Ordinance 97-1367materials rbqu.i— subsequent processing or separation from each
not solid waste.
d. "Solid waste management" shall mean the process by
which solid waste is collected, transported, stor , separated,
processed, or disposed of in any other way, accord g t. an
orderly, purposeful, and planned program which includes closure and
e. solid waste management facility" shall mean a solid
waste disposal area, volume reduction plant, transfer stati ,
materials recovery facility, or other facility, designated by the
the requirements of FS s. 403.7046(4) except th portion of
facilities, if any, that is used for the management of [are
managing sic.) solid waste.
f. Solid waste shall mean sludge unregulated under
the federal clean water act or clean air act, sludge from a waste
treatment works, water supply treatment plant, or air pollution
waste, or other discarded material, including —id, liquid,
semisolid, of contained gaseous material resulting from domestic,
industrial, commercial, mining, agricultural, or governmental
operations. Recovered materials as defined in FS s.403.103(7) arc
g. Commercial establishment" 1-1 a property or
properties —id ., used for commercial ., industrial —, or used
by an entity exempt f... --ti.b —d— - (3) If the
Internal R--- -bl, and —l.d.. PCIP—ty 11 properties --d or
used for single-family residential or multifamily residential .—
h. 1C.b.—Iti— and demolition d,b,i,-' ..— materials
generally considered t. be not wager soluble and ---d.— in
nature, including, but noc limited steel 91.11, brick,
---, —ph— roofing material, pip, gypsum wallboard, and
1—b—, from the --tti— ., d.C—iti— of a --t— as part
of a construction If demolition project, and including —k,
normally —.1- from I— Il—iiq or I— development operations
for a construction project including such I-- f,.. construction
.f structures at , site 1—te from the construction ., d...Iiti.b
j— site. Mixing If construction .,d d—lition debris with
1. Container .1-1 —1. any portable, —nab—bent
enclosed —btii— with a close fitting --, or doors, approved
by the llilth D.p.-- znd the City, which i. used t. -- —g.
volumes of —f—, It —it b, I—— of being .—i— by
j. "SP-1 Waste moans —id —t— that can -,i—
special handling and —9—t, including, but not limited t.,
white goods, waste tir used oil, I.—Ilid batteries,
construction and demolition debris, .1h —id- yard t—h, and
biological —t—
k.'Bi—di—1 —,—11-b any —id -- or liquid
di— which ..y present , threat of infection t. b-- The term
includes, but i, not limited tb, on -liquid I,-- tissue and body
parts; 1--t-y and--i—Y waste which --ibhuman-disease-
causing —; discarded disposable —,p,; h.... blood, and human
are disposed of by persons 1--d —d., IhI,tII —.
1. --di— —t. qe nerd for means a facility or
includes, but i. not limited t., —pit—, skilled nursing or
convalescent hospitals, intermediate care facilities, clinics,
dialysis clinics, --, offices, health -i--d
.. -Bibld9l"I —1-1 ..... solid waste that ...... .r
h,. the capability of causing di-- ., infection and i.—b—,
but is not limited t., biomedical —t, diseased ., dead animals,
and -h— d-t.s lip,ibld of transmitting pathogens t. humans .,
animals. The term does not include human remains that are disposed
of by persons licensed under chapt- 470.
n. Materials recovery facility's and ns a solid waste
management facility that provides Lor the extraction from solid
waste of recyclable materials, materials suitable for use as a fuel
of soil amentlmen[, or any combination of such materials.
o. Recoveretl 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 iE it meets the conditions of FS ...
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
q. pelletized paper waste means 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, extruded, or formulated into
compact pellets of various sizes for the use as a supplemental fuel
use of such pellets as a supplemental fuel in permitted boilers
other Chan waste -to -energy facilities may be used by 1oca1
r. Source separated" means the recovered materials are
separated from solid waste where the recovered materials and solid
waste are generated. The term apes not rea.ire that .a.i— types
of recovered materials be separated from each other and recognizes
de mr nrmrs solid waste, in accordance with industry standards and
practices, may be rncluded in the recovered materials.
i.
a. The term of this franchise shall term anate on
s ptember _o, �l , following the effective date hereof provided,
however, the City reserves the right to term mate the same prior
I-- if the Franchisee defaults in any one of the terms and
condrtion. herein specified.
b. On October is5e, this Franchise shall be
automatically extended for an additional term of on r expiring
the following S provided the Franchisee shall
make wr rtten application for said extension at least JO days prior
Franchisee(.) shall provide Commercial Solid Waste
exclusive light to the Franchisee (s). The Contractor shall be
responsible for billing and collection of commercial solid Waste
C.11ection services and disposal costs.
