Ordinance 02-1622OHDINANCE M. 02-1622
AN ORDINANCE O CITY OF GENGW0OD1
FLORIDA, PROVIDING FOR THE GRANTING OF A NON-
EXCLUSIVE FRANCHISE TO CONTAINER RENTAL
COMPANY, INC. BOB THE COLLECTION OF
COMIERCIAL SOLID WASTE, TO IMUOSE CERTAIN
TERMS, CONDITIONS AHD REQUIREMENTS RETING
A�G
O; PROVIDSNG SEVERAHILITY, CONFLICTS
AND AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY OF LONGWOOD, FLORIDA A$ FOLLOWS:
SECTION ONE: There is hereby granted to:
herein Ca lied the successors
—Sic-Sicits s and a signs, a Non-
xclusi_ Right, Privilege o nchise s to1111 t solid waste
materials from ial establishments within the City of
Longw
ood, 6eminoleo County, Florida, during the term and subject to
the following limitations and conditions as hereinafter sei forth.
itions.
"City" shall mean the City of Longwood, Florida, a
b. "Franchisee" shall m n the individual, partnership
or orporat ion who/which agrees, as hereinafter provided to perform
thecwork O r to furnish materf als or equipment, or both
as set forthsi. this franchise.
"Recovered materials" m metal, paper, glass,
plastic, textile, rubber materials that have known recycling
potential, ILL be feasibly recycled, and have been diverted and
separated or have been r ved from the solid waste 'beam
for sale, materials, whether ornot the
materials require subsequent processing o separation from each
other, but does not include materials destined for any ... that
constitutes disposal. Recovered materials as described above are
d. "Solid waste m nagement" shall m the process by
which solid waste i collected, transported, stored, separatetl,
processed, disposed of any other way, ording to
orderly, yurposeful, and planned program which includes closure and
Song -term maintenance.
"Solidwaste management facility" shall ma solid
rite disposal area,
volumereduction plant, transferet ation,
materials r eryfacility, or other facility, designated by the
City, the purpose whic
h ch i s ........
esorecoery or the disposal,
ecif solid processing, o It of solid waste. The term does
not re,,ai r red m ials pro Snq facilities which meet
the requiremenis Veof eS Ce 403.7046(4) or cept the portion of
facilities, if any, te. s used for the management of [are
managing sf* solid w
f. "Solid waste" shall m sludge regulated under
the federal clean water act o clean as act, sludge from a ante
treatment works, water supply treatment plant, o r pollution
ont zol facility, o ncludes gaibage, rubbish, refuse, special
other discarded material, 1ncluding solid, liquid,
solid, of contained gaseous mate ri alr sul ring From domestic,
industrial, ial, inq, agricultural, gd—ridIctal
operations. Recovered IDate=ials as defined in 15 sr.903.Io3(7) are
not solid waste.
properties —had o used for e isl o industrial a sed
by a entity e empt from to ation under s 501(c)s13) of uthe
Internal Revenue XCode, and excludes property or properties c ned o
used for single-family I_
o multifamily r sidential u
h. "Construction and demolition debris"em materials
generally c sidered to be not water soluble and n nehazardous i
nature, —luding, but not limited to, steal oglass, brick,
rete,r asphalt roofing material, pipe, gypsum wallboa d, and
lumber, from the c nstruction or destruction of a structure as part
of a nstruction of demolition project, and ncluding rocks,
oils,c tree r trees, and other vegetative matter which
rurally r suit, died land clearing or land development operations
for
a nstruction project including such debris from c nstruction
of structures at a site r mote from the c nstruction or demolition
project site. rng of c nstruction and demoli tSon debris with
other types of sorlid waste ncluding material from a nstruction
of demolition site which is rhot feom the actual c nstruction o
destruction of a structure, will c e it to be c1 �ifiad as other
than construction and demolition debris.
"Container" shall m any portable, n nabsorbent
ncle-d container with a close fitting c er doors, approved
by the Health Department and the CS ty, which i osed to store large
volumes of refuse. It must be capable of being servrced by
mechanical e uipment.
j.9 "Special Waste" mea -lid hartes
that c require
speri al handling and m nagement deleding,but not limited to,
white goods, as to tires, used oil, lead -acid batteries,
nstruction and demolition debris, ash residue, yard crash, and
biological wastes.
Ordinance 02-1622
Page 2
k. meai cal waste" m any so l.is waste or li qui.d
as to which may present a threat ofeinfec[ion to humans. The term
ncludes,but i not limited to, n n-liquid human tissue and body
parts; laboratory and veterinary waste which contain causi.g
agents; discarded d.i.sposable sharps; human blood, and human
blood products and baby fluids; and other materials which in the
opinion of the department el Health and Rehabilitative Services
represent a significant risk of infection to persons outside the
generating facility. The t rm does not include human r marns that
are disposed of by persons licensed under chapter 470.a
1. "Biomedical -waste gen ra tor" edwasts. The term
facility o
person that produces or genates biomedical
ncludes, but is not limited to, hospitals, skilled nu lied o
velt hospitals, intermediate facilities, clieicsr escen
dialysis clinics, dental offices, health cm intenance organizations,
urgical clinics, medical buildings,a physicians' offices,
laboratories, veterinary clinics, end funeral homes.
"Biological waste" m solid waste that c
has the ability of c an ing disease so infection d includes = cap
but r not limited to, biomedical waste, diseased or dead a mal s,
and other wastes capable of t smittinq mpathogens to humans o
does als. The term no[ inclutle human remains that are disposed
ofrby persons licensed under Chapter 970.
"Materials r ery facility" m solid waste
nagementn£acility that pr—des for the e action from solid
rite of recyclable materials, materials suitable for u e a fuel
of soil a endment, o any so. 1. tion of such materi als.a
red materials prncesainq facility" m ns
facility engaged asolely the storage, processinq, sale
eC facility if it
of s red materials. Such a facility i a solid waste
nagementmeets the conditionsof FS s.
903.1095111 (fl.
defined in the department Wile ou solid waste combustors which
defines such term.
q. "Pelletized paper waste" s pellets produced
xclusively from discarded paper which is e derived from a solid
rite m negement facility o red materials processing
facility and which shredded, =extruded, formulated r
—post pellets of v sizes far the u supplemental fuel
is permitted boilers ro the= than waste-t—eergy facilities. The
eh
pellets a supplemental fuel in permitted boilers
other than waste -to -energy facilities may be sed by local
governments redits and the goals for reduction of solid
waste pursuant to FS s. 403.706141(B1.
The term of this franchise shall terminate o
September 30, tfollowing the effective date hereof provided,
owe hver, the City o nchisee may terminate [his N - (30) d.y
Commercial F nchise, with o without c by a thitty (30) day
written notice sent by Certifietl U.S. maile
3. Services Providetl by F 'chi eee:
s
Franchisee!.) shall provide Commercial Solid waste-
aste
CollectionServices in the City of Longwood, which shall be a
xClusive right to the Franchisee(.). The Contractor shall be
esponsible for billing and collection of Commercial Solid Waste
Collection services and disposal costs.
a. —.thor — service
No other person It entity e cept the Franchisee(sl
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 5 oof ea collector not holding a franchise
from the City. violatio 5of this s shall be enforced by the
City by legal action seeking injunctive relief and damages.
b. Minimum Servi ce1 The Franchisee shall make
collections at all c ial establishmentservasubject to the terms
of this ordinance and a sufficient intervals nessary to perform
adequate services and to protect the ertvr xoeunent
5. Franchlee Fee: A fee of fifty dollars
(650.00) shall be charged fors-1, franchise application to cover
associated administrative costs.
6. Hours. Collections shall be made between 7:00 m a . 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 shall promptly pick up —
papers, material debris that maybe scattered about the
container during the process.
Ordinance 02-1622
Page 4
B, and Location of Approved Containers. containers used
for collection of solid waste from c ial establishments shall
be andard m nufactured-type nechamnie ally 111ald containers,
ompatible with the private ial collector's ing
equipment. Containers shall b TPIaced It locations5e eadily
s ible t0 franchisee's personnel. Containers shall be located
u
p
on
s private property unless the u Of public property i approved
by the City. fo lations Of this section shall —tit— a breach
and default at this Non-exclusive Commercial Franchise. 'The type
of Ontainer used, the location thereof, may vary from the
provisions of this section if approved in writing by the City of
Longwood.
9. a —us Materials. Collection of special and hazardous
materials shall be I. strict compliance with all federal, state,
and local laws and regulations. Said ma ials shall be s ored and
placed i approved by the appropage riate regulatory ncy,
I.e., —, C.S�e—, It, and the city of Longwood.
30. Collection Equignent.
I. The Franchisee shall provide a adequate number Of
vehicles for regular collection s They shall be kept i
good repair, appearance, and i nitary condition a all t
Each vehicle shall have clearly v Bible the n and phone number
Of the Franchisee and vehicle number not less mthan twelve inches
(12") in height on the r a.d each side.
b. Franchiseea shall certify to the City upon the
eat of each five (5)-year franchise the description and
quantity Of vehicles and equipment On hand and a ailable for
regular collection se rvrces and backup in the event of any
breakdowns.
11. O£fice. The Franchisee shall establish and tn,int.in a
local offic uch other facilities through which it c n be
ontacted, where s may be applied for, and complaints c I. be
made. It shall beeequipped with sufficient telephones, shallahalt
e (11 responsible n charge during collection hours and
shall be open during collect on hours.
12. Hauling. All solid w te hauled by the F nchisee shall
be s ontalned, o nclos ed thatleaking, spilling or blowing aII
prevented. In the e ant
of any spillage, leaking, or blowing of
materials from truck,v the Franchisee shall immediately clean up the
waste. Ordinance 02-1622
Page 5
13. ➢iapoeal.. All solid waste for disposal shall be hauled
to _1 approved sites or facilities legally approved x cept it
far treatment or disposal and designated a approved site by the
City. All r red materials must be processed at a certified
recovered materials processing facility.
li. Chasse and Pates. All charges and rates for the
ial collectio of garbage shall be set by the Franchisee i
negotiation with the ral establishment requiring the
service. Aates and ChargesMMll not be set by the City.
15. comrcCmWensa Cion and Payment.
r the privilege of collecting solid waste from
i ala estab lishments within the City, s inq a franchise
fromethe City antl for the u of the City e sets, the franchised
collector sha11 pay to then City, equal to twenty percent
(20%) of the gross froma all related to the
revenue sources
franchisee's operations rn the City, ide the fees, charges,
tal of equipment, and funds paid outside the City for hauling
mat errals from the City. Payment to the City shall be made four
cember 15, for three (3) full onths mmediately preceding
payment, e cept the first payment ifm the first period is less than
three months, in which c e payment shall be prorated. Payment
shall be directed to the aCity Finance Division. Such fees shall
not nclude fees generated from the Collection of recovered
materials
I. Franchisee, i. fusther sideration of the
franchise, shall make its financial r ords oa ailable to the City
rde with procedures e tablished from time to time by the
C ityccoThance fees paid pursuant to
sthfs Sec[ion shall not be added a
separate item on the customer's collection bills, but rather
shall be considered as an operational expense.
11. R 2-1. Along with the quarterly ... ittance of the
franchise £ee, the F nchisee shall provide the City with a report.
aid report shall be i A hard copy form. The report shall include
uch information as the City may r onably require s
proper refuse s e to all c ral establishments within —the
City and s nchiseers compliance with the [-and
conditions ofsthis eieport. o-h report shall contain as a minimum:
(1) Customer's B s Name
12) Customer's Business Address
13) Customer's Telephone Number
19I Container (s) Number (s)
(5) Container (s) Capacity
(ompactor(s)
(7Pick-up Schedule for Containers and Compactors(8)
)
Number of Pick-ups for all Containers and Compactors
(97 Franchisee Fee
17. Notification. The F anchisee shall notify all customers
about regulations and days of toll ection.
— Franchisee Personnel.
The £ranch isee shall a sign a qualified person o
persons persons i charge of his operations in the City and shall
give the n s to the city,
bme oFranchisee's collection employees shall wear a clean
uniform bearing the company's n
Each employee shall, at all times, c rry a valid
operator'sciicense for the type of vehicle he is driving.
The City may request the dismissal o appropriate
discipline of any employee of the Franchisee who rvioLates any
provision hereof o who r an, negligent, or discourteous it
the performance of rhis duties.
The Franchisee sha11 provide operating and safety
ing for all personnel and shall certify same to the City
annually upon a
wa1 of this F nchise.
f. The Franchisee shall amply with the Equal
Employment Opportunity Program, the Fair Labor. Standards Act and
al1. other applicable Federal and state statutes pertaining to Fair
Employment practices.
19. nchi see Equis pment.
vehicles
All uckother operated by the
nchi seeain the City shall be subject to, and sha11 immediately
submit to spot, on 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 -inspected.
b. The use of vehicles failing to meet standards
aft—
ity Commission, if found after notice to the Franchisee and an
opportunity to be heard, to be flagrant or repeated in nature.
