Ordinance 99-1497ORIGINAL
ORDIN 11. 11-1497 7
AN ORDINAXWE Ol THE CITY OF LONGWOOD, FLORIDA, PROVIDING FOR ITT I
FRANCHISE POCCNLA FA INC
—1.A THE COLLECTION OF E.CIAL
"I I. ..... TO IMPOSE CERTAIN TERMS,
C ... IF ..
PROVIDING 7D REPS RAMENTS RELATING TNYRGTO;
EVE EFFECTIVE DATE. —A81LIIP, PLICT. AN. AN
BE IT ENACTED BY THE CITY IF LONGWOOD, FLORIDA AS FOLLOWS:
— ; There i. 1—hY geanted to C.OlHi— -D-1
(-.in the
is successors and assigns, Right,
FlililT9. or --i to .11— solid Dt. materials from
commercial establishments within the City of F.d, eminole
County, Florida, during the t and subject to the following
limitations ana conaitions as Hereinafter eet form.
.. "City-" shall the City of Longwood, Florida, I
municipal corporation.
b. hihC,-1 11 the i—,id.1, partnership
or p.—i.0 who/which agrees, as hereinafter provided to perform
the W.,k or service, or to fllhihb .—litlA or equipment, or both
as ..t forth in this f—lbi
"A.,hCW ..tt met P.P", 9-0,
plastic, textile, ., 1 mates als that have . recycling
potential, can be feasibly recycled, and have been diverted and
source ,ht.d or have been --td from the solid R. stream
for sale, use, or reuse as raw materials, whether or not the
--i— require subsequent processing or ..p ration from each
d. "Solid —t. management" shall t— the pl.111, by
which —lid —t. is collected, transported, It— , I.P--,
processed, or disposed of in any —11 .1y, —.1di, t. an
--y, p.dp.t.f.1, .,d planned program which includes --- and
-'-- -i--d-
e. —lid ..— —9-- facility" 1-1 —d . —lid
waste ainposal area, volume reauotion plant, transfer station,
materials 1-1—Y facility or —.1 facility, designated by the
City, the p— of which i. —d— ---y or the di-—,
recycling, processing, or —"g' of solid —'— The t— does
not i-- I—t—d materials pl.—i, facilities which —
the —d—.—t. of FS - 403-6(4) ext th. PtItiof
-
-iliti if any, that i, used for the management of
managing sic.] —lid
f. Solitl waste shall mean sludge ..1—d under
the federal clean water act or clean air act, —dq. from a waste
—dt—tt works, water supply treatment plant, or air pollution
control facility, or includes 9—b.g., rubbish, — special
was or other di-- material, including —id, liquid,
semisolid, of contained gaseous material resulting from aomest it,
industrial, tommerti mining, agritultura 1, or governmental
.P—tti.t'. Recovered materials as defined in FS -40-03(?) are
—l—
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. Sol(c)(3) of the
Internal Revenue Code, and excludes property or properties zoned or
used for single-family residential or multifamily residential uses.
I. Construction and demolition debris" means materials
generally considered to be not water soluble and non-hasardous in
lumber, from the construction or destruction of a structure as part
of a construction of demolition project, and including rocks,
soils, tree remains, trees, and other vegetative matter which
normally resu l[s from land clearing or land development operations
project site. Mix. ng of construction and demolition debris with
other types of solid .—t., ncl.ding 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
than construction and demolition debris.
I. Container shall mean any portable, nona bsorbent
enclosed container with a close fitting col r, r doors, approved
by the Health Department and the City, which is used to store large
volumes of refuse. It must be capable of being serviced by
mechanical equipment.
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j . "Special W--- b, —lid --, that can require
special handling and management, ih—di but not limited t,
.hi- goods, ..— ti,—, —d oil, lead -acid
--tibh and demolition —11, —h residue, yard trash, and
biological —t—
1,."Biomedical waste means any —lid —t. or liquid
--b which ..y present , threat of infection to h..— The t—,
includes, but as not limited tb, on -liquid human tissue and body
parts; laboratory and --ib —t. which --ih
.... i,g g,,t.T discarded disposable h—, blood, and h....
blood products and body fluids; and other materials which in the
opinion of the department of Health and Rehabilitative Services
represent a significant eisk of infection to p.—h. .—ide the
generating facility. The tb,m d— not include human remains that
are disposed of by p.,... licensed —d., lbllt— 470.
