Ordinance 02-1621NANCE OF THE CITY OF LONGWOOD,
FIgRIDA, P ING FOR THE IRANT11G OF A N -
E%CLUB- FRANCHISE TO ORLANDO WABTE PAPER N
COMPANY, INC. FOR THE COLLECTION OF
C`M C-L SOLID WASTE, TO I.NFOSE CERTAIN
TERMS, CONDITIONS AND REQUIREMENTS RELATING
THERETO; PROVIDING SEVERABILITY, CONFLICTS
AND AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY OF LONGWOOD, FLORIDA AS FOLLOWS:
SECTION ONE: There is hereby greeted to:
h,,ei called the "Franchisee'), its o s sa s and igns, a
Her-
...... ive Right, Privilege or Franchise to collect -lid waste
materials from ial establishmentswithin the City of
Longwood, SeminoleCounty, Florid., during the term and subject to
the following limitations and Conditions as hereinafter set forth.
1. Definitions.
"City" shall mean the City of Longwood, Florida, a
municipal crporation.
bo. "Franchisee" shall m n the individual, partnership
or orporation who/which agrees, as hereinafter provided to perform
thecwork o r to furnish materials or equipment, or both
as set forth invthie franchise.
"Recovered materials" m tal, paper, glass,
plastic, extile, rubber materials that have known recycling
potenti alC C n be feasibly recycled, and have been diverted and
source separated Or have been removed from the solid waste stream
materials require subsequent processinq o separation from each
other, but does not include materials destined for any u e that
nstitutes disposal. Recovered materials as described above are
not solid w e d' „Solid waste m nagement" shall .... the process by
which solid waste r collected, transportetl, s[ red, separated,
processed, disposed of any other way ording toar
orderly, purposeful, and planned program which includes closure and
long-term maintenance.
"Solid waste I,s nag.et facility" shall m solid
as to disposal are',—volumereduction plant, t rans fern station,
aals r eryfility, other facility, designated by the
City the purpose of which i ery o the disposal,
ecyclied, processing, oor stage not csol iewa s d nte. The team does
bot nclude r vored bat.ials processing facilities which s
the requi rementsof FS s 403.'1046(4) cept the portion eof
facilities, if any, that is used for the management of [are
managing s c.) solid waste.
f. 'Solid waste" shall ms u re sludge gulated under
the federal clean water act o clean aact, sludge from a
treatment works, w supply treatment plant, o air pollution
etrol facility, o ncludes garbage, rubbish, refuse, special
rite, other discarded material, ncluding solid, liquid,
solitlr of contained gaseous materfalr r .ulting from domestic,
industrial, ial, ing, agricultural, gov".'atal
operations. ve red materials as defined in FS s 903."l03("I) are
not solid wasteco
gC
. ial tablishment" property
properties z ned o used for c ial o industrial Used,
used
by or
entity e espt from t xmation under s—(c)(3) of the
Internal RevenuexCode, and excludes property or properties z ned o
used for single-family residential or
multifamily = sidential u
h. "Construction and demolition debris"em materials
generally c sidered to be not water soluble and n ne hazardous i
nature, ncluding, but not limited to, steel nglas s, brit k,�
rete,r asphalt roofing material, pipe, gypsum wallboard, and
lumber, from the c nstruction or destruction of a structure as part
of a nstruction of demolition project, and including rocks,
o lls,c tree mains, trees, and other vegetative matter which
orally r suits from land clearing or land development operations
£or a nstruction project including such debris from c nstruction
of structures at a site r mote from the c rndemolition
project site. ing of c nstructi ort add
ndemol ition debris with
other types of solid waste hieing 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 m any portable, eabsorbent
nclosed container with a close fitting cer doors, approved
by the Health Department and the City, which i used to store large
volumes of refuse. It must be capable of being serviced by
mechanical equipment.
j. "Special Waste" s solid wastes that isn, require
special handling m and nagement. including, but not limited to,
white dudes, gatetiea,
sed oil, lead-ac.id batteries,
nstruction and demolition debris, ash residue, yard trash, and
biological wastes.
Ordinance 02--1
Page 2
k. "Biomedical w e any solid waste or liquid
rite whf ch may present a threat ofinfection to humans. The term
ncludes, but il not limited to, n n-liquid human tissue and body
parts; laboraeory and ye terielly waste which contain human-disease-
bedc ing agents; discarded disposable sharps; human blood, and human
blood products and body fluids; antl other materials which in the
opinion of the department of Health and Rehabilitative S
represent a significant risk of infection to persons outcidd the
generating facility• The term does not include human r mains that
are disposed of by persons licensed under chapter 4]0.e
1. "Biomedical waste generator" m ac I fility o
person that produces 0r generates biomedical awas te. The term
ncludes, but i not limited to, hospitals, skilled n ing o
val es It
hospitals, intermediate c e faciliti It
uclinics
dialysis clinics, dental offices, health maintenance organizations,
urgical clinics, medical buildings, physicians' offices,
laboratories, veterinary cl in.i cs, and funeral homes.
