Ordinance 99-1503ORIGINAL
NCHI1.BE TO
A NON-Bxci usrv.
TO
REQUIREMENTS CERTAININ BROV_ING
SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY OF LONGWOOD, FLORIDA AS FOLLOWS:
SECTION N Thei-e is hereby granted to D sAll I
h—ib called the
Franchisee"), is successors and assigns, a Non-exclusive Right,
Privilege or Franchise to collect solid waste materials from
commercial establishments within the City of Longwood, Seminole
County Florida, during the term and subject to the following
limitations and conditions as hereinafter set forth.
a. City" sha11 mean the City of Longwood, Florida, a
municipal corporation.
b. Franchisee" shall — the individual, partnership
or corporation who/which agrees, as hereinafter provided to perform
c. Recovered materials" means metal, paper, glass,
plastic, textile, or rubber materials that have known recycling
potential, can be feasibly recycled, and have been diverted and
for sale, use, or reuse as raw materials, whether or not the
materials ebgbi,C subsequent processing or separation from each
other, but d— not include materials destined for any use that
constitutes disposal. ---d --i— as d.—iabove are
-
C.t —lid waste.
d. ISolid 11— management" —U —1 the pl.—b by
which —id —t. i. —1--d, transported, --d, --,
--d, or disposed of i, any other way, according t. an
orderly, p--, and planned p,,g,,, which includes closure and
-- disposal area, —1— -d--h plant, --- —t-,
blt.li— I--, facility, 11 -- facility designated by the
City, the purpose of which is —.— —.—y of the disposal,
recycling, processing, ., --g. of —lid -- The t..m does
not i-- recovered materials processing facilities which —
the federal bl.— —t— — or t—, — tbt, —ig. from . —t.
t,b.t..bt --, -- supply --bt plant, or air pollution
control facility, or rncludes garbage, rubbish, efu special
waste, or other discarded material, including —lid, liquid,
—d..t,-I, commerce , —h-9, agricultural, or governmental
op...ti.— Recovered materials as defined in FS -40-03(?) are
not —lid —tte.
g. Commercial establishment means a property or
properties zoned or used for commercial or industrial us r used
by an entity exempt from taxation under s. 501(c)(3) of the
Internal Revenue Code, and excludes property or Properties zoned or
used for single-family residential or multifamily residential uses.
h. construction and demolition debris^ means materials
generally considered to be not water soluble and non -hazardous in
natu including, but not limited to, steel glass, beick,
Concre asphalt roofing material, pipe, gypsum wallboard, and
I umber, from the construction or destruction of a structure as part
for a construction project including such debris from construction
If structures at a site remote from the construction or demolition
project site. Mixing of construction and demolition debris with
other types of solid waste, including material from a construction
of demolition site which is not from the actual construction ox
destruction of a structure, will cause it to be Classified as other
than construction and demolition debris.
I. Container" shall mean any portable, nona bsoebent
enclosed container with a close fitting cover, or doors, approved
by the Health-partment and the City, which is used to store large
volumes of refuse. It muse be capable of being ...iced by
mechanical equipment.
j. "Special Waste means solid wastes that can require
special handling and management, ncluding, but not limited to,
white goods, waste tires, used oil, lead -acid batteries,
k. Biomed.i cal waste means any so lld 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 Nealth 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.
inclva ut 1s not limited to, hospitals, skilled nursing or
convalescent hospitals, lntsrm.diate cars facilities, cl.i ni.cs,
dialysis clinics, dental offices, health maintenance organieations,
has the capability of causing disease or infection and includes,
but is not limited to, biomedical waste, diseased or dead animals,
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
management facility that provides for the extraction from solid
waste of recyclable materials, materials suitable Eor use as a fuel
of soil amendment, or any combination of such materials.
o. Recovered materials processing facility" means a
facility engaged solely in the storage, processing, wale, or
reuse of recovered materials. Such a facility is not a solid waste
man g ment facility if it meets the conditions of FS s.