4. orized Sery rce
a. No other person or entity except the Franchisee(.)
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
from the City. violations of this section shall be enforced by the
City by legal action seeking injunctive relief and damages.
c. Mini.. 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. Fran ocess ee A fee If fifty dollars
(i50.00) sha11 be charged for each franchise application to cover
7.00 p.m. unless different times are approved by the City.
). jjes. The Franchisee shall not litter premises in the
process of making collections and shall promptly pick up all
papers, material or debris that may be scattered about the
foe collection of solid waste from commercial establishments shall
be standard manufactured -type mechanically served containe ,
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 of public property is approved
by the city, violations of this section shall constitute a breach
and default of this ageeement. The type of container used, or the
location thereof, may vary from the provisions of this section if
P.—t—d —,i— --d at lb.tbltiIj
establishments most be ..— ..p.,.t,d at the ."— If the
commercial establishment U,ibt to collection by . properly
certified recovered materials S--
--ti— If special and h.—d...
materials —11 be in strict —Pli—b with all --I, —tt,
and local I— and regulations. Said --i— —11 b. —11d and
placed it b manner approved by the appropriate regulatory a' -Cy'
i..., FLIER, U.S. EPA, etc., and the City of Longwood.
a. The --hi— shall provide an adequate I-- If
vehicles for I—— III—ti— services. They —11 b, kept in
good repair, appearance, and in , sanitary condition at a11 times.
Each -hi— 1-1 have 11-11Y visible the It— and phone --
If the Franchisee and —hi— number not — than —1— i,,h,,
(12") in height on the t— and each side.
t. F—Ihi— I-1 certify to the City 1pl, the
---t of each —tthi— Year the description and quantity If
—i— and backup in the event of any b—M..-
1. Each dump—, .— be systematically marked, in I
.—I, approved by th. City to identify its capacity it yardage,
scheduled date of pickup and it. —.p.— t—b-11 i—, 6, —,
452 would be a six (6) yard dumpster, to It. picked up Monday,
Wednesday and Friday and it would be dumpster number 452. Such
markings shall be amended to provide such other information as the
City may require promptly upon receipt of a notice from the City
requiring a change of container markings.
12. 9.€€A£€. The Franchisee sha11 establish and maintain A
local office or such other facilities through which it can be
cohtacted, where service may be applied for, and complaints can be
be so contained, or enclosed that leaking, sp1111hg oe blowing are
prevented. lh the event of any spillage, leaking, or blowing of
materials from 11.ck, the Franchisee sha11 immediately clean up the
14, Dis sal. All solid waste for disposal shall be hauled
to FDER approved site- or facilities legally approved to accept it
for treatment or disposal and designated as — approved site by the
City. All recovered materials must be processed at a certified
recovered materials processing facility.
15. rhargg,A__sh All ch g and rates for the
commercial collection of garbage shall be set by the Franchisee ih
ne tiatioh with the commercial establishment requiring the
service. Rates and charges shall cot be set by the City.
16. Comae T.
a. For the pri v.i lege of collecting solid waste from
commercial e..tabl ishments within the City, enuring a franchise
from the City and for the use of the City stree , the franchised
collector shall pay to the City, a sum equal to twenty percent
(20@) of the gross revenue from all sources related to the
rental of equipment, and funds paid outside the City for hauling
materials from the City. Payment to the City shall be made four
three months, in which case payment shall be prorated
b. Franchisee, in further consideration of [he franchise,
shall make its financial records available to the City rn
accordance with procedures established feom time to time by the
City. The fees pa is pursuant to this section shall not be added as
a separate it.. on the customer s collection bills, b.t rather
shall be considered as an operational-Pense.
17. He& CS. Along with Che quarterly remittance of the
franchise fee, the Franchisee sha11 provide the City with a r p t.
Said report shall be in a hard copy form. The report shall include
such information as the City may reasonably require so as to ensure
proper refuse service to all commercial establishments within the
City and so as to ensure Franchisee's compliance with the [erms and
conditions of this report. Each report shall contain as a minimum.
(1) Customer s -lines. Name
(z) C—t.... 1s E—inass Add—
(3) Customer s Telephone Number
(4) ContaLner(sJ Nnmber (s)
(s) Container(.) capacity
(6) compactor(.)
(7) Pick -hp Schedule for Containers and Compactors
(8) Number of Pick-ups for all Containers and Compactors
(9) Franchisee Fee
18. Notification. The Franchisee shall notify all customers
about regulations and days of collection.
a. The Franchisee .—I 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 shall, at all time.., carry a valid
ope [a tor'. 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 discourteous 1n
the performance f his duties.
e. The F—Ihl— —11 provide p ... ti, and safety
training for all p.—h— and th.11 certify —I t. the City
annually 1PI, renewal If this --hit..
E. The Franchisee —11 —ply litb the Eq-1
Employment practices.
a. All t,htk. or other -hib1bs operated by the
F—hi..e in thb, City th.11 be subject t., and —11 immediately
submit to spot, on the 1b.d inspections by the City It its qlbt
I. The III If vehicles failing to b..t standards of ter
inspections may be 91111d, for cancellation If the franchise by the
City Commission, if found If— —ill to the 11—hi... and an
opportunity to be heard, I. be flagrant or repeated i.
21. C ce wit in Law.. The light is hereby —b—d f,,
the City t. adopt, in addition to the provisions herein contained
and existing applicable ordinances, such additional regulations as
it .— find —.1—Y in the exercise If the police PI-1,
provided that such regulations by .,di—b ., otherwise shall be
reasonable and not in conflict with the intended purpose If this
ordinance. This shall include requiring the Franchisee to dispose
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
Semi — 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, hen such existing rain.... shall
prevail and control.
22. Payment Rond. The Franchisee shall furnish to the City
a Payment Bond executed by . surety licensed and authorised to do
business in the State of Florida in the amount of $1DD,000.00
ordinance and executed by a surety company. Said Payment Bond is
rn an amount deemed by the City and the Franchisee to be reasonable
and necessary to enable the City to ensure all franchise fees due
and payable hereunder and paid as and when due.
23. Lia21.1,it.X. The privileges herein granted are upon the
express conditions That the Franchisee shall be liable for all
engaged in the operations herein authorized, or for any actions or
Franchisee, o specifically ..lode but not be limited to Anti-
t—it actions or proceedings. Should the City of Longwood be sued
therefor, the Franchisee shall be notified of such —it, and
thereupon it sha11 be its duty to defend the suit or at the city',
option to pay the legal fees of the City's attorney to defend the
suit and should judgment go against the City in any such ca ,
Franchisee sha11 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
franchise to Franchisee, tb specifically include but not llmlted to
Anti-trust actions or proceeding,, and shall pay all expenses,
including costs and attorney', —1, ih defending against any such
claim made against the City or any of the city'. agents, officers
or employees. Franchisee further agree to purchase comprehensive
public liability and property damage insurance in the amount of
$5,000,000 per accident, event or occurr.. aming the City as an
additional insured to the extent of its rights against Franchisee
arising by virtue of this section. The insurance policy will
provide that the City shall be given thirty (30) days written
notice prior to cancellation or modification. A copy of said
policy of insurance shall be filed with the City Clerk on or before
the effective date of this franchise.
2g. IyCSs. The Franchisee shall, at its sole expense,
procure from all governmental authorities having jurisdiction over
the operations of the Franchisee, including the City, all licenses,
certificates, P—il. or other —th.--h which may b. --y
for the —.Tt of it. operations. The F—I 1-1 pay all
t licenses, ce re if ication, ph —it and examination I— and
—bibb., —.h may b. assessetl, 1-1.d, ...It.d or imposed on it,
PI-P—tY, on its -Pbl-tibhl, on it, 91— receipts, and upon this
--hi. and the light, and privileges g—h— —.", and 11
—, all applications, .— and —t—, required in connection
therewith.
25. KQ jjDD. Th. Franchise —11 carry, with
W—I— Cl.p.bl.tibh A- bf s— state, including all 11
requirements for occupational diseases.
Nb assignment If franchise or any light
occurring under this ordinance —11 be d, in —1, or th part by
the Franchisee with— the express written 1.1—It of the City and
the customer, in the event of any assignment, III assignee and the
—igh., —11 both b, liable —d— the Franchise.
27. Books Records ang�$j�.
collected and charges thI,bfbl, and the City —11 have the eight
to review those I-- —Ib in any pertain to th,, payments
Ch. it as well as the billing of all —t—lb by the Franchisee.
