Ordinance 02-1624AN ORDINANCE OF THE CITY OF LONGWOOD,
FISRIDA, PROVIDING FOR THE GRANTING OF A NON-
E%CLUSIVE FRANCHISE TO REPUBLIC SERVICES OF
A, LIMITED PAR SHIP FOR THE
SSEE
COLLECTION OF CTER S, OC SOLID WASTE, TO
IMPOSE CAMSTHERETO; B AND
REgUIREMENTS RELATING T EFFECTING
VEFABILS TY, CONFLICTSHANDTAN EFFECTIVE
DATE .
BE IT ENACTED BY THE CITY OF LONGWOOD, FLORIDA AS FOLLOWS:
SECTION ONE: There is hereby granted to:
herein called the "Franchisee"), its s and a signs, a Non-
xclusive Right, Privilege or Fr anchise s tc collect solid w
materials from ial establishments ith,n the City If
Longwood, B noleo COunty, Florida, during the term and subject to
the following) limitations and contlit ions as hereinafter set forth.
I. D. "bona.
"City" shall mean the City of Longwood, Florida, a
municipal corporation.
D. nchiseg 11,shall m n [he individual, partnership
orpozation who/which agrees, as hereinafter provitled to perform
thecwork o r to furnish materials or equipment, or both
as set forths invthis franchise.
red materials" m er metal, pap, glass,
plastic, textile e c rubber materials that have known recycling
potential, c n be feasibly recycled, and have been diverted and
source separated or have been removed from the solid waste stream
materials requirue subseqnt processing o cap — at— from each
other, but doesn y nclude materials destined for any ... that
nnstitutec disposal.Recovered ma ter, is as described above axe
ot solid waste.
d. "Solid was to management" shall mean the process by
processed, r disposed of a any other way, Ordidg to a
orderly, purposeful, add planned program which includes closure and
long-term maintenance.
Ordinance No. 02-1624
Page 1
^solid waste m nagement facility" shall m solid
rite disposal a um vole ared—ti— plant, h rans'era station,
materials r ery facility, or other facility, designated by the
City, the purpose of which i ery or the disposal, s resource lld w
ecycling, processing, o storage of solid waste. The term tlwes
nclude r red materials processing facilities which meet
the requi remit aof th s 903.704 III xcept the portion of
facil i t i.es, Sf any, that is used fo[ the management of (are
managing s ' solid waste.
f. as "Solid waste" shall ma sludge u regular etl under
the federal clean water out o cleananot, sludge from a rite
treatment works, watec supply t eatme, plant, o r pollution
ontrol facility, o ncludes garbage, rubbish, refuse, special
other discarded material, rncluding solid, liquid,
solid= of contained gaseous materialr salting from domestic,
industrial, rcinl, ining, agricultural, governmental
operations. Recovered materials as defined in " 1.,03.703(7) are
not solid waste.
g. "Commercial tablishment" a property o
properties z ned o sed for c ial It
industrial u used
by a x
entity e empt from taxation under I. 501(c)s(3) of the
Internal Revenuecode, and excludes property or properties z ned o
am used for single-fily r sideutial o amily r multifsidential u
h. "Construction and demolition debris"em materials
generally [ si dried to be not water soluble and n nehazardous i
nature, nrlud.ing, but not limited to, steel oglass, brick,,
rete,r asphalt oofing m rai, pipe, gypsum wallboard, and
lumber, from the c nstruction or r destruction of a structure as part
of a nstruction of demolition project, and including rocks,
soile,c tree r trees, and other vegetative matter which
molly [ svltsfrom land clearing or land development operations a
for nstruction project including such debris from c
of structures nt a site i mote f m the c nstruction or demolition
ro pject site. Mixing of c o nstruction and demolition debris with
other, types of solid waste,i
=
ncluding m ial from a nstruction
If
demolition site which is oot from the actual c action o
destruction of a structure, will c it to be classified as other
than construction and demolition debris.
