Ordinance 98-1395DRDINANCN �.__
AN ORDINANCE OF THE
CITY OF LONGWOOD, FLORIDA,
FOR THEG G OF A N - XCLDSIVE
ISE TO Cfli/soWe T6
COLLECTION FOR OF C L SOLID WASTE
IMPOSE ECR N TERNS, CONDITIO S A D REQUIREMENTS
RELATING TNG SEVERABILITY, CONFLICTS
AND AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY OF LONGWOOD, FLORIDA AS FOLLOWS:
SECTION ONE. There is hereby granted to CWx/soathland Waete
systems (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 term and subject to the following
limitations and conditions as hereinafter set forth.
city" shall mean the City of Longwood, Florida, a
b. "Franchisee" shall mean the individual, partnership
or corporation who/which agrees, as hereinafter provided to perform
the work or service, or t0 furnish materials or equipment, or both
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 ana
source separated or have been removed from the solid waste stream
for sale, use, or reuse as raw materials, whether or no[ the
materials require subsequent processing or separation from each
other, but does not include materials destined For any use that
processed, or disposed of in any other way, according to an
ordeely, 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 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. TTe term tloes
not include recovered materials processing facilities which meet
the requirements of FS s. 405.7046(4) except the portion of
facilities, if any, that is used for the management of (are
f. solid waste" shall mean sludge unregulated under
the federal clean water act or clean air act, sludge from a waste
treatment wor ater supply Treatment plant, or ai, pollution
control facility, or includes garbage, rubbish, efu , special
waste, or other discarded material, including solid, liquid,
s emrso lid, of contained gaseous material resulting from domestic,
industrial, commercial, mining, agricultural, or governmental
operations. Recovered materials as defined in FS s.40I.7G3(7) are
not solid —It-
9. Commercial —,blilhIl—' means I P-PlIty 11
properties —d - used f., --i.1 I, industrial — I, used
by an entity exempt from taxation under s. 501(l)(3) If the
1-- R—I— Code, III .-Ild— property or properties 1111d 11
..d for single-family residential or multifamily residential I.—
i,,I.di,g, but not limited t,, steel glass, brick,
—ph— roofing material, pi- gyp— wallboard, and
I.b.,, f... the construction or d.--ti.b of I structure as part
of I construction If demolition project, and including rocks,
for I construction P1.3— including such debris from construction
project site. --9 of construction and d—iliti.n debris with
.it., types If —lid waste, including material from I construction
destruction If I structure, will 11— it I. b. classified as other
than construction ..d demolition debris.
I."C.—i—l" —11 111, any portable, --b ... b—
enclosed container witb . close fitting ... I, d—, --d
by the Health D.pI,t..It and the City, which i. used t. store 1.,gI
volumes If --- It .— b. capable If being I ...iced by
mechanical equipment.
j ."special 1--l' T— —lid -- that can requite
special handling and b——ht, including, but not limited t.,
-it. g—, --d tires, used oil, lead -acid batteries,
construction and demolition debris, III, 1—id., yard trash, and
k. Biomedical waste —bs any solid waste ., liquid
waste which may present a threat of infection t, humans. The term
ib—dh, but i, not limited t, non -liquid human tissue and body
P.1t, laboratory and -t-i-ly .1— which contain human-drsease-
causing bt, discarded disposable —,,; human blood, and human
opinion of the department of Health and Rehabilitative Services
represent a significant risk of ih—ti.n t. pb—... --id, the
generating facility. The t... does not include human remains that
are di-— of by persons licensed —d- chapter 470.
1. -Biomedical ..t. ...- . facility or
p.—h that p,-- ., -- biomedical —t- The term
includes, but is not limited t, hospitals, skilled nursing oe
---ht hospitals, intermecare facilities, clinics,
diate
di,ly,is clinics, dental offices, health surgical clinics, medical buildings, physicians' offices,
veterinary clinics, and f,-- homes.
m. Biological waste means —id -- thcauses or
at
-t i, not limited t., biomedical was diseased — dead animals,
and other .,t., —P-1e of transmitting pathogens t. --, .,
animals. The term does not include human remains that are disposed
If by persons licensed under chapter 470.
0f soil amendment, 0r any combination of such materials.
0. 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 meets the conditions of FS s.
