Ordinance 99-1501ORIGINAL
~ i~~.
IoINGNF NGRANTING O %cLUSIV£
NTNESC wOF TC AETE,
A IMPOS ELL TEAMS,AC AND
AepU1REMENTe CE EATING IUING
EF, IT ENACTED BY THE CITY OF LONGWOOD, FLORIDA A8 FOLLOWS:
BECTION There rs hereby gea nted to Ci CV W ,
herein calletl 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, dUri ng the term and subject to the following
r
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 who/which agrees, as hereinafter peov ided to perform
the work or serve r to furnish materials or equipment, or both
as set forth in this franchise.
c. "Recoveretl materials" means metal, paper, glass,
plastic, textile, or rubber materials that have known ee cycling
potential, can be Feasibly recycled, and have been diverted and
source separated or have been removed from the solid waste stream
~ for sale, use, oe cease as raw materrals, whether or not the
materials require subsequent processing or separation from each
other, but does not include materials destined for any use that
constitutes disposal. Recovered materials as described above are
d. Solid waste management" shall mean the process by
wnich solid waste is collected, transported, stored, separated,
processed, oe disposed of in any other way, according to an
ordeely, purposeful, and planned program whicn includes closure and
long-term maintenance.
e. Solid waste manag ent facility" snall mean a solid
waste disposal ar volume reduction plant, transfer station,
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 eecovered materials processing facilities which meet
the requi cements of FS s. 40J .']046(47 except th portion of
facilities, if anr, coat is asea for ene management of [are
managing sie.7 solia waste.
f. solid waste" sna 11 mean sludge unregu laces under
the fetleral clean water act or clean air act, sludge from a waste
treatment works, water supply treatment plant, r ale pollution
control facility, or Inc LUdes garbage, rubbish, refuse, special
was or otner discarded material, including solid, liquid,
semisolid, of contained gaseous material resulting from domestic,
industrial, commercial, mini g, g cultural, or governmental
operations. Recoverea materials as aefinea in es s.aoJ.~o~(~7 are
not solia waste.
~ Yage 2
g. Commercial establishment" means a property or
properties zoned or used for commercial or industrial uses, or used
by an ent itY exempt from taxation under s. soi (c)(.l) of the
Internal Revenue Code, and excludes property or properties voned or
used fox single-family residential or multifamily residential uses.
n. construction and demolition aebrie means materials
genara uy oonaiaerea eo be not water soluble and non-na~araous in
nature, including, but not limited to, steel glass, beiek,
concrete, asphalt roofing material, pipe, gypsum wallboard, and
lumber, from the construction or destruction of a structure as part
of a construction of demolition project, and including rocks,
soils, tree remains, tre and other vegetative matter which
normally results £r om 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 s1t e. Mixing of construction and demolition debris with
other tYPes o£ 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
roan eonsuvetion and demolition debris.
S. Container" shall mean any portable, nonabsorbent
enclosed container with a close fitting cov e, r tloors, appeoved
by the Health Department and the City, whi.<h is used to store large
volumes of refuse. ft must be capable of being erviced by
mechanical. equipment.
j. "Special Waste" means solid wastes that can require
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special naval ing ana management, inclwaing, but not limitea t ,
wnice gooas, waste cares, ~aea oil, leaa-acia batteries,
oonstruotion ana aomolition aebr ash res iaoe, yara eraen, ana
incluaes, but is not limitea co, non-liguia Human ciesue ana bogy
parts; laboratory ana ~aterinary waate which contain n~man-aieease-
eawaing agents; aiscaraea aisposable sharps; nwman blooa, ana Human
blood products and body fluids and other materials which in The
1. "siomea ical wart generator" means a facility or
person that produces or generates biomedical waste. The term
includes, but is not limited t hospitals, skilled nursing of
convalescent hospitals, intermediate care facilities, clinics,
dialysis clinics, dental offices, health maintenance organizations,
sueg ical clinics, metlical buildings, physicians` offices,
laboratories, veterinary cline and funeral homes.
m. Biological waste" means solid waste that causes or
has the capability of causing disease or infection and includes,
but is not limited to, biomedical was tlisea sea or dead animals,
and other wastes capable of transmitting pathogens to humans or
animals. The term does not include human remains that are disposed
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Ordinance rvo. 55-i5o1
of by persons licensed antler Chapter 470.
n. Materials recovery facility" means a solid waste
management facility that provides for the extraction from solid
waste of recyclable materials, materials sortable for use as a fuel
of soil amendment, or any combination o£ such materials.
