Ordinance 02-1626AN ORDINANCE OF THE CITY OF bONGHOOD,
FiGRIDA, PROVIDING FOR THE GRANTING OF A NON-
E%CLUSIVE FRANCHISE TO WASTE PRO OF
LORIDA, INC. FOR THE CGLITECTION OF CC—GG AL
SOLID WASTE, TO IMPOSE CERTAIN TERMS,
CONDITIONS AND REQUIREMENTS FE ING THERETO;
PROVIDING SE--, CONFLICTS AND AN
EFFECTIVE DATE.
BE IT ENACTED BY THE CITY OF LONCHOOD, FLORIDA AS FOLLONS:
SECTION ONE: There is hereby granted to:
herein tailed the " nchisee"), its s r a s and igns, a Non-
xclusive Right, Privilege o rt<hise stocollect solid waste
i als from sal establishments within the City of
Longwood, Seminole County, Florida, during the term and subject t
the following limitations and conditions as hereinafter set forth.
'C ons.
"City" shall mean the City of Longwood, Florida, a
b. "Franchisee" shall m n the individual, partnership
orpoxation who/which agrees, as hereinafter provided to perforce
the<work o r to £urns equ =_h materials or ipment, or both
as set forthsinVthis Franchise.
retl materials" tal, paper glass,
plastic, text'l e, rubber m ials that have known recycling
potential, can be feasibly recycled, and have been divested and
materials require subsequent processing o separation from each
other, but does not include materials destined for any u e that
constitutes disposal. Recove—d materials as described above are
d. "Solid waste m nagement" shall m n the process by
which Solid waste collected, transported, stored, separated,
processed, disposed of any other way, ortling t.
orderly, purposeful, and planned program which includes closure and
long-term maintenance.
"Solid waste management facility'• ahall m solid
rite disposal a e volume reduction plant, transfera s t,ti"'
materials r eryfacility, o other £acility, tlesi gnated by the
City, the purpose of which i ery or the disposal,
ecycling, processing, o sterage oof c—lid owaste. The term does
not include 1—led. materials -processing facilities which meet
the requirementsVeof F6 403.7046(4) cept the portion of
facili ti es, if any, that6 is used for the m nagement of (are
managing sic.) solid waste.
f. "Solid waste" hall leel sludge u regulated under
the federal clean water act o clean air act,., sludge from a rite
treatment works, water supply treatment plant, o air pollution
ontrol facility, o nclutles garbage, rubbish, refuse, special
rite, other discarded material, .chiding solid, liquid,
indusolid, of contained gaseous materia lir suiting from domestic,
strial, ied ing,. agricu iturat goer— rtal
operations. Rerovered materials as defined ie FS s 403.703M are
not solid waste.
g. "Commercial establishment" I property or
properties c ned o-le for c ial or industrial u let, or sed
by a entity e empt from to ation under s 5ol(c)(3) of uthe
Internal Revr— Code, and excludes property or properties x nad o
used for single-family residential It multifemily residential u
h. "Construction and demolition debris" materials
I
enerally c sidered to be not water soluble and n ne hazardous i
nature, ncluding, but not limited to, steel oglass, brick,
rete,i asphalt roofing material, pipe, gypsum wallboard, and
lumber, from the c nstruction or destruction of a structure as part
If
a co nstruction of demolition project, and including rocks,
oils, aand
other vegetative matter which
—ally r aults Itland clearing or land development operations
for a uction project including such debris from construction
It st ru�[ures at a r
i
t
e r mote from the c nstruction or demolition
project site. ing of c nstruction and demolition debris with
other types of -lid waste including material from a nstruction
of demolition site which i not from the actual c nstruction o
destruction of a structure, will c it to be classified as other
than construction and demolition debris.
"Container" shall —a. ny portable, n nabsorbent
nlllaed 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
mechanical equipment.
j. "Special waste" m solid wastes that c require
special handling and —nag—lb, including, but not limited to,
white goods, tires, sed oil, lead -acid batteries,
binstruction and demolition debris, ash residue, yard crash, and
ological wastes.
Ordtnance 02-1626
edge 2
k. "Biomeaica1 waste" m any solid w c liquid
which may present a threat ofeinfection to humanse oThe term
ncludes, but is not limited t 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 fluids; and other materials which in the
opinion of the department of Health and Rehabilitative Services
represent u significant risk of infection to persons outside the
generating facility. The term does not include human r mains that
I— disposed of by persons licensed under chapter 4 .