"Biological waste" s-li
d lid waste that c
c ise has the capability of ing dase oron infectiand includes
but i not limited to, biomedical waste, diseased or dead a orals,
and other wastes capable of transmitting pathogens to humans It
i
orals. The term does not include human r em ai- Chat are disposed
If by persons licensed under Chapter 4]0.
hate ri als r erY facility" m solid waste
nagement facility that provides for the extraction from solid
rite of recyclable materials, materials suitable for u s a fuel
If
soil a endment, o any combination of such materials.a
"Recovered materials processing facilitym
facility engaged solely in the storage, processing, e sale,�so
If
eC facili ty if it meets the
red materials. Such a facility i not a solid waste
nagementthe conditions of FS s.
403.7055(l)(f)p. "Ash Residue " has the s aning as the term i
defined in the department rule on -lid waste combustors which
defines such term.
q. "Pelletized paper waste" e s pellets produced
xclusi-ly from discarded paper which icderived from a solid
ante m nagement facility o red materials processing
facility and which 1 shredded, r extruded, r formulated into
ompact pellets of v like. for the u supplemental fuel
n permitted boilers otherthan waste-tosenergy facilities. The
If such pellets a supplemental fuel in permitted boilers
other than rite-to-energy facilitleI may be sed by local
governments a redits t and the goals for reduction of solid
waste pursuant to FS c. 403.706(4)(B).
The term of this franchise shall terminate o
eptember 30, tfollowing the effective date hereof provided
however, the City or Franchisee may terminate this Non-exclusive
Commercial Franchise, with o without c by a thirty ON
written —asene by Certified U.S. made
3, s Provided MR,
F ,chi see:
i Franchisee (s) shall provide Commercial Solid waste
Collectionsry
Services in the City of Longwood, which shall be a
xclusive right to the Franchi... (a). The Contractor shall be
e sponsible for billing and collection of Commercial Solid waste
Collection services and disposal costs.
A, uthor — Service
No other person oI entity e cept the Franchisee(.)
may offer or provide Commercial Solid Waste Collection Service i
the City of Longwood. No c ial establishment within the City
shall utilize the s rvices o£ea collector not holding a franchise
from the City. Violations If this section shall be enforced by the
City by legal action seeking injunctive relief antl damages.
b. Minimum Service: The Franchisee shall make
collections at all c rci al establishments subject to the terms
of this ordinance andmat sufficient intervals es n sarm ry to perfo
adequate services and to protect the environment
5. Franchise Proc Fae: A fee of fifty dollars
($50.00( shall be charged far - franchise application to cover
associated administrative costs.
6. Hours. Collections shall be made bet—, 7:00 am . and
7:00 p.m. unless different times are approved by the City.
]. Litter. The Franchisee shall not litter premises in the
process of making collections antl shall promptly pick up all
papers, material r debris that may be scattered about the
container during the process.
Ordinance 02-1621
Page 4
8. Use and Location of A arovaa Containers. Containers used
for collection of solid waste from c ial establishments shall
be standard nufactures-type echanie ally ved ontaina",
ompatible with the private ial collector'sc xvicing
equipment. Containers shall cbem placed at locations5e eadily
s ible to franchisee's personnel. Containers shall be located
uponsprivate property unless the u of public property i approved
by the City. iolations of this section shall c nstitute a breach
and default If"hisN - 11111ivI Commercial F nchise. The type
If container sed, the location thereof, may vary from the
provisions of this section if approved in writing by the City of
Longwood.
1. Hazardous Materials. Collection of special and hazardous
materials shall be i strict compliance with all federal, state,
and local laws and regulations. Said materials shall be stored and
placed i - approved by the appropriate regulatory agency,
FOEA� M. EPA, etc., and the City of Longwood.
Is. Collection E ent.
TFranche hise shall provide as adequate number of
vehicles for regular collection s They shall be kept i
good repair, appearance, and i unitary condition at all times
halt vehicle shall have clearly v Bible the n and phone number
of the Franchisee and vehicle number not less mthan twelve inches
(12"� in height o the r and each side.
b. Fr
anchise,shall estify to the City upon the
e.t of each five (5)-year franchise the description and
quantitym of vehicles and equipment on hand and a ailable for
regular collection services and backup in the event of any
breakdowns.
