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Ordinance 98-1418ORIGINAL anD=NAr.~e No. sa_~,~a ~~ 0E IT ENACTED BY THE CITY OF LONGWOOD, FLORIDA AS FOLLOWS. N ONE. There is hereby granted to alorv a necycl'n o s (herein called [he 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 term and subject to "City" shall mean the City of Longwood, Florida, a municipal corporation. b. "Franchisee" shall mean the individual, partnership or corporation who/wh SCh ageees, as hereinafter provided to perform the work or service, or to furnish materials or equipment, or both as set forth in this franchise. for sale, use, or tense as raw materials, wnmcner or not the materials require subsequent processing or separation from each other, but does not Inc lode materials destined for any use that not solid waste. d. "Solid waste management" shall mean the peocess by which solitl waste is collected, transported, stored, separated, processed, or disposed of in any other way, accord inq to an orderly, purposeful, and planned program which includes closure and 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 City, the purpose of which is resource recovery or the tlisposa 1, recycling, processing, or storage of solid waste. Tne term does not include recover ea materials processing faci ii ties which meet the requirements of Fs s. 401.1046 (4) except the portion of facilities, if any, that is used for the management of [are managing sac.] solid waste. f. Solid waste shall mean sludge unregulated under the federal clean water act or clean art a lodge from a waste treatment works, water supply treatment plant, or art pollution control facility, or includes garbage, rubbish, refuse, special semrsol id, of contained gaseous material resulting Crom domestic, industrial, <ommerc is 1, mining, agricultural, or governmental operationa. aeooverea materials as aefinea in as a.aol.io3 (~~ are no[ solid waste. g. Commercial establishment" means property or properties zoned or used foe commercial or intlustrial uses, or used by an entity exempt Erom taxation under s. 501(c)(l) 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 g enexa lly consideeea to be not water soluble and nonhazardous in natur including, but not limited to, steel glass, brick, concre asphalt roofing ma[eiial, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction of demolition project, antl including roc , soils, teee remains, tre and other vegetative matter which normally results from land clearing or lantl development operations foe a construction project including such debris from construction of structures at a site remote from the construction or demolition project site. Mixing of construction and demolition debris with other types of solid was ncluding material feom a construction 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 mint be capable of being serviced by mechanical equipment. j. "Special Waste" means solid wastes that can requira special handling and management, including, but not limited to, k. Biomedical waste" means any solid waste or liquid waste which may present a threat of infection to humans. The Cerm includes, but is not limited t on-liquid human tvs sue and body parts; laboratory and veterinary waste which contain human-disease- causing agents; discarded disposable sharps; human blood, and buman blood products and body fluids; and other materials which in the includes, but is not limited te, hospita l.s, ski lied nuxsinq or convalescent hospitals, vote rmediate care facilities, clinics, dialysis clinics, dental. offices, health mavntena nce organizations, surgical elvna medical buildings, physicians' offices, laboratories, veterinary clinics, and funeral homes. m. Bvological waste" means solid waste that causes or has the capabiliCy of causing vsease or infection and includes, but is not 1.imitea to, biomeaieal was aiseasea or aeaa animals, and other wastes capable of transmitting pathogens Co humans or animals. The Term does not inclutle human remains that are disposed of by peesons licensed under chapter 4]0. n. "Materials eecovery facility" means a solid waste waste of recyclable materials, materials suitable for use as a fuel of soil amendment, or anY combination of such materials. o. Recovered materials processing facility" means a f acili tY engaged solely Sn the storage, processing, wale, or reuse of recovered materials. Such a facility is not a solid waste management facility if it meets the conditions of FS s. 403."l045(1)(f). p. Ash Residue has the same meaning as the term is defined in the department rule on solid waste combustors which defines such term. 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, extended, or foxmul ated into compact pellets of various saws for the use as a supplemental fuel in permitted boilers other than 'da ste-to-energy facilities. The waste pursuant to Fs s. 4o3.