1. "Biomedical waste generator" a facility o
person that produces or generates biomedical w The term
ncludes, but not limited to, hospitals, skilled n ing o
val es cent hospitals, intermediate £acilities,u cl inks'
dialysis clinics, dental offices, healthcm intenance organizations,
u.gical clinics, medical buildings' physicians' offices,
laboratories, veterinary clinics, and funeral homes.
"Biological w solid waste that c
has the capability of c ing disease so infection and includes=
but i not limited to, biomedical waste, =diseased or dead animals,
and then w capable of transmitting pathogens to him:ans o
coals. Thus term does not include human remains that are disposed
ofrby persons lun icensed der Chapter 470.
"Materials r cry facility" m solid waste
-nagementn facility that provides for the extraction from solid
a
If
recyclable materials, materials suitable for u s
a a fuel
mor an of s oil aendment, y combination o£ such materi sls.
facility engaged solely in the storage, processing, sale,
uulof r retl materials. Such a facility i not a solid w
management cfacility if it meets the conditions of FS ass.
p. "Ash Residue " s has the ing as the term i
defined in the department rule on solid waste combustors which
defines such term.
q. "Pelletized paper waste" a pellets produced
xclusively from discarded paper which isderived from a solid
asts m nagement facility o eIs materials processing
facility and which r shredded, r extruded, r formulated into
ompact pellets of v or
s c fthe u suppi emental fuel
is permitted boilers otherthan waste-tosenergy facilities. The
usc of such pellets a supplemental fuel in permitted boilers
other than as to -to -energy facilities may be sed by local
governments a =edits toward the goals for reduction of solid
waste pursuant to FS s. 403., 06(4� B).
The term of this franchise shall terminate o
e......r 30, City
following the effective date hereof provided,
however, the City or Franchisee may terminate [his Non-exclusive
Commercial Franchise, with o without c by a thirty (30) day
wci tten notice sent by Certified U.S. made
3. Services P vided by Franchisee:
Franchisee (sl shall provide Commercial Solid Waste
......
tiona Services rn the City of Longwood, which shall be a
xc -1— right to the Franchisee(.). The Contractor shall be
esponsiblb for billing and collection of Commercial Solid Waste
Collection services and disposal costs.
0, uthor' zed Service
No other person o entity e Cept the Franchisee(.)
may offer or provide Commercial Solid Waste Collection Service i
the City of Longwood. No c cial establishment within the City
shall utilize the s of ea collec[or not holding a franchise
from the City. iolations of this section shall be enforced by the
City by legal a eeking injunctive relief and damages.
u b. Minimm Service: The nchisee shall make
collections at all c ial e s tablishmentsa subj ect to the terms
of this ordinance and at sufficient intervals n -iy to perform
atlequate services and to protect the envi roxuaertt es
5. Franchise Proce A fee if fifty dollars
(550.00) shall be charged forn each franchise application to cover
associated administrative costs.
6.HoUrs. Collections shall be made between 7:00 .... and
7;00 p.m, unless different times are approved by the City.
1, Litter. The Franchisee shall not litter premises in the
process of making collections and .hall promptly pick up all
papers, i11 debris that may be scattered about the
eontairteem d
uc ing the process.
S, and Location of Approved Containers. Containers used
for collection of solid w e from c ial establishments shall
be standard manufacturetl •type mecha.ic lly served contains rs,
Ordinance 02-1626
Page .
ompatible with the private rcial collector's ing
equipment. containers sha11 bem placed at catiI- eadily
Bible to franchisee's personnel.. Containers shall be located
uponspr ivate _property unless the u of public property i appzoved
by the city. Violations of this s shall c nst irate a breach
and default of this N xclusive Commercial Franchise. The type
of container used, on the location thereof, may vary from the
provisions of this section if approved in writing by the City o£
Longwood.
Hazardous Matarvala. Collection of special and hazardous
and Local laws and regulations. Said materials shall be stored and
placed i a approved by the appropriate regulatory agency,
—R,U.S. UP., etc., and the City of Longwood.
I.
The Franchisee shall provide a adequate number of
vehicles i zegul ar collection___
ollection s They shall be kept i
good repair appearance, and i -111"y condition at all timesn
Each vehicle shall have cleanly v Bible the n and phone number
of the Franchisee and vehicle number no[ less mthan twelve inches
(1A in height on the r antl each side.
b. Franchisees shall ertify to the City upon the
If
each five (5)-year franchise the description and
quantit ym of vehicles and equipment on hand and a ailable for
regular collection services and backup rn the event of any
11. Office. The Franchisee shall establish and m intain a
local offic a
uch other facilities through which it c n be
ontacted, where s emay be applied for, and c mnlaints c n be
made, It shall beequipped with sufficient telephones, shallhave
e (1( responsible person i charge during collection hours and
shall be open during collection hours.
