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Ordinance 97-1374D.i NANCE O CITY O FLORIDA, P IDI NG THE GRANTING OF A NON ~E%LUSOIVE FRANCHISE TO llBST +S*~CE- THE COLLECT N OF COMMERCIAL S ETE, TO IMPOSE N TERMS, C 5 AND REQUIREMENTS RA G TH ERETO~ PROVIDING SEVERABI~ITY,NCONFLICTS AND AN EFFECTIVE DATE. Theee is hereby granted to Waste Na ant o A.F1BIl94. in< ___ (herein called the Franchisee"), its successors and assigns, a non exclusive right, privilege or franchise [o co l3ect solid waste mateeia is 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. a. City" shall. mean the City of Longwood, Elor ida, a municipal corporation. b. FrancM1 isee" shall mean the indiviaua 1, partnership or corporation who/wh icR agrees, as hereinafter provided to perform tRe work or service, or to furnish materials Or equipment, or both as set forth in this franchise. c. Recovered materials" means metal, paper, glass, plastic, texta or rubber materials that nave known recycling potential, can be fea..ibly recycled, and have been tlivertea and source separated or have been removed from the solid waste stream r, for sa use, Oe reuse as raw matee is ls, whether or not the not solia waate. a. sol is waste managemene shall mean the process by which solid waste is collected, transported, toyed, separated, processed, or disposed of rn any other way, according o an orderly, purposeful, and planned program which includes closure and waste disposal area, volume reduction plant, transfer station, materials recovery facility, or other facility, designated by the City, the purpose of which is resource recove [y of the disposal, ~ recycling, processing, or storage of solid waste. The term does not rnclude recovered materials processing facilities which meet the eegu ieements of FS s. 403.096 (4) except th portion of facilities, if any, that 1s used for the management of [are f. Solid waste shall mean sludge unregulated under the federal clean water act or clean a1r act, sluage from a waste treatment works, water supply treatment plant, r air po11ut1on control facility, or includes garbage, rubbish, refuse, special way or other discarded material, including sol liquid, sem asolia, of contained gaseous material resulting from domestic, industrial, commercial, mining, agricultuea 1, or governmental operations. Recovered materials as defined in FS s.403.~03 (~) are not solia waate. g. "Commercial establishment" means a property or properties zoned or used for commercial or industrial uses, or used by an entity exempt from taro t.i on under s. 5o1(c)(I) 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 generally considered to be not water soluble and nonhazardous in natu rncluding, but not limited 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 cocks, soils, tree remar ere ana other vegecacive matter which ~ normally results from Iona clearing or land development operations fora construction prof eye memainq such debris from eonstrnetron of atructuree at a srte remote from the eonetrection or demolition project site. Mixing of construction and demolition debris with other types of solid was including material from a construction of demolition srte which rs not from the actual construction or destruction of a structu will cause it to be classified as o[her than construction and demolition debris. I. container" snail mean any portable, nonabsorbent enclosed container with a close fitting cov or doors, approved by the Health Department ana <he City, which rs used to store 1 g volumes of refuse. It must be capable of being erviced by mechanical equipment. j. "Special waste means solid wastes that can require spec.i al handling and management, 1n<luding, but not limited to, white goods, waste tires, used oil, lead-acid Datteeies, construction and demolition debeis, ash resla yard tra and k. eiomed ical waste" means any solid waste or liquid waste which may present a threat of infection [o humans. The Cerm parts; laboratory and veterinary waste which contain human-dise.ase- causing agents; discarded disposable sharps; human blood, and human blood protlucts and body fluids; and other materials which in the represent a significant risk of infection to persons outside the /~ generating facility. The term does not include human remains that are aispos ea of by persons licensed under chapter 470. 