Ordinance 99-1498ORIGINAL
AN ORDINANCE O F LONGWOOD, FLORIDA,
PROVIDING FOR THE GRANTIED OF A - USIVE
FRANCHISE FI FOR ST RTHE COLLECTION OH
RCERTAIN
TRANS ,C c AND FREQUIREMENTSE A ATING
EDATE.
6 VERABILITY, ONFLICTS AND
ANEFFECTIVE
BE IT ENACTED BY THE CITY OF LONGWOOD, FLORIDA AS FOLLOWS.
SECTION ONE There is hereby granted t Waste Systems of
(herein called the
Franchisee"), its 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 teem and subject to the following
a. City" shall mean the City of Longwood, Florida, a
municipal corporation.
b. "Fia nch isee" shall mean the individual, partnership
oe Orporation who/which agrees, as hereinafter provided to perform
the work or serve , or to furnish materials or equipment, or both
as set forth in this franchise.
c. Recoveeed materials" means metal, paper, glass,
plastic, textile, r rubber materials that have known recycling
potential, can be feasibly recycled, and have been diverted and
source p rated or have been removed from the solid waste stream
for sale, u , or reuse as raw materials, whether or not the
materials require subsequent processing or separation from each
oth - 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 to 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 state ,
materials recovery facility, or other facility, designated by the
City, the purpose o£ which is resource recovery or the disposal,
recycling, processing, or storage of solid waste. The teem does
the require.. nts of F$ s. 40.1o46(4) except the portion of
facilities, if any, that is used far the management of [are
managing sic.] solid waste.
f. Solid waste shall mean sludge unregulated under
treatment works, water supply treatment plant, or air pollution
control facility, r includes garbage, rubbish, refuse, special
was or other discarded materi including solid, liquid,
semisolid, of contained gaseous material resulting from domestic,
industrial, commercial, mining, agricultuea l., or governmental
operations. Recovered materials as defined in FS s.403.—(7) are
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 co nd excludes property or properties toned 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
nature, including, but not limited t, teel glass, brick,
concrete, asphalt roofing mated , pipe, gypsum wallboard, and
of a construction of demolition project, and include g oc ,
soils, tree remai , tie, and other vegetative matter which
normally results from land clearing or land development operations
for a construction project including such debris from construction
project site. Mixing of construction and demolition debris with
other types of solid was ncluding material from a construction
of demolition site which is not from the actual construction or
I. container shall mean any portable, nonab... bent
enclosed container with a close fitting cover, or doors, approved
by the Nealth bepartment and the city, which is used to store large
volumes of refuse. It must be capable of being serviced by
mechanical equipment.
Page 3
ordinance xo. 59-l—
j. I-Sp.li.1 -- .—I solid —t— that can —q—h
ti,l handling and ——, ih,lhdinq, b.t not limited t.,
.hit. goods, waste tires, used —, lead -acid batteries,
construction and demolition debris, — —id- yard trash,
biological wastes.
k. Biomedical --" .1— any -lid waste 11 liquid
waste which may present a threat of infection to h.,,,. The t..m
but i., not limited to, non -liquid human tissue and body
p.—; laboratory and veterinary waste which contain human -disease-
—!,h, t.; discarded disposable .— h— blood, and human
blood p,hd,,t, and body fluids; and other --ihls which in the
are disposed of by persons n--d Ildl, IhIPtII 470.
1."Biomedical facility or
p—h— that p,hd.h,, or generates biomedical waste. The term
includes, but is not limited to, hospitals, tkilled nursing or
convalescent —pit—, intermediate -1h facilities, hliti—,
dialysis clinics, dental offices, health —i--h organizations,
surgical clinics, thdi-i buildings, physicians' offices,
m. Biological waste" ...— ..lid -- that causes or
has the capability of --g di— or infection and includes,
but is not limited t., biomedical —t., diseased or d— animals,
and other —t— —P-1. of --hitt-9 p.th.g.hs t. humans
ordinance ... —i—
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
facility engaged solely rn the storage, processing, resale, or
reuse of recovered materials. Such a facility is not a solid waste
management facility if it meets the conditions of FS s.
403.�045(1)(f).
p. Ash Residue " has the same meaninq as the term is
defined in the department rule on solid waste combustors which
defines such term.
q. Pelletized paper waste mean pellets produced
facility and which is shredded, extruded, or formulated into
compact pellets of various sizes for the use as a supplemental fuel
in permitted boilers other than waste -to -energy facilities. The
use o£ 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. 403.106(4)(5).
a. The term of this franchise shall terminate on
Wage 5
ordinance No. 99-1498
eutembex 11, , following the effective date hereof provided,
however, the City or Franchisee may terminate this Non-exclusive
Commercial Franchise, with or without —1h, by a sixty (60) day
written notice sent by certified U.S. mail.
may offer or provide commercial Sofia Waste collection service in
the City of Longwood. No commercial establishment within the City
shall utilize the services o£ 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.
collections at all commercial establishments subject to the terms
of this ordinance and at sufficient intervals necessary to perform
adequate sere ices and to protect the envieonment.
6. —hjsekress A fee of fifty dollars
($50.00) shall be charged for each franchise application to cover
assooiatea aaminietrat ive poets.
6. collections shall be made between I:- a.m. and
Page 6
Ordinance No. 99-1498
0 P.I. —.s different times are l—d by the City.
7. Litt— The Franchisee 1-1 not litter premises in the
-- If making --tib— and —11 promptly pick up all
p .—ti.1 It debris that may be scattered —St the
container during the --
e. III and L ation If A. —I d C.—JI.I.. Containers I —
for collection If —id -- from commercial Itt—A--tt shall.
be standard manufactured -type mechanically served ---,
compatible with the private --1,1 collector.. servicing
equipment. C—li—I.ball be placed at 1—ti—I readily
accessible t. --bi,.— personnel. Containers shall EI located
Up— private property —11.1 the use If public property is approved
by the City. Iib—i— of this section —11 —,tit— a breach
.d default of this N---i— Commercial Franchise. The type
If container used, or the location thereof, ..y —y f..m the
pl—ilill, If this section if IpPl.lbd in writing by the City If
5. Hazardous Materials. C.—tti— If b,—i.1 and --b—
materials —11 be in strict compliance with all —,—, —t,
and local laws and regn lotions. Said materials -n be --d and
FDER, U.S. EPA, —., and the City of Longwood
—hi—, for —9— collection —it—. They shall be kept it
goad .i, appearance, and in a —it., condition It — times.
P., 7
b.
each —hi— —11 hdh. —111y lilible the b— and phb,e number
if the Franchisee and —bi— number not lb— than —1— i—
(12") in height on the I— and each side.
d. -d—hidl, shall certify t. the City upon the
commencement f each three (3)-year ft—dhidb the description and
quantity of —hi.— and equipment on hand and available for
regular collection —i— and backup in thh, b,btt of ..y
breakdowns.
11. Office. Th. Franchisee —11 establish and maintain
local off h ., such other facilities through —.h it can be
--Td, h.— A-- may be applied —, — —h- can be
made. It —11 be equipped with sufficient telephones, 1b.11 have
one (1) responsible p—ib, in charge during collection hours and
p—ddt— In the -- of any spillage, leaking, ., blowing of
b,ttii— from truck, the Franchisee —11 immediately — bp the
... I,
13. Disposal. All —id dt. for di-— hh.11 be hd.1,d
t. FDE approved sites or facilities legally approved t. accept it
for treatment or disposal and designated as an --d site by the
City. All --b—d materials .— be d—d at a certified
---d --i— p—b—bg facility.
14. CbAia All charges and races for the
commercial collection of garbage shall be set by the Franchisee in
collector shall pay to the City, a sum equal to twenty percent
[.oral of equipment, and funds paid --id. the City for hauling
materials Exam the City. Payment tD the City shall be made four
(4) times per year, Dn March 15, June 15, September 15, and
December 15, for three (S) full months immediately preceding
payment, except the first payment if the first period is less than
shall be directed to the City Finance Division. Such fees shall
not include fees generated fl— the collection of re<Dvered
materials.
b. Franchisee, it further consideration of the franchise,
shall make its financial records available to the City in
accordance with procedures established from time to time by Ue
City. The fees paid pursuant to this Section shall not be added as
a separate item on the customer's collection bills, but rather
shall be considered as an operational expense.