12. Hauling. M1 solid waste hauled by the Franchisee shall
be s ontained, o nclosed that leaking, spilling or blowing III
prevented. In the v
e et of any spillage, leaking, or blowing of
materials from truck,then
Franchisee shall immediately clean up the
Ordinance 02-1626
Page 5
13. Disposal. All solid waste fox disposal shall be hauled
to FDBR approved sites or facilities legally approved to a cept i
for treatment or disposal and designated e approved site by the
City. All r red materials must be processed it a certified
recovered materials processing facility.
11, Chargae and Rates. All charges and rates for the
collection of garbage shall be set by the Franchisee i
on negotiatiwith the ial establishment requiring the
service. Rates and charg,,Mshall not be set by the City.
15. Compensation and Payment.
For the privilege of so
ecollecting lid waste from
iela establishments within the City, ..... ing a franchise
fromthC City n and for the u o£ the City streets, the franchised
collector shall pay to theCity, a equal to twenty percent
(20R) of the gross V erom from--
alt related to the
franchisee's ope rations in the City, -hiding fees, charges,
ental of equipmrations—
and funds paid outside the City for hauling
materials from the City. Payment to the City shall be made four
s (1) er pyear, he March 15, June 15, September 15, and
Decembe ze 15, for three (3) full months immediately preceding
payment, e Cept the first payment if the first period ie less than
three months, i 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. o
Fsee, ranchifurther era sidtion of the
franchise, shall make its financial x ords a ailable to the City
ie dance with procedures established from time to time by the
City. eorThe fees 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, the Franchisee shall provide the City with e report.
Said report shall be i a hard copy form. The report shall include
—eh information as the City may .....
onably require s s to e
proper refuse s e to all c ial establishments within sthe
City and I. eehisee s compliance with the t and
conditions ors thisereportFra—h eeport shall contain ee a minimum.
(11 Customer's B.siness Nide
(21 Customer's B s Address
(31 Customer's Telephone Number
Ordinance 02-1626
Page 6
(4) Container(s) Number (1)
(5) Container(a) Capacity
(6) Compactoxls)
("1) Pick-up Schedule for Containers and Compactors
(8) Number of Pick-ups fox all Containers and Compactors
(9) Franchisee Fee
17. Notification. The Franchisee sha11 notify all customers
about regulations and days of collection.
18. Franchisee Personnel.
persons toa be The F nchiaee shall a sign a qualified person o
i charge of his operations in the City and shall.
give the n o the City,
b.a o"anchisee's collection employees shall wear a clean
uniform bearing the company's n
Each employee shall, at all times, C rry a valid
operatoons clicense for the type of vehicle he is driving.
d. The City may request the dismissal o appropriate
discipline of any employee of the Franchisee who rviolates any
o o is w n antnegligent, or discourteous in
the Vhereof wh
erpformance of rhia duties.on,
The F nchisee shall provid, operating and safety
training Foi all personnel and shall certify same to the City
annually upon i wal of this Franchise.
f. The anchisee shall comply with the Equal
Emp to ymertt Opportunity Program, the Fair Labor Standards Act and
all other applicable Federal and State Statutes pertaining to Fair
Employment practices.
19. Franchisee Equipment.
All trucks o other vehicles operated by the
Franchisees in the City shall be subject to, and shall immediately
submit to spot, an the road inspections by the City o its agent
and if found to be u safe, aid vehicle shall be immediately
vetl from service until it can be repaired and is successfully
re-lnspected.
b. The u of vehicles failing to m standards after
nspectiens may be grounds for c collation of thetfranchise by the
City Commission, if found after nnotice to the Franchisee and an
opportunity to be heard, to be flagrant or repeated in nature.
20. Ca liance within Laws. The right is hereby r ved for
the City to adopt, il addition to the provisions herein contained
and e isting applicable ordinances, such additional regulations a
it shall £ind --ally 1n the e of the police powers
provided that such a egulat ions by ordinance o otherwise shall be
read noble and not i on£lict with the intended purpose of this
ordinance. This shalj
. include requiring the Franchisee to dispose
and deliver solid waste to a designated facility. The Franchisee
shall conduct operations under this ordinance i ompliance with
all applicable laws and inter -local agreements between the City and
Seminole County for solid waste m nagement and its failure is
omply shall c nstitute a default hereunder. This Franchise shall
T be c nstrusd to repeal or
rl any e isting ordinance and t
the extent that any provision ofthis franchise i istent
with any e isting ordinance, Chen such existing ordinance shall
prevail and control.
21. yment Bond. The Franchisee shall furnish to the City a
ym Paent Bond ected by a surety licensed and authorised to do
business in the St ate of Fiorida to the a ant of $100,000.00
in—iog the faithful payment antl performance of the terms of this
ordinance and e cuted by a rely company. SIid Payment Band i
aunf. deemed by the City antl the Franchisee to be r.da
.able
aid n ary to enable the City to e all franchise fees due
III payable hereunder and paid as ands when due.
22. Liability. The privileges herein grad a upon the
express Condi do s that the Franchisee shall be liable for all
damages o injury to persons or property Caused by its neglect o
nagement, or by the actions of any of its employees while
engaged iu the operations herein authorized, or for any actions o
proceedings brought aI I I —It of the aWand of this franchise to
o
nchisee, t specifically include but not be limited to Mti-
trust actions .1 proceedings. The F nchisee shall be responsible
and liable for any and all damages rto personal o eal property,
whether o ned by the City, private individuals o other business
enti ti es.w Said damages shall include, but not be limited to
damages to City rights -of -ways, curbing, signs, roadways old other
property. Should the City of Longwood be sued therefor, the
Franchisee shall be notified of such suit, a.d thereupon it shall
be its duty to defend the suit o at the Ci ty's option to pay the
legal fees of the City's attorney to defend the s and should
judgment go against the City in
any such rose, Franchisee shall
forthwith pay the s The Franchisee shallindemnify and s
harmless the City, ants agents, officers and employees from any
judgments recovered by anyone for personal injury,death or
Ordinance 02-1626
Page B
property tlamage s netl by r of any of the Franchisee's
vities pe rmitteda by this franchise for any actions
proceedings brought a salt of the a and of this franchise t
Fx anchis ee, to specifically include but not limited to Anti-trust
actions or proceedings, and shall pay all expenses, including c
and a rtey's fees, n defendiog against any such claim made
against othe City any of the city" agents, officers
employees. E'tthchl5 further agree to purchase comprehensive
public liability and property tlamage x n the am ant of
$5,000,00o per id-e lot o ing the City a
additional i red to the e ofcitse ri ghtsa agai nst Franchisee
ing by v of th isx The e policy will
provide that ithee City shall sbei given thirty u(30) days [itten
notice prior to c cel lation o modification. A copy of said
policy of i ash all be filed with the City clerk on or before
the eff-tiv date of this franchise.
23. Licenses. The Franchisee shall, lt its sole expense,
procure from all governmental authorities having jurisdiction o
the operations of the Franchisee, including the City, all licenses
ertif icates, pe-its o other authorixat i.on hi,c, may be n ary
for the conduct of its operations. The Franchisee shall pay sail
licenses, ertif is ation, permit Intl e nation fees and
which may be a sed, levied, e acted ao imposed on its
property, o its operations, o its gross r eipts, and upon this
franchise and the rights and privileges granted herein, and shall
make all applications, reports and returns required in Connection
therewith.
ompany authorized to transact business in the State
of Florid. a policy that fulfills all the requirements of the
]
or ke is Compensation Act of said State, including all legal requirements for occupational diseases.
23. Assignment. No a signment of franchise o any right
ing under this ordinance shall be made f whole o n part by
thou v
Fta Ilsee without the expre written c of the City and
the c rn the e of abysa si'ht, ill a sie and the
ass ignorosh,lleia both blble antlers r the Franchise. sgne
26. Books, B ords and-
TheeC ..... is ee shall keep ords of w collected and charges there for, and the City shall have theright
Ordinance 02-3626
Pa4s 9
I o review those reords which r aym any way pertain to the pents
due it a well as the billing of all Customers by the Franchisee.
If disposal facilities eoperated by the City, ords of
willlee wastes shall be m iltImId by the City. The Franchisee
be responsible for the monthly billing of the customer.
ith a ual audit, due on November It of each calendar year, for
the s e yea I.
porrreo thef ending the previous September
30th.eY Said audit shall be prepared by a independent certified
public plIte with creditor's opinion which opinion
shall be esubject toca ceptance o rejection by the City. The audit
shall reflect the ac a y and completeness of the information
provided the City by cthe Franchisee including detailed data and
computation concerning the franchise fee.
2]. HankrvPteY o solvency. If the Franchisee becomes
solvent I in any e .e [he Franchisee files a petition of
voluntary Ivoluntaryy bankruptcy, Chen this franchise shall
terminate 1 ent later than the date of filing of the
bankruptcy peti ti onV
The failure on the part of the F nchisee to comply
i. any substantial .sped ith any of the provisions of this
.'din shall be grounds f c a forfeiture of this franchise, but
n
u.hcor ffeit b take effect teffect until the City has s ved upon
theFranchisee written notice of default, which notice shall set
forth the nature and extent thereof. If a default C n be
I."_
the Franchisee shall have thirty (30) days following the
the r nableness or propriety of the City's declaration , said
s ve pro test shall be d upon the City i writing within ten (10)
days following r e eipt by the Franchisee If the lily's notice. The
protest shall bescheduled before the Longwood City Commission at
the next a ailable Commission meeting.
b. If the City Commission, after hearing the protest
upholds the r nableness or propriety of the City's declaration
of default, then the F anchisee, within thirty (30) days of said
decision, may challenge the decision in the Circuit Court of the
Eighteenth Judicial Circuit in and for Semrnole County, F—id..
29. Right to Require Performance. The failure of the City at
any time to equ rire performance by the F nchiof any provisions
hereof shall i way affect the tight If see of the City thereafter I.
I.— same. Net shall w r ey the City of any breach of any
Ordinance 02-1626
Page 30
provisions hereof be taken or held to be a en of any s ding
breach of such provision or as a waiver ofw any provision uitsel£.
30. Intlependent Contractor. St 1s hereby understood and
agreed that the Franchisee is an independent contractor and not an
agent of the City.
Nodi£ication. This franchise c titates the entire
agreement and understanding between the parties hereto, and it
shall not be c .idered modified, altered, changed 0 ended i
any cusped unless i siting and signed by the parties herein, and
adopted as an amending franchise ordinance.
32. Npti Ce. As required for any purpose in this franchise,
tll be certified
shaaddressed and sent by rtified United States mail
t the City and the Franchisee as follows:
CITY. ity Clerk
City of Longwood
Cen W. Warren Avenel
Longwood, Florida 3215o
FNANCHISEE: Mi. Charles £wing
e Pro of Florida, Inc.
2101 West Stet.
Road 434, Suite 301
Longwood, Fl32779
Phone: 4D7/ 774-0800
33. Remetliea AttorneY's Fees and All medies
provided in this franchise shall be deemed emulative and
additional and n n lieu of o xclusive of each other o of any
other r medy a ailable to the City at law o equity. In the
ent the City Shall prevail in any action a ing hereunder,
Franchisee shall pay to the City its costs, referable thereto,
including attorneys fees.
GCvernina L andye State of FloThis franchise a antlmeallnt shall
be governed by the laws of the
rida. Anyglegal
action necessary to enforce the Agreement will be held in Seminole
Ordinance 02-1626
Page 11
County and the Agreement will b, interpreted according t, the laws
of Floritla.
eat.diIf the sections if tfranchise
_I ... purposes I. — sectisectionthis.. hi, only and shall not be deemed t,
expand orlimit the p—i ... h, —t—d i, such sections.
Warranty of
a. The Franchisee represents and
...... t' unto the Cityth t "i""employee, o agentIt the
City h- -y iht--, either directly
— indirectly, an the
business If Franchisee t, b, conducted hereunder.
—ft—t. The City . the light t, 1111d this
ordinanceordinanceiI any --y f--...t , health,safetywelfare,f the ph�hli, ortI —Ply with laws, 't—t— regulations .
—agreements,.
itt 11 IgItt' —h d the City the right, it
public interest from time to
time, to prescribe rulesand regulations governing—Iihi—' ,P—til- hereunder.
38. Public Entity Chi— N, Franchisee or Contractor may be
—Department — —.," list.
Thaffiliate—
Iaffiliate itif, d tfI,� list defined
�f General
i dtfit'd _
- — affiliates �h. -I disqualified from
contractingp"I public 'hd --g pl.i.— because they have been
found
guilty If publicentity
Section i. . The --hi— it required
t, comply with FloridaFStatutes 281.133, as --, I, its
Iideclared t. be —Ptl.bl: — i any -.t..c., —.1:,1h,111 If this ordinance than f- ..y—be held t. I _lid i— i such decision shall not affect the
validity
idity f the ... i—sections, g — and ph,
If this .,di,,,- but they
shall 1—ih It effect, it being the
legislative intent that
i this -di— h,11 stand notwithstanding
invaliditythI 1111ily of .'y part.
,e �� c��r �,z��� -- --
�H�ag4:
cu,pa , �,� as .a os a°aox�iaa, m�.
&y: ,. �, -... , <:. _
6igr:tituie nP 6wnmx' ux nuthoxized Agent
Pz�nt Name