Ordinance 02-1625AN ORDINANCE OF THE CITY OF LONGE000,
PROVIDING FOR THE GRANTING OF
A -
E%CLUSIVE FRANCHISE TO EAST£ MANAGEMENTINC.
OF FECRIDA F E COLLECTION O OMMERCIAL
OLID EASTE, TO IMPOSE CERTAIN TERMS,
NDITIONS AND REQUIREMENTS RELATING THERETO;
PROVIDING SEVERABILITY, CONFLICTS AND AN
EFFECTIVE DATE.
HE IT ENACTED BY THE CITY OF LONGN00D, FLORIDA AS FOLLOWS:
SECTION ONE: There is hereby granted to:
herein called the "7ranchisee"1, its o s and a signs, a NOn-
x.lusive Right, Privilege o .chile stor collect solid waste
materi al.s from ial establishments within the City of
o.gwood, E r .oleCounty, Florida, during the terns and subject to
the fo l lowinglimitations and conditions as hereinafter set forth.
I. Definitions.
a. "City" shall mean the city of Longwood, Florida, a
municipal corporation.
b. "Itanchisee" shall m n the lndivitlua 1, partnership
.......
o rporation who/which agrees, as hereinafter provided to perform
thework or se rvrce, or to furnish materials or equipment, or both
I. "Recovered m ials" baa.a metal, paper, glass,
plastic, textile, rubber materials that have known recycling
potential, n be feasibly recyclad, a.tl have been diverted and
source separated or have been re —d from the solid waste stream
rals require subs eq... t pr..—.g o separation from each
other, but does not inclutle materials destined for any u e that
nstI_u disposal. Recovered materlals as described abc— are
not 501id waste.
d. "Solid waste m nagement" shall m n the process by
which solid w collected, transported, stored, separated,
processed, ra disposed of r any other way, Ording tc a
orderly, purposeful, antl planned program which includes closure antl
lc.g-term maa nt enance.
"Solid waste m nagement facility" shall m solid
rite disposal a —lumeareduction plant, transfera stati on,
matezi als r ery facility, o other facility, designated by the
City, the purpose of which i ery or the disposal,
recycling, processing, or storage oof cs "lid
owaste. The term does
the requirements of Fs s 403.')046(4) r.drpt the portion of
facilities, if any, that rs used for the management of jar.
f. "Solid waste" shall m sludge u regulated under
the federal clean water act o clean a act, sludge from a rite
oikl, supply treatment plant, i pollution
ontroln facility,w nclutles garbage, rabbi sh, o refuse, special
..to,
other discarded material, ncluding solid, liquid,
solid, of contained gaseous material r salting from domestic,
indus[zial, ing, agri cultuzal, govez -tal
onerations. Recovered mate ials as defined in Fs" 403.]03 f]1 are
g. "Commercial establishment" property
properties z ned o sed for c rcial o industrial u used
by a entity ewempt firm to ation under s 501 (c )s(3) of the
Internal Re venue lyde, and excludes property or properties z ned o
used for single-family r sidential o multifamily r sidential u
h. "Construction and demolition debris"e.—materials
generally c .idered to be not water soluble and n ..dous i
nature, ncluding, but not limited to, steel oglass, brick,
rete,r asphalt roofing material, pipe, gypsum wallboard, and
lumber, from the c action or destruction of a st ructuxI as part
of nstructl on -of demolition project, and ncluding ocks,
oils,c tree mains, trees, and other vegetative matter [which
molly r sal is from land clearing or land development operations
for a nstruction prrj eit .including such debris from c nstruction
If
structures at a site r mote from the do-
or demolition
project site. Mixing of c nstruction and demolition debris with
other types of solid waste including material from a nstruction
of demo lit i.on site which r not from the actual c nstruction o
destruction of a structure, will c o be classified as other
than construction and demolition debris= t
ontaine r" shall m any portable, rt rtabsorbent
—Closed container with a close fitting c r doors, approved
by the Health Department and the CitY. which ei ed to s e large
+olum of refuse. It must be capabid of being maid by
mechanical egu ipment.
j. "Special Waste" m solid w that c ,,d ire
special handling and m nagemen U11d lud, 1 but not Sfmited to,
white goods, as to tires, sed oil, lead -acid batteries,
action and demolition debrls, ash residue, yard trash, and
biological wastes.
ei omedical waste means any solid waste or liquid
ncludes, but i not limited to, --liquid human tissue and body
parts; laboratory and veterinary wt which contain
osahuman-disease-
ing agents; discarded dispblesharps; human blood, and human
blood products and body fluids; and other materials which in the
opinion of the department of Health and Rehabilitative Services
represent a significant risk of infection to persons o side the
generating facility. The term does not include human r morns Chat
are disposed of by persons licensed under chapter 4]O.a
I, medical w e generator" facility o
person that protluces generates biomedical a The
ncludes, but r '--generates
to, hasp i[al s, skilled n ing eo
valescent hospitals, intermediate facilities, uclinicsc
dialysis clinics, dental offices, healthtmaintenance organizations,
urgical clinics, medical buildings, physicians' offices,
laboratories, veterinary clinics, and funeral homes.