Page s
16. Reports. Along with the quarterly remittance of the
franchise fee, the Franchisee shall provide the City with a report.
Said report sha11 be in 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.
(1) Customer s Business Name
(zJ cn.tomer s enerne.. mare..
(I) Customer s Telephone Number
(4) Container (s) Number (s)
(5) container(.) capacity
(6) compactor(.)
(7) Prck-up Schedule for Containers and Compactors
(8) Number of Pick-ups for all Containers and Compactors
a. The Franchisee 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 bear.i ng the company's name.
c. Each employee shall, t all trm airy a valid
operator's license for the type of vehicle he is driving.
vage r
orainanoe No. ss-lase
d. The City may request the dismissal or appropriate
discipline of any employee of the Ft—hi.,e who violates aby
ptb—i— hereof ., who it .—t., negligent, or discourteous ib
the —C— of hi, b.ti.-
- The F—tthi.., shall provide operating and safety
training for all personnel and shall certify ...e t. the City
Franchisee it the City —11 be subject t., and shall immediately
submit t. spot, on the —d inspections by the City ., its agent
— if found to be 1.11f, said vehicle shall be immediately
removed from —i- until it can be repaired and it successfully
re -inspected.
opportunity to be heard, t. be flagrant or repeated it — ...
it shall find necessary in the exeecise of the police power,
prov.i.ded that such regulations by ordinance or otherwise shall be
reasonable and not in conflict with the intended purpose of this
ordinance. This shall include requiHhg 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 shs ll 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 exists g rdinance, then such existing ordinance sha11
prevail and control.
21. P ent Bon The Franchisee shall furnish to the City
a Payment Bond executed by a surety licensed and authorized to do
business in the State of Florida in 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
1n 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. LiAbility. The privileges herein granted are upon the
express conditions that the Franchisee shall be liable for all
damages or injury to persons o p p rty caused by its neglect or
mismanagement, or by the actions of a y of its employees while
engaged in the operations herein authorized, or for any actions ox
Page 1
proceedings brought as a result of the award of this franchise to
Franchisee, to specifically include but not be limited to Anti -
therefor, the Franchisee shall be notified of such suit, and
thereupon it shall be its duty to defend the suit or at the City"
option to pay the legal fees of the City', attorney to defend the
suit and should judgment go against the City in any such ca ,
employees from any judgments recovered by anyone for personal
injury, death or property damage sustained by reason of any of the
--hi-- activities permitted by this franchise or for any
actions or proceedings brought as a result of the award of this
franchise to Franchisee, to specifically include but not limited to
Anti-trust actions or proceedings, and shall pay all expenses,
including costs and attorney', fees, in 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 in the amount of
$5,000,000 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
provide that the City ,hall be given thirty (30) days written
notice prior to cancellation or modification. A copy of said
policy of .insurance ,hall be filed with the City Clerk on or before
- . — . The Ft —hi.— —11, at its —1. expense,
procure from all governmental --it— having jurisdictover
ion
— operations of the Franchisee, including the City, all
certificates, permits or other authorization which may be necessary
property, on it, operations, on its g,b,, receipts, and upon this
of Florida, a policy that fulfills all the requirements of the
W—k-1, Compensation — of said St—, including all IC,,I
I.qlilb—t- for occupational di—I.I.
25. A—.t. No assignment of --hi— or any tight
occurring under this —di— —11 be ..dC i, whole or in part by
the F1111hill without the b.p-- written consent of the City and
t. review those —.b.— which in ..y ..y pertain t. the P—C
d.. it .. well as the billing of all customers by the F—hisee.
