Ordinance 02-1623AN ORDINANCE OF TH CISY OF IANGW00D,
FLORIDA, P VIDINGEFOR THE GRANTING OF A NON-
E%CLUSIVE FRANCHISE TO FLORIDA RECYCLING
SERVICES, INC. FOR THE COLLECTION OF
COI~Il~ff.RCIAt SOLID WASTE, TO IMPOSE CERTAIN
TERMS, CONDITIONS AND REQUIREMENTS RE
THERETO; PROVIDING EEVERABILI TY, CONFLICTS
AND AN EFFECTIVE DATE.
BE ZT ENACTED BY THE CITY OF LONGWOOD, FLORIDA AS FOLLOWS:
SECTION ONE: There is hereby granted to:
herein called the "Franch.isee"1, its s and a signs, a -
xclusive 0.ight, Privilege or Franchise ato collect solid waste
materials from ral establishments within the City of
Longwood, Seminoleo COUnt y, Fl oritla, during the term and subject to
the following l.i.mitations and conditions as hereinafter set forth.
1. Defin'tions.
yCity" shall mean the City of Longwood, Flozida, a
municipal corporation.
b. "Franchisee" shall m n the individual, partnership
orporation who/which agrees, as hereinafter provided to perform
thecwoek o o furnish materials or equipment, or both
as set forthsin this Franchise.
"Recovered materials" m metal, paper, glass,
plastic, t tile, o rubber maters ass that have known recycling
potential, ec n be feasibly recycled, and have been diverted and
separated or have been r ved from the solid waste stream
forr sale, mater.i.a ls, whether o the
materials require subsequent processing o separation fromt each
other, but does not include materials destined For any u e that
nstitutes disposal. Re coveted materials as described above are
not solid waste.
tl. "solid waste m nagement" shall m n the process by
which solid waste r collected, transported, red, separated,
processed, disposed of any other way st ording to
orderly, purposeful, and planned program which includes closure and
long-term maintenance.
"solid waste management facility" shall m solid
rite disposal a volume zeducti on plant, transfera st anon,
materials r exy facility, o other facility, designated by the
City, the purpose of which is t ery or the disposal,
ecycling, processing, o storage oof csolid owast e. The term does
not include r red materials processing facilities which meet
the requirementsVeof FS 5 903.]096(9) cept the portion of
facilities, if any, that i used for the management of (a.re
managing s c.~ solid waste.
c. ^soua waste^ ehau m sl.nage u ragulacea pnaer
the fetleral clean w clean a act, sludge from a rite
t eeatment works, water supply treatment plant, o air pollution
on[rol facility, o n<ludes garbage, rubbish, refuse, spe<ial
rite, other discarded material, ncluding solid, liquid,
soLide of contained gaseous materi ali r salting from domestic,
industrial, ial, ing, agricultural, governmental
operations. Recovered materials as defined in FS s 903.]03(]) are
not solid waste.
g. "Commercial establishment" property
properties z ned o sed for c ial o industrial u sed
by ity e emp[ from eat ion under 501(c)s13) of vthe
Internal nRevenue xCOde, and excludes property or properties z ned o
used foz single-family r sidential o multifamily r sidenti al u
h. "Construction and demolition debris"em materials
generally c side red to be not water soluble and n ne haz ardous i
nature, ncluding, but not limited to, steel oglas s, brit k,~
rete,i asphalt eoofing material, pipe, gypsum wallboard, and
lumber, from the c nstruction oz destruction of a structure as part
of a of demolition project, and including rocks,
oils,c tree ur trees, and other vegetative matter which
rurally r salts afrom land cteari ng or land development operations
for a nstruction project including such debris from c nstruction
of st ru~tures at a site r mote from the c nstruction or demolition
project site. Mixing of ec nstruction and demolition debris with
other types of solid waste,~including material from a nstruction
of demolition site which i not from the a ual c ns[ructi on o
destruction of a structure, will c it to be classified as other
than con action and demolition debris.