403.7045(1)(f).
p. Ash Residue " has tM1e same meaning as the term is
q. Pelletized paper waste" mean pellets produced
exclusively from discarded paper which is derived from a solid
waste management facility or a recovered materials processing
facility and which is shredded, extruded, or formulacea into
compact pellets of various sizes for the use as a supplemental fuel
in permitted boilers other than waste -to -energy facilities. The
use of such pellets as a supplemental fuel to permitted boilers
governments as credits toward the goals for [eduction of solid
waste pursuant to Fs s. 403.705(4)(s).
a. The term of this franchise sha11 terminate on
6eotember_3o, z fallowing the effective date here E provided,
Page 5
however, the City or Franchisee mar terminate this Non-exclusive
commercial Franchise, with or without Cau , by a sixty (60) day
written notice sent by Certified U.S. mail.
a. Franchisee(.) shall prow iae commercial —.id waste
collection Services in the City of Longwood, which shall be an
exc lush. right to the Franchisee(.). The Contractor shall be
responsible for billing and collection of commercial Solid Waste
Collection service.. and disposal costs.
4. Unauthorized s r
a. No other person or entity except the Franchisee(.)
may otter or provide Commercial solid waste collection service in
the City of Longwood. No commercial establishment within the city
from the City. Violations of this section shall be enforced by the
City by legal action seeking injunctive relief and damages.
IuiiliulRxt$idSL�iliL�f�'F1iL�]"—�l�]R�1
collections at all commerc lal establishments subject to the terms
of this ordinance and at sufficient intervals necessary to perform
adequate services and to protect the environment.
5. Franchise g A fee of fifty dollars
(SSo.00) shall be charged for each franchise application to covee
associated administrative costs.
5. xours. Collections shall be made between 1.00 a.m. and
7:00 p.m. unless different times aee approved by the City.
Page 6
ordinance xo. ss-isoa
1. Litt —The Franchisee —11 not lit-, p ... i... an the
plbb— of making collections and .—I promptly pick up all
papers, material or debris t— ..y b. scattered athe
bout
, —,it- during the process.
For collection of blid waste from commercial establishments —11
be --P—d manufactured -type mechanically --d --i—
compatible with the private commercial collector'. servicing
C.—i—, —11 b Ell— at I—ti— readily
accessible to fl—hil—. peesonnel. Containers .—I It. --d
0 private property —..s the use of public PI.P.Ity i. approved
by the City. Violations of this section —11 constitute a --h
p— .... n of this section tf approved in writing by the City of
1. C--i— of special and hazardous
placed it . -- approved by the appropriate regulatory agency,
EDER, U.S. EPA, etc., and the City of —9—d.
a. The Franchisee —11 provide an td.q..t. —b., of
—hi.— for 'EP.— collection services. They —11 be kept i.
d— —, appearance, and in . sanitary condition at all times.
Each —hi— —11 have clearly visible the name and ph.— l—b.,
1— 7
Old iU.... N.. 99- —3
of the Franchisee and —i— —b— not — than —1- i--
(12-1) in height on the —, and each .,d,.
b. --hi— —11 certify to the City upon the
----t of each three (3)-y— franchise the description and
quantity of —hi-- and equipment On h— and available E.,
regular -1—ti— —i— and backup in the --t of any
breakdowns.
11. Office. The il—bi-I 1-1 establish and maintain
local office .1 such -h— facilities through which it can be
---, h... --i— may be —d for, and —P-- can be
—d.. It —11 be equipped with sufficient -I.ph—, —11 have
one (1) responsible person in —,qe dosing collection b.... and
—11 be I— d—, collection hours.
12. Hain. All —id —1- hauled by the Franchisee —11
b. — contained, or --d that I —it, spilling or blowing ...
,--- In the -- of any spillage, leaking, or blowing of
b—Ii.11 from truck, the F1111hi— —11 immediately -- up the
13. Ri �-- All —lid waste for di-— —11 be h..I.d
t. FDER approved sites ., facilities 1,,11y approved to accept it
for --- ., disposal and —aq—d as an approved i- by the
City. All ---d --Ii— —t b. processed at a certified
---d --- —i, facility.
commercial collection of garbage shall be set by the Franchisee in
negotiation with the commercial establishment requiring the
service. Rates and charges shall not be set by the City.
a. For the privilege of collecting solid waste from
commercial establishments within the City, securing a franchise
from the City and for the ose of the City streets, the franchised
collector shall pay to the City, a sem equal to twenty percent
(20%) of the gross revenue from all soueces related to the
franchisee's operations in the City, including fees, charges,
materials from the City. Payment to the City shall be made four
December 15, for three (3) E.11 months immediately preceding
payment, except the first payment if the first period is less than
three months, in which case 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
materials.
It. Franchisee, in further consideration of the franchise,
shall make its financial records available to the City it
accordance with procedures established from time to time by the
City. The fees paid pursuant to this Section shall not be added as
a separate item on the customer 1. collection bills, ut rather
shall be considered as an operational expense.