If di-— facilities are operated by the City, t—d' of
Incoming —t— —11 be maintained by the City. Th. --bitbb
,ill b. responsible for the monthly billing of the ---
b. 11—thi... —11 furnish the City Fl—b ti—i-
-h .. annual audit, d— on K.—b— 15 of each --d— Year, for
the service year or p—x- thereof hdihg the previous S �--
— Said audit .11. be 1—pi— by an i—P—Iht certified
public accountant 1— with —bdi-- opinion which opinion
provided the City by the --hi.e including detailed data and
computation —h—bi, the franchise f...
i—It—t and it any event if the F—h—... files . petition of
—1--ty or involuntary bankruptcy, then this franchise shall
terminate in C. -- I—, than the d of filing of the
bankruptcy petition.
in any substantial —p— with any of the p--tht of this
the --hi— written notice of default, which notice —11 —
forth the h-- and --t thereof. If a --t can be
---d, the Franchisee —11 have thirty (30) d, —1—itg thb
notice of --It t. correct the same. It the Franchisee p—b-
--l—
�. the reasonableness or propriety of the City's declaration, aid
protest shall be served upon the City ih writing within ten (10)
days following receipt by the Franchisee of the City's notice.
b. If the City and the Franchisee cannot agree as to
the reasonableness o propriety of the City's declaration of
default, then the issue shall be promptly submitted to binding
arbitration. Three qualified —bitea — shall constitute a Board
o£ Arbitration, one arbitrator to be selected by the City, one by
the Franchisee and one by the arbierators so selected. The Board
of Arbitrators shall notify the City and the Franchisee o£ their
determination of the reasonableness and propriety of the City's
deC larati— of default not later than thirty (30) days following
submission of the issue to the Board. Arbitration shall be
M pursuant to the Florida Arbitration Code, Chapter —, Florida
c. 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 £ranchisee.
— Aiaht to Aeauir erformance. The failure of the City at
any time to require performance by the Franchisee of any provisions
hereof shall it no way affect the right of the City thereafter to
enforce same. Nor sha11 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.
Page 1
— 1tractor. it is hereby understood and
bbd that the --hi— is an i—,bitd— --b-, and ban
-
igbbt of the City.
3f. Modification. This fl—thill constitutes the entire
bg--tt and understanding between the parties hereto, and it
shall not be considered modified, --d, —d ., --d i,,
any respect unless in writing and signed by the parties —,—, and
—p— as an amending --hi.. ordinance.
32. N.ti... As required for any p—pi,bb in this f,CCbhib.,
notice —11 be addressed and bbtt by certified United States I'll
t, the City and the F--.. as
All bi—dies
provided it this franchise —11 b. deemed cumulative and
additional and not in lieu of or --i— of each other or if any
other remedy available t. the City it — or it equity. In the
-- the City —11 prevail in any action a,i..i, hereunder,
F—bhi— —11 pay to the City it. costs, —f—t— thereto,
17
i._.A N. . 9-498
including attorneys fees.
3<. Govern and venue This francagreement shall
hise
be governed by the 1— of the St— of Florida. Any and all 11
action --ly to —.1— the Agreement will be held i, Seminole
County and the Agreement —1 b. interpreted according to the 1-1
.f Fl—id-
35. �14 The headings of the I.Iti— of this franchise
are for p— of --i,— only and —11 not be deemed t.
—d or limit the -- ---d in such sections.
36. �. tfF;.. hi.— The Franchisee -- and
warrants —t. the City that no of employee, or 1911t of the
City has any interest, either directly 11 indirectly, i. the
—di-- in any -- necessary for the health, safety, --
of the public or t. —ply with I—, -- regulations or
inter -local --, and the city reserves the tight, i, the
public interest from time to time, t. prescribe reasonable —,
_vDlic Entitv mes No Franchisee or Contractor may b.
consisting - persons or affiliates who are disqualified from
public contracting and purchasing process --- they have been
found guilty of . public entity —i— The Franchisee is required
t. comply with Florida Statutes Section 287.112, — —td.d, — it.
The foregoing oldill.— — — th. franchise p — fori there
1 0 all the
__ — .—diti.— th--f hereby—-—, P,— and .91—d t. thil IZ5 day
North —
By: 1-1- Agentt