"Container" shall m any portable, n nabsorbent
nclos ed container with a close fitting c r doors, approved
by the Health Department and the City, which ei sed to store large
volumes of refuse. It must be capable of being serviced by
j. "Special Waste" m solid wastes that c require
special handling and m rtagementeannclutling, but not limnit etl to,
white goods, rite tires, sed oil, lead-acid batteries,
nstruction and demolition debris, ash residue, yard trash, and
biological wastes.
k. "Biomedical waste" m any solid waste or liquid
as to which may present a threat of infection to humans. The term
ncludes, bvt i not limited to, n n-liquid human tissue anq body
parts; laboratory and veterinary waste which contain human-disease-
ing agents; discarded disposable sharps; human blood, and human
blood products and body fluids; and other materials which in CRe
opinion of the tlepartmertt of Health and Rehabilitative Services
represent a significant risk o£ infection to persons outside the
generating facility. The t rm does not include humanr tns that
axe disposed o£ by persons licensed under chapter 9]O. cma
1. "Biomedical waste generator" m a facility o
person Chat produces or generates biomedicale waste. The term
ncludes, but i not limited to, hospitals, skilled n ing o
valescent hospitals, intermediate c e faci lities,uclinics
dialysis clinics, dental offices, health m intenance organizations,
urgical clinics, medical buildings,a physicians' offices,
laboratories, veterinary clinics, and funeral homes.
iological w solid waste that c
has the capability of c ing disease so infection and includes
but i not limited to, biomedical waste, rdiseased or dead a coals,
and other wastes capable o£ transmitting pathogens to humans o
coals. The term does not include human remains that are disposed
ofrby persons licensed under Chapter 4]0.
"Materials r ery facility" m solid waste
nagement facility [hat provides for the extraction from solid
rite of recyclable materials, materials suitable for u s a fuel
of soil amendment, o any combination of such ma[erials.a
"Recovered materials processing facility" m
facility engaged solely in the storage, processing, r salens
of t red materials. Such a facility i not a solid waste
nagementeC facility if it meets the conditions of FS s.
903.]045(1)(£).
p. "Ash Aesidue has Che s ing as the term i
defined in the department rule on solide waste combustors which
defines such term.
q. "Pelletized paper waste" s pellets produced
xclvsively from discarded paper which isederived from a solid
rite m nagement facility o red materials processing
facility and which r shredded, extruded, r formulated into
ompact pellets of v sizes for the u supplemental fuel
n permitted boilers other than waste-to genergy facilities. The
of such pellets a supplemental fuel in permitted boilers
other Chan rite-to-energy facilities may be sed by local
gover*u4en[s a redita toward the goals for reduction of solid
waste pursuant to FS s. 3.706(4)187.
Ordinance 02-1624
Yaqe 3
2. Term.
The terirt of this Franchise shall terminate
September 30, 20 ro> following the effective date hereof providedn
however, the City or Franchisee may terminate this Non-exclusive
Commercial Franchise, with o ithout c , by a thirty (30) day
written notice sent by Certified U.S. made
3. Services Provitled by Franchisee:
Franchisee(s) shall provide Commercial Solid Waste
coilectiona Servi ces in [he City of Longwood, which shall be a
xclusive right to the Franchisee (s(. The Contractor shall be
esponsible for billing and collection of Commerctal. Solid Waste
Collection services and disposal costs.
d. Unauthorized Service
No other person o entity e cept the Franchisee (sl
may offer or provide Commercial Solid Waste Collection s
the City of Longwood. No c ial establistwient within thecCity
shall utilize the s of ea collector not holding a franchise
from the City. Violationss of this section shall be enforced by the
City by legal action seeking injunctive relief and damages.
b. Minimum Service: The Franchisee shall make
collections at all c ial establishments subject to the terms
of this ordinance and a'trsufficient intervals n sary to perform
atleguate services and to protect the enviro~went es
5. Franchise Proc g Fee: A fee of fifty dollars
(550.00) shall be charged forn each franchise application [o cover
associated administrative costs.
6. Nours. Collections shall be made between ]:00 a and
1:00 p.m. unless different times are approved by the City. m
'!. Litter. The Franchisee shall not litter premises in the
process of making collections and shall promptly pick up all
papers, material debris that may be scattered about [he
container during [he process.
8. Use and Location of Approved Containers. Containers used
for collection of solid w e from c rcial establishments shall
be standard manufactured-type mechanically served containers,
Ordinance 02-1620
Page d
ompat.i.ble with the private ial collectoc's ing
equipment. Containers shall bem placed at locations5e eadily
Bible to Franchisee's personnel. Containers shall be located
uponsprivate property unless the u of public property i approved
by Che City. Violations of this section shall c nstitute a breach
and default of this Non-exclusive Commercial Franchise. The type
of tame[ Bed, the location thereof, may vary from the
provisions of this section if approved in writing by the City of
Longwood.
9. Haxardoua Materials. Collection of special and hazardous
ials shall be i strict compliance with all federal, state,
antlelocal laws antl regulations. Saitl ma[erlals shall be s red and
placed i approved by the appropriate regal atory oagency,
r.e., FD£.Ra maSneEPA, etc., and the City of Longwood.
10. Collection E
The Fran~chi~s eetshall provide a adequate number of
vehicles for regular collection s They shall be kept r
good repair, appearance, and i nita ry condition at all t
Each vehicle shall have clearly v Bible the n and phone number
of the Franchisee and vehicle number not less mthan twelve inches
(12"1 rn height o the r and each side.
b. Franchisees shall ertify to the City upon the
ent of each five (5)-year franchise the description and
quantity of vehicles and equipment hand and a ailab le for
regular collection se rvrces and backup rn the event o£ any
breakdowns.
ll. Office. The Franchisee shall establish and maintain a
local offic uch other facilities through which i[ c n be
ontacted, where s may be applied for, and complaints c n be
made. It shall beeequippetl with sufficient telephones, shallahave
e (1) responsible person i charge during collection hours and
shall be open during collection hours.
12. Hauling. A31 solid waste hauled by the Fzanchisee shall
be ontained, nclos ed that leaking, spilling or blowing a
prevented. In there ent of any spillage, leaking, of blowing of
rats from tru<k,vthe Franchisee shall immediately clean up the
waste.
13, poeal. All so litl waste for disposal shall be hauled
to FDER approved sites or facilities legally approved to a cept it
for treatment or disposal and designated a approved site by Che
City. All r red materials must be processed at a certified
recovered materials processing £acili[y.
Sd. Charges and Patee. All charges and rates for the
ial collection of garbage shall be set by the Franchisee i
negotiation with the ial establishment requiring the
servrce. Rates and charges shall not be set by the City.
15. Cgmpeneation and Payment.
For the privilege of collecting solid waste from
i ala establishments within the City, s ing a franchise
fromethe City and for the u o£ the City streets, the franchised
collector shall pay C then Ci[y, a equal to twenty pec<en[
1208) of the gross from all related to the
revenue sources
franchisee's operations rn the City, ncl uding fees, charges,
ent al of equipment, and funtls paid outside the City for hauling
materials from the City. Payment to the City shall be made four
(41 times per year, n March 15, ,lone Is, September 15, and
December 15, £oi three (3) full months immediately preceding
payment, e cept the first payment if the first period is less than
three m nths, which c e payment shall be prorated. Payment
shall be directed to the CSty Finance Division. Such fees shall
not nclude fees generated from the collection of recovered
materials.
b. Franchisee, Further sideration of Che
franchise, shall make its financial r ords oa ailable to the city
ordance with procedures e .ablished from time to time by the
itycc The fees paid pursuant tosthis s shall not be added a
separate item o the ustomei's collection bills, but rather
shall be considered as an operational expense.
16. ~. Along with the quarterly r mi ttance of the
franchise fee, Che Franchisee shall provide the City with a repor
Said report shall be i a hard copy form. The report shall include
uch information as the City may r onably require s s to e
proper refuse s all c ial establishments within sthe
City and s s to e nchiseers compliance with the [ and
conditionsoof this repociFraUach report shall contain as a mirtlmum.
