Ordinance 99-1500ORI ANAL
ORDINANCE O CITY OF LONGWOOD, F
G FOA T OF A NON-6XCLllSIVE
NE TOFLOR~pA AAECYCLING SERVICES, INC.,
sOLTO W
R IMPOS ELL RCICONDITIONS A6
REQUIREMENTS CERELATINCE~
EE IT ENACTED BY THE CITY OF LONGWO LORIDA AS FOLLOWS.
SECTION o There is hereby granted to Fle ziaa A Vcl ina
S ezvices, X0.3______________ (herein called the
Franchisee"), its successors and assigns, a Non-exclusive A.i.ght,
Privilege or Franchise to collect solid waste materials from
commerc.ia 1. establishments within the City of ],Dogwood, Seminole
County, Florida, during the teem and subject to the following
l.im.i tat.i.ons and conditions as heeeinaf ter set forth.
municipal corporation.
b. Franchisee shall mean the individual, partnership
or corporation who/which agrees, as hereinafter provided to perform
the work or service, or to furnish materials or equipment, or both
as set forth in this franchise..
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
source separated or have been removed from the solid waste stream
~, for sa u oe reuse as raw materials, whether or not the
materials require subsequenT processing or separation from each
otner, bne apes not include materia le aeatinea eor any nee that
oonatrtntes aiepoaal. aeoo~erea materials as described above are
not eolia waste.
d. Solid waste management" shall mean the process by
which solid waste rs collected, transported, stored, separated,
processed, or disposed of rn any other way, according o an
orderly, pueposeful, a d 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 station,
materials recovery facility, or other facility, designated by the
facilities, iY any, that is used for the management of
f. "Solid waste shall mean sludge unregulated under
the federal clean water act or clean a1r a sludge feom a waste
treatment wor ater supply area tment plant, or air pollution
control facility, r Includes garbage, rubbish, refuse, special
was or other discarded material, including solid, liquid,
semisolid, of contained gaseous material resulting from domestic,
ina~etr ial, oommer~,al, meninq, agricultural, or governmental
operations. Recovered materials as defined 1n £5 s.403.~p3 (]) are
not solid waste.
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q. Commercial establishment" means property or
by an entity exempt from taxation under s. 501(c)(3) of the
Internal Revenue Cade, and excludes property oe properties zoned or
used foi single-family residential or multifamily residential uses.
h. Construction and demolition debris" means materials
concrete, asphalt eoo£inq material, pipe, gypsum wallboard, and
lumber, from the construction or destruction of a structuee as part
of a construction of demolition project, and including rocks,
soils, tree remains, trees, antl other vegetative matter which
normally results from land clearing or land development operations
foi a ronstruction project including such aebrrs from construction
of structures at a site remote from the construction ox demolition
other types of soiia was incluai nq material from a construction
of demolition site which is not feom the actual construction or
destruction of a structuee, will cause it to be classified as other
than construction and demolition debris.
I. Container shall mean any portable, nonabsorbent
enclosed container with a close fitting cover, or 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.
j. p ial waste means solid wastes that can require
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oramame xe. ss-ss oo
special nanaling ana management, noluaing, but noc limited eo,
wnite goose, waste ewes, used oil, lead-aoia batteries,
oonscruetion ana demolition aebria, ash res ra yard tram, ana
biological wastes.
k. "Biomedical waste" means any solid waste or liquid
includes, but rs not limited to, non-liquid human tissue and body
causing agents; discarded disposable sharps; human blood, and Woman
blood products and body fluids; and other materials whim in the
opinion of the department of Healtn and Rehabilitative Services
represent a significant risk of infection to persons outside The
generating facility. 'fhe term does not rnclude human remains that
person that produces or generates biomedical waste
convalescent hosplta ls, rntermea rate care facilities, clinics,
dialysis clinics, dental offices, health maintenance organizations,
surgical cirnr medical bursa ings, physicrans offices,
laboratories, ~eterrnary clinics, ana funeral nomea.
m. Biological waste means solra waste that causes or
has the capability of causing disease or infection and includes,
but is not limrtea romedical waste, aisea sed or dead anrmals,
and other wastes capable of transmitting pathogens [o humans or
anrmals. The term does not rnclude human rema rns that are disposed
Wage a
orainanoe xo. ss-asoo
,neneea unaer chapter ago.
"Materials recovery Facility" means a solid waste
of soil amendment, or any combination of such materials.
o. Recovered materials processing facility" means a
facility engaged solely in the storage, processing, resale, or
reuse of recovered materials. Such a facility is not a solid waste
management facility if it m_ets the Iona itions of es s.
403.>045(1)(f).
P
facility and which is shredd extruded, or formulated into
compact pellets of various sloes foe the use as a supplemental fuel
in permitted boilers otRer than waste-to-energy facilities. The
use of such pellets as a supplemental fuel in permitted boil ors
other than waste-to-energy facilities may be used by local
governments as credits toward the goals far reduction of solid
waste pursuant Yo PS s. a~3. -06~4)(la).
2. ~{e in.
a. The term of this francRise shall terminate on
septembe_, following the effective date Rereof provided,
r Rowever, the City or Franchisee may terminate this Non-exclusive
Commercial Franchise, with or without cause, by a sixty (so) day
written notrce sent by Certi.f ied N. s. mail.
3. vided by F ncnisee~
a. erancnisee (s) sna11 proviae commercial sel.;.a waste
Collection Services in the City of Longwood, which shall be an
exclusive right to the Franchisee(s). The Contractor shall be
responsible for billing and collection of Commercial Solid Waste
may offer or provide Commercial Sofia 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 tRis section shall be enforced by the
city by legal actron seen inq injunctive relief and damages.
c. Minimum Service: Tne Franchisee snail make
collections at all commercial establishments subject to the terms
of this ordinance and at sufficient intervals necessary to perform
adequate services and to protect the environment.
s. ncR'se _3ng A fee of fifty dollars
(5$O.OO) shall be charged for eaU feanenise application to cover
].oo p. m. unless different times are approved by the city
Page s
~. ~. The Franchisee sna 11 not litter premises ~n the
process of making collections and shall promptly pick up all
papers, material or debris that may be scattered about the
container during the process.
e. ana uooa---_ t n t ' containers naea
for collection of solid waste from commercial establishments shall
be standard manufactured-type mechanically served containers,
compatible with the private commercial collector's servvci.nq
equipment. Containers shall be placed at locations readily
accessible to feanchisee'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
9. Hazardous M vols. Collection of special and hazardous
materials shall be in steict compliance with all federal, state,
and local laws and regulations. Said materials shall be stored and
placed in a manner approved by the appropriate regulatory agency,
i. e., FD ~ .5. EPA, etc., and <he City of Longwood.
io Collection E ent.
a. The Franchisee shall provide an adequate number of
vehicles for regular collection services. They shall be kept in
good repair, appe ranee, and in a sanitary condition at all times.
Each vehicle shall have clearly visible the name and phone number
ea4e
Ordinance No. 99-1500
., of the Franoniaee ana vehicle number not lees than twelve inches
(12") in height on <he rear ana each side.
b. Franchisee shall ceetify to the City upon the
commencement of eacb three (3)-year Eranch ise the description and
quantity of vehicles and equipment on hand and available for
regular collection sere ices and backup in the event of any
breakdowns.
11. o£f ice. The Franchisee shall establish and maintain a
local office or such other facilities through which it can be
contact here service may be applied for, and complaints can be
made. It shall be equipped with sufficient telephones, sha 11 have
one (1) responsible person in charge during collection hours and
shall be open during collection hours.
~` 12. Hain. A11 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
waste.
13. D sal. A11 solid waste for disposal shall be hauled
to FDER approved sites or facilities Iega lly 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 collect.i.on of garbage shall be set by the Franchisee i.n
negotiation with the commercial establishment requiring the
service. Rates and charges shall not be set by the City.
commercial establishments within the City, ecuring a franchise
from the City and for the use of the City streets, the franchised
collector shall pay to the City, sum equal to twenty percent
(20fi) of the gross revenue [rom all sources related to the
franchisee's operations in the City, including e charges,
(4) times per year, on March is, June , September 15, and
December 15, foe three (Ij full months immediately preceding
shall be directed to the City Finance Division. Such fees shall
not include fees generates From the collection of recovered
materials.
b. Franchisee, in further consideration of the franchi ,
shall make its financial records available to the City in
accordance with procedures established from time to time by the
City. The fees paid pursuant to this Section shall not be added as
a p rate item on the customer s collect.i.on bi.11s, but rather
shall be cons.i tiered as an p rational expense.
36. ~. Along with the quarterly remittance of the
sage s
(1) Customer's Busrness Name
(2) Customer s Bus.i.ness Address
(3) -Customer s Telephone Number
(4) Conternec(s) Number (s)
(5) Container(s) Capacity
(6) Compactor(s)
(]) Pick-up Schedule for Conta rnees and Compactors
~ (e) Number of Pick-ups for all Contarners and Compactors
(9) Franchisee Fee
1]. Notification. The Franchisee shall notify all customees
about regulations and days of collection.
fe. £_~see a nel.
a. The Franchisee shall assign a qualified person ox
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 c mpa ny's name.
c. Each employee shall, at all times, carry a valid
operator's license for the type of vehicle he is driving.
d. The City may request the dismissal or appropriate
cage x
drsc ipline 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
annually upon renewal of this Franchise.
f. The Franchisee shall comply with the Equal
Employment Opportunity Program, the Fair Labor Standards Act and
all other applicable Federal and State Statutes pertaining to Fair
Employment practices.
19. Franchisee Ea
a. All trucks or other vehicles operated by the
Franchisee in the City sha 11 be subject t and shall immediately
svbmlt 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 1t can be repaired and is successfully
inspections may roe grounds for cancellation of the franchise by the
and ex,stinq applicable ordinances, 9noh additional regulations as
it anall find necaasarv ,n the axerc~se oe tna police power,
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orainan<a xo. 99-ssoo
provided that such regulations by ordinance or otherwise shall be
reasonable and not in conflict with the intended purpose of this
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 sRall
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 oraina nee shall
prevail and control.
21. The Franchisee shall furnish to the City
/- a Payment Bond executed by a surety licensed and au tho[ized 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
in 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 contlitions that the Franchisee shall be liable for all
damages or injury to persons or property caused by its neglect or
engaged in the operations herein authorizetl, or foe any actions or
proceedings brought as a result of the award of this franchise to
gage 1
orainance xo. ss isoo
Franchisee, to specifically include but not be limited to Anti-
trust actr ons or proceedings. Should the City of Longwood be sued
therefor, the Franchisee shall be notified of such sv rt, and
thereupon it shall be its duty to defend the sort or at the City's
option to pay the Legal fees of the City's attoeney to defend the
indemnity and save harmless the city, its agents, officers and
employees from any judgments recovered by anyone for personal.
injury, death or property damage su..tar netl by reason of any of the
rncluding costs and attorney's fees, n defending against any such
claim made against the City or any of [he City's agents, officers
or employees. Franchisee further agree to purchase comprehensive
public liability and property damage rnsurance rn the amount of
55,000,000 per accident, event or occurrence, naming the city as an
provide that the City shall be given thrrty (30) days written
notrce prior to cancellation or modification. A copy of said
ci<enses. the era ncnrsee sha t ats sole expense,
edge i
procure feom all governmental authorities having jurisdiction over
certificates, permits or other authorrzat ron which may be necessary
£or the conduct of its opera t.i ons. The eranchisee shall pay ali
property, on its operations, on its gross receipts, and upon thrs
franchise and the rights and privileges granted herein, and shall
make all applications, reports and returns required in connectron
24. k i The Franchise shall carry, with
an insueance company authorized to transact business in the State
occurring under this ordinance shall be made in whole or rn part by
the Franchisee without the express written consent of the City and
the customee; an the event of any assignment, the assignee and the
assignor shall both be liable under the Franchise.
to revrew those re<oeds which in any way pertain to the payments
due it as well as the billing of all customers by the Fra nch.i see.
If disposal faciliiies are operated by the City, records of
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rncoming wastes shall be marntained by the City. The Franchisee
wrll be responsible for the monthly billing of the customer.
b. Franchisee shall furnish the C.i ty Finance Nrvrsion
with an annual audit, due on November 15 of each calendar year, for
the sere vice year or portion thereof ending the previous $gptember
30th. said audit shall be prepared by an independent certrf ied
public accountant complete with creditor's opinion which opinion
shall be subject to acceptance or rejection by the City. The audit
shall reflect the accuracy and completeness of the information
voluntary or involuntary bankruptcy, then this franchise shall
terminate rn no event later than the date of filing of the
bankruptcy petition.
28. -efault.
a. The failure on 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 franchl but
no such forfeiture shall take effect until the City has served upon
corrected, the Franchisee shall have thirty (30) days following the
notice of defau l.t to correct the same. if the Franchisee protests
the reasonableness or propriety of the city's declaration, said
r Yage 1
/~ protest shall be seevetl upon tM1e. City in writing within ten (lo)
days following receipt by the Franchisee of the City's notice.
b. If the City and the Franchisee cannot agree as to
the reasonableness or propriety of the City's declaration of
default, then the xs..ue 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
the Franchisee and one by tM1e arbitrators so selected. The Board
of Arbitrators shall notify the City and the Franchisee of their
determination of the reasonableness and propriety of the City's
declaration of aefault not later tM1an thirty (]0) Gays following
submission of the issue to the Board. Aebitrat ion shall be
pursuant to the Florida Arbitration Code, Chapter 682, Flor iaa
P Statotes.
c. The purpose of this section is to enable the City
and the Franchisee to resolve by arbitration such diffeeences as
they may be unable to resolve by mutual agreement. Nothing
contained heeein shall be construed to limit or restrict the legal
eights and powers of the City or the Franchisee.
2s. PiaRt to Require Performance. The Failure of the City at
any trme to require performance by Che Franchisee of any provisions
hereof shall in no way affect the right of the City thereafter to
enfoece same. Nor shall waiver by the City of any breach of any
provisions hereof be taken or M1e1d to be a waiver of any succeeding
breach of sucR prow i.sion or as a waiver of any provision itself.
30. Ind eoendent Contractor. It is Rereby understood and
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~,, agreed coat the Franon isee is an independent oontraetor and no< an
agent of the city.
31. cation. This franchise constitutes the entire
agreement and understanding 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
adopted as an amending franchise orai.nance.
32. oti ce. As required for any purpose in tn.is franchise,
notice shall be addressed and sent by certified United States mail
to the City and the Franchisee as follows:
CITY. Geraldine ~. Zambri, City Clerk
aongwooa, eloriaa 3nso
~ FxAecxxsee. eriarcon. a sia vinlen. s
riaa a vc1'na s xno
Park Avenue uite i
an£ora. F orida 3
0]1 32
33. Rem k Attoinev's Costs. All remedies
provided in this franchise mall be deemed cumulative and
additional and not in lieu of or exclusive of each other or of 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 shall pay to the City its costs, referable thereto,
.including attorney's fees.
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ordinance eo. ss isoo
3q. d V This franchise agreement shall
be governed by he laws of the State of Florida. Any and all legal
actron necessary to enforce the Agreement will De held in Semrnole
County and the Agreement will be interpreted according to the laws
of Florida.
33. ._dyngs. The headings of the sectrons of this franchise
expand or limit the provisions contained in such sectrons
warrants unto the City that no office[, employee, or agent of the
City has any rnterest, either directly or intlirectly, in the
business of Franchisee to be conducted hereunder.
3~. ____ 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, tatutes, regulations or
and regulations governing Franchisee's operations hereundee.
3s. es xo eranchisee or contractor may be
person or affiliate identif red on the pepartment of General
consrsti ng of persons or affrlsates who aee disqualified from
public contracting and purchasing process because they have been
found guilty of a p lic entity crime. The Franchisee is required
to comply with Floritla Statutes Sectron 287.133, as amend r its
~ successor.
ION Wn: Segara ice: the prow is.i ons of this o..dinance
are tleol ared Lo sE anc iF any section, e~i enc cYause
or p asp of th for a y « ~r ~ nail to be
~nva li.d or once i _ ct the
validity of ~ =d~ .sentences, ~ an p ese_s
of this of nay _ trey sh reoain in effect, it beiny the.
ley:: Y~ it ti 3t thi._ oruina nco shall sc 1 nonvitli~tan ling
the :n~~ a y p L.
sEC:.: IR &f f,e_ct,ive Uate. n alt take
eiPect u_ final a< ption ann ~ coceptanoe __ r his eo.
-,~ ~~~ ena reliance ny the city
ComPanY N'.-. tY Sep ,ice~_;n,<.
NY~ - .~. ~.ze ~n9ent