If —p-1 facilities are -- by the City, I —Id. of
incoming —t.. .—I be .---d by the City, Th. Franchisee
will b. responsible for the monthly billing of the I—bmer.
I. Franchisee shall furnish the city Finance Division
with an annual audit, due on November 15 of each ca—dil year, for
the seevlce year or portion thereof ending th previous Sgp_te Lb
3 oth. Said audit shall b prepared by an independent certified
public accountant complete with creditor's opinion which opinion
sha11 be subject to acceptance or rejection by the City. The audit
shall zeElect the accuracy and completeness of the information
provided the City by the Franchisee including detailed data and
computation concerning the franchise fee.
28, ea�µptry r insolve If the Franchisee becomes
insolvent and in any event if the Franchisee files a petition of
voluntary or involuntary bankruptcy, then this franchise sha11
a. The failure on the part of the Franchisee to comply
in any substantial respect with any of the provisions of this
ordinance shall be geounds for a forfeiture of this franchise, but
no such forfeiture sha 11 take effect until the City has served upon
the Franchisee written notice of default, which notice shall set
forth the nature and extent thereof. if a default can be
corrected, the Franchisee sha11 have thirty (30) days following the
notice of default to correct the same. If the Franchisee protests
the reasonableness or propriety of the City's declaration, said
protest shall be served upon the city in writing within ten (Io)
tlays following receipt by the Franchisee of the cit y's notice.
If the City and the Franchisee cannot agree as to
of Arbitrators shall notify the City and the Franchisee of their
aete rm anation of the reasonableness and propriety of the City,
declaration of default not later than thirty (30) days following
submission of the .issue to the Board. Arbitration sha11 be
pursuant to the Florida Arbitration C.d, Chapter 682, Florida
Statutes.
c. the purpose of this section is to enable the City
and the Franchisee to resolve by arbitration such alff erences as
they may be unable to resolve by mutual agreement. Nothing
contained herein shall be construed to limit or restrict the legal
rights and powers of the City or The Franchisee.
30. R.1ght t. R_quir _ The failure of the City at
any time to require performance by the Feanchisee of any provisions
31. 'E-3�—f4A4Z.3..cS3ZIt is hereby understood and
agreed that the Feanchisee is — independent contractor and not an
agent of the City.
32. M on. This franchise constitutes the entire
agreement and understanding between the parties hereto, and it
shall not be considered modified, altered, changed or amended in
any respect unless in writing and signed by the parties hereto, and
adopted as an amending franchise ordinance.
33. NDtj . - required for any purpose in this franchi ,
notice shall be addressed and sent by certified United States mail
to the City and the Franchisee as follows:
CITY: Geraldine D. 2ambri, City Clerk
Longwood, Florida 32750
34. ar All remedies
provided in this franchise sha11 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 or in equity. In the
event the City sha11 prevail in any action arising hereunder,
ygygt„pypn iay�_and v 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
of Florida.
36. Hs —ad ing?. The headings of the sections of this franchise
are for purposes of convenience only and shall not be deemed to
expand or limit the provisions contained in such sections.
37. Warra of FranU isee. The Franchisee represents and
warrants unto the City that no officer, employee, or agent of the
City has any inters , either directly or indirectly, in the
b—mess of Franchisee to be conducted hereunder.
l8. Amendment. The City reserves the right to amend this
ordinance in any manner necessary for the —11h, safety, welfare
of It. public or to c mply with laws, statutes, regulations or
interlocal agreements, and the City reserves the right, it the
public interest from Time to time, to prescribe reasonable rules
consisting bf 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
to comply with Florida Statutes section 287,133, as amended, or its
SE sepa rability: The prov.i sions of this ordinance
are declared to be separable and if any section, sentence, chose
of this ordinance but they shall remain 10 effect, it being the
legislative intent that this ordinance shall stand notwithstanding
the invalidity Of any part.
effect upon final adoption antl upon acceptance by the Franchisee.
IIERT
SECOND HEADING:
PASSED AND ADOPTED THIS/f�,T& DAY OP+.., w�' , /1f7
l liam Mayor
ATTEST:
G�7
�al�ine�City rk
Approved a o form legality for use and reliance by the City
Of Longwoodand t , Florida, Only.
�>
.,frCy Attorney
company AI
0Y— _— nth d n9�nt
s g ure of or v