Office. The Franchisee shall establish and m
locall o£flo uch other facilities through which 1 sistain
ontacted, e
where s may be applied for, and complaints c an be
sh made. It all be equipped with sufficient telephones, shallhave
e (1( responsible person i charge during collection hours and
shall be open durinq collection hours.
12, auk. All solid t
w e hauled by the Franchisee stall
be s ned, o ose ncld thatleaking, spilling or blowing a
ll
v
prevented. In the e -t of any spillage, leaking, r blowing of
materials from truck,the Franchisee shall immediately clean up the
waste.
Ordinance 02-1621
Page 5
13. eal.' All solid waste for disposal shall be hauled
to _a approved sites or facilities legally approved to accept i
for treatment or disposal and designated as I. approved site by the
City. All r red materials must be processed at a certified
recovered materials processing facility.
li. Chai4es antl Aatee. All charges and rates for the
ccial collectio of gas , shall be set by the Franchisee i
negotiation with the ial establishment requiring the
s ervic . Rates and charg,, hall not be set by the City.
35. CaR�aneation aprivilentl Paymenget.
r the of collecting solid waste from
ra la establishments within the City, ing a franchise
£romeChe City antl foc the u of the City streets, the franchised
collector shall pay to thes City, a equal to twenty percent
(20%) of the gross from all related to the
revenue sources
franchisee's operations the City, idh thng fees, charges,
ental of equipment, and funds paid outside the City for hauling
materials From the City. Payment , the City shall be made four
(A) times pez year,re11 rch 15, June 15, September 15, antl
December e (3) full months ate mmedily preceding
payment, a .c for thcept the first payment if the first period d. less than
three months, in which ... payment shall be prorated. Payment
shall be di iected to theat.d F e Division. Such fees shall
not nclude fees generated from nthe collection of recovered
materials.
b. Franchisee, further nsidecbll t of the
franchise, shall make its financial t hd f ailable to the City
ordance with procedures established from time to time by the
City. The 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.
11. Reports. Along with the quarterly r mittartce of the
franchise fee, the Franchisee shall provide the City with a report.
Said report shall be i a hard copy form. The report shall include
uch information as the City may —I onably require s s to e s proper refuse s Ve to all c sta --hill eblishments within rothe
and
d as
e s to s Franchisee'somp cliance with the terms...
erms and
conditions of this report. Each report shall contain as a mrnrmum.
(1) ustomer's Business N
Iz7 customer's nusine., xaaress
3) customeront's Telephone Number
(9) Cainer(,) Number (s)
(5) Container(,) Capacity
(fi) Compactor(s)
(]) rck-up Schedule for Containers antl Compactors
(81 Number of Pick-ups for all Containers antl Comoactors
(9) Franchisee Fee
17. Notification. The Franchisee shall notify all customers
about regulations and days of collection.
18. Franchisee Personnel.
The Franchisee shall a sign i qualified person o
persons toe be i charge of his operations n the City and shall
give the n s to the City.
b.e oFrIrhi see'. collection employees shall wear a clean
uniform bearing the company's n
ach employee shall, at all trrry a valid
op era tor'sc license for the type o vehicle he la stlri—,
d. The City may request the dismissal I, --
It ... pl I"
i..Spli" of any employee of the Franchisee who vi olates any
provision hereof o who i anton, negligent, or discourteous in
the performance of his duties.
The Franchisee shall provide operating and safety
raininq for all personnel antl shall certify same to the City
annually n rase. upor wal of this F nchi
f. The .Franchisee s hall _1y with the Equal
Employment Opportunity Program, the Fair Labor Standards Act and
all other applicable Federal antl State Statutes pertaining to Fair
Employment practices.
19. Franchisee E ent.
All hall
other vehicles operated by the
""it iseem the City shall be subject t and shall immediately
submit to spot, n the road inspections by the City o its agent
and if found [o be u safe, aid vehicle shall be immediately
_1111d from se zvrce until it can be repaired and is successfully
re -inspected.
b. The u of vehicles failing t anafter
nspeCtions may be grounds £or c Cellation of thetfranby the
rty C if fnd afthe Franchiseei— ), I antl an
opportuninsnou
ty to be heard, to be, 1f1lagrant or repe afetl in nature.
