Ordinance 97-1390ORIGINAL
'f lz
AN ORDINANCE
O ECITY OF LONGWOOD,
IDING GRANTI NO N-E%CLOSIVE
ISE'POC ZS_SYs I FOR THE OLLECTION O MMERCIALSOLID WASTE,
IMPOSE CERTAIN TERMS F CONDITIONS AND REQUIREMENTS
REDATING
THERETO; PROVIDING SEVERABILITY, CONFLICTS
AND ANEFFECTIVE DATE.
BE IT ENACTED BY THE CITY OF LONGWOOD, FLORIDA AS FOLLOWS.
NE. There is hereby granted to a. to by„s T.e.�gi
(A ere in called the
Franchisee"), its ..uccessors antl assigns, a non exclusive right,
privilege or franchise to collect solid waste materials Irom
COmmerCial establishments within the City of Longwood, Seminole
County, Florida, during the teem and subject to the following
I
C. "FeancM1isee" shall mean the individual, partnership
or corporation who/which agrees, as hereinafter pr—i— to perform
r, materials require subsequent processing or separation from each
other, but does not include materials destined for any use that-
tit- disposal. Recovered materials as described above are
not solid waste.
d. "Solid waste management" shall mean the process by
which solid waste is collected, transported, stored, separated,
processed, or disposed of in any other way, according to an
orderly, purposeful, and planned program which includes closure and
long-term maintenance.
e. Solid waste nanagemeni facility" shall mean a solid
waste disposal area, volume reduction plant, transfer stati ,
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
noC include recovered materials processing facilities which meet
the requirements of FS e. 403.7046(4) except th portion of
facilities, if any, that is used for tM1e management of [are
managing sic.] solid warts.
treatment works, water supply Treatment plant, or air pollution
control facility, or includes garbage, rubbish, refuse, special
l ndustrial, commercial, mr ning, agricultural, or governmental
operations. Recovered materials as def i ned in Fs s.403.703(7) are
not solid waste.
g. commerce el este blLshment" means p p rty or
properties zoned or used for commercial or industrial uses, or used
by an entity exempt from taxation under s.—(c)(3) - the
Internal Revenue Co and excludes property oz properties zoned or
used for single-family residential or multifamily residential uses.
n. construction and demolition debris" means materials
genezally considered to be not water soluble and nonhaeardous in
nature, including, but not limited tb, steel glass, brick,
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 remai trees, and other vegetative matter which
normally results from land clearing or land development operations
for a construction project including such debris from construction
of structures a[ a site rembtd from the construction or demolition
project site, Mixing of construction and demolition debris with
other types of solid wa see, including material from a construction
I. Container shall mean any portable, nonabsorbent
enclosed container with a close fitting cover, or doors, approved
y the Health o p tment and the City, which I. u.,ed to store large
volumes of refuse. It must be capable of being serviced by
mechanical equipment.
j ."special ti---- —lid b, that can require
special —dli, and management, i,,b—i but not limited tb,
—t. goods, .,— - used oil, lead -acid batters
construction and demolition debris, —1, 1—d—, y.,d trash, and
biological wastes.
k. '5i—di— .—I" —, any —lid ... t. or liquid
waste which may P1.1-1 . threat of infection to 1,-- The tb,.
ib,I.d.,, but i, not limited t., --hlid human tissue and body
—,i, ,t,; discarded —p-- sharps; h— blood, and human
blood products and body fluids; and —.1 materials which in the
opinion of the department of Health and Rehabilitative Services
represent , significant —b of infection to p—, outside the
generating facility. The t— does not i—I.d. human ... —, that
are —p— of by pb—, --d —d- chapter —.