"Biological waste" m ssolid waste Chat c
has the pability of c ing disease o infection and includes = ca
but i not limited to, biomedical waste,. diseased or dead a mals,
and other wastes capablum
e of t mitting pathogens to humans o
mals. The term does not include han remains that are disposed
ofiby persons licensed under Chapter 470.
n
Mate r errr als y facility" m "lid waste
nagementfa cility that provides for the extraction from solid
as to of recyclable materials, materials suitable for u s a fuel
of soil ...
it
any combination of such materials.a
"Recovered m ials processing facility" m
facility engaged solely rna the storage, processing, salensit
of --rod
rod materials. Such a facility i not a solid waste
n.gementfacili ty if it meets the conditions of FS s.
403.7045(1) If).
p. "Ash Residue " has the s ing as the term i
defined i the department rule on solid waste combustors which
defines such C
q. e Pelletized paper waste" m s pellets produced
xclusi-ly from discarded paper which ice derived from a solid
rite m nagement facility o retl materials processing
facility and which r sh,bddbd, extruded, formulated into
ompact pellets of v s for the u supplemental fuel
n permitted boilers =others than caste-tosenergy facilities. The
of such pellets a supplemental fuel in permitted boilers
other than rite -to -energy facilities may be sed by local
governments a _di- t and the goals for reduction of —lid
waste pursuant to FS s. 903.]06 (4)(a).
The teem nc of this frahise shall terminate
ptember 30, r0'1 following the effective date hereof provitledn
however, the City or Ecanch isee may C note this N - lusi
mm Coercial t is e, with e without c by a thi�excty(3o) day
written n.ticat
e sent by Certified U.S. made
3. 2-1—p vidad bye nchi,ee:
Franchisee(,) shall p—id, Commercial Solid Waste
Collections Si ces in the City of Longwood, which shall be a
z,,ative right to the Franchisee(,). The Contractor shall be
e sponsible for billing and collection of Commercial Solid Waste
Collection —vices and disposal costs.
a. unaathori:eseroipe
othet r person o entity e cept the Franck is s)
may offer ox provide Commercial Solid Waste Collection Service i
the City of Longwootl. No c eial establishment within the City
shall utilize the s of a coil ectox not holding a franchise
from the City. Violations o£ this section shall be enforced by [he
City by legal action seeking injunctive relief and damages.
b. Minimum Sexvi ce: The nchisee shall make
collections at all c ial es tablistsubject to the terms
of this ordinance and at sufficient intervalsh—.1l nces sary to perform
adequate services and to protect the tour—lat.
5.Franchi.. p ee A fof fifty dollars
ISSo.0. shall be Charged fornach franchise application to cover
associated administrative —ht-
Hours. Collections shall be made between 1:00 a m. and
7:00 p.m. unless different times are approved by the City.
7. 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 the
container during the process.
0. and Lo of npprovad Containers. Containers used
for collection of solid waste from commercial establishments shall
Ordinance 0 --h
Page 4
be standard m .—ot o.
Isi—P equipment,
lip ltit. Containers shall Is, placed It 1—tilt, "'dily Ilibl, to franchisee's personnel. Containers shall be
locatedsp_ " I It, P-unless 1the so of
public property is approved
by the
I I"tl— If this section shall I b—bb
1- default
of this
`—his.. The type
of container used,
, I, the location thereof, may vary from the
p--s'. of this section if approved in writing by the City I
Losos—d.
materials shall b, i� Itsist -- with all fIdss.1, state,
andd local 11— and 1,9111til—ssaid materials shall be stored andplaced. . I " approved
PA ... d by theIppappropriateg,t,y,
i.
regulatory
i.e., --I� ... etc., and. the City If Longwood.
10. Collection Equipment.
RI Franchisee shall provide I. IdIq.ItI .— of
vehicles —1— They shall b, kept - I,
i, I—ity conditiongood repair, appearance, and It Ill ti
—1, shall I_ 1 , ,isiblo the and ph... .—I,
of the F—oh— I_"'_I"soth_twelve iss—
s(s12'—) in height I. the and each side.
b"'s,hi,— shall stify to the City p.. the
—� of each (5)-y— fx...his, the description and
q—h-tity-ofvehicles Md equipment hand and ..Ilbl, for
sog.1- collection backup i. the —It f any
breakdowns.