20. Ca�liance within La The right is hereby r ved for
the city to adopt, addi tion sto the pro s herein contained
.ad e isting applicable ordinances, such additional regulations a
it shall find e ary in the e of the police powers
provided that such regulations by ordinance o otherwise shall be
ordinnoble and not i ronflict with the intended purpose of this
ance. This shall include requiring the Franchisee to dispese
and deliver solid waste to a designated facility. The Franchisee
shall conduct operations under this ordinance i ompliance with
all applicable I.a nd inter -local agreements between the City and
Seminole c my for solid waste m nagement and its Eailure to
omply shall c se ti tute a default hereunder. This franchise shall
not be c nstrued t repeal o r any e isting ordinance and t
the e that any pro ofthis franchise r istent
with anyne isting ordinahes, then such exrstiag ordinance shall
prevail and control.
Payment Bond. The F anchisee shall furnish to the City a
Payment Bond e cvted by a ety licensed antl authorized to do
business i the State of Florida n the a unt of Sloo,000.00
ias.sitg the faithful payment antl performance of the terms of this
ordinance aad e cuted by a rety company. Said Payment Hond i
t deemed by the City and the Franchisee to be r noble
andaun
n ary to enable the City to e alfa-hisrahis e efees due
and payable hereunder and paid as andnwhen due.
22. iabili ty. The privileges herein granted a upon the
express conditio s that the F nchisee shall be liable for all
m daages o injury to persons or property c sed by its neglect o
nagement, or by the actions o£ any of its employees while
engaged in the operations herein authorized, at for any actions o
proceedings brought a suit of the a and of this franchise to
nchisee, to specifically include butatbe limited to Mti-
trust actions or proceedings. The Franchisee shall be responsible
and liable for any and ail damages to personal o eal property,
whether o ned by the City, private individuals b other business
enti ties.w Said damages shall nclude, but act be limited to
damages to City rights -of -ways, curbing, signs, roadways and other
property. Should the City of Longwood be sued therefor, the
a
nchisee shall be notified of such s tand thereupon it shall
bei s duty Co defend the s t theCity's option Co pay the
legal fees of the City's attorneya to defend the suit
and should
judgment go against the City is
any such < Franchisee shall
forthwith pay the same. The Franchisee shall —se,
and save
harmless the City, its agents, of£icele antl employees from any
judgments red by anyone for personal lnyury, death
prepexty damage esus to inetl by r of any of the Franchisee's
activities permitted by this"
or fox any ait
proceedings brought a suit of the a d of this fra ch sc to
Franchisee, to specifically Include but not limited to Anti-trust
= nc r proceedings, and shall pay all expenses, luding costs
andattomey's fees, defending agart any uch claim made
against the City any of the City'a agents, officers
employees. nchisee further agree to purchase comprehensive
public liability and property damage i n the a — of
$5,000, 000 per a cident, e ent o ing the City a
additional i red to the extent ofcitse r io' gainst F nchisee
ing by v of this ection. The e policy will
provide that =the e City shall be given thirty u(30) days written
notice prior to cellation o ca motlifitiee. copy of aid
policy of i u aon shall be filed with the City Clerk or before
the effectivedate of this franchise.
23. Licenses. The F11.1hill, shall, at its sole expense,
procure from all go --tell authorities having jurisdiction .—
the operations if the Franchisee, including the City, all licenses,
for the conduct of i operations. The Franchisee shall pay all
taxes, licenses, ertif ication, permit and e n fees and
which may be a sed, levied, e acted ao imposed o its
property, o its operations, o its gross r eipts, and uportn this
franchise and the rights and privileges grarttetl herein, and shall
make all applications, reports and returns required in Connection
therewith.
21. satioa. The Franchise shall carry, with
ompany�a�uthorixed to transact business i t he State
of Florida e a policy that fulfills all the requirements of the
orkex's Compensation Act of said State, including all legal
requirements far occupational diseases.
25' ent. signment of franchise any right
ing under this ordinance shall be made i whole. n part by
then Franchisee without the express written c ertt of [he City and
the cus[omex; in the euent of any as signment, the a signee and the
assignor shall both beliable underthe Franchise. s
26. Books, B cords and Audit.
The Franchisee shall keep ords of astes
collected and charges therefor, antl the City shall have thewrf ght
r
w those r ords which i any way pertain [o the payments
due it a well as ethe billing of all customers by the Franchisee.
m
If disposal facilities operated by thr
e City, ords of
ing wastes shall be m rntained by the City. The F nchisee
willbe responsible for the monthly billing of the customer.
b. Franchisee shall furnish the City F e Division
with a ual audit, due o vember 15 of each calendar yea f—
a —ill
the yea r portion thereof ending the previous September
30th.Said audit shall be prepared by ad independent certified
public a cuntant complete with creditor's opinion which opinion
shall be subject to atance o rejection by the City. The audit
shall reflect the al —I.... cy and completeness of the information
provided the City by the Franchisee including detailed data and
computation concerning the franchise fee.