o. Recovered maters is processing facility" means a
facility engaged solely in the storage, processing, esa or
reuse of reoowerea materials. sucn a faeility is not a solia waste
management faeiliey if rt meets cne conaitions of es s.
q. "Pelletized paper waste mean pellets produced
exclusively from dlscarded paper which as derived from a solid
waste management facility or a recovered materials processing
facility and which rs sh Bedded, exteudea, or formulated rnto
compact pellets of varrous srzes for the use as a supplemenial fuel
rn permitted boile[s 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. 401.]06)4)(8).
a. The term of this franchise shall terminate on
__ tembe[ 30, 2002 following the effective date hereof provided,
page
nowe~er, the city or erancnisee may terminate this wen-exclusive
commercial Franchise, with or without cau by a six<y (60) day
written notice sent by Certified w. S. mail.
a. r~ioee a ~iaea b~ Franoni:ee:
a. Francnisee~s~ sna 11 pro~iae commercial solia waste
the ity oY Longwood. No commercial establishment within the City
shall utili'te the serVrces of a collector not ho la ing a franchise
from the City. Violations of [his sec[ron shall be enforced by the
city by legal action seeking injunctive relief and damages.
c. Minimum Service. Tne Francnisee shall make
collections at all commercial establishments subject to the terms
of this ordinance and at sufficient intervals necessary to perform
(55O. OO) sna 11 be charged for each franchise application to cover
assocratea aaminisiratiVe costs.
s. collections shall be mace between ~.oo a.m. and
7.OO p. m. unless different times are approved by the City.
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orainanoa wo. ss-ssoi
i. Tha eranchieee anall not Liter premiaea in the
process of making collections and shall promptly pick vp al.l
papers, material. or debris that may he scattered about the
container during the process.
for collection of solid waste from commercial establishments shall
be standard manufactueed-type mechanically served containers,
compatible with the private commercial collector's servicing
equipment. Containers shall b placed at locations readily
by the City. Violations of this section shall constitute a breach
and default of this Non-exclusive Commercial Franchise. The type
/~ of container us or [he location thereof, may vary from the
provisions of this section if approved in writing by the City of
s. H 2 ials. Collection of special antl hazardous
materials shall be in strict 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,
1. FOER, U.s. £PA, etc., and the City of Longwood.
io ollect'on E nt.
a. The Franchisee shall provide an adequate number of
vehicles for regulae collection services. They shall be kept in
good repair, appearance, and in a sancta ry condition at all times.
Each vehicle shall have clearly visible the name and phone number
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of the Franchisee and vehicle number not less than twelve inches
commencement of each three (3)-year franchise the description and
quantity of vehicles and equipment on hand and available for
regular collection seev ices and backup rn the event of any
breakdowns.
31. office. The Franchisee shall establish and maintain a
local office oz such other facilities through which it can be
contacted, where service may be applied for, and complaints can be
one (1) responsible person in charge tluring collection hours and
shall be open tluring collection hours.
/~ 12. aul ixq Ail solid waste hauled by the eranchisee shall
be so contain e enclosed that leaking, spilling or blowing are
prevented. In the event of any spillage, Seaking, or blowing of
materials from truck, the Franchisee shall immediately clean up the
13. D sal. All solid 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. A11 recovered materials must be processed at a certified
recovered ma<erials processing fa ri lity.
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ordinance No. ss-isol
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. Cor the privilege of collecting solid waste from
commercral establishments wrthrn the City, securing a franchise
from the City and for the use of the City streets, the franchised
eollectoe shall pay to the City, sum equal to twenty percent
(20&) of the geoss revenue from all sources related to the
rental of equipment, and funds paid outside the City for hauling
materials from the City. Payment to the City shall be made four
(4) time per year, on Maech 15, June 35, September 15, and
December 15, for three (3) full months rmmediately 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 dizected to the City Finance ~rvrsron. Such fees shall
not rnclude fees generated feom the collection of recovered
b. Franchisee, in further consideration of the franchise,
shall make its financial records ava.i.lable to the City an
City. The fees paid pursuant to this Section shall not be added as
a separate item on the customer s collection brl but rather
shall be considered as an operational expense.
15. >~. Along with the quarterly remittance of the
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orainanoa Mo. ss-isoi
franchise fee, the Franchisee shall provide the City with a report.
Said report shall be in a hard copy Eorm. 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 eeport shall contain as a minimum.