1. Biomedical waste generator" means a facility or person that peoduces or gen eeates biomedical waste. The term .includes, but is not limited t hospitals, skilled nursing or convalescent hospitals, intermediate care facilities, clinics, dialysis clinics, dental offices, health maintenance organizations, surgical clinics, medical buildings, physicians' offices, laboratories, veterinary clinics, and funeral homes. m. "biological waste" means solid waste that causes or has the capabiliey of taus g isease or infection and includes, Duc is not limited to, biemeaieal waste, aiaeasea or dada anima , and other waatea capable of cransmitt.t ng paehogens eo hemans or an.male. Tne term apes not incl~ae Homan rema,ne coat are aieposea of by persons licensed under chapter 470. n. "Materials recovery facility" means a so11d waste management facility that provides for the extraction from solid waste of recyclable materials, materials sortable Eor use as a fuel o. Recovered materials processing facility" means a facility engaged solely in the storage, processing, resale, r reuse of recovered materials. Such a facility is not a solid waste management facility rf rt meets the conditions o£ is s. defined rn Che department rule on solid waste combustors which ~ defines such term. q. Pelletized paper waste mean pellets produced exclusively from disca rdetl paper which rs derived from a solid waste management facility or a recovered materials processing f acrlity and whrch is shredded, extruded, or formulated rnto compact pellets of various srzes foe the use as a supplemental fuel rn permitted boilers other than waste-to-energy facilities. The use of such pellets as a supplemental fuel rn permitted boilers other than waste-t o-energy facilities may be used by local governments as credits toward the goals for reduction of solid separated from solid waste where the recovered materials and solid waste are generated. The teem dces not require that various types of recovered materials be separated from each other and recognizes de mrnrm rs solid waste, rn sccoxdance with industry standards and practices, may be included in the eecovered materials. 2. Teril. a. TM1e term of this franchise shall terminate on Sent tuber 30, ~, Following the effective date hereof provided, however, the City reserves the right to terminate the same prior theeeto it the Fea nchisee defaults in any one of the terms and conditions here rn specif ietl. b. On Octobe ],_5 mss, this Franchise shall be automatrcally extended for an additional Term r expiring the following s ptember 'i provided the Franchisee shall r make written application £or said extensron at Sea st IO tlays prior to its termination. No further extensrons shall b granted without City Commrssron approval. 1. oYi~ ~v ra nchisee a. Franchisee(s) shall provide Commercial Solid Waste Collection Services 1n the City of Longwood, which shall be an exclusive right to the Franchisee(s). The contractor shall be responsible for billing and collection of Commercial solid Waste Collection services and disposal costs. a. xo other person or entity except the Franchisee(s) may offer or provide commercial solid waste collection service rn the city of Lonywood. No commercial establishment within the City r shall utilize the services of a collector not holding a franchise from the City. Violations of this section shall be enforced by the City by legal action seeking injunctive relief and damages. c. Minimum Service. The Franchisee shall make collections at all commercial establishments subject to the terms of this ordinance and at sufficient intervals necessary to perform adequate services and to protect the environment. 5. F s Fee A fee of fifty tlollars ($50.00) shall be charged for each franchise application to cover 6, Hours. Collections shall be made between ].00 a.m. and ].00 p.m. unless different times are approved by the City. ]. y1SS,4S. The Franchisee shall not litter premises in the process of making collections and shall promptly pick up all compatible with the private commercial collector's servicing equipment. Containers shall be placed at locations readily accessible to franchisee`s personnel. Containers shall be located upon private property unless the use o£ public property is approved by the Ci[y. Violations of this section shall constitute a breach and default of ehis agreement. The type oe container used, or the location thereof, may vary from the provisions of this sec<ion if approved in wrati ng by the City of Longwood, Florida. 9. P S2Y2L@$1'WL4'3'a.a15_. establishments must be source separated at the premises oP the commercial establishment prior to collection by a properly materials shall be in strict compliance with all federal, state, and local laws and regulations. Sard materials shall be stored and placed in a manner approved by the appropriate eeyulatoey agency, r. e., FDER, D.S. EPA, etc., and the City of Longwood. 