(11 Customer's Business Name
(2) s Business Address
(3) Cus {omee's Telephone Number
Ordinance 02-1624
Page 6
(4) Container (sl Number (sl
(5) Container(s) Capacity
l6) Compactor(s)
(]) ick-up Schedule for Containers and Compactors
X87 Number of Pick-upa Poc all Con[ainera and Compactors
(9) Franchisee Fee
i]. Notifica The Franchisee shall notify all customers
about regulations andnda ys of coilection.
18. nchisee P nel.
The F nchisee shall assign a qualifietl person o
persons toa be i charge of his operations in the Ci[y and shall
give the n o the Ci[y.
bme oFranchisee's collection employees shall wear a clean
uniform bearing Ue company's n
ach employee shall, at all times, rry a valid
operator's clicense for the type of vehicle he is driving.
d. The City may request the dismissal o appropriate
dis cip Sin of any employee of the Franchisee who io Sates any
provi sionehereof o who i anton, negligent, or dis coueteous in
the performance of his duties.
The Franchisee shall provide operating antl safety
training for all personnel and shall certify same to [he City
annually upon r wal of this Franchise.
f. The nchisee shall omply with the Equal
Employment Opportunity aerogram, the Paie Labor standards Act and
all other applicable Federal and State Statutes pertaining to Fair
Employment practices.
hiaae E ent.
All true ks~ or other vehicles operated by Che
submit to spot, on the road inspections by the City or Sts agent
and if found to be u safe, aid vehicle shall be immediately
ved from s rvice until it can be repaired and is successfully
re-inspected, e
b. The u of vehicles failing to meet standards after
nspections may be grounds for c cellation of the franchise by Che
City Commission, if Found after rtnoti ce to the Franchisee and an
opportunity to be heard, to be flagrant oz repeated in nature.
Ordinance 02-1623
Page ]
zo. Compliance witnin lawe. Tne rigne is hereby r ved for
the City to atlopt, in addiction to the provisions herein scontainetl
and e fisting applicable ordinances, such adtlitional regulations a
it shall find n ary in the e of the police powers
provitled that such regulations by ordinance o otherwise shall be
noble and not i onf lict with the intended pucpose of this
ordinance. This shall cinclude requiring the Franchisee to dispose
antl deliver solid waste to a designated facility. ahe Franchisee
shall conduct operations under this ordinance r ompliance with
all applicable laws and inter-local agreements between the City and
Seminole County for solid waste m nagement and its failure to
comply shall c ns titute a default hereurtde[. This franchise shall
not be c nstrued to repeal o any e fisting ordinance and to
the extent that any provision o.r this franchise c isten[
with any e is tinq ordinance, then such existing ordinance shall
prevail and control.
21. Payment Bond. The Franchisee shall furnish to the City a
Payment Bond e cured by a ety licensed and authorizetl to do
business rn the State of Florida rn the a ant of $100,000.00
ing the faithful payment and performance of the terms of Nis
ordinance and e cutetl by a rety company. Said Payment Bond i
ant deemed by the City and the Franchisee to be r noble
andan ary to enable the City to e all franchise efees due
and payable hereunder and paid as andnwhen due.