(]) Pick-up Schedule for Containers and Compactors
~^ (8) Number of Pick-ups foe all Contarners and Compactors
(9) Franchisee Fee
1]. ti£ic The Franchisee shall notify all customers
about regulations and days of collection.
18. FxancT'see P nel.
a. The Franchisee shall assign a qualified person or
peesons to be in cha ege of his operations in the City and shall
give the name oe names to the City.
b. Franchisee's collection employees shall wear a clean
uniform bearing the company's name.
c. Each employee sha 11, at all time carry a valad
operator's license for the type of vehicle he is dzi v.i ng.
d. The city may req est the dismissal or appropriate
Paga i
discipline of any employee of the Franchisee who violates any
provision hereof or who is wanton, negligent, or discourteous in
the performance of his dut.i es.
e. The Franchisee shall provide operating and safety
training for all personnel and shall certify same to the City
al.l other app liable Federal and state sta<utes pertaining to Fair
Employment practices.
and if found to be unsafe, said vehicle shall be immediately
removed Yrom service until it can be repaieed and is successfully
re-inspected.
b. The use of veh ides failing to meet standards after
inspections may be grounds for cancellation o£ the franchise by the
City Commissl n, if found after notice to the Franchisee and an
opportunity to be heard, to be flagrant oe repeated in nature.
xo. c mpliance within La s. The right is hereby reserved for
the City to adopt, in addition to the provisions heeein contained
and existing applicable ordinances, such atlditional regulations as
it shall find necessary in the exercise of the police power,
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oraiaanoe rvo. ss-lsoi
provided that such regulations by ordinance or otherwise shall be
reasonable and not in conflict w.i th the intended purpose of this
ordinance. This sha 11. inc lutle requiring the Franchisee to dispose
and deliver solid waste to a tlesignated 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 fox 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 pr vision of this franchise as inconsistent
with any existing ordinance, then such existing ordinance shall
prevail and control.
31. The Franchisee shall furnish to the City
~ a Payment bond executed by a suxefy licensed and authorized to do
business in the State of Florida in the amount o£ $l00, oo0.Op
Insuring the faithful payment and performance of the terms of this
oidina nee and executed by a surety company. Said Payment Bond 1s
in an amount deemed by the Ci<y 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.
2i. Liability. The Privileges herein granted are upon the
express conditions that the Franchisee shall be liable for all
da g s or injury to persons or property caused by its neglect or
mismanagement, or by the actions of any of its employees while
engaged in the operations herein authorized, or for any act loos or
proceedings brought as a result of the award of this franchise to
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Franchisee, to specifically include but not be limited to Anti-
trust actions or proceedings. Should the City of Longwood be sued
theref the Franchisee sha 11 be notified of such su and
thereupon it shall be its duty to defend the soot or at the Ci[y's
option to pay the legal fees of the City`s attorney to defend the
suit and should judgment go against the City in any such ca ,
Franchisee shall forthwith pay the same. The Franchisee shall
indemnify and save harmless the city, its agents, officers and
actions or proceeaings brought as a result of the award of this
franchise to Feanch isee, to specifically in<SUde but not limited to
Anti-trust actrons or proceedings, na shall pay all expenses,
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, 0,000 per accident, event ox occurren e, 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 thizty (30) days written
z3. The eranchi see sha t its sole expense,
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procure from all governmental aocnorities ha~inq 7urisaiotion over
certrf rcates, permits or o[her authorization wh rch may be necessary
for the conduct of i<s operations. The Franchisee mall pay all
tax licenses, certification, permit and examrnation fees and
excrses which may be assessed, levied, exacted or imposed on its
property, on its operations, on its gross receipts, and upon this
franchise and the r q s and privileges granted herein, and shall
make all applications, repoets and returns required in connection
therewitR.
24. orker's c The Franchise shall carry, with
an Insurance company authorized to transact busaness in the State
of Florida, a policy that fulfills all the requirements of the
Woekee's Compensation Act of said State, including all legal
requirements for occupational diseases.
occurring under this ortlina nce shall be made in whole or 1n pact 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 be liable under the Francnise.
collected and cha eges 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 facrlrtres are operated by The City, records of
~ Page 3
orainanee xo. ss-isor
rncoming wastes shall be marnta~nea by the city
the service year or portion thereof ending the previous September
oth. Said audit shall be prepared by an independent certified
public accountant complete with creditor's opinion which opinion
shall be subject to acceptance or rejection by the ity. Tne 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.