11. >�—. Along with the quarterly remittance of the
franchise fee, the Franchisee shall provide the City with a repoei.
Said report shall be in a hard copy form. The report sha11 include
such information as the. City may reasonably require so as to ensure
proper refuse service to all Commercial establishments within the
City and so as to ensure Franchisee's compliance with the terms and
conditions of this report. Each report shall contain as a minimum.
(1) Customer s Hushes, Name
(zl Customers 5ueiness address
(I) Customer , Telephone Number
(4) Container(,) Number (s)
(s) contarner(s) capacity
(6) Compactor (s)
(7) Pick-up Schedule far Containers and Compactors
(8) Number of Pick-ups for all Containers and Compactors
(1) --hi— Fee
17, ofica lion. The Franchisee sha11 notify all customers
about regulations and days of collection.
18. F nch'see P nel.
a. The --hi— shall assign a qualified person or
persons to be in charge of his operations in the City and shall
give the name or names to the City.
b. Franchisee's collection employees shall wear a clean
uniform bearing the company's name.
c. Each employee sha11, at all t1m airy a valid
operator's license for the type of vehicle he is driving.
d. The city may request the dismissal or appropriate
Page 3
discipline of any employee
provision hereof or who is w.
the performance of his duties
Employment Opportunity Program, the Fair Labor Standards Act and
all other applicable Federal and State Statute pertaining to Fair
Employment practices.
is. E neniaee E ant.
a. All trucks or other vehicles operated by the
Franchisee in The city shall be subject t , nd shall immediately
submit to spot, on the road inspections by the City or its agent
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.
11. c mDl'ance wiTRin L s. The right is hereby reserved foe
the City to adopt, in addition to the provisions herein contained
and existing applicable ordinanc -, such additional regulations as
it sha11 find necessary in the exercise of the police power,
t such regulations by ordinance or otherwise shall be
bd not 1n conflict with the intended purpose of this
This shall include requiring the Franchisee to dispose
all applicable laws and intee-local agreements between the City and
Seminole county for solid waste management and its failure to
comply shall constitute a default hereunder. This franchise shall
not be construed to repeal or revise any existing ordi nonce and to
the extent that any provision If this franchise 1s inconsistent
with any existing ordinance, then such existing ordinance shall
prevail and control.
21. Payment Bond. The Franchisee shall furnish to the City
I Payment Bond executed by a surety licensed and authori-d to do
business in the State of Florida in the amount of $100,-00
insuring the faithful payment and performance of the terms of this
ordinance and executed by a surety company. said Payment Eond is
an an amount deemed by the City and the Franchisee to be reasonable
and necessary to enable the City to ensure all franchise fees due
and payable hereunder and paid as and when due.
22. bilit The privileges herein granted are upon the
express 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 of its employees while
engaged id the operations herein authoriz , or for any actions or
proceedings brought as 1 result of the award of this franchise to
Franchisee, to specifically include but not be limited to —i-
trust actions or proceedings. Should the City of Longwood be sued
therefor, the Franchisee sha11 be notified of such suit, and
thereupon it shall be its duty be defend the ..it or at the City's
option to pay the legal fees of the City's attorney to defend the
suit and should jadgment go against the City in any such case,
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 activities permitted by this franchise or for any
actions or Proceedings brought es a result of the award of this
franchise to Franchisee, to specifically include but not limited to
including costs and attorney'e fees, in defending against any such
claim made against the City el any of the City's agents, o£f icers
$5,Ooo,000 per accident, event or occurrence, naming the City as an
additional insured to the extent of its rights against Franchisee
arising by virtue of this section. The insurance policy will
notice prior to cancellation or modification. A copy of said
policy of insurance shall be filed with the City Clerk on or before
the effective date of this franchise.
— Lvicenses. The Franchisee shall, at its sole expense,
I-- from all g--t.1 authorities —i, jurisdiction over
the p—ti.bs of the F—thi—, including the City, all li—
certaf scat I,1.1t, or other authorization which may be ---y
for the conduct of its operations. Th. Franchisee shall pay all
-.", licenses, certification, permit and examination f—, and
t—i— which ..y be --d, 1 .... d, —ttld or imposed on it,
property, on it, opeea Lions, on its gt.— receipts, and upon this
franchise and the light, and privileges granted herein, and —11
h.k. all applications, —p.— and —b-t required it —hh—i.h
therewith.