1. Biomedical -- —." , facility or
person that produces ., generates biomedical -- The t..m
but is not limited t., hospitals, skilled —i, or
convalescent hospitals, intermediate — facilities, clinics,
dialysis c—x -- --, health maintenance
—hgi— clinics, medical buildings, physicians'
laboratories, veterinary clinics, and funeral homes.
m. Biological waste" means —id --b that causes or
has the capability of causing disease or infection and includes,
but is not limited t., bi...d,,,,l was t., diseased ., dead
and other wastes —P—T of transmitting P.—g—I to humans or
animals. The term does — include human remains that are disposed
of by persons licensed under Chapter 470.
b. Materials recovery facility" means a solid waste
management facility that provides for the extraction from solid
waste of recyclable materials, materials suitable for use as a fuel
of soil amendment, or any combination of such materials.
facility engaged solely in the storage, processing, es ale, or
reuse of recovered materials. Such a facility is not a solid waste
management facility if it meets the conditions of FS e.
P. Ash Residue " hoe the same meaning as the term is
defined rn the department rule — solid waste combustors which
defines such term.
q. Pelletized paper waste mean pellets produced
waste management foci iity or a recovered materials processing
facility and which 1s eh,tdd,d, extruded, or formulated into
compact pellets o£ various si— for the use as a supplemental fuel
in permitted boilers other than waste -to -energy facilities. The
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. 403.706(4)(B).
a. The term of this franchise shall terminate on
Page 5
Sj�tembex o, 2002 , foll—inq the effective date here f provided,
however, the City or Franchisee may terminate this Non.exclusive
commercial Franchise, ith or without cau , by a sixty (60) day
written notice sent by Certified U.S. mail.
3.
a. Franchisee (s) shall provide Commercial Solid Waste
Collection Services in the City of Longwood, which sha11 be an
exclusive right to the Franchisee(s). The Contractor shall be
responsible for billing and collection of Commercial Solid Waste
Collection services and disposal costs.
1. authorized 5 rvice
I. No other person or entity except the Franchisee(s)
may offer or provide Commercial Solid waste Collection Service 1n
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 sha11 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
If this ordinance and at sufficient intervals necessary to perform
adequate services and to protect the environment.
5. Fee• A £ee of fifty dollars
(550.00) shall be charged for each franchise application to cover
assoeiataa aami.n istratiwe Doers.
6. collections shall be made between
sage 6
7.0o p.m. unless different times are approved by the City.
]. kith. The Franchisee shall not litter premises in the
process of making collections and shallpromptly pick up all
papers, material 11 debris that may be scattered about the
container during the process.
e, vea e containers esea
for collection ,f solid waste from commercial establishments shall
be standard manufactured -type mechanically served containers,
compatible with the private commercial collectorns servicing
equipment. Containers sha11 be placed at locations readily
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
materials shall be in strict compliance with all federal, state,
and local laws and legulations. Said materials shall be stored and
placed in a ma noel approved by the appropriate regulatory agency,
i.e., FLIER, U.S. EPA, etc., and the City of Longwood.
to Collection E
a. The Franchisee shall provide an a eg to number of
vehicles for regular collection services. They shall be kept in
good repair, appearance, and in a sanitary condition at all times.
Page
Each vehicle shall have clearly visible the name and phone number
of the Franchisee and vehicle number not less than twelve inches
(12") in height on the rear and each side.
b. Franchisee shallcertify to the City upon the
commencement of each three (3)-year fxanchrse the description and
quantity of vehicles and equipment on hand and available for
regular collection services and backup in the .,.It 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 f , and complaints can be
made. It shall be equipped with sufficient telephones, shall have
one (1) responsible person in charge during collection III— and
shall be open during collection hours.
12. auk. 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 sha11 immediately clean up the
waste.
i3, u sal. All solid waste for disposal shall be hauled
to — approved it., or facilities legally approved to accept it
III treatment or disposal and designated as an approved site by the
City. All recovered materials nu st be processed at a certified
recovered materials processing facility.
14. charges _ All charges and rates fox the
commercial collection of garbage shall be set by the Franchisee in
For the pr lvilege of collecting solid waste from
collector shall pay to the city, a sum equal to twenty percent
(—) of the gross revenue from all sources related to the
franchisee's operations in the city, including fees, charges,
rental of equipment, and funds paid outside the City for hauling
(4) time A per year, on March 15, June 15, September 15, and
December 15, for three (I) full 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
Franchisee, in further consideration of the franchise,
shall be considered as an operational expense.