i. "Con shall me,n arty portable, nabsorbent
nclosed container withea close fitting c ro r doors, appved
by the Health Deprtm Vend the City, which ei sed t e large
volumes of refuse. It must be capable of being o erviced by
j. "Special Waste" m es solid wastes that c requi ee
special handling and m nagementncluding, but not limited t
white goods, rite tires, sed oil, lead -acid batteries,
nstruction and demolition debris, In residue, yard trash, and
biological wastes.
k. "➢,.medical waste.. m e any solitl waste or liquid
rite which may present a threat ofinfect ion to humans. The term
ncl odes, but i not— to, n n-liquid human tissue and body
parts; laboratory and veterinary waste which contain human-disease-
ing agents; discarded disposable sharps; human blood, and human
blood products and body fluitls; and other materials which i the
opinion of the department of Health and Rehab, l itaC... Services
represent a sign, £i cant risk of infection to persons outside the
generating facility. The t m does n nclude human r mains that
are disposed o£ by Persons licensed under chapter 4"i0.s
1. "➢iomedical waste generator" a
m a facility o
person that produces or generates biomedicale-ate. The term
ncludes, but is not limited I., hospitals, skilled u n ing o
va I.....t hospitals, intermediate rare
facilities,clinics,
d,alys I, clinics, dental offices, healthm fntenance organizations,
urgic.1 clinics, medical buildings,. physicians' offices,
laboratories, veterinary cynics, and funeral homes.
".1.1-ical waste" m solid waste that c
has the capability of c ing disease so infection and includes,—ad,
ncludes,
but i not limited to, biomedical waste, this..... or ..ad an mall,
and other wastes capable of C witting pathogens to had.- o
an tma Id. The term does not include human remains that are dsposed
or by
Persons licensed under Chapter 470.
n er "Mate it als r y facility" m solid waste
nagementfacility that provides for the extraction from solid
auto of recyclable materi,ls, materials suitable for as u a fuel
of soil a endment, o any combination of such materials,
I.•red materials processing facility" m ns
fility engaged lely n the trage, processing, sale ac
of r retl somaterials. Sucha facility is not a solid waste
n.gementeC facility if it meets the conditions of 1S s.
403.7045(1)(f).
p. "Ash Residue " has the s ing as the term is
defined in the department rule on solitl waste combustors which
defines such term.
q. Pelletized paper waste" e pellets produced
xclusively from discarded paper which isderived from a solid
rite m .agement facility o rred materials processing
facility and which shredded, extruded,or formulated into
ompact pellets of v aris s for the u supplemental fuel
is permitted boilers otherthan waste-t--ddd,gy facilities. The
use of such pellets a supplemental fuel in permitted boilers
other than - n orgy facilities may be used by 11
gov ents reditsand the goals for reduction o£ solid
waste pursuant to FS I.
403., oa(4)(➢).
aThe term of this franchise shall t ... ihets Sept_ 30
, 2007, following
the effective date bst. hereof
P10116M-"
—si' the City orFranchisee is ey te.ihets this So. -I?"
s C Franchise, with — without —se, by a thirty (30) day
written notice sent by Certified U.S. mail
S. services
s.nchisee Colbhi...
s) shall 1—id, commercial ill Solid Waste 1
-=i.. Services i. theC City f Longwood, which shall be
— ightC.thebbi se(s). The C—t...tor she11 be
..p...ibl, for billing and collection of Commercial Solid We,is
Collection
services
and disposal costs.
d. Unauthorized Service
e. No olhel P:11?b-entity 1111pt the Franchisee provideds Commercial
_ _
may ff., — P.lS.1 is wIlt, CIII—i" Service
the —
City f Longwood. N. -r—Ill establishment within the City
'bell utilizethe seitee , -11-- not holding a franchise
from the City. Violations f this bell be enforced by the
City by less 1 action seeking ,list .d d,b,g,,.
b '— - Minimum Service: Franchisee lihishall ,k,
collections at all "w_ ill establishments
illbtl— subject to the terms
if this —d .... e —d it —ffic i-t intervals .--y t. perform
adequate services and t, protect the —iio—.