— orker•s The --hi— —11 carry, with
an insurance company authorized It transact business in the State
of Florida, a policy that fulfills all the requirements of the
25. As ent. N, —9—t of ftt—h— or any tight
occurring —d— this —di—tt —11 be made it whole or it I— by
the Franchisee without the 1— written —bb.ht of the City and
the —tt—,; it the event of any assignment, the assand the
ignee
—igh- —11 both be liable —d., the Franchise.
due it as well as the billing of all ---, by the
If disposal facilities are p—tt.d by the City, records
ihcomi, wastes shall be maintained by the City. The Fran
will be responsible foe the monthly billing of the customer
the service Year or portion thereof ending the previous y_e tt ber
Oth. Said audit shall be prepared by — independent certified
public accountant complete with creditor s opioi— which opi,i—
shall be subject to acceptance or rejection by the City. The audit
provided the City by the Franchisee including detailed data and
computation concerning the franchise fee.
insolvent and in any event if the Franchisee files a petition of
voluntary r involuntary bankruptcy, then this franchise shall
terminate in — event later than the date of filing of the
a. The failure — the part of the Franchisee to comply
in any substantial respect with any of the provisions of this
ordinance shall be grounds for a forfeiture of this franchise, but
forth the nature and extent thereof. If a default can be
corrected, the Franchisee sha11 have thirty (30) days following the
notice of default to correct the same. If the Franchisee protests
the reasonableness or propriety of the City', declaration, t.,d
protest shall be served upon the city in writing within ten (10)
days following receipt by the Franchisee of the City, notice.
b. If the City and the Franchisee cannot agree as
.1 propriety of the City's declaration of
of Arbitration, one arbitrator to be selected by the City, one by
the Franchisee and one by the arbitrators so selected. The Board
of Arbitrators shall notify the City and the Franchisee of their
declaration of default not later than thirty (30) days following
submissvon of the issue to the Board. Arbitration sha11 be
c. The purpose of this section is to enable the City
and the Franchisee to eesolve by arbitration sucb differences as
they may be unable to resolve by mutual agreement. Nothing
contained herein shall be construed to limit or lestriCt the legal
rights and powers of the City or the--hisee.
any time to require performance by the Franchisee of any provisions
provisions hereof be taken or held to be a waiver of any succeeding
breach of such provision or as a waiver of any provision itself.
31. endent Contractor. It is hereby understood and
agreed that the Franchisee is an independent contractor and not an
agent of the City.
31. ication. This franchise constitutes the entire
agreement and understa nd i.ng between the parties hereto, and it
shall not be considered modified, altered, changed or amended in
any respect unless in writing and signed by the parties hereto, and
notice shall be addressed and sent by certified United States mail
to the City and the Franchisee as follows:
CITY. Geraldine D. Zambri, City Clerk
Longwood, Florida 32750
FnxvCxxSea. ral n
Onlendo. Florida 3 905
Rona: —71 z
33. Reme i v All remedies
provided 1n this franchise sha11 be deemed cumulative and
additional and not in lieu of .1 exclusive of each other or o£ any
other remedy available to the City at law or in equity_ In the
event the City shall prevail in any action arising hereunder,
Franchisee sha11 pay to the city its —t., referable there ,
including attorney'. fees.
34. 6ove This franchise agreement shall
be governed by the laws of the State of Florida. Any and all Segal
action necessary to enforce the Agreement will be held in Seminole
County and the Agreement will be interpreted according to the laws
of Florida.
35. H ea s. The headings of the sections of this franchise
are for purposes of convenience only and shall not be deemed to
expand or limit th p visions contained in such sections.
36. Wa ante of F nchisee. The Franchisee represents and
warrants unto the City that no officer, employee, or agent of the
City has any interest, either directly or indirectly, in the
ordinance in any manner necessary for the health, safety, welfare
of the public or to comply with laws, statute regulations or
inter -local agreements, and the City reserves the right, 1n the
public interest from time to ti o prescribe reasonable rules
and regulations governinq Franchisee's operations hereunder.
3B. Public Entity - Franchisee or Contractor may be
a person or affiliate identified on the -partment of General
consisting of persons or affiliates who are disqualified from
public contracting and purchasing process because they have been
found guilty of a public entity crime. The Franchisee is required
to comply with Florida Statutes Section 187.1s amend r its
successor. page 1
orainance xo. 3s->so3
Xp{�zove.l a a,,d legal 1 1 — If., 111—e by the City
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