403.7045(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.
g. "pelletized paper waste" mean pellets produced
exclusively from discarded paper which is derived from a solid
waste management facility 0r a recovered materials processing
facility and which is shredded, extruded, 0r formulated into
compact pellet' If various sizes for The use as a supplemental fuel
in nerm,tted boilers other than waste-to-enerov facilities. The
other than waste -to -energy facilities may be used by local
governments as credits toward the goals for reduction If solid
waste pursuant t0 FS s. 403.716(4)(8).
r. Source separated" means the recovered materials are
separated from solid waste where the recovered materials and solid
—t. are generated. The — — not —. that —i— types
of recovered dhtI,ihld be separated f... each other and recognizes
de minimis —lid waste, in —Id— with industry --Id. and
practices, may b, ih-- in the recovered --i—,
—1-- —, , —1.—g the effective —d hereof provided,
however, the City I-- the right to terminate the ..e prior
thereto if The Franchisee defaults in any one If the terms and
ththiti.— herein
h. On this Franchise hhll be
automatically --d f., an additional I— on i-9
the following aember 3 9 provided the F—hthil— —11
—, written application for said —Ih—h at least 30 days prior
to It, teemination. N. further extensions shall be granted without
city commission approval.
Collection Services in the City If Longwood, which —11 be an
—1—i— right t. the Th. Contractor shall b.
responsible for billing and collection If C.ddd,tial Solid W—,
may If— or provide Commercial Solid Waste Collection --I in
the City If Longwood. No --tdihl establishment within the City
shall utilize the services of a collector not holding a --hi.
from the City. Violations of this section —11 be enforced by the
City by 119.1 action seeking injunctive relief and d—g—
c. ibi... --i— The Franchisee shall —k.
collections at all commercial establishments subject to the t....
of this oedinance and at sufficient i--, --y t. P—b—
($50.00) —11 b. —d for each --hi. application to coves
associated administrative costs.
6. Hours. Collections It'll b, .— lb-- 7:00 .... and
7:00 p... —1— different times are approved by the City.
7. lbt=. The Franchisee —11 not litter premises in the
process of making collections and —11 promptly pick up all
,, —b—1 or debris that may b. bbItt— -- the
--ib— during the
--ib— .—d
for collection of —lid -- from commercial establishments —11
be standard manufactured -type mechanically --d container
compatible with the private commercial b.11 —b— servicing
equipment. ClItli-- b—I be placed at 1—tibt, readily
,—i— t. fl—hi...'. P.I.—I, C.—ib— —11 b. located
.p— private property unless the use of public property i, approved
by the City. Violations of this section —11 constitute a breach
and --t of this agreement. The type of b.btbib., used, ., the
location thereof, may —y f..m the provisions of this section if
.Ppl.,.d it writing by the City If Longwood, Florida
establishments —It be —b— S.P—tbd at the premises of the
---i —JI—h—t Plill to collection by I properly
certified recovered I--
10. Raa-d--Mat-ial, C.11—ti— If special and h—b—b
materials shall be in strict —Pli—. with all federal, —t,
and local 1-1 and regulations. Said --i— shall be stored and
placed in . manner approved by the ,i— regulatory agency,
i..., EDER, U.S. EPA, etc., and the City If Longwood.
a. The Franchisee —11 provide an adequate —.b., If
vehicles for -g— --ti.b sere rces. They shall be kept in
good —, appearance, and ib . sanitary condition It all
Each —bi— —11 have clearly —i— the -- and ph— number
of the -b—his.. and —hi— number not — than t—SI i—h—
(1211) iI height on the eear and each bid..
b. Franchisee shall certify t. the City I— the
commencement If each f1bb—b. year the description and quantity If
t. Each I.PPE-1 —11 be systematically .—Id, in .
manner approved by the City to identify it. -p-ity in yardage,
scheduled d— If pickup and its lb—p—, number i—, 6, -F,
452 —.1d be a six (6) yard A—pt—, to be picked up
bbb—bly and Friday and it would be —p—, b.,b,, 452
City may q'i'. promptly upon receipt of a —ib, from the City
—,i,i, a change of container —king..
12. The Ft —hi— bb,II establish and maintain
I. —I office or such bl— facilities through which it can I.
.bd.. It —11 be equipped with sufficient t—pbbb—, shall have
—p—i— person in th-9e during collection hours d
shall be bpbb during collection --
A. — contained, ., —I—d that leaking, spilling or blowing ...
,b—t— In the event f any spillage, I —it, ., blowing of
.bt—i— from truck, the Franchisee —11 immediately bl.— up the
14. All —lid —t. for di-— —11 b. hauled
to FIER approved lit- or facilities 1.9.11Y approved to accept it
for tt—tb— or disposal and designated as ., approved site by the
City. All recovered --t— must b. processed at a certified
,bbb—d --i— P—t—, facility.
I,. All charges and -- for the
commercial 1111—ti., of 9.1b.g. —11 b. — by the Franchisee in
negotiation with the commercial establishment requiring the
service. Rb— and --g— —11 not be — by the City.
is. _akron and menu
a. For the privilege of b.1—tibg —lid -- from
commercial establishments within the City, b—lib, t franchise
from the City and for the use of the City streets, the franchised
collectoe th— pay to the City, 1 11, equal to twenty Percent
(4) tame p., y..,, on ..,bh 11, 1... 11, S,-- 15, and
except the fit- payment if the first period i. — than
three ..bth., ih which c— payment —11 be prorated. Payment
,hill be directed t. the City Finance Division. Such fees shall
not i.bl.de f... generated f... the collection of recovered
b. Franchisee, in further consideration f tTe franchise,
—11 ..ke its financial records available t. the City in
accordance with procedures established from ti.e to time by the
City. The fbes paid pursuant t. this Section bh.11 not be tdas
-
, -- it— on the customer s —U—ti.h bills, but rather
". H-i, Al.bq with the quarterly remittance of the
franchise —, the F—Ibi— shall provide the City with , report.
Said —p— shall b. in a hard ..PY f.— The lbpbit 1-1 include
such information as the City may reasonably require so as to ensure
proper tef— 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
p) customer , —ine„ Ad --
(l) Customer's Telephone Number
(4) Container(,) Number (s)
(5) Contai eer(s) Capacity
(5) Compactor(,)
(7) Pick-up Schedule for Containers and Compactors
(8) Nomber of Pick-ups for all Containers and Compactors
(9) Franchisee Fee
— Notification. The Franchisee shall notify all customers
about regulations and days of collection.
19. Franchisee P
I. 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 bearing the company�s name.
c. Each employee sha11, 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
discipline of any employee of the Franchisee who violates any
provision hereof or who is wanton, negligent, or dis coorteous in
e. The Franchisee shall provide operating and safety
training £or a11. personnel and shall certify same to the City
annually upon renewal of this Franchise.
f. The Franchisee shall comply with the Eq-1
Employment Opportunity Program, the Fair Labor Standards ACT and
all other applicable Federal and State Statutes pertaining to Fair
EmploYment practices.
20. Franc Fg i pm nt.
a. All trucks or other vehicles operated by the
Franchisee in the City 1ha11 be subject t , and shall immediately
submit to spot, on the road inspections by the City or its agent
and if found to be —f., 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 after
inspections may be grounds for 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. C lia— within La The right is hereby reserved for
the City to adopt, in addition to the provisions herein contained
and existing applicable ordinances, such additional regulations as
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 £ranchisee
shall conduct operations under this ordinance an compliance with
all applicable laws and interlocal 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 existing ordinance, then such existing ordinance shall
The Franchisee shall furnish to the City
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 eond 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
23. ldjaab ty. The privileges herein granted are upon the
express conditions that the Franchisee shall be liable for all
damages 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 actions or
proceedings brought as a result of the award of this franchise to
Franchisee, to specifically include but not be limited to Anti-
trust actions 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 — legal fees of the City" attorney to defend the
suit and should judgment go against the City in any such case,
Franchisee shall forthwith pay the same. The Franchisee sha11
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 reasoh of any of the
Franchisee's 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, nd shall pay all expenses,
including costs and attorney'. 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
55, 0 pee accident, event or occurren aming 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 shall be filed with the City Clerk on or before
the effective date of this franchise.
24. 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,
certificates, permits or other authorization which may be necessary
for the conduct of its operations. The Franchisee shall pay all
tax icens certification, permit and examination fees and
excises which may be assess. d, lh—d, h.it,d or imposed on its
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.
25. on. The Franchise shall carry, with
an insurance company authorized to transact business in the State
requirements for occupational diseases.
26. As eivnment. 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 be liable under the Franchise.
a. The Franchisee shall keep records of wastes
collected and charges 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 facilities are operated by the City, records of
incoming wastes shall be maintained by the City. The Franchisee
will be r ponsi— for the monthly billing of the customer.
b. Franchisee --11 furnish the City Fib— Division
with .. annual audit, due — --- 15 of each —1—d— year, for
the .—i.. year or portion thereof ending the previous September
Said audit —11 b. prepared by an i—p—b certified
public —.—bt b.,pl.tb with bbbdit.— opinion which bbi,i,,
—11 be subject t. acceptance or rejection by the City. The —it
—11 reflect the --by and —Pl—bbll of the information
provided the City by the Franchisee including detailed data and
computation —bb—ibg the franchise fee.
voluntary ., ib---y —k—p-, — this —b—.. —11
terminate ib no event l—, than the —C of filing of the
bankruptcy petition.
a. The —1— — the part of the Franchisee t. —ply
in any substa nt tal —t with any of the P—Ii—b, of this
.,di-- shall b, grounds for a forfeiture of this f—bb—, but
— such forfeiture —11 t— —,bt until the City has served upon
forth the -- and --bt thereof
the reasonableness .r p,bb,i-y of the City', declaration, said
—t shall be --d upon the City in writing within — (10)
d following receipt by the Franchisee of the Cityls —ice.
b. If the City and the Franchisee cannot agree as to
the reasonableness .1 propriety of the City's declaration of
default, then the issue sha11 be promptly submitted to binding
arbitration. Three qualified arbitrators ,hall constitute a Board
of Arbitration, one arbitrator to be selected by the City, one by
the Franchisee and one by the arbitrators so selected. The Board
of Arbitrators shall notify the City and the Franchisee of their
determination of the seasonableness and propriety of the City',
declaration of default not later than thirty (30) days fallowing
submission of the issue to the Board. Arbitration shall be
pursuant to the Florida Arbitration Code, Chapter 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 to resolve by mutual agreement. Nothing
contained herein shall be construed to limit or restrict the 1ega1
rights and powers of the City oe the Franchisee.
I0. Right t Require P The failure of the City at
any time to require performance by the Franchisee of any provisions
hereof sha11 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.
11, x It r, hereby nderetood and
agreed that the Franchisee is an independent contractor and not an
agent of the City.
3z. x 'This franchise Constit„tes the enure
agreement and understanding between the parties hereto, and it
shall not be considered modifi , altered, changed or amended in
any respect unless in writing and signed by the parties hereto, and
adopted as an amending franchise ordinance.
33. Sq_t_i . As required for any purpose in this franchise,
notice shall be addressed and sent by certified United States mail
I. the City and the Franchisee as —lb-
CITY: CITY. Ceraldine D. C—bri, City Cl-
- W. Warren Avenue
Longwood, Florida 3275D
34. EgMadjea. Att.rn—,d C,Ctl. All remedies
provided in this franchise shall 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 — in equity. In the
event the City shall prevail in any Cti.I arising hereunder,
Franchisee shall pay to the City its Cos t., referable thereto,
including attorneys fees.
35. d 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 be interpreted according to the laws
are for purposes of convenience only and shall not be deemed to
expand or limit the provisions contained in such sections.
37. Warranty o an The Franchisee represents and
warrants unto the City that no officer, employee, or agent of the
City has any interest, either directly or indirectly, in the
business of Franchisee to be conducted hereunder.
38. Amendme The City reserves the right to amend this
ordinance in any manner necessary for the health, safety, welfare
of — public or to comply with laws, statutes, regulations or
rnterlocal agreements, and the City reserves the right, in the
public interest from time to time, to prescribe Beason — rules
and regulations governing Franchisee's operations hereunder.
39. Public Entity Crimes No Franchisee or Contractor may be
a person or affiliate identified on the department of General
Services convicted vendor" list. This list is defined as
consisting of persons or affiliates who are disqualified from
public contracting and purchasing process because they have been
found guilty of a public entity crime. The Franchisee is required
I"y
are declared to E. —,—blb and if any --i sentence, clause
or phrase of this Ildit.— b—I for any ...son be held to be
invalid or unconstrtutiona 1, .bh S.bisi.. —11 not affect the
validity of the remaining sections, -- II.— and phrases
.f this —i—D but they —11 eemaln in effect, it being the
legislative intent that this —!-- shall stand notwithstanding
the invalidity of any part.
— - I"." i". ISIS. This ordinance .—I take
effect upon final adoption . acceptance by the --hi—
:NC,E,C,0,'NEA '''Z,I:: JJ �, �; ZN9 9
PASSED AND ADOPTED THIS 4,,ZDAY OF�—
harles C. Miles, IIS, S,D,
ATTEST:
lain N. Ir-I Ilty 1-0
Approved a
t, 1.r, d legality for use and by the City
of Longwood,
'iacT<--d A Tay r., City Attorney