1 2: A fifty db--
($50.00) shall be charged — L�' franchise application t. cover
associated administrative costs.
6. Hours. Collections shall be made between 7:00 a— and
7:00 p... —lee, different times are approved by the City.
7. Litter. Th. Franchisee shall not litter premises in the
process
of
making collections l promptly pick p 11
that d shall
pb's's' material debris t be scattered
..its'eh .—t the
—ht.i— during the process.
.. b. end Location of Approved Containers. Containers used
for collection
of
solid waste
from—Mel establishments shall
be standard manufactured -type mechanically served
0— ..... 02-1624
ompatible with the private ial collector's ing
equipment. Containers shall cbe placed at locations5 areadiiy
s ible to franchisee's personnel. Containers shall be located
uponsprivate property unless the u of public property i approved
by the City. Violations of this s shall c nstitute a breach
and default of this N—xclusile Commercial Franchise. The type
of sed, the location thereof, may vary from the
provisions of this section if approved in writing by the City of
Longwood.
9. ea dou. Material.. Collection of special and hazardous
materials shall be i strict compliance with all federal, state,
and local laws and regulations. Slid materials shall be stored and
placed i aped by the appropriate regulatory agency,
i.e.
, FDER, U.S. EPA,
prov
EPA, etc., and the City of Longwood.
S0. Collection Equipment.
The Frnchit- shall provide a adequate number If
vehicles for regular collection s aThey shall be kept i
good repair, appearance, and i nitary condition a all C
Each vehicle shall have clearly v sib le the n and phone number
IT
the Franchisee and vehicle number not less athan twelve inches
(12") in height on the rs eac
h ch side.
b. Franchisee •
shall rtify to the City upon the
ment of each five (1)-yearfranchise the description and
guantityof vehicles and equipment on hand and a ailable for
regular collection services and backup in the event of any
breakdowns.
11. Office. The F nchisee shall establish and m intain a
local offic uch other facilities through which it c v be
ontacted, where s may be applied for, and complaints c n be
made. it shall beeeq,ipp,d with sufficient telephones, sh,llahave
e (i( responsible person i charge during collection hours and
sha11 be open during collection hours.
Hauling. All solid w e hauled by the Franchisee shall
be s ..tained, o nclosed thast leaking, spilling or blowing a
prevented. In the evertt of any spillage, leak.i ng, or blowing of
materials from truck,the Franchisee shall immediately clean up the
waste.
13, sal. All solid waste for disposal shall be hauled
to 'DER approved sites or facilities legally approved to a cept it
for treatment or di,be-1 and .designated a approved site by the
City. All r red materials must be processed at a certified
recovered materials processing facility.
11. Charges antl Pates. All charges and rates for the
ial collection of garbage shall be set by the Franchisee i
negotiation with the Ycial establishment requiring the
service. Rates and charge, ohall not be set by the City.
15. C[mmeneati on antl Payment.
e
ethe City
r the privilege of collecting lid waste f[om
i alestablishments within the City, s -lid
a franchise
fromand for the u of the City streets, the franchised
collector shall pay to thes City, a equal to twenty percent
(20$) of the gross f[om all related to the Yevenue sources
franchisee's operations I, the City, ncludiog fees, charges,
ental of equipment, and funds paid outside the City for hauling
materials f[om the City. Payment to the City shall be made four
(4( times per yaar, n Meroh 15, gone 15, Beptember 15, and
December 15, £oY three (3) full months immediately preceding
payment, e cept the first payment if the first period is less than
three months, which c e payment shall be prorated. Payment
shall be directed to the aCity Finance Division. Such fees shall
not include fees generated from the collection o£ recovered
materials.
b. Franchisee, fuether sidex anon of the
franchise, shall make its financial r ords oe ailable to the City
I. i orde-e with procedures established from time to time by the
City. The £ees paid pursuant to this Section shall not be added a
separate item on the customer's collection bills, but rather
shall be considered as an operational expense.
16. Along with the quarterly r mittance of the
franchise fee, [he F nchisee shall provide the City with a report.