22. Liabili tv. The privileges herein granted a upon the
express conditio s that the F nchisee shall be liable for all
damages o injury [o persons or property c sed by its neglect o
mismanagement, or by the actions of any of its employees while
engagetl in the operations herein authorized, or for any actions o
proceedings brought a salt of the a and of this franchise Co
nchisee, to specifically inclutle butw not be limited to Anti-
ust actions or proceedings. The Franchisee shall be responsible
and liable for any and a31 damages [o personal o eal property,
whether o ned by the City, private individuals o other business
enti ties.w aid damages shall nclutle, but not be limited Co
damages Co City rights-of-ways, curbing, signs, roadways and other
pioper[y. Should the Cf ty of Longwood be sued therefor, Che
Franchisee shall be no[ifietl of such suit, and thereupon it shall
legal fees of the City's attorney to defend the suit and should
judgment go against the City in any such c Franchisee shall
forthwith pay the s The F nchisee shape indemnify and s
harmless Ne City, a agents caofficers and employees from any
judgments recoveretlr by anyone for personal injury, death or
o=a.:na~pa oz-1szB
Page B
property damage ustained by r of any of the nchisee's
activities permitted by this franchise or for anyF actions o
pro eedings brought a salt of the a and of this franchise C
nchisee, C specifically include but not limited to Anti-trust
actions or proceedings, and shall pay all expenses, including casts
and a ney's fees, n defending against any such claim made
against oche City any of the City's agents, officers
employees. nchisee further agree to purchase comprehensive
public liability and property damage r n the a ant of
SS, 000, 000 per a cident, e ent o ing the City a
additional i red to the extent ofci tse rightsa gainst F nchisee
ing by v of this section. The insurance policy will
p ovide [hat rthee City shall be given thirty (30) tlays w itten
notice prior to c cellation o modification. A copy of saitl
policy of i ashall be filed with the Ci[y Clerk on or before
[he ef£ectiveu dates of Chis franchise.
23. The Franchisee shall, at r sole expense,
procure fromoall gnus r~uaent al authorities having jurisdiction o
the operations of the Franchisee, including Che-City, all licenses
ertifica[es, permits o other authorization which may be n ary
for the contluct of itsrope rati ons. The Franchisee shall paysall
taxes, licenses, ertif ication, permit and e nation fees and
which may be a sed, levied, ted ao imposed o its
property, o its operations, o its grass r eipts, and uponn this
franchise and Che rights and privileges granted herein, and shall
make all applications, reports and returns required in connection
therewith.
24, orkar~s Compa cation. Tpe F nchise shall c rry, with
ompany authoii zed to transact business i aehe State
of Flo ridaCe a policy that fulfills ail the requirements of the
orkex's Compensation Act of said State, including all legal
i~equi rements for occupational diseases.
25. Assignment. sigrvnent of franchise o any right
ing under this oxdi ance shall be made i whole o n part by
~heuF nchisee without [he exF=ess written c of the City and
the c n the e ent of any a sigeunent~ntheta signee and Che
asst gnoroshalliboth bevliable understhe Franchise. s
collected and charges therefor, and the City shall have the right
Ortlinance 02-1623
Page 9
to r w those r orris which i any way pertain to the payments
due it [a well asa{he billing of all customers by the F nchisee.
if disposal facilities operated by the City, ords of
ing w shall be [n[ained by Che City. The F nchisee
wi 11 be eesponsible for the monthly billing of the customer.
b. franchisee shall furnish the City Finance Division
ith a ua1 audit, due o ovember IS of each calendar yea for
the s rvice year or portion thereof ending the previous September
30th.e Said audit shall be prepared by a independent certified
public untant complete with creditor's opinion which opinion
shall be csubj ect to a ceptance o rejection by the City. The audit
shall reflect the a acy and completeness of the information
provitled the City by cthe F nchisee including detailed data and
computation concerning the franchise fee.
27. HankruptcY o aoivency. If the nchisee becomes
solvent and i any e ent if the Franchisee files a petition of
voluntary o voluntary bankruptcy, then this franchise shall
terminate ent later than the date of filing of Ue
bankruptcy pe ti irony
28. Defavl t.
The failure o the part of the Franchisee to comply
any substantial respect with any of the provisions of this
ordina shall be grounds for a forfeiture of this franchise, bvt
uchcforfei tore shall take effect until the City has served upon
then Franchisee written notice of default, which notice shall set
forth the nature and thereof. If default be
ected, the e nchisee shall have thirty l30)adays following the
notice of defaulta to c ect the 5 If the Franchisee protests
the r nableness or opropriety o£ the City's declaration, said
protest shall be s ved upon Che City i ruing within Cen (10)
days following i eipt by the Franchisee ofwthe City's notice. The
protest shall bee scheduled before the Longwppd City Commission at
ehe next a ai Table Commission meeting.
b. If the City Commission, after hearing the protest
upholds the r nableness or propriety of the City's declaration
of default, [keno the Franchisee, within thirty f30) days of said
decision, may challenge the decision in the Circuit Court of the
Eighteenth Judicial Circuit in and for Seminole County, Florida.