Il- Office. The Franchisee shall establish and sIi.tsi. a
local Ili,, — —oh other facilities through which it .. b: __" t"holo _— ssi applied
PPII I to,, and complaints _I b
.,d,. It shall hI ippsd with I telephones, shall h ...
(I) 'Iss-11slo person iI oha,,I during
hours
and
shall to openduring — hours.
12. Hauling. All solid III- hauled by the Fls-hi— shall
be so con-11d, or
oIol—d thst looking, spilling It blowing ...
prevented.Intho --t If any spillage, leaking, or
of
I— —sl, the Franchisee shall immediately clean, the
waste.
13. Disposal. All solid waste for disposal shall be hauled
to FDEA approved sites or facilities legally approved to a cept it
for t[eatment or disposal and designated a approvetl s e by the
City. All r red materials must be processed at a certified
recovered mated 15 processing facility.
11. CTaxges antl Rate.. All charges and rates for the
ial collection of garbage shall be set by the Franchisee i
negotiation ith the ial establishment requiring the
service. Rates and Chargesmshall not be set by the City.
15. ve ue
Compensation and P ent.
a
For the privilege of collecting solid waste from
i alestab115hments within the City, ing a franchise
fromethe City and for the un of the City streets, the franchised
collector shall pay to theCity, a equal to twenty percent
gross (20%) of the from all related the
Franchisee's operations the City, including fee charges,
entel of equipment, and funds paid o side the City for hauling
materials from the City. Payment to the City shall be made four
(9) times per year, I. March 15, June 15, September 15, and
December 15, fox three (3) full onths mmedietely preceding
payment, -cep first payment it the first period ie less than
three months, ' which C e payment shall be prorated. Payment
shall be directed to the City Finance Division. Such fees shall
not include fees generated from the collection of recovered
b. Franchisee, further ....
on .id...tiof the
franchise, shall make its financial r bids a ailable to the City
ib oidance with procedures established from time to time by the
City. The fees paid pursuant to this Section shall not be added a
IT
arate item on the customer's collection bills, but rather
shall be considered as an operational expense.
16. Reports. Along with the quarterly r mittance of the
franchise fee, the Franchisee shall provide the City with e report.
Said report sha11 be in a hard copy form. The report shall include
uch information ee the City may [ nobly require I. s proper refuse ...Ile, to all commercial establishments withinthe
(17 s Business Name
(21 Customer's Business Add[ess
(3) Customer's Telephone Number
Ordinance 02-1625
Page 6
IQ) ar (sl Number (sl
(5) Container (s) Capacity
I6) Compactor(s)
1]) Pick-up Schedule for Containers and Compactors
18) Numbei of Pick-ups for all Containers antl Compactors
(9) Franchisee Fee
17. Notification. The F nchisee shall notify all customers
about regulations and days of collection.
3£. Franchisee Personnel.
The Franchisee shall a sign a qualified person o
persons to be rn charge of his operations rn the City antl shall
b. Franchisee's collection etq, lyees shall wear a clean
uniform bearing the company's n
ach employee shall, at all times, c rry a valid
operator'sclicens e for the type of vehicle he is drivinq,
d. The City may request the dismissal orappropriate
discipline of any employee of the Franchisee who violates any
I. nchisee shall provide operating and safety
training for alle personnel and shall certify same to the City
f. TFranchishall omply with the Equal
Employment Oppohe see rtunity Program, the Fair Labor Standards Act antl
III . other applicable Federal and state statutes pertaining to E'a it
Employment practices.
19. --his" £ ant.
a
All tru<ks� other vehicles operated by the
nchiseein the City shall be subject to, antl shall immediately
submit to spot, on the road inspections by the City o agent
and if found to be u safe, aid vehicle shall be .tdiately
ved from service until it can be repaired and is successfully
xe-inspected.
b. The u of vehicles failing to meet s tt—dI If
inspections may be grounds for c cellat ion of the franchise by the
City Commission, if found after nnoti ce to the F nchisee and an
opportunity to be heard, [o be flagrant or repeated in nature.