21. Bankruptev o solvency. I£ the Franchisee becomes
solvent and i any e ent if thee nchisee files a petition of
voluntary o voluntary bankruptcy,a then this franchise sha11
tenni.nate ent later than the dats. of filing of the
bankruptcy petitio
26. Default.
The failure on the part o£ the Fs nchisee to comply
id any substantial respect with any of the provisions of this
ordinance shall be grounds for a forfeiture of this franchise, but
uch forfeiture shall take effect until [he City has s ved upon
thes_—his— written notice of default, which notice shall lat
forth the nature and extent thereof. If a default n be
ted, the F nchisee shall have thirty (30) days following the
o£ defaults to c ect the s If the Franchisee protests
their nableness or opropriety of the City's declaration, aid
protest shall be s ved upon the City i siting within ten (10)
days following r eipt by the Franchisee ofthe City's notice. The
protest shall bescheduled before the Longwood city Commission at
the next a ailabls Commission meeting.
I
. If the City Commission, after hearing the protest
upholds the r nableness or propriety of the City's declaration
of default, then the Franchisee, within thirty (30) days of said
decision, may challenge the decision in the Circuit Court of the
Eighteenth Sudicial Circuit in and for Seminole County, Florida.
29. Right to Require P .:The -failure ofthe City at
any time Co require perform e by the�arancbisee of any provisions
hereof shall i way affect the right of 'the City thereafter to
enforce s nNor shall w r by the City of any .breach o£ any
provisions hereof be taken or Vheld to be a of any s eeding
breach of such provision of as a waiver ofw any provision uitself.
30. independent Contractor. It is hereby understood and
agreed that the Franchisee is an independent contractor and not an
agent of the city.
31. Modification. This franchise - nstitutes the —tiro
agreement and understanding between theparties hereto, and it
shall hot be C sidered modified, altered, changed or t.—I i
any respect unless i riting and signed by the parties hereto, and
adopted as an amending franchise ordinance.
32. Notice. As required for any purpose in this franchise,
notice shall be addressed and sent by certified United States mail
to the City and the Franchisee as follows:
CITY: City Clerk
City of Longwood
1]5 W. W n Avenue
Longwood, Florido 32750
FRANCHISEE: Jerry Parrish, Sales Support
Orlando W Paper Company, Inc.
P.O. Box 7874
Orlando, - —4-1—
Phone: 407/ 299-1380
33. Remedies, At'.—W. Fees and Coate. All medies
provided s ra this fnchise shall be deemed muIoti- and
additionaland not in lieu of o xclus— of each other o of any
other r medy a ailable to the city of law o equity. r the
ent the City shall prevail ih ny a ing hereunder,
Franchisee shall pay to the City its costsn referable thereto,
including attorneys fees.
1A. Govarni nq Cm and agr Ve se This franchi-eement shall
be governed by he
laws of theState of Florida. Any and all legal
e
action n ary to enforce the Agreement will be held in Seminole
County andthe Agreement will be interpreted according to the laws
o£ Florida.
36. eaeiingE. The headings of the sections of this franchise
e for purposes of c c only and shall not be deemed to
expand or limit the provisionscontained in such sections.
36. Warranty of Franchisee. She Franchisee represents and
unto the City that n officer, employee, o agent of the
City has any interest, either directly o indirectly, rn the
business of Franchisee to be conducted here nde r.
37. Amendment. The City r e the right to a end this
ordinance i any n m ary foythe health, safety, welfare
of the public or tocomply swith laws, statutes, regulations o
inter -local agreements, and the City r s the right, in the
public interest from time to time, to prescribe r .able rules
and regulations governing Franchisee's operations hereunder.
30. Public Entity C No Franchisee or Contractor may be
e
person affiliate identified on the Dep—tment of General
c
Srvices icted endor" list. This list is defined
i sting Ifvpers — o affiliates who -I disqualified from
public contracting and purchasing process because they have been
found guilty of a public entity c The Franchisee i required
to comply with Florida Statutes Section 287.133, as amended, or its
T ION TWO: Separability: 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 held to be
valid o nstititional, such decision shall not affect the
validity of the z ing s enten—a' clauses and phrases
of this ordinance but they eshallsr effect, it being the
legislative intent Chat this ordinance ishall stand notwithstanding
the invalidity of any part.
SECT— T—E: Ef—t., D.te.
The foregoing City If L119—d -dill1l, N.. 02-1622 and the
franchise provided for therein and all the I— and qp;� thereof I Ippl—ld and agreed t,this
day
If
company N.- �i... —1 C-y, I...
P—t N.: