Ordinance 99-1502ORIGINAL
DADINAN�E ND "7 /��_
ORDINANCE AN O F LONGWO.1, F IDA, F THE CITY O
THE G OF A - CLU CLUEIVE
ASTE __ INC .
FOR Ill COLLECTION
F
soLID WASTE, To I-OSE CERTAIN
COCIALNDITIONS All
AEgUTAENENTs111ATIll Ill—T.;
E.I.OFLITV, CONFLICTS AND AN EFFECTIVE DATE.
commercial esta bi ishments within the City of Longwood, eminole
County, Florida, during the term and subject to the following
limitations and conditions as hereinafter set forth.
a. city" shall mean the city of Longwood, Florida, a
municipal corporation.
b. Franchisee" shall mean the individual, partnership
or corporation w Nhich agrees, as hereinafter provided to perform
the work or service, or to furnish materials or equipment, or both
as set forth in this -
-hi-t. "Recovered materials" means metal, paper, glass,
plastic, textile, or rubber materials that have known recycling
materials regui.re subsequent processing or p ration from each
other, but does not include materials destined for any use that
constitutes disposal. Recovered materials as described above are
not solid waste.
d. solid waste management" shall mean the process by
which solid waste is collected, transported, toyed, separated,
processed, or disposed of in any other way, according t. an
orderly, purposeful, and planned program which includes closure and
long-term maintenance.
e. Solid waste management facility" shall mean a solid
waste disposal ar volume reduction plant, transfer stati ,
materials recovery facility, or other facility, designated by the
City, the purpose of which is resource recovery or the disposal,
recycling, processing, or storage of solid waste. The term does
not include recovered materials processing facilities which meet
the requirements of FS s. 40 —46(4) except the portion of
facilities, if —Y, that is used for the management of [are
managing sic.] solid waste.
f. solid waste shall mean sludge unregulated under
the federal clean water act or clean air a , sludge from a waste
treatment works, water supply treatment plant, or air pollution
control facility, or includes garbage, rubbish, refuse, special
waste, or other discarded material, including solid, liquid,
semisolid, of contained gaseous material r—It.i.ng from domestic,
industrial, commercial, mining, agricultural, or governmental
operations. Recovered materials as defined in FS e.403-3(7) are
not solid waste.
Commercial establishment" means a property or
by an entity exempt from taxation under s. 501(c)(3) of the
Internal Revenue Cade, and excludes property or properties zoned or
I— for single-family residential or multifamily residential uses.
h. Construction and demolition debris" means materials
generally considered to be not water soluble and non-haeartlous in
I—— including, but not limited t,steel glass, brick,
concre e, asphalt roofing material, pipe, gypsum wallboard, and
lumber, from the construction o[ destruction of a structure as part
of a construction of demolition project, and including rocks,
soils, tree renal , tre , and other vegetative matter which
normally results from land clearing or land development operations
for a construction project including such debris from construction
of structures at a site remote from the construction or demolition
project site. Maxi.ng of construction and demolition debris with
It— types of solid waste, including material from a construction
of demolition site which is not from the actual Construction or
destruction of a structure, will cause it to be classified as other
I. Container sha11 mean any portable, nonabsorbent
enclosed container with a close fitting bb r, or doors, approved
by the Health Department and the City, which is used to store Large
volumes of refuse. It ..It be capable of being serviced by
mechanical equipment.
j. "Special Waste" means solid wastes that can require
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special handling and management, including, but not limited to,
white goods, waste tires, used oil, lead -acid batters—,
construction and demolition debris, ash residue, yard trash, and
k. "Biomedical waste means any solid waste or liquid
waste which may present a threat of infection to humans. The term
includes, but is not limited to, non -liquid human tissue and body
parts; laboratory and veterinary waste which contain human -disease -
causing 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 a significant risk of infection to persons outside the
generating facility. The term does not include human remains that
are disposed of by persons licensed under chapter 470.
1. "Biomedical waste generator" means a facility or
includes, but is not limited to, hospitals, skilled nursing or
convalescent hospitals, intermediate care facilities, clinics,
dialysis clinics, dental offices, health maintenance organizations,
m. "Biological waste means solid waste that causes or
has the capability of —,mg disease or infection and includes,
but is not limited to, biomedical waste, diseased or dead anima ,
and other wastes capable of transmitting pathogens to humans or
animals. The term does not include human remains that are disposed
of by persons licensed under Chapter 470.
n. Materials recovery facility" means a solid waste
waste of recyclable materials, materials suitable for use as a fuel
of soil amendment, r any combination of such materials.
o. "Recovered materials processing facility" means a
facility engaged solely i, the storage, processing, resale, or
reuse of recovered materials. Such a facility is not a solid waste
manag ment facility if it meets the conditions of FS s.
p
q. Pelletized paper waste means pellets produced
exclusively from discarded paper which is derived from a solid
waste management facility or a recovered materials processing
facility and which is shred- , extra- or formulated i—
d-— pellets of various sizes for the use as a supplemental fuel
use of such pellets as a supplemental fuel in permitted boilers
other than waste -to -energy facilities may be used by local
governments as credits toward the goals for reduction of solid
waste pursuant to FS s. 401.706(4)(e).
a. She term of this franchise shall terminate on
s ee_tember , ol1—, the effective date hereof provided,
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or -inane — ss-ssoz
however, the City or Franchisee may terminate this Non-exclusive
Commercial Franchise, with or without cause, by a sixty (60) day
written notice sent by Certified U.S. mail.
3. _ o rded b
a. Franch isee(s) shall provide Commercial Solid Waste
Collection Services in the City of Longwood, which sha11 be an
exclusive right to the Franch isee(s). The Contractor shall be
responsible for billing and collection of Commercial Solid Waste
Collection services and disposal costs.
4. Unauthorized S
a. No other person or entity except the Franchisee(s)
I, offer or provide Commercial Solid Waste collection Service in
the City of Longwood. No commercial establishment within the City
shall utilize the services of a collector not holding a franchise
from the City. Violations of this section shall be enforced by the
City by legal action seeking injunctive relief and damages.
c. Minimum Service. The Franchisee shall make
collections at all commercial establishments subject to the terms
of this ordinance and at sufficient intervals necessary to perform
5. Franchise ssina A fee of fifty dollars
(S5o.0o) shall be charged for each franchise application to cover
associated administrative costs.
6. Novx Collections shall be made between "1. 00 a.m. and
unless different times are approved by the City.
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1. The Franchisee shall not litter premises it-
A-- of making collections and shall promptly pick up all
A,— m—tial or debris that may be scattered about the
container durinq the process.
be standard manufactured -type mechanically served containers,
compatible with the private commercial collections sere is ing
equipment. Containers shall be placed at locations readily
accessible to franchisee's personnel. Containers shall be located
upon private property unless the use of public property is approved
by the City. Violations of this section shall constitute a breach
and default of this Non-exclusive Commercial Franchise. The type
of container used, or the location thereof, may vary from the
provisions of this section if approved in writing by the City of
1. ardour Materials. Collection of special and hazardous
i. DER, E.S. EPA, tb.,nd the City of Longwood.
10 Co llect'on E o
a. The Franchisee sha11 provide an adequate number of
vehicles foe regular collection services. They shall be kept in
good repair, appearance, and in a sanitary condition at all times.
Each vehicle sha11 have clearly visible The name and phone number
Page
b. Franchisee shall certify to the City upon the
commencement of each three (3)-year franchise the description and
quaOtity of vehicles and equipment on hand and available for
regular collection services and backup in the event of any
breakdowns.
11. Office. The Franchisee shall establish and maintain a
local office or such other facilities through which it can be
contacted, where service may be applied for, and complaints can be
made. It shall be equipped with sufficient telephones, shall have
one (1) responsible person in charge during collection hours and
sha11 be open during collection hours.
12. 1.uk. All solid waste hauled by the Franchisee shall
be so contained, or enclosed that leaking, spilling or blowing are
prevented. In the event of any spillage, leaking, or blowing of
materials from truck, the Franchisee shall immediately clean up The
13. Disoosal. All solyd waste for disposal shall be hauled
to FDER approved sites or facilities legally approved to accept it
for treatment or disposal and designated as an approved site by the
City. All recovered materials must be processed at a certified
recovered materials processing facility.
commercial collection of b —11 It. set by the --hi... in
negotiation with the .—,— establishment requiring the
'—i'— R.— and Ch— —11 not be —t by the City.
is. Payment
a. For the privilege of collecting —lid waste f—
commercial ..t.bli.b-- within the City, ecuring I f-11hill
rental f equipment, and funds paid .—id. the City for —ling
materials from the City. payment t. the City —11 be —d. f—,
(4) times per y.,, on March 15, 3— 15, September 15, and
December 15, for three (3) f.11 months immediately preceding
—, except the first p— if the first period is — than
not include fees 9--d from the collection of recovered
b. IC —hi- it further consideration of the --hi
shall -- its financial —C—t --.— to the City it
--d— with procedures established from time to time by the
City. The — paid P-1— to this Section shall not be added as
a —. it.. on the ---, collection bill, — rather
shall b, considered as an operational expense.
15. Along with th. q ... t—ly remittance of the
--hi— f—, the --hi—d —11 provide the City with , report.
Said report shall be in . hard copy —.. Th. —p— —11 i--i
such information as the City may reasonably require so . to ensure
proper refuse service to all commercial d—bli--- within the
City and so as to ensure Franchisee's compliance with the terms and
conditions of this —P.It, each report d—I —,ih as a minimum.
(1) C—t—"d Business N—
(2) Customer Business Address
(3) Customer Telephone N--
(5) C-11111(l) CIP-ItY
(6) Compactor(s)
(7) Pi—, Cth.d.l. for Contaiand compactors
ners
(8) Number of --, for all Containers and Compactors
(9) Franchisee Ft.
17. ifiea Th. F,..hi,.. .—I notify all —t-1.
about regulations and d of
a. The FlIllhi— I— Illigh a qualified p--h or
p-- t, be in charge of hi. operations in the City and —11
give the hl— or h—h to the lily.
h. --Tih.— collection ..pl.yhh, —11 —.1 a clean
uniform bearing the —,hy-s h,,..
d. Each employee —11, at all til., —y a —id
.ph—.— Ii.—d for the type of —hi— he is driving.
discipline of any employee of the Franchisee who violates any
provision hereof or who is wanton, negligent, or discourteous in
the performance of his duties.
e. The Franchisee shall provide operating and safety
training for all personnel and shall certify same to the City
f. The Franchisee shall comply with the Equal
Employment Opportunity Progeam, the Fair Labor Standards Alt and
all other applicable Federal and State Statutes pertaining to Fail
Employment practices.
a. All trucks or other vehicles operated by the
Franchisee in the City sha11 be subject to, and shall immediately
submit to spot, on the road inspections by the City or its agent
and if found to be unsafe, said vehicle shall be immediately
removed from sery lce until it can be repaired and is successfully
re -inspected.
b. The use of vehicles failing to meet standards after
inspections may be grounds for cancellation of the franchise by the
City Commission, if found after notice to the Franchisee and an
opportunity to be heard, to be flagrant or repeated in nature.
20. C 'th' The right is hereby reserved fox
the City to adopt, •n addition to the provisions herein contained
and existing applicable ordinances, such additional regulations as
it sha11 find necessary in the exercise of the police power,
provided that such eegnlati... by ordinance or otherwise shall be
reasonable and not in conflict with the intended purpose of this
ordinance. This shall include regoiring the Franchisee to dispose
and deliver solid waste to a designated facility. The Franchisee
shall conduct operations under this ordinance an compliance with
all applicable laws and inter -local ageeeI— between the City and
comply sha 11 constitutt a default hereunder. This franchise shall
not be construed to repeal or revise any existing ordinance and to
the extent that any provision of this franchise is inconsistent
with any existing ordinance, then such existing ordinance shall
prevail and control.
21. .— The Franchisee shall furnish to the City
a Payment Band executed by a surety licensed and authorized to do
business r. the State of Florida i. the amount of $100,000.00
insuring the faithful payment and performance of the terms of this
ordinance and executed by a surety company. Said Payment Bond is
and necessary to enable the City to ..sore all franchise fees due
and payable hereunder aId paid as and when due.
22. L,ability. The privileges herein granted are upon the
—press conditions that the Franchisee shall be liable for all
damages or injury to persons or property caused by its neglect or
mismanagement, or by the actions of any If its employees while
engaged in the operations herein authorized, or for any actions or
proceedings brought as a result of tTe award of this franchise to
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ord"—de xo. vs 1512
�. Franchisee, to specifically include but not be limited to Anti-
trust actions or proceedings. should the City of Longwood be sued
therefor, the Franchisee shall be notified of such suit, and
thereupon it sha11 be its duty to defend the suit or at the City's
option to pay the legal fees of the City's attorney to defend the
..it and should judgment go against the City ih any such
Franchisee shall forthwith pay the same. The Franchisee shall
indemnify and save harmless the City, its agents, officers and
employees from any judgments recovered by anyone for personal
injury, death or property damage sustained by reason of any of the
Franchisee's activitie permitted by this franchise or for any
actions or proceedings brought as a eesult of the awa ed of this
franchise to Franchisee, to specifically include but not limited to
r Anti-trust actions or proceedings, and sha11 pay all expenses,
including costs and attorney', fees, ih defending against any such
claim made against the City or any of the City', agents, officers
or employees. Franchisee further agree to purchase comprehensive
public liability and property damage insurance i, the amount of
$5,000,000 per accident, event or occurren arcing the City as ah
additional insured to the extent of its rights against Franchisee
arising by virtue of this section. The insurance policy will
provide that the City shall be given thirty (30) days written
notice prior to cancellation or modification. A copy o£ said
policy of insurance shall be filed with the City Clerk o or before
the effective date of this franchise.
x3. v The Franchisee sha t its sole expense,
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procure from all governmental authorities having jurisdiction over
the operations of the Franchisee, including the City, ail licenses,
certificates, permits or other auth—i—ion which may be necessary
for the conduct of its operations. The Franchisee 1ha11 pay all
taxes, licenses, certification, permit and examination fees and
excises which may be assessed, levied, exotica or imposed on its
property, on its operations, on its gr ss receipts, and upon this
franchise and the rights and privileges granted herein, and shall
make all applications, reports and returns eequieed in connection
therewith.
x4. satien. The Franchise shall tarry, with
an insurance company authorized to transact business in the State
of Florida, a policy Chat fulfills all the requirements of the
Worker's Compensation Act of said St.t.,including all legal
— A ignm No assignment of franchise or any right
occurring under this ordinance shall be made in whole or i.n part by
the Franchisee without the express written consent of the City and
the customer, in the event of any assignment, the assignee and the
zs. ana xnait.
a. The Franchisee shall keep records of wastes
collected and charges therefor, and the City shall have the right
to review those records which in any way pertain to the payments
due it as well as the billing of all customers by the Franchisee.
If disposal facilities are operated by the City, records of
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ora ihance No. ss-isox
incoming -- —11 be b—t.itbd by the City. The F—b—b.
will be responsible foe the monthly billing of the --t—
b. --hi... —11 furnish the City Finance Division
with an --1 —it, due on November 15 of each .—bd— year, for
the --i— year ., portion thereof ending the p,b,i... Sap t—b-
- said audit shall 11 PlIp—,J by an independent certified
public accountant complete with creditor's opinion which opinion
-11 be subject t. —.pt—, ., ——b by the City. The audit
—11 reflect the --y and —Pl—,— of the information
provided the City by the--hi..e including detailed dand
-
-p—ti— concerning the --hi— f...
If the Franbecomes
chisee
insolvent and in —Y event if the --hi— files . petition of
voluntary or ib—,bt,ty bankruptcy, — this --hi.. —11
terminate in no -- 1—t than the d— of filing of the
bankruptcy petition.
2.. Default.
- The —1— on the part of the Franchisee to —ply
it any substantial —p— with any - the provisions of this
ordinance shall be g—b— for a forfeiture � of this franchise, but
no such forfeiture —11 take -- until the City has --d 1p.b
the Franchisee written notice of default, which -- —11 set
forth the nature and —t— thereof. If a default can be
--bb, the Franchisee b-1 have thirty (30) days following the
notice of --t t. correct the -- If the F,,b,,h "— protests
the reasonableness or PI.Pli.ty of the City-b declaration, said
T. 15 Ildib-- N.. 11-1502
protest shall be served upon the City in writing within ten (10)
days following receipt by the Franchisee of the City's notate.
b. if the City and the Franchisee cannot agree zs to
the reasonableness .1 propriety of the City's declaration of
default, then the issue shall be promptly submitted to binding
arbitration. Three qualified arbitrators shall constitute a Board
of Arbitration, one arbitrator to be selected by the City, one by
declaration of default not later than thirty (I0) days follow. ng
submission of the issue to the Board. Arbitration shall be
pursuant to the Florida Arbitration Cbdl, Ch.pt., 692, Florida
1. The purpose of this section is to enable the City
and the Franchisee to resolve by arbitration such differences as
they may be unable to resolve by mutual agreement. Nothing
contained herein shall be construed to limit or restrict the legal
rights and powers of the City or the Ft-
hit-- Right t A f The failure of the City at
any time to require performance by the F.... hisee of any provisions
provisions hereof be taken or held to be a waiver of any succeeding
breaeh of such provision or as a waiver of any provision itself.
11. ontractor. It is hereby understood and
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orainanca ao. 99-lsoz
agreed that the Franchisee it . independent ---, and not
an agent of the city.
31. dif ica This franchise constitutes the entire
agreement and understanding between the p—ties hereto, and it
—11 not b, —bid—d modified, altered, changed or --d in
,,y .p., in writing and signed by the parties hereto, and
—p— .. .. amending --hi— —di---
- j A, required for .,y p.,p..e in this franchise,
notice —11 be addressed and —t by —tifAtd United St.— mail
t. the City and the Franchisee as follows:
Geraldine D. 2-11, City Clerk
Longwood, Florida 32750
FRANCHISEE:
provided in this franchise —11 be deemed cumulative and
additional and not it lieu if or —t—il. of each —.1 — of any
other remedy available t, the City at I., ., in equity. In the
event the City .—I prevail in any action arising ---,
--hi— shall p, to the City its cos t, --- thereto,
including attorney s ft...
Yaqe i7
31. Go Th- franchise agreement shall
be governed by the laws of the State of Florida. Any and all legal
action necessary to enforce the Agreement will be held in Seminole
County and the Agreement will be interpreted accordinq to the laws
of Florida.
33. eats. The headings of the sections of this franchise
are for purposes of convenience only and shall not be deemed to
expand or limit the provisions contained in such sections.
36. anti of Franchisee. The Franchisee represents and
warrants onto the City that no offic employee, or agent of the
37. Amen m The City reserves the right to amend this
ordinance in any manner necessary for the health, safety, welfare
of the public or to comply with laws, statutes, regulations oe
public interest from time to tine, to prescribe reasonable soles
and regulations governing Franchisee's operations he eeunder.
38. Public Entitv Crvm s - Franchisee or Contractoe may be
public contracting and purchasing process because they have been
foond guilty of a public entity crime. The Franchisee is required
to comply with Florida Statutes Section 287.133, as amended, or its
� successor, page 1
orainance iro. vs-aso2
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