29. Right to Require PeiFOrmance. The failure of the City at
any t e [o require peefoxma e by [he F nchis ee of any provisions
hereofmshall in n way affect the ri ghtr of the City thereafter to
enforce s shall w r by the City of any breach of any
smhereof be taken orv held [o be a of any s eeding
bre achrof such provision or as a wag ver ofw any pxovision ui is elf.
30, independent Contractor. St hereby understood and
agreed that the Franchisee 1s an independent contxactor and not an
agent of the City.
31. Modification. This franchise c ti totes the entire
agreement and understanding between the parties hereto, and it
shall not be c sidered modified, altered, changed o ended i
any respect unless i riting and signed by the parties hereto, and
adopted as an amend ng franchise ordinance.
32. Notice. As required for any purpose in this franchise,
notice shall bebe addressed and sent by cer[.i.f red Un.i ted States mail
to the City and the Franchisee as Follows:
ciTZ. City Clerk
City of Longwood
1]5 w
Longwooda Floridanu32'I50
FRANCHISEE: ank M ard, V sident
Florida Recycling Servi cese Inc.
1099 Miller Drive
Altamonte Springs, FL 32"l01
Phone: a0'1/ e31-1535
33. Remedies Attorne ' F d Costs. All medies
provided this franchise shall be deemed umvlative and
addi ti onalrand not in lieu of o xcluslve of each other o of any
other r medy a ailable to the City a[ law o equity. In the
ent Che City shall prevail any action a ing hereunder,
Franchisee shall pay to the City its costs, referable thereto,
rncl uding attorney's fees.
Ordinance 02-1623
Paga it
3d. Govexni np L and Y This Franchise agre shall
be governed by the la sw of the state o£ Florida. P y antlmall legal
action n ary to enforce the Agreement will be held in Seminole
County and the Agreement will be interpzeted according to the laws
of elorida.
35. Hems The headings of the s of this franchise
e for purposes of c only ands shall not be, deemed to
expand or limit the provisionsc contaihedin such sections.
36. antY oP a nchi see. The Franchisee represents and
antsuntorthe City that n officer, employee, o agent of the
City has any interest, ithez directly o indirectly, an the
business of Franchisee to be contlucted hereunder.
3]. Amendment. The City e s the right to a end this
ordinance i any m aryeforvthe health, safe~d welfare
of the public or ton comply swith laws, statutes, regulations o
inter-local agreements, and the City r s the right, n the
public i est from time to time, to prescribe r nabl el rul es
and regulations governing eranchisee's operations hereunder.
38. Public Bnti tY Crimas: No Franchisee ox Contractor may be
a person o affiliate identified on the Department of General
nvlcted endox" list. This list defined
fisting of persons affiliates who disqualified from
public contracting and pux chasing process be ause they have been
found guilty of a public entity c The Franchisee i required
omply with Florida Statutes Section 28].133, as amended, oz its
SECTION TWO: SePaxablli tY: The provisions of this ordinance
e declared to be separable and if any section, sentence, clause
r phrase of This ordinance shall for any r n be he l.d to be
valitl o titutional, uch decision shall not affect the
validity of the r ing sections, sentences, clauses and phrases
of this ordinance but they shall r effect, i[ being the
Seg is lati.ve intent that this ordinance zshall stand notwithstanding
the invalidity of any part.
ty `ox ~ ._ and rt ia~ce Ey Lae ~ r.
The foregoing City of Longwood Ordinance No. 02-1623 and Che
franchise provided for therein and all the terms and co ditions
thezeo£ a e hereby a cepted, approved and agreed to this .2 5' F
day of dpi ~eni6~=- c 1"ev
FRANCHISEE: 7 f
Cwnpany Nam ! Flop. /~ n9.3 rc e, Inc.
By f,(~i(,_ l ~
S' atuLe o£ Own '/r Aut vze,\\d Ag.~~e^n!
Print Name: I~I~I~IV [~ ~Va~c ~1 Jl~t