Said report shall beri a hard copy form. The report shall include
such information as the City may i onably require s e to ves proper refs e to all c ial establishments within use the
City and s to e ranchise s comp eliance with the terms and
conditions of this report. —h Yeport shall contain as a minimum.
(1( Customer's Business N
(2) Customer's e Address
(3) Customer's Telephone Number
Ordinance 02-1624
Page 6
(9) onta,i.ner (s) Number Ill
(5) Container(s) Capacity
(6) Compactor(a)
("17 Pick-up Schedule for Containers and Compactors
(8) Numon ber of Pick-ups for all Containers and Cpt—rs
(91 Franchisee as
17. Notification. The Franchise. shall notify all customers
about regulations and days of collection.
18. Franchisee Personnel.
T.
The Franchisee shall a sign a qualified person o
persons tobe i charge o£ his operations in the City and shall
give the n s to the city.
bame oFsa-hisee's collection employees shall wear e clean
uniform bearing the company's n
ach employee shall, at all times, c rry a valid
ope rator'sclicenss for the type of vehicle he is driving.
d. The City may request the dismissal o appropriate
di.s b'pline of any employee of the Franchisee who violates any
provision hereof o who i Anton, negligent, or discourteous in
the performance of h.i.s duties.
The F nchisee shall provide operating and safety
training for all personnel. and shall certify same to the City
annually upon r .el of this F nchiss.
f. The Franchisee hall comply with the Equal
Employment Opportunity Program, the Fair Labor Standards Act and
all othec sppl.icab le Federal and State Statutes pertaining to Fair
Employment practices.
19. Fxanchi see E pment.
a
All treks other vehicles operated by the
nchiseei the City shall be subject to, and shall immediately
submit to spot, o the road inspections by the City o its agent
and if found to be u safe, -16 vehicle shall be immediately
removed from servrce until. it can be repaired and is successfully
b. The u of vehicles failing t eet standards after
nspections may be grounds for cncellation of the franchise by the
City Commission, if found after notice to the F nchisee and an
opportunity to be heard, to be fragrant or repeated in nature.
20. Cbv lianoe within Laws. The eight is hereby rd for
the City to adopt, i addition to the provisions herein swe
t ned
and e isting applicable ordinances, such additional zegulations a
it shall find n axy in the e of the police power,,
provided that such regulations by ordinance o otherwise shall be
reasonable and not in conflict with the intended purpose of this
and deliver solid waste to a designated facility. The Franchisee
shall conduct operations under this ordinance i omp liance with
all applicable laws and f r-local agreements between the City and
Seminole County far solid waste m nagement and .its failure to
omply shall c nstitute a default hereunder. This franchise shall
not be c .,trued to repeal r
o any e isting ordinance and t
the extent that any p—isionofr this franchise is inconsistent
with any e rs Ling ordinance, then such exrstzng ordinance shall
prevail and control.
21. Payment Bond. The Franchisee sha11 furnish to the City a
Payment Bond e cut etl by a rety licensed and authorized to do
business in thee State of Florida in the am ant of $100,000.00
it—i.g the faithful payment and performance of the terms of this
ordinance and e cuted by a rely company. Said Payment Bond i
a. a.
aant deemed by the City and the Franchisee to be i .able
a.dn ary to enable the City
to e nall franchise afees due
and payable hereunder d paid as dwhen due.
22. Liability. 'the privileges herein granted 11, upon the
express conditio s that the Franchisee shall be liable for all
damages o injury to persons or property c sed by its neglect o
mismanagement, or by the actions of any of i employees while
engaged in the operations herein authorized, ort for any actions o
proceedings brought a salt of the a and of this franchise to
Franchisee, specifically i-iclude butwnot be limited to —i-
trust actions oor proceedings. The Franchisee shall be responsible
and liable for any and all damages to personal o ea1 property,
whether ne o d by the City, private individals uo other business
entities.w Said damages shall .elude, but not be limitedt.
damages to City eights -of -ways, curbing, signs, roadways and other
property. Should the City of Longwood be sued therefor, the
Franchisee shall be notified of such suit, and thereupon it shall
legal fees of the City', attorney to defend the suit and should
gm judent go against the City i any such c nchisee shall
or fthwith pay the s The Fnchisee shalmn indeify and111
rms
haless the City, a r agents,raofemp ficers and loyees ft.. any
judgments rec--dby anyone for personal injury, death or
Ordinance 02-1624
Page B
property damage sustained by tosc., of any of the Franchisee's
activities permittod by this franchise or for any actions o
proceedings brought o salt of the a and of this franchise to
nchisee, to
specifically include but not limited to Anti-trust
actions or proceedings, and shall pay all expenses, including costs
and attorney', fees, in defending against any such claim made
against the City o any of the City', agents, officersI.
employees. Franchisee further agree to purchase comprehensive
public liability and property damage i the am ant of
S S, OO O,Oo0 per a oics.t, e ing the City a
additional i retl to the Veztent ofti tse rights against Franchisee
i sing by virtue of this section. The u
r e policy will
provide that the City shall be given thirty (30( days w
notice prior to cellati on modification. A copy of r
aaid
policy of i s er,hall be filed with the City Clk on or before
the eff.cti- dateof this franchise.
procure from all govet.Ictal authorities having jurisdiction e
the operations of the F nchisee, including the City, all licenses=
certificates, permits ocaother authorization which may be necessary
taxes, licenses, ertification, permit and e nation fees and
which may be a s.d, levied, tetl o imposed on its
property, I. = operations, o gro its so
x r eiptt, and uponthis
franchise andthe rights and privileges granted herein, and shall
make all applications, reports and returns required in connection
therewith.
24. orker`s C The Franchise shall c rry, with
ompany authorized to transact business inatha State
of Florida,e a policy that fulfills all the requirements of the
orker's ompensation Act of aid State, rncluding all legal
requirements for occupational diseases.
25.—igtunent, sig=,,t of franchise o any right
ing under this —di—to shall
ube made i whole o n part by
theFranchi see without the express written consent of the City and
assignor shall both be liable under the Franchise
26. ooks, Records antl Audit.
The nchisee shall keep ords of ashes
collected and charges therefor, and the City shall have thewright
Ortlinance 02-1624
age 9
to r rr w those olds which i way
y pertain to the payments
due it e well as ethe billing of all customers by the Franchisee.
If disposal facilities a rated by the City, rorris of
....
wastes shall be e ioperated
by the City. The Franchi—
wilibe responsible £or the monthly billing of the cus tomes.
b. Franchisee shall furnish the City F
with a ual audit, due be November ll of each calendar yearls for
the s e e yea[ or portion thereof ending the previous September
30th.Said audit shall be prepared by a ie
ntlependent c tified
public ....
oetant complete with creditor's opinion which opi,ion
shall be csebj.et to a ceptance o rejection by the City. Tiie audit
shall reflect the acacy and or completeness of the infmation
provided the City by the F nchisee including detailed data antl
computation concerning the franchise fee.
27. Bankruptcy or InsolveneY. If the Franchisee 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 o£ filing of the
bankruptcy petition.
28. Default.
The failure on the part of the F nchisee to comply
i. any substantial respect with any of the provisions of this
ordinance shall be grounds for a forfeiture of this feanchi It,
but
uch forfeiture shall take effect until the City has s yed upon
then Franchisee written notice of default, which notice shall set
forth the nitu[e and extent thereof, if a default C e be
eeted, the Franchisee shall have thirty (30) days following the
notice of default to c ect the s if the F nchisee protests
the r nabl mess of opropriety ofm the City's declaration, aid
protest ssha11 be s ved upon the City i riting within ten (Ie)
days following [ eipt by the Franchisee ofwthe City'e n The
protett shall be
scheduled before the Wngwood City Commission at
the next a ailible Commission meeting.
b. If the City Commission, after hearing the protest
upholds the r nablmess or propriety of the city's declaration
of default, then the Franchisee, within thirty (30) days of said
decision, may challenge the decision rn the C uit Court of the
Eighteenth ,iudicial Circuit in and for Seminole County, Florida.
pht to Require Pexfoxmanea. The failure of the City at
any time to require perform e by the Franchisee of any provisions
n
hereof shall i way affect the right of the City thereafter to
enforce same. Nor shall ......
ry r by the City el any breach of any
Ordinance 02-2624
Page to
provisions be III—, hel
d to be I -- f I, I ... I,di,g
breach if such provision or
I waiver ofany provision it -If.
30. Intlependent e
It iI herebyunderstood and
agreed that the Franchisee is an ltld— contractor and not an
1,— of the City.
31. Modification. This franchise .... tit,tt, the entire
.,-- and understanding b.— the b—i— --, and it
shall not be —id ... I modified, altered, —d ., ended i�
any respect IIciting and signed by the pit, hereto,adopted as amending franchise —di—I..
32. Notice. A, iequi red for any purpose it this franchise,
n,ti,., shall b, addressed and sent by certified United It— mail
t, the City and the F—lhiltb as fIll—
City Clerk
city of Longwood
115
,I--
L—g ... d, Fl,iidI 32750
—.1— Mr. Richard Conde, C111,11 Manager
Republic Services If Florida,
Limited C—t--p
i— Overland —b
Apopka, FL 32703
Phone: 40/ 293-8000
33.
`tl' `, and —I . All i—
I
provided this f....hi— shall b, I....d and
Idditi—l—d net in lieu
I,.,".'ive of each th— _fany
th— —Idy I ilablI t. the
city
It11,1equity. I. the
't the
"tyshall i, action-i.g hereunder,M-hi— shall
pay t. the City its I-1, --Ibl, thereto,
i—libli, f,—.
34. —i.q — and —.: This ft—1,b agreement
shall
IC I --d by the laws of the St— of Florida. franchise
.d IIIlegal
action --ly t. enforce the A9,11— will be held in Seminole
-dim;02-1624
11
County and the Agreement will be interpreted according to the laws
of eloriaa.
35. a ngj. The headings of the sections of this franchise
e for pu poses of c enience only and shall not be deemed to
expand or limit the provisions contained in such sections.
36, anty of Franchisee. The Franchisee represents and
wrralts
unto the City that n officer, employee, o agent of the
City has any est, either directly indirectly, in the
business Of Franchisee to be conducted hereunder.
37. Amendment. The City re s the right to a end this
ordinance i any mn sazyforvthe health, safety, welfare
of the public or tocomply with laws, statutes, regulations It
r-local agreements, and the City r s the right, r n the
public interest from time to t to prescribe r nablerules
and regulations governing Franchisee's operations hereunder.
3B. Fublie cEnti[ CNo Franchisee or Contractor may be
person affiliate identif ied on the Department of General
Services icted endor" list.This list defined
i It
i ng of vpe rsons o affiliates who a e disqualified from
public contracting antl purchasing process because they have been
found guilty of a public entity c The F nchisee i required
t0 comply with Florida statutes section 281.133a as amended, or its
SECTION TWO: Separability: The provisions of this ordinance
e declared to be separable and if any section, sentence, clause
z phrase of this ordinance 1"11 for any r n be heltl to be
valid o nstitutional, such decision shall not affect the
validity of the r mai,i,g sections, sentences, clauses and phrases
If
this ordinance but they shall r effect, it being the
legislative intent that this ordinan I —ll stand notwithstanding
the invalidity of any pa it.
��: ��nb� 1�„uz�z
c :., C�ebv'_�,
The foxegoing City of Longwood ordinance No. 02-1624 and the
franchise provided f r therein and all the texms and conditions
thereof a hereby cepted, a proved and agreed to this
day of r/Yo %v"1lih� 2a_i.
FRANCHISEE:
Company N ;R/ ppub/liyc S-it.. of Florida, Lxmiced
earcnexahip / V "`I 7 �)
ey: lX—
signacure of ow„ r or nwtnorizea Agenc
Print Name: /C "V-/w W�/(