2~. nsolvencv. if the Franchisee becomes
rnsolven[ and in any event rf the Franchisee files a petition of
voluntary or involuntary bankruptcy, then this Franchise snail
Terminate in no event Sater than the date of filing f the
bankruptcy petition.
2e. pefavlt.
a. The failure on the part of the Franchisee to comply
in any substantial respect with any of the peovisions of this
ordrnance snail be grounds for a forfeiture of this franchise, but
no such forfeiture shall take effect until the City has served upon
the Franchisee wr.i tten notice of default, which notice shall set
forth the natvee and extent thereof. Sf a default can be
corrected, the Franchisee shall nave thirty (30) days following the
notice of default to correct the same. If the Franchisee protests
the reasonableness or propriety of the City's declaration, said
protest shall be served upon the City in writing within ten
days following receipt by the Franchisee of the City's notice
the reasonableness o propriety of the City's declara ti.on 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
determination of the reasonableness and propriety of the City's
pursuant to the Florida Arbitration Co hapter 682, Florida
~ Statutes.
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 [o resolve by mutual agreement. Nothing
contained herein shall be construed to limit or restrict the legal
rights and powers of the city or the Franchisee.
2s. au 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 tRe City of any breach of any
provisions hereof be taken or Reld to be a waiver of any succeeding
breach of such provision oc as a waiver of any provision itself.
30. In enaent Contractor. It is hereby understood and
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ordinance No. 99-1503
agreed that the Francnisee is an inaepenaent coniraotor ana not an
agent of the City.
31. Modification. 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 wrrtinq and signed by the parties hereto, and
32. Notace. As required for any purpose in this franchise,
notice shah be addressed ana sent by certif iea [In ited states mail
to the City and the Franchisee as follows:
CITY. Geraldine 0, Zambr.i, City Clerk
1"15 W. Warren Avenue
Longwood, Florida J2~50
anANexxsee. aracsa cre tree iaent
95'!2 Sidney N yes__xoad, suite 103
orlanao eleriaa 3
enone~ uoo~ e
33. Nemeaies, attornev~a ana All remea.ies
provided ~n thus franohiise anali ba deemed enmolat,we ana
additional and not •n lieu of or exclusive of each other or of any
other remedy available to the Ci[y at Iaw or 1n equity. In the
event the City shall prevail in any action arrsi ng hereund ,
Franchisee shall pay to the City its cos referable there<o,
me lading attorney's fees.
3c. c r ,na 1. n e Tnia franon ise agreement sna 11
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 according to the laws
of eloriaa.
35. Headinos. The headings of the sections of [his franchise
are for purposes of convenience only and snail not be deemed to
expand or limit the provisions contained in such sections.
3s. Waxxanty of Fxancnis ee. The Franchisee represents and
warrants unto the City that no officer, employee, or agent of the
City has any lntere either directly or indirectly, in the
business of Franchisee to be conducted hereunder.
37. Amendment. Tne 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 or
inter-local agreements, and the City reserves the right, in the
public interest from time to ti o presceibe reasonable rules
and regulations governing Franchisee's operations hereunder.
38. Publ'c Enti tv Cr No Franchisee or Contractor may be
person or affiliate identified on the Cepartment of General
services convicted vendor" Iist. This list is defined as
consisting of peesons or affiliates who are disqualified from
public contracting and purchasing process because they have been
f oun g y f p lic entity crime. 'rhe Franchisee is requared
to comply with Florida Statutes section 26"1.13], as amended, or its
successor. page i
orainance no. zs-iso3
_,_,,,_,__, rabi li y mhe: provi>>ons of Lhis ordir ance
are deo Lared to be sep ble and ny ecEion, sentenoe, cla~vse
or phrase oY th~.s ar r3 ~. 1 sny mason be Ife1fl to be
_nval id or unconst it r. 11 not affect the
va l.i. d.i ty of the ce.~~a,.e~. ~ _... ,ee, ol.auses and phrases
of this ordinance but they sh t r •n effe t be g na
Segislative inteai that thi., ordrna ace s nd nonritl~stendiny
the invalidity of eny part.
5 TIN THREE Effective Date. Tt'. r a take
e2fect upon £anal adoption anct ir_ ry i EY i.,e_.
The foregoing O e No. s- d the f e provided fo
therein all lthec terms 9ando cond itionsrthereof heeeby
pted andapproved d agreed to this ?S = a day of
.~rd~n6"~2 ~ F~ ..
CompanysNa e: ~('vt aet8-5 te:
ey:
6vgnature of owner or Authorized Agent
Print Name. A/~10M1"'^~ CZ-`]_ _