20. C liance within Laws. The right is hereby ...... td fox
the City t adopt, r addition to the provisions herein
and e isting applicable ordinances, such additional regulations a
it shall find rt acy 1n the e of the poifce powers
provided that such regulations by ordinance o otherwise shall be
.able and not i conf lict with the intendetl purpose of this
ordinance. This shall include regui ring 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 Che City and
Seminole County for solid waste m nagement and its failure to
omply shall c .ttitute a default he ieunder. This franchise shall
not be c .strued to repeal o t any e isting ordinance and to
the extent that any provision ofthis franchise i istent
witb any existing I'd
i.... e then such existing ordinance shall
prevail and control.
21. --I Bond. The F anchi see shall furnish to the City a
Payment Bond e cuted by a rrety licensed and authorized to do
business in the State of Florida in the am u.t of $100,000.00
ing the faithful payment and performance of the terms of this
ordinance and e toted by a rety company. aid Payment Bond i
I.
ant deemed by the City and the Franchisee to be r .able
andn ary to enable the City to e all franchise efees due
and payable hereunder and paid as andnwhen due.
22. Liability. The privileges herein granted a upon the
express conditions that the Franchisee shall be ia It
for all
damages o injury to persons or property c .d 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 salt of the an a d of this franchise to
nchisee, to specifically include butwnot be limited to Mti-
ust actions or proceedings. The Franchisee shall be responsible
and liable for any and all damages to personal o ..1 property,
whether ow ned by the City, private individuals o other business
e.tities.Said damages shall i.clude, but not be limited to
damages to City rights -of -ways, curbi.g, 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
I. i s duty Co defend t the City's o n to pay the
t egal fees of the city'�s attorney to defend the p-it and should
judgme.t go against the City i any such c Franchisee shall
forthwith pay the same. The Franchisee shall indemnify and save
harmless the City, itlagents, officers and employees from any
judgments red by anyone for personal injury, death
property damage esustained by r of any of the Franchisee's
activities permitted by this franchise for any actions o
proceedings brought a salt of the a e d of this franchise t
nch isee, to specifically include but not limited to Anti-trust
actions or proceedings, and shall pay all expenses, rnctuding costs
and attorneys fees, n defending against any such claim made
against the city any of the city's agents, officers
employees. Franchisee further agree to purchase comprehensive
public liaDi li tY and property damage i n the .,.It of
55, 000, 000 per a citlent, e ent o a ing the City a
additional lnsured to the extent r ofcitserig itsagainst Franchisee
ing by virtue of this s The ue policy will
provide that the City shall ebegiven thirty (30) days —it—
. t I - prior to cacellation o modification. A copy of said
policy of i u shall be filed with the City Clerk on or before
the effect ivedatee of this franchise.
procure from all governmental authorities having jurisdiction o
the operations of the Franchisee, includLng the City, all licenses=
ertif icates, permits o other authorization which may be n a
sa ry
for the conduct of r operations. The F nch isee sha11 pay 11
taxes, licenses, ertification, permit and e nation fees and
which may be a sed, levied, e acted ao imposed o its
property, o operations, o its gross r eipts, and uponn th is
franchise and= the rights and privileges granted herein, and shall
make all applications, reports and returns required in connection
24. orker`e C The F nchise shall carry, with
ompany authorized to transact business Lnthe State
If Floridace a policy that fulfills all the requirements of the
o rker's Compensation of aid State, including all legal
requirements for occupational diseases.
25. Assignment. signment of franchise o any right
ing under this .,di ante shall be made i whole o n part by
theuFranchisee without the expxe ritte ent of the City and
the customer; rn the e ent of anysa sigem,ent�nthe I—- and the
assignor shall both bevliable uld— the Franchise. s
Ordinance 02-1622
Page 9
26. ooka, u ords and Audit.
Theg— th chi see shall keep ores of right
collected and charges therefor, and the City shall have theright
to r w those x ords which i al way pertain to the payments
due it
ra well ilil billing of all customers by the F nche Ii
If disposal facilities operated by the City, ords of
it ing w shall be m intained by the Ci[y. The rFranchisee
wil lmbe responsible for the monthly billing of the customer.
b. Franchisee shall furnish the City F e Division
with e ual "or el
due on November ld of each calendar year, for
the s e year or portion thereof ending the previous September
nth. Said audit shall be prepared by a independent c tieied
public e untan[ complete with creditor's opinion whicheopi ni on
shall be csubject t ceptanle o rejection by the City. The audit
shall reflect the a acy old completeness of the information
provided the City by cthe Franchisee including detailed data and
computation concerning the franchise fee.
27. ankruPtcY or Insolvency. If the Franchisee becomes
solvent and i any e if the Franchisee files a retitle. of
voluntary o voluntary tbankruptcy, then this franchise shall
Hate ent later than the date of filing of the
bankruptcy petition.
28. Default.
a. The fafluxe on the part of the Franchisee to comply
it 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 the City has s ved up —
the
sF nchisee written notice of default, which notice shall set
forth rathe nature and extent thereof. If default be
cor ectad, the Franchisee shall have thirty (Sol adays following the
notice of default to c ect the s If the Franchisee protests
the r nobleness or opropriety ofinethe Crty's declaration, aid
pro test shall be —Id upon the. City i writing within ten (lo)
days following receipt by the Franchisee of the City's notice. The
protest shall be scheduled before the Longwood City Commission at
the next a ailable Commission m ing.
b. If the City Commission, after hearinq the protest
upholds the x nobleness or propriety of the Cit y's declaration
If default, theno the Franchisee, within thirty (S o) 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 exfoxme,— The failure of the City st
any time to require perform e by the Franchisee of any provisions
hereof sha11 i way affect the right of the City thereafter to
enforce s shall w Vr by the City of any breach of any
rov pisions hereof be taken or held to be a of any sueedinq
breach of such provision or as a warver of w any piovis ion itself.
30. Independent Contractor. It is hereby understood and
agreed Chat the Franchisee is an independent contractor and not an
agent of the City.
31. Modification. This franchise C nstitutes the entire
agreement antl understanding between the parties hereto, and it
shall not be c sidered modified, altered, changed o ended in
any respect unless i riling and signetl by the parties hezeto, and
adopted as an amend ng franchise ordinance.
32. Notice. required fany purpose in this
tfranchise,
shall ss be addroz eed and sent by certified United States mail
tothe City and the Franchisee as follows:
CITY: City Clerk
City of Lngwood
li5 W. ........
on Avenue
LongwootlarFlorida 32750
FRANCHISEE: . Jerry Parrish, Sales Support
Container Rental Company, Inc.
P.O. Box,
Orlando, FL 32859-1—
Phone: 407/ 298-8555
33. Remedies, AttorneY'e Faes and Costs. All r medies
provided this franchise shall be deemed umulat too and
additional rand not in lieu o£ o xclusive of each other o of any
ether r medy a ail able to the City at Saw o equity. r In the
ent the City shall prevail r any a azising hereunder,
Franchisee shall pay to the City it ets, referable thereto,
including attorneys fees.
Old inadoe 02-1622
Page II
34. --la Law and Venue: This franchise agreement shall
be governed by the laws of the State of Florida. Any and all legal
action n ary t enforce the Agreement will be held in Seminole
County and the Agreement will be lnt erpreted according to the laws
of Florida.
35. Heas. The headings of the sections of this franchise
ose e for purps of c only and shall hot be deemed to
-pand or limit the provisionsc contained in such sections.
36. WarzantV of Franchisee. The Franchisee rob—,— and
to
[he City that n o£Eicex, employee, o agent of the
City has any interest„ either directly indirectly, in the
business of Franchisee to be conducted hereunder.
37. Amendment. Thv
e City r s the right to amend this
ordin any ...
n s
ary Eorthe health, safety, welfare
of the public or tocomply with laws, statutes, regulations o
rote i-local agreements, and the City r s the right, l n the
public interest from time to time, to prescribe r nabl erules
antl regulations governing Franchisee's operations hereunder.
38. Public Entity Czimee: No Franchisee o ontractor —Y be
per affiliate identified o the Department of General
Servicescvicted endor" list. n This list defined11
fisting of persons o affiliates who a e disqualified from
public contracting and purchasing process because they have been
found guilty of a public entity < The Franchisee i required
to comply with Florida Statutes 3ecti- 297.133, as amended, or its
SECTION 1TV Separability: The provisions of this ordinance
e declared t Obe separable and if any section, entence, clause
r phrase of this ordinance shall for any r n be held to be
valid o ns titutional, such decision shall not affect the
validity of the r ing sections, sentences, Clauses and phrases
of y this ordinance but theshall r leffect, it being the
legislative i tat ththis ordinance shall stand notwithstanding
the invaliditytofany Part.
The foregoing City of Longwood Ordinance No. 02-1622 and the
franchise providetl for therein and all the L and conditions
thereof are hereby accepted, approved and agi— to this
day Of
FRANCHISEE:
Company Name. Container Rental Company, Ine.
Signature If Ovner or Au thorn zed Agent
�. Ordinance 02-1622
Page 14