20. Cvm,liance within taus. The right is hereby r ved for
the City to adopt, in
addition to the provisions herein contained
and e isting applicable ordinances, such adtlitional regulations a
it shall find n ary an the e of the police powers
provided that such regulations by ordinance o otherwise shall be
nable and not in conflict with the intended purpose of this
ordinance. This shall include requiring the F nchisee to dispose
and deliver solid w e to a designated facility. The Franchisee
shall conduct operations under this ordinance I. o li ance with
all applicable laws and inter -local agreements between the City and
Seminole County for solid w nagement and its failure to
omply shall —tit— a default hereunder. This franchise shall
t be c Iltllld to repeal o an
i y e isting ordinance and to
the extent that any provi sionro fthis £ranchise i istent
with any e isting ordinance, then such existing ordinance shall
prevail and control.
21. Payment bond. The Franchisee shall furnish to the City a
Payment Bond e cuted by a rety licensed and authorized to do
business i the State of elorido in the am unt of $100,000.00
ing the faithful payment and performance of the terms of this
ordin and e cuted by a rety company. S,id Payment Bond i
unt deemed by the City and the Franchisee to be r nable
en andan ary to able the City to e nall franchise ,fees due
and payable hereunder and paid as andwhen due.
22. Liability. The privileges herein g--d a upon the
express ---bo
that the Franchisee shall be liable for all
damages or ltjury to persons or property c red by its neglect o
nagement, or by the actions of any of its employees while
engaged in the operations herein authorized, or for any actions o
proceedings brought a su It of the o aid of this franchise to
Franchisee, to specifically include butw not be limited to Anti-
trust actions or pro ,,dings. The F nchisee shall be responsible
and liable for any and all damages rto personal o Pal property,
whether owned by the City, private individuals o other business
entities. Said damages shall include, but not be limited s to
damages to City rights -of -ways, curbing, signs, roadways and other
property. Should the City of Longwood be sued therefor, the
nchisee shall be notified of such suit, and thereupon it shall
beai s duty to defend the suit o t the City's option to pay the
legal fees of the City's attorneyto defend the suit and should
judgment go against the City i any such , c ra , Fnchisee shall
forthwith pay the s The Fsnchisee shallindemnify and bove
harmless the City, sits agents officers and employee rom fany
judgments recovered by anyone for personal injury,s death or
Ordinance 02-1625
Page B
property damage sustained by reason of any of the Franchisee's
proceedings brought a result of the a and of this franchise t
nchisee, t specifically include but not limited to Anti-trust
actions or proceedings, and shall pay all expenses, including costs
and at torney's fees, in defending against any such claim made
against the City be
any of- tM1e Cit y's agents, officers
employees. Franchisee further agree to purchase comprehensive
public liability and property damage i n the. am ant of
15, C00, 000 per a eident, eslat o i
rng the City a 1.
additional i red to the extent If itsrightsagainst Franchisee
ariaiI9 byvirtue of this section, 'he r e policy will
provide that Che City shall be given thirty u(30) days written
notice prior is lare.11.tih. o modification. A copy of alltl
pol.1 cy be i a shall be filed with the City Clerk on or before
the effecties dataof this franchise.
procure from all governmental authorities having jurisdiction o
the operations of the e nchisee, including the city, all licewesr
e rtifi Cates, permits o .other authorization which may be n ary
for the conduct of its roper. tions. The Franchisee shall baysalI
taxes, licenses, er[ificat ion, permit and e nation fees and
which may be a std, levied, e acted aor imposed o its
property, o its operations, o s gross r eipts, and up.h this
franchise antl the rights and privileges granted herein, and shall
make all applications, reports and returns required in connection
11.
anorker's ComPe sation. The Franchise shall c rry, with
ompany authorised to transact business inathe State
If Florida,e a policy that fulfills all the requirements of the
orker's Compensation Act of said State, including all legal
requirements for occupational tliseas es.
25. Assigmnent. No si gimient of franchise any right
theing tler this ordinance shall be made f whole o n part by
F nchiansee without the express written c ent of the City and
the customer; in the e ent of any as Ii-ht, the asgnee siand the
assignor shall both be liable uhderthe Franchise.
The rnchisee shall keep .rds of as tes
collected and charges therefor, and the City shall have the right
Ordinance 02-1625
page 9
to r w those reords which i way
y pertain to the payments
due it ra well as the billing of all customers by the Franchisee.
If disposal facilities a operated by the City, ords of
incoming wastes shall be m ned by the City. The rF nchisee
will be responsible for the monthly billing of the customer.
b. nchisee shall furnish the City Finance —ision
with a "I audit, due on November 15 of each calendar year, for
the se year I, or portion thereof ending the previous
30thSeptember
.e Said audit shall be prepared by a independent Certified
public a untant complete with Creditor's opinion which opinion
shall be csubject to a ceptance o rej ection by the City. The audit
shall reflect the a acy and completeness of the information
provided the City by cthe F nchisee including detailed data and
computation Concerning the franchise fee.
21. kbbl— Fr o soly®ncy. if the anchisee
sobecomes
lvent andi any e ent if the e nchisee es fila petition of
voluntary o voluntary bankruptcy, then this franchise shall
terminate iI II ent later than the date of filing of the
bankruptcy petiti_
28. Default.
The failure on the part of the Franchisee [o comply
any substantial respect with any of [he provisions of this
ordinance shall be grountls for a forfeiture of this franchise, but
ucure h forfeitshall Cake effect until Che City has s d up veon
then c.Franchisee written notice of default, which notice shall set
forth the nature antl extent thereof. If a default c n be
ectetl, the Franchisee shall have thirty (30) days £..lowing the
notice of default to c ect the s If the Franchisee protests
the r nobleness or •propriety ofm the City's declaration, said
protest shall be s ved upon the City i riling within ten (30)
days following r tipt by the Franchisee ofwthe City', notice. The
protest shall bee schedul ed before the Longwood City Commission at
the next a ailable Commission meeting.
b. If the City Commission, after hearing the protest
upholds the •
r nobless or enpropriety of the City' s. declaration
of default, thenthe e nchisee, within thirty (30) 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 %i£oxmanca. The failure of the City at
any time to require performance by the Franchisee of any provisions
hereof sha11 i way affect the right of the City thereafter to
enforce same. nb.t shall war r by the City of any breach of any
It—. 02-1625
Page 30
p [.visions I,-- b, taken or held I. be a -- f any
11,1119
breach th tf ... provision waiver pl—i,i-
3 independent--t.t. It i� hereby understood .d
__o�h,t the Franchisee is an independent contractor and not an
't of the city.
31. Modification. This franchise c..s tit—, the —i-
........ 1 —6 understanding bpasties h ... to, and it
shall not
be
l0"id—d modified, altered, changed 11 =ended i�
any respect -i.— i citing and -_,i by the P-1— hereto, antl
adopted as an amending franchise
— Notice. i for ..y P—P-1 i,, this
l b� and shall ddl--d d t by certified United 111 il to the
City
i ty ..d the F11,11,11— as follows:
CITY:
City ""k lity .1 1-1-
1 5 W. W.1111 Avenue
L-9111d, Florida 32—
FRANCHISEE: Mr. T m Stuart
3510 M. 'il' Avenue
Orlando, Ft 1B o5 Phone:407/ 843 7370
Remedies33. -MM. .2. a provided i� this 1—il 11hl deemeddd umulative and
additionaland not
in lieu
i_ , ., xclus
i— of each other f any
other 11—dy a ailable to theCity at I- o equity. r It the _2 the lily shall prevail - any ,hereunder,hereuhereunder,il y action .,i ihereunder,
Fl—th I .. ....l
pay to the city its C—t, thereto,
i.li.di., attorney', f"'.
34. This _j by the 1— f the State of
Florida.
id y and all 1
shall
b. governed
olegalactionnecessary t. enforce the ill be held in 1-1ltlt
-d.—: 02-1625
I,, ,
unty and the Agreement will be interpreted according to the laws
of F1 orlde.
35. eat. The headings of the sections of this franchise
or e fpu poses of c only d shall not be deemed to
expand or limit the provisionsCe,ontained anin such sections.
36. antY of Franchisee. The Franchisee represents and
Ciants unto the City that n officer, employee, o agent of [he
ty has any interest, either directly o indirectly, an the
business of Franchisee to be conducted hereunder.
37. Amendment. The City r s the right to amend this
n
.'dine s
any m lly ea 11, the hlth, safety, welfare
of thepublic or ton comply with laws, statutes, regulations o
lht"-l
agreements, and the City r s the right, the
public interest fzom time to time, to prescribe r nablea rules
and iegula[ions governing Franchisee's operations hereunder.
38. public entity erimee: nchisee or Contractor may be
a person o affiliate identified one the Department of c ral
Services ictetl end—' list. This list defined
i sting cof Vpersons o affiliates who a e disqualified from
public c acting and purchasing process because they have been
found gu Iity of a public entity c The F nchisee i required
to comply with Florida statutes Section 287.133, as amended, or its
SECTION TW Sepatabili tY: The provisions of this ordinance
e dec is red t obe separable and if any section, sentence, clause
r phrase of this ordinance shall for any r n be held to be
valid o ns ti tutional, uch decision shall not affect the
validity of the z ilg sections, clauses and phrases
of this ordinance but they shall r sef feet, it being the
legislative intent that this ordi.on— -hall stand notwithstanding
the invalidity of any part.
-,—d 1. thl,
Xihvbuj i
—CHIS—
If Fl--
Authorized �t