Page 9
16. R—t- Along with the quarterly remittance of the
franchise fee, the Franchisee shall provide the City with a report.
Said report shall be ih a hard copy form. The report shall 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.
(z) C..tomer . eusi— Add....
(3) Customer's Telephone Number
(A) Container(.) Number (s)
(5) Container(.) capacity
(6) Compactor(.)
(7) Pick-up Schedule for Containers and Compactors
(8) Number of Pick-ups for all Containers and Compactors
(P) F—hisee Fee
17. tificati— The Franchisee shall notify all customer.
about regulatioos and days of collection.
18. a Personnel.
a. The Franchisee shall assign a qualified person or
persons to be ih 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
.hit... bearing the company's name.
c. Each employee shall, at all tim arty a valid
operator's license for the type of vehicle he is driving.
Page 1
Ordinance No. 55-1117
d. The City may request the dismissal or appropriate
discipline of any employee of the Franchisee who violates any
provision hereof Or who is want , negligent, or discourteous in
the performance of his duties.
e. The Franchisee .ball provide operating and safety
training for all personnel and shall certify same to the City
annually upon renewal of this Franchise.
f. The Francbiisee shall comply with the Equal
Employment Opportunity Program, the Fair Labor Standards Act and
a. All tracks or other vehicles operated by the
Franchisee in the City shall 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 service until it can be eepaired 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 C... issi , if found after notice to the Franchisee and an
opportunity to be heard, to be flagrant or repeated in natvre.
it shall find necessary in the exercise of the police power,
provided that such regulations by ordinance or otherwise shall be
reasonable and not in conflict with the intended purpose of this
ordinance. This shall include requiring the Franchisee to dispose
and deliver solid waste to a designated facility. The Franchisee
shall conduct operations under this ordinance in compliance with
all applicable laws and inter -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 ordinance and to
the extent that any provision of this franchise is inconsistent
with any—istinq ordinan hen such existing ordinance shall
prevail and control.
21. payment Bond. 'the Franchisee sha11 furnish to the City
I Payment Bond executed by a surety licensed and authorized to do
business in the State of Florida in the amount of $loo,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 ensure all franchise fees due
and payable hereunder and paid as and when due.
22. _ility. The privileges herein granted are upon the
damages or injury to persons or property caused by its neglect or
mismanagement, r by the actions of any of its employees while
engaged in the operations herein authorized, or for any actions or
Page 1
.� proceedings brought as a result of the award of this franchise to
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 shall be its duty to defend the suit or at the City's
option to pay the legal fees of the City', attorney to defend the
..it and should judgment go against the City in any such case,
Franchisee shall forthwith pay the same. The Franchisee shall
indemnify antl save harmless the City, its agents, officers and
employees from any judgments recovered by anyone for personal
injury, death or property danage sustained by reason of any of the
Franchisee's abtilitie permitted by this franchise or for any
actions or proceedings brought as a result of the award of this
^ franchise to Franchisee, t specifically include but not limited to
Anti-trust actions or proceedings, and shall pay all expenses,
including costs and attorneys fees, in defending against any such
claim made against the City or any of the City's agents, officers
or employees. Franchisee further agree to purchase comprehensive
public liability and property damage insurance in the amount of
$5, 0 per accident, event or occurren , 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
provide that the City shall be given thirty (30) days written
notice prior to cancellation or modification. A copy of said
policy of insurance sha11 be filed with the City Clerk on or before
the effective date of this franchise.
Yage r
orainanea m. z9-aaz�
2S. Licens The Franchisee shall, at its sole expense,
procure from all governmental authorities having jurisdiction over
the operations of the Franchisee, including the City, all licenses,
property, on its operations, on its gross receipts, and upon this
franchise and the rights and privileges granted herein, and shall
make all applications, reports and returns required in connection
therewith.
24. Workef s C sation. The Franchise shall Carey, with
an insurance company authorized to transact business in The State
+ of Florida, a policy that fulfills all the requirements of the
workers compensation act of said state, including all legal
requirements for occupational diseases.
— No assignment of franchise or any right
occurring under this ordinance sha11 be made in whole or in 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
assignor shall both ba liable under the Franchise.
to review those records which in any way pertain to the payments
due it as we11 as the billing of all customers by the Franchisee.