11. eQ ~'pm nom. a. The Franchisee shall provide an adequate number of vehicles for reyular collection services. They shall be kept in good repair, appearance, and in a sanitary condition at all times. Each vehicle shall have clearly visible the name and phone number of the Franchisee and vehicle number not less than twelve inches (12") in height on the rear and each side. b. Franchisee shall certify to the City upon The commencement oP each franchise yeae the description and quantity of vehicles and equipment on hand antl available for regular collection services and backup in the event of any breakdowns. c. Each dumpster sha_1 be systematically marked, rn a manner approved by the City to identify its capacity in yardage, scheduled date of pickup and its d p er number" r. e., 6, FR F, asz woa la ^e a s,x Cs) yard aampster, e b picked up weanesaay ana caddy ana it woala be aempster number asz local office or such other facilities through which it can be _ontacted, where sere rce may be applied for, and complaints can be made. IC shall be equipped with sutf icien< telephones, shall have be so contarned, or enclosed that leaking, spilling or blowing are pxeventea. In the event of any spillage, leaking, or blowing of materials from teuek, The Franchisee shall immediately clean up the 14. iso°sal. All solid waste for disposal shall be hauled to F~ER approved sites or facilities legally approved to accept it for treatment or disposal and designated as an approved site by the City All recovered materials must be processed at a certified recovered materials processing facility. ~. service. Aa tes antl charges shall not be set by the City. 16. satron and_y3ylpgyyyt. a. For the pri v.i lege of collecting solid waste from from the City and for the use of the City streets, the franchised collector shall pay To ehe City, a sum equal to twenty percent (208) o[ the gross revenue from all sources related to the franchisee's operations rn the city .including fees, charges, December 15, for three (3) full months lmmed rately preceding payment, except the first payment if the first period is less than ~ three months, in whrch case payment shall be prorated. Payment shall be directed to the City Finance Division. Such fees shall not include fees generatetl from the collection of recovered b. Fea nchisee, in further consideration of the franchise, shall make its financial records available to the City 1n accordance with peocedures established from time to time by the City. The fees paid pursuant to this Sectron shall not be added as 1]. AeB4ZSa~ Along with the quarterly remittance oT. the franchise fee, the Franchrsee sRall provide the City with a report. Said report sM1a 11 be in a hard copy foem. The report shall include suoh ,nformat,on as [he ci[v mar reasonably squire eo as eo ensure proper refuse service to all commercial establishments within the City and so as to ensure Franchisee's compliance with the terms and condrtaons of this report. Each report shall contain as a minimum. (I) Customer s BVSlness Name (z) c~etomer s aus,ness naarese (J) Customer s Telephone Number (4) Container(s) Numbee (s) (s) Container(s) Capacity (6) Compactor(s) (]) Pick-up Schedule for Containers and Compactors (e) Number of Pick-ups for ail containers and compactors (9) Franchisee I~ee 1B. notif~a~io The Franchrsee shall notify all <us [omers about regulations and days of collection. 19. Franchisee Personnel. a. The Franchisee shall assign a qualified person or persons to be in charge of his operations to the City and shall give the name oe names to the City. b. eranchis ee's collection amp loyees shall wear a clean uniform bearing Che company's name. c. Each employee shall, at all times, carry a valid operator's license for the type of vehicle he is driving. d. The City may request the dismissal or appropriate discipline of any employee of the Franchisee who violates any provision hereof or who is iaanton, nag ].igent, or dtscourteous in the performance of his duties. e. The Franchisee shall provide operating and safety trarning for all personnel and shall certify same to the City annually upon renewal of this Franchise. f. The Franchisee shall comply with the Equal Employment Opportunity Program, the Faar Labor Standards Act and all other applicable Federal antl tiro to Sta [u tes pertaining to Fa iz Employment practices. and if found [o be unsafe, said vehicle shall be immediately removed from service until it can be repaired and is successfully reinspected. Inspections may be geounds for cancellation of the franchise by the City Commission, if found after notice to the Fra n<M1 isee and an opportunity to be heard, to be flagrant or repeatetl in nature. 21. ~ liance withi The eight is hereby reserved for the City to adopt, 1n addition Co the provisions herein contained and existing applicable ordinances, such additional regulations as it shall find necessary rn the exercrse of the police power, prow ideal that such regulations by ordrnance or otherwise shall be reasonable and not •n conflict with the intended purpose of this ordinance. Tnis shall inmuae requir.inq ahe era ana deliver solid waste to a aea ignatea faeili[y comply shall constitute a default hereunder. This franchise shall not be construed to repeal or revise any ex.i sting ordinance and to the extent that any provision of this franchise is inconsistent with any existing ordinance, then such exists g rdinance shall prevail and control. ].2. payment e 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 [he amount of $100,000.00 in an amount deemed by the city and the Franchisee to be reasonable ana payable hereunder ana paid as and when tlue. 2l. Lia bility. The privileges herein granted are upon the express conditions thaC the Franchisee shall be liable for all damages oe injury to persons or property caused by i[s neglect or mismanagement, or by the actions of any of its employees while engagetl in the operations herein author iz ea, or for any actions or proceedings brought as a result of the award of this franchise to Franchisee, to specifically include but not be Sim ited to Anti- trust actions or proceedings. Shoultl the City of Longwood be sued r therefor, the Franchisee shall be notified of such suit, and thereupon it shall be its duty to defend the sort or at the City`s option to pay the legal fees of the City's attorney to defend the surf and should judgment go aga.i nst the City rn any such case, Franchisee shall forthwith pay the same. The Fea nchisee shall employees from any jutlgments recovered by anyone for personal injury, death or property damage su starved by reason of any of the Anti-trust actions or proceedings, and shall pay all expenses, including costs and attorney's fees, in defending against any such claim made against the City or any of the City's agents, of fi.cers or employees. Franchisee further agree to purchase comprehensive public liability and property damage insurance in the amount o£ SS,ooo,00o per accident, event or occurren aminq the city as an additional insured to the extent of its rights against Franchisee airsi ng by vrrtue of this section. The rnsura nce policy will provide that the City shall be given thirty (JO) days wrrtten notrce prior to cancellation or modification. A copy of said policy of rnsurance shall be filetl with the City Clerk on or before the effective date of this franchise. 2d. Licenses,. The Franchisee shall, at its sole expense, procure from all governmental authorities having jurisdiction over the operations of [he Franchisee, including the Ci[y, all licenses, certificat permits or other authorization which may be necessary for the conduct of its operations. The Franchisee sha 11 pay all Taxes, licenses, certification, permit and examination fees and excises which may be assessed, levied, exacted 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 The Franchise shall carry, with of Florida, a policy that fulfills all the requirements of the Worker s compensation Act of said state, including all legal occurring under Uis 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 kranchise. 27. B orris and Audit a. The Franchisee shall keep records of wastes collected and charges theeefoe, and the City shall have the right due it as well as the billing of all customers by the Franchisee if disposal facilities are operated by the City, records a incoming wastes shall be maintained by the City. The Franchise will be responsible for the monthly billing of the customer. b. Franchisee shall furnish the City Finance Div is.i en annual autlit, due on Novembee 15 of each calendar Year, for ii ce year or portion thereof ending the previous Septembe Said audit shall be preparetl by an independent certified shall reflect the accuracy and completeness of the information peovided the City by the Franchisee including detailed data and computation conceening the franChi se fee. 28. Dankruotc r rn=o 1Y,ppcy. If the Franchisee becomes insolvene antl in any event if the Franchisee files a petition of voluntary or involun to ry bankruptcy, then this franchise shall terminate in no event Later than the date of Piling of the bankruptcy petition. 29, pg[DUli. a. The failure on the part of the Franchisee to comply in any substantial respect with any of [he provisions of this ortlinance shall be grounds for a forfeiture of this franchise, but no such forfeiture sha 11 take effect until the City has served upon the Fea nch isee written notice of default, which notice shall set forth the nature and extent thereof. If a default can be corrected, The Franchisee shall have thirty (30) days following the notice of tlefault to correct the same. If the Franchisee protests the reasonableness or propriety of the City's declaration, said protest shall be served upon The Cify in writing within ten (lo) days following receipt by the Franchisee of the City's notice. b. xf the city and the eranehieee cannot agree as to the reasonableness o propr ietY of the City's declaration of default, then the issue shall b promptly submitted to binding arbitration. Three qualified ar bits tors shall constitute a Hoard of Arbitration, one arbitrator [o be selected by the City, one by the Franchisee and one by the aebiteators so selected. The Board of Arbitrators shall notify the City and the Franchisee of their determination of the reasonableness and propriety of the City's declaration of def dolt not later than thirty (30) days following submission of the issue to The Boartl. Arbitration shall be pursuant to the Florida Arbitration Code, Chapter 682, Florida c. The purpose o[ this section is to enable the City and the Franchisee to resolve by arbitration such differences as Yhey may be unable to resolve by mutual agreement. Nothing contained herein shall. be construetl to limit or restrict the legal rights and powers of the City or the Franchisee. 30. N'gh The failure of the City at any time to eequ ire performance by the Franchisee of any provisions hereof shall in no way affect the right of the City theeeaftee 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 oY such provision oe as a waiver of any provision itself. I1. t-. It is hereby understood and agreed that the Franchisee is an independent contractor and not an I~ J~. Mad Th rs franchise constrtutes xhe entrre agreeme nt antl understanding between the parties hereto, and rt shall not be considered modified, altered, cha nged oe amended in any respect unless in wrr[ing and signed by the parties hereto, and adopted as an amending franchise ordinance. 3l. Notice. As required for any purpose in this franchise, notrce shall be addressed and sent by certified United States mail to the City and the Franchisee as follows: CITY. Cerald ine D. lamb ity Clerk Longwood, Florida 12]50 I4. R d' y' d All remedies provided 1n this franchise shall be deemed cumulative and additional antl not rn lieu of or eeclusive of each other or of any other remedy available to the City at law or rn equity. In the event the City shall prevail rn any action ar is inq hereunder, Franchisee shall pay to the City its costs, referable thereto, rncluding atioeney's fees. J5. Govern d Venue This franchise ageeement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement wrll be held in semrnole county and the Agreement will be interpreted accortling to the laws Df Florida, J6. }{ggrl yryg~s. The headings of the sectrons of thSs franchise warrants unto the City that no Dffrc employee, or agent of the City has any rn teres t, either directly or rnd erectly, 1n the business of Franchisee to be contlucted hereunder. Ja. amec~m€ax. Tne city reserves the right eo amena th,s ordinance in any manner necessary for the health, safety, welfare of the public or to comply with laws, statutes, regulations or anterlocal agreements, na the city reserves the Tighe, in the public interest from trme to time, to prescribe reasonable rules and requlatrons governing Franchisee's operations hereunder. ]9. Public F ity C No Franchisee or Contractor may be peeson 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 peocess because they have been found guilty of a public entity creme. The Feaneh is ee is required The provisions of this ordinance are aeclarea to be separable ana if a»y sect.on, aemence, clause or phrase of this ordinance shall for any reason be held to be invalid or Onconstrtutrona 1, such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this ordinance but they shall remain an effect, at being the legislative intent that this ortl ina nce shall stand notwithstanding the invalidity of any part. __Qgtg. This ordinance shall take effect upon f1na1 adoption and upon acceptance by the Franchisee. "'L!__~~ /997 DEDDNDPNEADIN~: e~w G /~~7 ____ /" PASSED AND ADOPTED THIS ~D Y OF ~(i4-f..4..t~, ~/'J ~~ --- Williem E. W ston, Mayer ~~.~ ~bri er ldi D. i y leek C Approved a o form and legality for use and reliance by the City oP 1.ongwootl,telorlda, on 1y. R icR is r~C its a Ra-lor, r pany Nam X w ae~- o eym i/i~~i St/ M ~'1.,~ Signature r xu[hoiized Agent Print Name. i/~..~/~t, D a~ 1~-"