1. --di— writ generator" -- , facility
includes, but is not limited t., hospitals, —1— b-1, or
convalescent hospitals, i,,--dicare facilities, clinics,
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dialysis clinios, lb —I off leas, health maintenance organic ations,
surgical "i—, medical buildings, physicians' —i—"
----y clinics, and f—b-1 hb.—
m.lbi—gi— waste means so lid -- thcauses or
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has the —p—lity of causing disease infection and i--.,
but is not limited t., biomedical --, diseased ., dead —i-1,
and other —t— I.P-1. of transmitting pathogens t. huor
mans
�. animals. She term does not .include human rema ins that are disposed
of by persons licensed under chapter 470.
n. Materials recovery facility" means a solid waste
management facility that provides for the extraction from solid
waste of recyclable materials, materials suitable for use as a fuel
of soil amendment, or —Y combination of such materials.
o. '•Recovered materta is processing facility" means a
facility .ng g solely in the storage, pe ...sing, resa e
reuse of recovered materials, such a facility is not a solid waste
management facility if it meets the conditions of Fs s.
defines such term.
g. ••Pelletized paper waste —I pellets produced
exclusively from discarded paper which is derived from a solid
waste management facility or a recovered materials processing
facility and which is shr.aa , extruded, or formulated into
in permitted boilers other than waste -to -energy facilities. The
use of such pellets as a supplemental fuel in permitted boilers
other than waste -to -energy facilities may be used by local
governments as credits toward the goals for reduction of solid
waste pursuant to FS s. 401.706(4)(B).
r. source separated^ means th. recovered materials are
separated from solid waste where Che recovered materials and solid
r
r waste are generates. The term does not require Chat various CYpes
of recovered materials be separated from each other and recognises
de minim is solid waste, in accordance with industry standards and
practices, may be included in the recovered materials.
2. Term.
a. The term of this franchise shall terminate on
Septemher , following the effective date hereof provided,
however, the City reserves the right to terminate the same prior
Thereto if the Franchisee defaults in any one of the terms and
conditions herein specified.
b. On rl this Franchise shall be
aueomatically extended for an additional term of on r expiring
the following 5e ember s provided the Franchisee sha11
o ^ make written pp cation for said extension at least 30 days prior
Co its termination. No further extensions shall be granted without
City Commission app--
1. Services Provided by eranchisee
a. Franchisee(s( shall provide Commercial Solid Waste
Collection Services in the City of Longwood, which shall be an
exclusive right to the --hi—(,). The Contractor shall be
responsible for billing and c 11—ion of commercial solid waste
Collection services and disposal co..is.
a. No other person or entity except the Franchisee(s7
may offer or provide Commercial Solid Waste Collection service in
the City of Longwood. No commerc.i al establishment within the City
-11—ti— at all commercial subject to the terms
of this —dit—h. and at sufficient iht—l— ---Y to P-111
td.q.— —i— and t. p—t—t the —i—hbb-
5. Franchise---. I.— A — of fifty dollars
($50.00) —11 b, Ih.lqld for each franchise application t. cover
--i—d .hth,
C. —. collections h—I be —Cb 1-11—b I:- —.. and
7:00 p... h, different times are ,—d by the City.
7. Ljxt<gs. Th. F—thi... —11 not lit— premises in the
— of making --tit— and —1 promptly pick up all
p., --i.1 or debris that may be scattered about the
be standard .---td-ty, mechanically served
Illplti— with the private commercial toile ctor's servicing
equipment. c—t.1-1. .11,11 be placed at locations readily
accessible Yo franchisee s personnel. Containee.. shall be located
b private property unless the use of pub— property i. approved
by the City. Violations oL this ... ti— — il constitute , breach
and --t of this agreement. TM1e type of container used, ., the
location thereof, may vary f... the provisions f this section if
hp—ItId 11 the pr rai... of the
commercial establishment prior t. collection by a P'.,bily
certified recovered materials dealer.
10. Hldb--MdLials. C.11—ti.11 of special and hazardous
materials .—I be in strict compliance with all feller bl, tht.,
and i—T laws antl requlaeions. Said materials —il b. --U and
placed in a manner —bd by the ,i— --y hg—,
i.e., EDER, U.S. EPA, -h., and the lily of Longwood.
Th. franchisee snail provide an —te h..b., of
'.hibl.. for -g—, —11—... S--- They shall be kept in
g— —, appearance, and in a sanitary condition at all times.
Each —hi— shall have clearly 1"ibil the — and Ph— number
of the --hi— and vehicle —b— not — than th.— ih.hb,
(12') i, height on the —, and each —d..
b. F—bhi... —11 certify t. the city IT— the
b—h—t of each fl—h-I year the description — quantity of
—hi—s and equipment on hand and available — .— —1—tilh
services and b,hKlp to the .— of any Ill—bb-
1. E,,h b-p—, —11 b. systematically marked, in
b—h— —.d by the City to identify it, capacity in yh—q,
—b.d—d date of p—up and 6,
0- 452 would be . — (6) yard —p—, to be picked up Monday,
12. PUj The --hi— —11 establish and maintain .
1-1 office or such .,h., facilities through which it can be
where service ..y b. applied for, and complaints can b.
A-- It .—I b. eq.ipp.d with sufficient telephones, —11 have
one (1) responsible person in — —i, collection hours and
—11 be do ing collection hours.
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0` P'--ttd. I,, the —, of any spillage, —ki,q, or blowing of
materials from truck, the F- -- 1-1 immediately -- up the
— V-jsA-q.,Al. All -- waste — di-— —11 be hauled
t. FDER approved facilities 111y approved t. accept it
for tt..t.-t or disposal and —,a— as an approved site by the
city. III t-1— materials I— be processed at a certified
,--d --- processing facility.
�. service. Rates and charges shall not be set by the City.
16. S.gmpgry„4 Ginn nt.
a. Foe the privilege of collecting solid waste from
commercial establishments within the City, ecur ing a franchise
from the City and for the use of the City th. franchised
collector shall pay to the City, a sum equal to twenty percent
(20%) of the gross revenue from all sources related to the
franchisee s operations in the City, including fees, charges,
rental of equipment, and funds paid --id. the City for hauling
materials from the City. Payment to the City sha 11 be made four
(4) tame per y r, on March 15, June 15, September 15, and
December 15,for three (I) fu11 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
shall be directed to the City Finance Division. Such fees shall
not include fees generated from the collection of recovered
materials.
b. Franchisee, in further consideration of the franchise,
shall make its financial records available to the City in
accordance with procedures established from time Yo Yime by the
City. The fees paid pursuant to this Section sha11 not be added as
a separate item on the customer s collection bi11s, but rather
shall be considered as an operational expense.
17. gg�otts. Atong ,.ilh the quarterly remittance of the
franchise fee, the Franchisee shall provide the City with a report.
Said p t shall be in a hard copy form. The report shall include
f
'. such information as the City mar reasonably require so as to ensure
proper refuse service to all commercial establishments within the
City and so as to ensure Franchisee's c p ante with the terms and
conditions of this report. Each report shall contain as a minimum.
(1) Customer s Bhl-1 Name
(2) Customer s Busrness Address
(3) Customee's Telephone Number
(4) Contaa ner(s) Number (s)
(5) Conxainer(s) Capacity
(6) Compaotor(s)
(7) Pick-up SCh edule for Containers and Compactors
(8) Number of Pick-ups for all Containers and Compactors
(9) Franchisee Fee
18, Notif'c The Franchisee shall notify all customers
about regulations and days of co llect ton.
19. Feanehi see Peesonnel.
a. The Franchisee shall a., sign 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, t all tim , carry a valid
operator's license for the type of vehicle he 1s driving.
tl. 'Phe 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 discourteous in
r
the performance of his duties.
e. The Franchisee shall provide operating and safety
annually up renewal of this franchise.
f. The Franchioll shall comply with the Equal
Employment Opportunity Program, the Fair Labor Standards Act and
ail other applicable Federal and State Statutes pertaining to Farr
Employment practices.
20. Franchisee mepy.
a. All trucks or other vehicles Operated by the
Franchisee in the City shall be subject to, and shall immediately
submit to spat, on the road inspece ions by the City or its agent
and if found to be unsafe, said vehicle sha11 be immediately
r--d from service until it can be repaired and is successfully
City Comm r ssi hh, if found after notice to the Franchisee and an
opportunity to be heard, to be flagrant or repeated in nature.
21. ante wiehin Laws. The right is hereby reserved for
the City to adopt, 1n addition to the provisions herein contained
and existing applicable ordinances, such adtlitional regulations as
it shall find necessary in the exercise of the police power,
provided ehat such ebg—tib— by ordinance or otherwise shall be
reasonable and not in conflict with the intended purpose of this
�r. ordinance. This sha11 Include requiring the Franchisee to di--
- 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 sha11 constitute a default hereunder. This franchise shall
not be construed to repeal or revise any existing ordinance and t,
the extent that any pr vision of this franchise is inconsistent
with any existing ortlinance, then such existing ortlinance shall
prevail antl control.
22. F-vment Bond. The Franchisee shall furnish to the City
a Payment Bond executed by a surety licensed and authorized to do
business in the State of Florida in the amount of Slaa,111.10
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 nd the Franchisee to be reasonable
antl necessary to enable the City to ensure a11 franchise fees due
and payable hereunder and paid as and when due.
23. Liab The pe ivileges herein granted are upon the
express conditions that the Franchisee shall be liable for all
damages or injury to persons or property caused by it,. neglect or
Franchisee, to specifically include but not be limited to Anti-
trust actions or proceedings. Should the City of Longwood be sued
rr
�. therefor, the Franenil— 1ha11 be norifred of enoh snit, and
thereupon it shall be its duty to defend the ..it or at the city'.
option to pay the 1ega1 fees of the City's attorney to defend the
suit and should judgment go against the City in any such case,
Franchisee shall forthwith pay the same. The Franchisee .ha11
indemnify and save harmless the City, its agents, officers and
employees from any judgments recovered by anyone for personal
including cost., and attorney'l fees, in defending against any such
claim made against the City or any of the city'' agents, officers
or employees. Franchisee further agree t p -chase comprehensive
public liability and property damage insurance in the amount of
$5, 0, 00 Per accident, event or occurrence, naming the City as an
additional i..... d to the extent of its rights against Franchisee
arising by iirtue of cnis se ccion. The it ... ante policy will
provide that the City sha11 be given thirty (I0) 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.
,I. Gzc.eaia5_ The F- Ihisee she 11, at its sole ..p n e,
procure from all governmental authorities having jurisdiction over
the operations of the Franchisee, including the. City, all licenses,
certificates, p—ils or hlb— authorization which may b. necessary
for the —d— of it. P—li— Th. F—h-i—, shall pay all
licenses, certification, permit and exam matron — and
—i— .—h may b,, --b, levied, --d or imposed on its
property, on it, operations, on its gross receipts, and upon this
—hlhi— and the rigsl. an p—il,— granted herein, and shall
.— all pli—ti—, —p—, and —1-1 I.q.sled in connection
ti,ll—itli.
25. WQ�. Th. Franchise —11 carry, with
an il--h —pb, authorized to transact b—in..s in the State
of Florida, a P.—Y Chat —fill, III the requirements of the
--- 1—p—I.—h All of — St-, including all 11
requirements for occupztionzl di--
- &—'t. N. —iq—it of --i,h or any light
occurring under this —dil,h— shall be b— in —1,, or in p— by
the Franchisee without the —p— written --t of the City and
the customer, an the .—ht of by assignment, the assignee and the
assignor —1i b-1, be -- h,id— the Franchise.
27. BCTLbd-AhiU.
1. Th. i,hi,hi— —11 keep --A of .—A.
—11.—d and —i— there I— and the City —11 have � the right
to l—i— those 1-1d, which in any —y pertain to the payments
due it as well as the bill-9 of all --..s by the Franchisee.
If dilph— —i—il. are operated by the City, -- of
illbii, 11-1, shall be maintained by the City. Th. Franchisee
will b. responsible for the monthly billing of the h--er.
0- b . —.hih— —11 furnish the City Finance Division
with an —h—I audit, — on N—lblt 15 If each --d., year, for
the --ice Year or T.lti.. thereof Ihdi.9 the previous Ze tgypp Z
shall be subject to acceptance or rejection by the City. The —lit
shall reflect the --y and 1.1pl.t.— of the information
provided the City by the F,.b.hi-,.0 including —.i— data and
and in any event if the F11-hille files a petition of
---y or ib-1--y I—k—p-, then this franchise —11
--te ih no event J-1 than the date of filing bf the
ol bankruptcy petition.
29, D"ul_t .
a. Th. —Ih— on the part of the Franchisee I. —ply
it any substantial respect with any of the pth—ib— of this
ordinance —11 be grounds for , fit—l— of this --hi., but
no such f.—it... —1 take -- until the City has --d 1pl,
the --hi— —t-h notice of default, .ahihh -- shset
all
—th the —t— and --t thereof. If h --il can be
---d, the Franchisee —11 h... thirty (30) d following the
b.ti.. of default to correct the same. If the F—Ilbi— protests
th. reasonableness or propriety of the tityls declaration, said
t— —11 be served upon the City in writing within t— (10)
days following ..c. ipt by the --M— of the City', —tice.
b. If the City and the Franchr see cannot agree as to
tM1e reasonableness of propriety of the City's declaration of
default, then the Issue shall be promptly submitted to binding
a rbiYration. Three qualified arbitrators shall constitute a Board
of Arbitration, one arbitrator to be selected by the City, one by
declaration of default not later than thirty (30) days following
submission of the issue to the Board. Arbitration shall be
pursuant to the Florida Arbitration Code, Chaptee 682, Florida
c. The purpose of this .,ection is to enable the City
and the Franchisee to re..olve by arbitration such differences as
they may be unable to resolve by mutual agreement. Nothing
enforce same. Nor s11a11 iia aver 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 waivee of any Provision itself.
31. Indeoendent Conte. It is hereby understood and
agreed that the Franchisee is an independent contractoe and not an
agent of the City.
I. M.adi This franchise constitutes the entire
agreement and understanding between the parties hereto, and it
shall not be considered modified, altered, changed or amended in
I, respect unless in I itiog and signed by the parties hereto, and
adopted as an amending franchise ordinance.
33. oft yCg. As reyu it ed for any purpose in this franihi ,
notice shall be addressed and sent by certified United States mail
to the City abd the Franchisee as follows:
CITY: Geraldine D. 2ambri, City Clerk
bo b—I, Fmriaa 32750
/'FRAxcxISEe: �y w s
eaitg.ioz...sszz_€ an�_xa�e, ao
rhona loon ess a4aa
34. Remedies Attor v Fe Ian lgs5i6. All remedies
prolided in this franchise shall be deemed eamnlati— and
additional and not in lieu of or exclusive Uf each other or of any
other remedy available to the City at lain or in equity. In the
event the City shall prevail in any action arising hereunder,
Franchisee shall pay I. the City its costs, referable thereto,
including attorney', fees.
35.y ,pj,liy_l,dµ,_and ni This franchise agreement shall
ol be governed by the 1— of the State of Florida. Any and all 11
action ---y to enforce the Agl—b- —1 be held in Seminole
County and the Agreement will. b, "tllp,,tbd --di.9 t, the laws
of Florida.
36. H€a31 - The —di- of the sections of this f,,h,hi,,
aee for purposes of --i— only and —11 not be deemed to
..p.hd or limit the provisions --i— in such sections.
". Warranty of erancp Th. Franchisee represents and
warrants unto the City that no officer, l, — t of the
City has any interest, either directly or indirectly, in the
business of Fl—hl— t, be conducted hereunder.
38. Amendment. Th. City --- the Tight t, amend this
—din... in any manner necessary for the h—th, safety, welfare
of the p.bliC or t. —hply with l—, -- regulations or
i--- q—eme —, and the City ........ the right, in the
public interest from time to time, t. pl—li- reasonable —b.
and regulations governing Franchisee's operations --d-
39. R�k��b N, --hi... or Contractor may be
person or affiliztc identified on the D-- of General
Service.. ----d —hd——1. Th,s list is defined as
consisting of persons - affiliates who are disqualfrom
ified
blio ---tihg —I p ... z—q — b ...... —y have been
found guilty of a P.bllb entity —i— Th. Franchisee is required
to comply with Florida St—tll Section 287.133, as --d, — its
SESTiQN__lA.R�"_`ePaea&ili_ty: 1ne provisions of this ordinance
0-
4�mr � E grk t �ih
The foregoing Ord inanva N 4I-3.322 and the franchise provitled for
hereby
company
P—t N...;
Uoa
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