~o5 r, source separates means the recovered materials are separated from solid waste where the recovered materials and solid waste are generated. The term does not. require that varrous types of recovered materials be separated from each other and recognizes de minim is solid was , n accordance with industry standards and practices, may be included in the recovered ma[erial s. 2. m rm. a. The term of this franchise shall terminate on ~eo~~mbe>-3:,_y,9s8_, fo l3ow ing the eff ectrve date hereof provided, however, the City eeserves the right to termrnate the same prior thereto if the kranchrsee tlef dolts in any one of the terms and conditions herein specified. b. On October 1 ;998, this Franchise shall be automatically extended for an additional term o r expiring the following 5 999, provided the Franchisee shall make written application for said extension at least 7o days prior to its termrnation. No furthee extensions shall be granted without City Commission approval. ~. servrcee provia a by e a. Franchisee(s) shall provide Commercial So Zia Waste Collection Services rn the City of Longwood, which shall be an exclusive right Co Che Franchrsee(s). The Contractor shall be responsible for billing and collection of Commercial Solid Waste collection services and disposal costs. a. No other person or entity ex p the Pranch rsee(s) may offer or provide commercial solid waste collection service in the City of Longwood. No commercial establishment within the City shall utilize the services of a collector not holding a franchise collections at all commeec.l al establishments subject to the terms of this oedinance and at sufficient intervals necessary to perform adequate services and to protect the environment. 5. _ranchi_e Process lee A fee of fifty dollars ($S O. oo) shall be charged for each franchise application to cover associated administrative costs. 6. y¢µt~. Collections shall be made between ].DO a.m. antl ].00 p. m, unless different times are approved by the City. for collection of solid waste from commercial establishments shall be standard manufactured-type mechanically served containers, compatible with the private commercial collector's servicing equipment. containers shall be pia ced at locations readily accessible to franchisee'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 agreement. The type of container us r the location thereof, may vary from the provisions of this section if approved in writing by the City of Longwood, Florida. s. ascaxe e m establ.i shments must be source separated at the premises of the commercial establishment prior to collection by a properly cercifiea reco~erea materials aealer. 10. flazastds4sllaLeLla1~. Collection of special and hazardous materials shall be in strrct compliance with all fea eral, state, and local laws and regulations. Said materials shall be stored and placed in a manner approved by the appropriate regulatory agency, 1. ~ .E. EPA, etc., and the City of Longwood. 11. i a. The Franchisee shall provide an adequate number of vehicles for regulae collection sere rtes. They shall be kept in good repai appearance, and in a sanitary condition at all trmes. Each vehicle shall have clearly vrsible the name and phone number Franchisee shall certify to the City upon the servr<es and backup in the event of any breakdowns. c. Each dumpster shall be systematically marked, rn a manner approved by the City to identify its capacity in yardage, scheduled date of pickup and its dump er number" i. e., 6, Mw F, 452 would be a six (6) Yard dumpster, Co be picked up Monday, Wednesday and Friday and it would be dumpster number 452. such City may require promptly upon receipt of a notice feom the City contacted, where servrce may be applied foe, and complaints can be made. It shall be equipped with sufficient telephones, shall have one (1) responsible person in charge during collection hours and shall be open during collection Fours. ll. Hauling. 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 14. Oisnosal. A11 solid waste for disposal shall be hauled to FpER approved sites or facilities legally approved to accept it far treatment or disposal and tlesignated as an approved site by the City. All recoveretl materials must be processed ai a certified recovered materials processing facility. commercial collection of garbage shall be set by the Franchisee in negotiation with the commercial establishment requiring the ser~iee. rates ana cnargea shall not be set by the city. 16. o pensation Payment. a. For the privilege of collecting solid waste from commercial establishments within the City, securing a franchise from the City and for the use of the City streets, the franchised collector shall pay to the City, aum equal to twenty percent (20&) of the gross revenue from all sources related to the franchisee's operations vn the city, tnclutling fees, charges, rental of equipment, and funds paid outside the City Eor hauling materials from the City. Payment to the City shall be made four (4) times per year, on March 15, June 15, September 15, and December 1 for three (3) 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 b accordance with peocedures established from time to time by the City. The fees paid pursuant to this Section shall not be added as a separate atem on the customer s collection bills, but rather shall be considered as an operational expense. 15. B€BSits. Along with the quarterly remittance of the feanchise fee, the Franchisee shall provide the City with a report. Sala report shall be in a hard copy form. The report shall include such information as the City may reasonably require so as to encore proper refuse servrce to all commeec ial establishments wrthrn the City and so as to ensure Franchisee's compliance with the terms and conaitlons of this report. Each report shah contarn as a mrnrmum. (~) Pick-up schedule For containers and compactors (e) Number of Pick-ups for all Containers and Compactors (9) Franchisee Fee 18. N atron. The Franchisee shall notify all customers about regulations and days of collection. 19. Franchisee Personn a. The Franchisee shall assign a qualified person or persons to be in charge of his operations in the City and shall Fra n<hisee`s collection employees sha 11 wear a clean The City may request the dism.i ssal 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 shall provide opeeating and safety training for all peesonnel and shall certify same to the City annually upon renewal of this Franchise. f. The Franchisee shall comp SY w.i th the Equal Employment Oppoetunity Program, the Fair Labor Standards Act and all other applicable Federal and State Statutes pertaining Co Farr a. All trucks oe other vehicles operated by the Franchisee in the City shall be subject to, antl 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 repaired and is successfully b. The use of vehicles failing to meet standards aftee Inspections may be grounds foe 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. 21. anc n laws. the right is hereby reserved far the City to adopt, an addition to the provisions herein contained and existing applicable ordinances, such additional regulations as it shall find necessaey in the exercise of the pol.i ce power, provided that such requ la tions by ordinance or otherwise shall be ord.ina nce. This shall intrude requiring the Franchisee to a p e and deliver solid waste to a designated facility. The Franchisee shall conduct operations under this ordinance in compliance with all applicable laws and interlocal agreements between the City and seminole County for solid waste management antl its failure to comply shall constitute a default hereunder. This franchise shall not be construed to repeal or revise any exisiing ordinance and to the extent that any provis ion of this franchise is inconsistent with any existing ordinance, then such existing ordinance shall prevail and control. 22. Pavment Bond. The Franchisee shall furnish to the City a Payment Bond executed by a surety licensed and authoeited 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 as in an amount deemed by the City and the Feanch isee to be reasonable and necessary to enable the City to ensure all franchise fees due and payable hereunder and paid as and when due. 23. ~_v. The privileges herein granted aee upon the express conditions that the Franchisee shall be liable for all damages oe injury to persons or pc operty caused by its neglect or mismanagement, r by the actions of any of its employees while engaged in the operations herein authorived, or for any actions or proceetlings brought as a result of the award of this franchise io Franchisee, to specif rally incluae but not be limited to Anti- trust actions or peoceed ings. Should the City of Longwood be sued thereupon it shall be its duty to defend the suit or at the City's option to pay [he legal fees of the City's attorney to defend the suit and should judgment go against the City 1n any such ca , 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 proceedinys brought as a result of the awaed of this f eanchise to Franchisee, to specifically include but not limited to Anti-trust actions or peoceedings, and shall pay all expenses, or employees. Franch i.,ee further ageee to puecnase comprehensive public liability and pxopezty damage insurance in the amount of $5,000,oOO per accident, event or oc<urren aminq the city as an additional insured to the extent of its rights against Franchisee arising by virtue of this section. Tne 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 snail be filed with the City Clerk on or before the effect.i ve date of this franchise. 24. _ nses. The Franchisee snail, at i<s sole expense, procure erom all govarnmencal authorities hamming jur iaaiction over certificates, permits or other authorivation which may be necessary foe the conduct of its ope [a ti ons. The Franchisee shall pay all taxee, keens certifioacion, permit ana examination feee ana excises which may be assess evi xacted or imposed on its p[operty, on Its operations, on its gross receipts, and upon this The Fea nch ise shall Carey, with occurring under this ordinance shall 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 be liable under the Franchise. collected and charges therefor, and the City shall have the right to review those records which in any way Pertain Yo the payments due it as well as the b.il ling of all customers by the Franchisee. If disposal facilities aee operated by the City, records of incoming wastes shall be marntaaned by the City the service year or portion thereof ending the previous 14th. 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 City. The audit shall reflect the accuracy and completeness of the information provided the City by the Franchisee including detailed data and c mp cation concerning the franchise fee. 28. Bankrupyyy or Insolve If the Franchisee becomes insolvent and in any event if the Franchisee files a petition of voluntary oe lnvo luntary bankruptcy, then this franchise shall term,nate ,n no evene later than the aace or filing f the bankruptcy petition. 29. q€P3yly,. a. The failure on the part of the eranchisee to comply in any substantial eespect with any of the provisions of this ordinance shall be geounds for a forfeiture of this franchise, but no such forfeiture shall take effect until the City Pas served upon the Franchisee written notice of default, which notice sha 11 set the reasonableness or propeiety of the City's declara ti a1d protest shall be served upon the City in writing within ten (IO) days following receipt by the Franchisee of the City's notice. 4. Zf the ciey ana the erannnisee eannee agree ae to the reasonableness o propr.i ety of the City's declaration of default, then the i.,sue shall be promptly submitted to bind i.ng arbitration. Three qua Si.f ied arbitrators shal.i constitute a Board of Arbitration, one arDiteator to De selected by the City, one by the Franchisee and one by the arbitrators so selected. The Hoard of Arbitrators shall notify the City and the Franchisee of their declaration of default not later than thirty (IO) days fol3owi ng anbmiseion of the issue to the Hoara. Arbitration shall be pursuant to the Florida Arbitration co chapter 6 2, elor iaa c. The purpose oY this section is to enable the City and the Franchisee to resolve by arbitration such diff eeences as they may be unable to resolve by mutual agreement. Nothing contained herein shall be construed to limit or restrict the legal sights and powers of the City oe the Franchisee. J0. A1gAL~9 ~' rm~cg. The failure of Che 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 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. ] $ n Zt is hereby understood and ~. agreed that the Franchisee is an independent contractor ana not an agent of the City. J2. Modification. This franchise constitutes the entice agreement ana understanding between the parties nereto, ana i< shall not be considered modifi alteretl, cha nged or amended in any respect unless in writing and signed by the parties nereco, and adopted as an amending francnise ordinance. 33. N9Sdt€. As required for anv pu epose in this francnise, notice shall be addressed and sent by certified United States mail co ina cicv ana ine Franchisee ae eollows: exTV. caralaine o. zambri, cicv clerb songwooa, eloriaa 3nso iaa J n pb e i Ja. nev's F~~s___ana_c cs. All remeaiee pro~iaea in chic francnise shall be aeemea o~m~iaci~e ana aaaicional ana not in lice of or exmnei~e oe eaen ocher or of anv otner remeay mailable to the city at law or in eq~icv. xn the event the City shall peevail in any action arrsing hereunder, Franchisee shall pay to the City Its casts, referable thereto, i nc lua.ing attar neY's fees. l5. o~ern aw and len~e This franchise agreement shall 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 ae anterpret ea according to the laws of Florida. 36. ry~ypg,5. The headings of the sections of this franchise are for purposes of convenrence only and shall not be deemed to City has any interest, either directly or indirectly, in the business of Franchisee to be conducted hereunder. ~a. Amendment. 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, statutes, regulations oe lntezlocal ageeements, and the City reserves the right, in the person or affiliate ldentif ied on the Department of General services convictea venaor" list. Tnis list ie aefinea as consisting of persons or affiliates who are disqualified from public contracting and purchasing peocess because they have been found guilty of a public entity crime. The Franchisee is req area to comply with Florida statutes section 287.1 1, s amend r its SECTZ42l1R?R~ The provisions of this ordinance are declared to be separable and if any section, sentence, clause oe phrase of this ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sect.i ons, sentences, clauses and phrases of this ordinance but they shall remain in effect, it being the legislative intent that this ordinance shall stand notvithsta na ing the invalidity of any part. 5gG ~ ai,e. This ordinance shall take effect upon final adoption and up/o/n~~acceptance by the Franchisee. FIRST READIN (/L E /j- ~7 ~~/ ND READING: ~e~ ~/f 9~ PASSED AND ADOPTED TH~UAY OF ~/°w~, ~?~ S/L~N~+~i~s-- Charles c. Miles, III, Mayor ct ~ C Geraldine D. $ m4ri City clerk Approved a o form and legality foe use and eeliance by the City of Longwood,tFl oritla, ^ '.. -! R ~a s --___- ~ rayior, I~~ it~t y Attoeney The fozegoinq Ordinance No. 9Q=191 and the E nch ise provided for therein and all the e and rthereof a reby cepted[ approved 1 98zm agzeed e to ltthis 15th Le day of company Name: Florida rzea inc /iiiino a v /.e HY: \ signaTt a of own Autpori• d Agent ~_ J PLint Name. Jr.