Page 1
If disposal facilities are oP.I.t.d by the City, records of
incoming wastes shall be maintained by the City. The Franchisee
will be responsible for the monthly billing of the customer.
b. Franchisee shall furnish the City Finance Division
with an annual audit, due on November 15 of each calendar year, for
the ...vice year or portion thereof ending the previous September
30th. Said audit shall be prepared by an independent certified
shall be subject to acceptance or rejection by the City. The audit
shall reflect the accuracy and completeness of the information
provided the City by the Franchisee including detailed data and
Computation concerning the franchise fee.
insolvent antl in any event if the Franchisee files a petition of
voluntary or involuntary bankruptcy, then this franchise shall
terminate in no event later than the date of filing of the
bankruptcy petition.
ordinance shall be grounds for a forfeiture of this franchise, but
no such forfeiture sha11 take effect until the City has served upon
the Franchisee written notice of default, which notice shall set
forth the nature and extent thereof. If a default can be
Correct , th. Franchisee shall have thirty (30) days f.11.Iing the
notice of default to correct the same. If the Franchisee protests
Page i
Ordinance Ne. 55-145�
the reasonableness or propriety of the City's declaration, said
protest shall be served upon — 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 to
default, th., the issue shall be promptly submitted to binding
arbitration. Three goalified arbitrators shall constitute a Board
of Arbitration, one arbitrator to be selected by the City, one by
of Arbitrators shall notify the City and the Franchisee of their
c. The purpose of this section is to enable — City
antl the Franchisee to resolve by arbitration such differences as
they may be unable to resolve by mutual agreement. Nothing
contained herein shall be Const—d to limit or restrict the legal
rights and powers of the City or the Franchisee.
21. Rilht to R erforma.... The failure of the City at
any time to require performance by the Franchisee of any provisions
hereof shall in no way affect the right of the City thereafter to
enforce same. Nor shall waiver by the City of any breach of any
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.
30. It i, hereby .—tt—d and
,b,—d that the Ft —hi— i, an indepcontractor ana not an
endent
bt of the City.
31. Modification. This franchise constitutes the entire
--tt and —d--dib, --- the parties hereto, and it
shall not be considered modified, --d, -d .. amended ib
any —p— unless in writing and signed by th. P—ti.. hereto, and
adopted as an .—di,, --hi— ordinance.
32. Notice. A. required for any p.,p,, in this f—tihiC,
notice —11 be addressed Cbd — by certified LI,i— It-- mail
t. the City and the --hi.. as follows:
CITY. —.1dit, D. Z—bli, City Clerk
III N. Warren Avenue
Longwood, Florida 32750
FRANCHISEE. 1Yort
2715 St—. R-
011—d- Florida 32—
Ih.uoo
-
33. R—di— Att.—, I.. All --di.s
provided in this franchise shall be deemed cumulative and
additional and not it lieu of or —I-i— of each other or of .,y
other remedy —i—I. to the City at — or ib equity. In the
event the City 11 prevail in any action g ---
--hi... —ii pay t. the City its cos eferable thereto,
ed
ge
. _ 17
u. including --y-b fb,,.
34. in d _____ This franchise g--t .—I
be governed by the —, of the State Df Florida. A,,, and all 11
action necessary t. enforce the Agreement will be held in Seminole
County and the Agreement will be interpreted according t. the laws
of Florida.
36. Head. The headings of the sections of this f,hhbhi.
are for p— of b--h— only and —11 not be deemed to
—,bd or limit the provisions b.—i—d in such ti.. .
36. The --hi— —pi—ht. and
warrants I.t. the City that no officer, employee, ., agent of the
City has any interest, either directly ., indirectly, it the
business of Franchisee to be bbhd.bt.d hereunder.
— — Th. City -- the tight t, amend this
,tdib— in any manner — for the health, safety, —f—
.f the public or t. —ply with I—, ---, regulations or
public i,t.,bbt from time to time, t. prescribe reasonable sines
and regulations g--ti, F—thih.— operations hereunder.
38. Public . Franchisee or C—t—b— may b.
— or affiliate identified on the D.P.1—t of G—b—I
Sb—ibbb —b-- .bd.," list. This list is defined as
consisting of pl-- or affiliates who are disqualified from
public contracting and --hg pl.b.— b-1— they have been
found guilty of . public entity crime. The Franchisee i, required
t. —ply with Florida S-t— S-ti.b 287.133, as amended, or its
—i
�', /
i �esvaa i ��yor—
The foregoing Ordinance N.. 99-l—agreed �—d the franchise providedill for
therein d
all the —diti—'thereof— hereby
—I
aka ved this f
Company Name. —tli— Rllt.1 C-1.1 Inc
By: