Ordinance 97-1373~~ oxoiNANCE NA s -13]3
ORDINANCE OF '1' £ LONGWOOD, F PROVIDING
FOR THE GRANTING NO N-EXCLDSIVE P ISE TO
YS
FOR THE C CTION OFR C IAL SOLID WASTE, T
AIN TERMS E C IONS AND REgEIREMENTS A TING THF.RETOE'
PROVIDING SEVERABI LITY, CONFLICTS AND AN EFFECTIVE DATE.
There is hereby granted tom
"Franchisee"7, its successors and assigns, a non exclusive right,
privilege or franchise to collect soiia waste materials from
commercial establishments within the City of Longwood, Seminole
County, Florida, clueing the term and subject to the following
a. ciey" shall mean the city of Longwooa, Floriaa, a
municipal <orporaiion.
b. "Franchisee" shall mean the ind iviaual, partnership
or corporation who/which agrees, as hereinafter provided to perform
the 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, textile, or rubber macerials that have known r ycling
source separated or have been removed from the solid waste stream
~, Eor sale, u or reuse as raw rt~a terial s, whether oe not the
materials req re subsequent processing or separation from each
other, but does not rnclude materials destined for any use That
constitutes disposal. Recoveretl materials as described above are
not solia waste.
d. "Solid waste management" shall mean the process by
which solid waste is collected, ransported, stored, separated,
processed, or disposed of an any other way, according o an
ozaerly, purposeful, and planned program which includes closure and
long-term maintenance.
e. Sol i.d waste management facility" shall mean a solid
waste disposal ar volume retluct.i on plan[, transfer statron,
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
not include recovered materials processing facilities which meet
the requirements of FS s. 403.7046(4) except the 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 a1r act, sludge from a waste
treatment works, water supply treatment plant, or air pollution
conteol facility, r includes garbage, eubbish, refuse, special
was or other tliscarded material, lnc lading solid, liquid,
semesol f contained gaseous materral resulting from domestic,
zndustrlal, commerce mining, agricultural, or governmental
operations. Recovered materials as def i ned in FS s.4o3."l03 (~7 are
not solia waste.
g. Commercial establishment" means a property or
properties zoned or used for commercial or industrial uses, r used
by an entity exempt from taxation under s. 5o1(c)(3) of the
Internal Revenue Code, antl excludes property or properties zoned or
used for single-family residential or multifamily resitlentiai uses.
h. Construction and demolition debris" means materials
generally consrdered to be not water soluble and nonhazardous in
nature, including, but not limited steel glass, brick,
concrete, asphalt roofing material, pipe, gypsum wallboard, and
lumber, Frort~ the constructron Dr destruction of a structure as part
of a construction o£ demolition project, and including rocks,
soils, tree remar tre and other vegetative matter which
normally eesults from land clearing oe land development operations
for a construction project includ inq such debris from con.,tructron
o£ structures at a srte remote from [he constructron or demolition
project sate. Mrxing of constructron and demolition debris with
of demolition site which 1s not feom the actual construction or
destruction of a struciu rll cause it to be classified as other
than construction and demolition debris.
I. Container" shall mean any Poetable, nonabsorbent
by the Health Department and the City, which is used to .,tore large
volumes of refuse. it must be capable of being ervrced by
j. "Special Waste means solid wastes that can reguir[
special handling and management, ncluding, but not limited to,
white goods, waste tires, used of 1, lead-acid batteries,
biological wastes.
k, Biomedical waste means any solid waste or liquid
waste which may present a threat of infection to humans. The term
includes, but is not limited Yo, on-liquid human elssue and body
parts; laboratory and veterinary waste which contain human-disease-
causing agents; discarded disposable sharps; human blood, and human
blood peoduets and body fluids; and other materials which in the
opinion of Che department of Hea leh and Rehabilitative Services
represent a significant risk of infection to persons outside the
/` generating facility. Phe term does not include human remains that
are disposed of by persons licensed under chapter 470.
1. Biomedical waste generator" means a facility or
person that peoduces or generates biomedical waste. The team
includes, but is not lim'i ted to, hospitals, skilled nursing or
convalescent hospitals, intermediate care facilities, clinics,
dialysis clini ental off is health maintenance organizations,
surgical clinics, medical buildings, physicians' offices,
laboeatories, veterinary clinics, and funeral homes.
m. "Biological waste" moans solid waste that causes or
has the capability of causing disease or infection and includes,
but. is not Simited t biomedical waste, diseased or dead animals,
and other wastes capable of transmitt g pathogens to humans or
~. animals. ahe term apes not rncluae neman remarns inac are aisposea
of by persons licensee ~naer onapter ago.
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 any combination of such materials.
o. Recovered materials processing facility" means a
facility engaged solely rn the storage, processing, resale, or
reuse of ee<overed materials. Such a facility is not a solid waste
management facility if 1t meets the conditions of FS s.
903."I045(1)(f).
facility and which is sh Bedded, extrpd ea, or formulated into
compact pellets of va Brous sites foe Ue use as a supplemental fuel
other Chan waste-to-energy facilities may be usetl by local
governments as ceeaits towaea the goals for reduction of solid
waste pursuant to FS s. 40~,~06(4)(B).
r. Source separated" means the recovered materials are
p rated from solid wasca where ene re~overea materials and aolia
waste are generated. The term does not require that various types
of recovered materials be separated from each other and recognizes
de minimis solid waste, >n accordance with industry standards and
practices, may be included in the recovered materials.
2. L4'Lm.
a. The term Of this franchise shall terminate on
b .._1328_, following the effective date hereof provided,
however, the city reserves the eight to terminate the same prior
thereto if the Franchisee defaults in any one of the terms and
conditions herein specified.
b. On 1998, this Franchise shall be
automatically extended for an additional term of on r expiring
the following 5 tuber 30 1999, provided the Franchisee shall
~ make written application for said extension at least 30 days prior
to its termination. No further extensions shall be granted without
city Commission approval.
3. services erov idea by era nchis
a. Francniaee~sJ shall provide commercial solid waste
Collection services in the City of Longwood, which shall be an
exa lusive right to the Franchisee(s). The Contractor shall be
responsible for billing and collection of Commercial So11a Waste
Collection services and disposal costs.
4. Unauthorized Service
a. No other person or entity except the Franchisee(s)
may offer or provide Commercial Solid Waste Collection Service in
the City of Longwood. No commercial establishment within the City
~. shall utilize the services of a collector no< ho ltl ing a franchise
from the City. Violations of this section shall be enforced by the
City by legal action seeking injunctive Belief and damages.
c. Minimum Service. The Franchisee shall make
collections at all commercial establishmen[s subject to the terms
of this ordinance and at sufficient intervals necessary to perform
adequate services and to protect the environment.
5. F A fee of fifty dollars
($SO. 00) shall be charged far each franchise application to cover
associatea aaministrati~e costs.
6. Hours. Collections shall be made between ]. 00 a.m. and
].oo p.m. unless different times are approved by the City.
]. 3~aSS.eZ. The Franchisee shall not litter premises in the
process of making collections ana shall promptly Pick up all
papers, material or debris that may be scattered about the
for collection of solid waste from commercial establishments shall
be sta nda ed ma nufactueed-type mechanically seeved containers,
compatible with the private commercial collector's servicing
equipment. Containers shall be placed a[ 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 constitu[e a breach
and default of Uis agreement. The type of container used, or the
location thereof, may vary from the prow is ions of this section if
r approvetl in wr rt ing by the City of Longwood, Florida.
9. ReE.¢v~ie.tL
a. Recovered materials generated at commercial
establishments must be source sepa eat ed at the premises of the
commercial establishmen[ prior to collection by a properly
lo. Ha ardo ra s. Collection of special and hazardous
materials shall be in strict compliance wiih all fede[a 1, state,
and local laws and regulations. Said materials shall be stored and
placed in a manner approved by The appeopriate regulatory agency,
i.e FbER, U.S. E tc., and the City of Longwood.
11. t411ES2i9± £_ i Pn[.
r a. The Franchisee sha 11 provide an atl equate number of
vehicles £or regular collection services. They sha 11 be kept in
good eepa ir, appeaeance, 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"j in height on the rear and each side.
b. Franchrsee shall certify to the City upon the
commencement of each franchise year the tlescr.ipt ion and quantity of
vehicles and equipment on hand and available for regular collection
services and backup in the event of any breakdowns.
c. Each tlumpster shall be systematically ma eked, in a
manner approved by the City to identify its capacity in yardage,
scheduled date of pickup and its "tlumpster number i. MWF,
r
452 would be a srx (6) yard dumpster, to be picked up Monday,
Wetlne slay and Friday and rt would be tlumpster nunber 452. Such
markings shall be amended to provide such othee information as the
City may require promptly upon receipt of a notice from the City
requiring a change of <ontarner markings.
12. Office. The Franchisee shall establish and maintain a
contacted, where servace may be applied for, and complaints can be
made. It shall be equipped with sufficient telephones, shall have
one (1) responsible person in charge during collection hours and
iJ. a})_lul'pg. All solid waste hauled by the Franchrsee snail
be so contained, or enclosed that leaking, spilling or blowing are
/' prevented. In the evene of any spillay e, leaking, or blowing of
materials from truck, the Fra nchrsee shall immediately clean up the
14. Disposal. A11 solid wa.,te foe disposal shall be hauled
to FDE approved sites or facrlrtres legally approved to accept it
for ereatment oe disposal and designated as an approved site by the
city. A1.1 recovered materials must be processed at a certified
recovered materials processing facility.
15. GtaL A31 charges and Bates for the
commercral collectron of garbage snail be set by the Franchisee in
negot iaf ion with the commercial establishment requiring the
r
service. Rates and charges shall not be set by the City.
16, omny~nSaYion n .
a. For the privilege of collecting solid waste from
commercial establishments within the City, ecuring a franchise
from the Ci[y and foe the use of the City streets, the feanchised
coil ectoe 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 1n the City, rncludinq fees, charges,
rental of equipmene, and funds paitl outside the City for hauling
materials from Che city. Payment to the City shall be made four
(a) times per yea e, on March 15, Sune 15, September 15, and
December 15, for three (3) full months rmmed fate ly preceding
payment, except the first payment if the first period is less than
/~ ehree months. •n which case oa vment shall be urora ted. Pavment
shall make its financial records available to the City 1n
accordance with procedures established from time to tape by the
City. The fees paid pursuant to this Sectron shall not be added as
17. E489ZS3. Along with the quarte[ly remittance of the
franchise f he Franchrsee shall provide the City with a eeport.
Said report shall be in a hard copy form. The report shall include
r
socn f.neormation as u,e city mar reasonably require eo as to enacre
proper refuse service to all commercial establishments within the
City antl so as to ensure Franchisee's compliance with the teems and
conditions of this report. F.ach report shall contain as a minimum:
(1) Customer's Busyness Name
(z) customers a~synesa naaress
(~) Customer s Telephone Number
(4) Container(s) Number (s)
(5) contayner(s) capacity
(6) compactor(s)
(>) Pick-up schedule for containers and Compactors
(e) Number oP Fick-ups for all Contayners and Compactors
(s) Franchisee Bee
t le. Not Tne eranon isee shall notiey all castomers
about regutations and days of collection.
19. Franch P el.
a. 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 tRe company's name.
c, Each employee shall, t all Lyme s, carry a valid
operator's license For the type ok vehicle he vs driving.
d. The City may Bequest the dismissal or appropriate
discipline of any employee of the Franchisee who violates any
provision hereof or who vs wanton, negligent, or tliscourteous in
the performance of his dutres.
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 Progzam, the Fa ~r Labor Standards Act and
all other applicable Federal and State Statutes pertaining to Fair
£mployment practices.
a. All trucks or other vehicles operated by the
Franchisee rn the City shall be subject to, antl shall immediately
submit to spot, on the road inspections by the City or its aqe nt
and if found to be unsafe, said vehicle shall be immediately
I` removed Peom servrce until it can be repaired end is suoces sfully
reinspected.
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. once within Lax s. The right is hereby reserved for
the City to adopt, in addition to the provisions herein contained
and existing applicable ordlnane such additional regulations as
tt shall find necessary in the exercise of the police power,
provided that sucF reyu la tions by oed finance or otherwise shall be
reasonable and not in conflict. with the intended purpose of this
~. ordinance. rhis shall include requiring the Franchzsee to dispose
ana aelioer eolia waste to a designated facility. Tne Franchisee
shall conduct operations under this ordinance in compliance with
all applicable laws and interlo<al 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 exr st ing ordinance and to
the extent that any provision of this franchise is inconsistent
with any existing ordinance, then such existing ordinance shall
prevail and control.
22. Pavm nt Bond. Tne Franchisee shall furnish to the City
a Payment Bond executed by a surety licensed and au thoeized to do
business 1n the State of Florida rn the amount of 5100,000.00
I' rnsuring the faithful payment and performance of the teems of this
ordinance ana ezecut ea by a surety company. said Payment bond i..
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 pa is as and when due.
2l. Liability. The privileges herein granted are upon the
express conditions that the Franchisee shall be liable for all
dam ge or injury to persons or peoperty caused by its neglect or
mismanagement, r by the actions of any of r[s employees while
engaged in the operations Herein authoeized, or for any actions or
proceetlings brought a.. a result of the award of this franchise to
Franchisee, to specifically include but not be limitetl to anti-
trust actions or proceetlings. 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 the legal fees of the City's attorney to defend the
Franchisee shall forthwith pay the same. The Fea n<hisee shalt
indemnify antl save harmless the City, its agents, officers and
employees from any judgments recovered by anyone Eor personal
injury, death or property damage sustained by reason of any of the
Franchisee's activities permitted by this franchise or for any
actions oe proceedings brought as a result of the awa[d of this
franchise [o Franchisee, to specifically include but not Limited to
Ant r-tru s< actions or proceedings, nd shall pay all expenses,
rncluding costs and attorney's fees, rn defending against any such
I^ claim made aaarnst the crty or anv of the citv's agents, officers
55, 000, OOO per accident, event or occurrence, naming [he City as an
provide that the City shall be given thirty (lD( days wri<ten
notlc p[ior to cancel3aY ton or modification. A copy of said
policy of insurance shall be filed with the City Clezk on or before
the effective date of this franchise.
24. L1E2y13E,s,. The Franchisee shall, at its sole expense,
procure from all go eenmental authorities having jurisdiction over
the p rations of the Franchisee, rncluding the city, all licenses,
oercif icates, permits or Dinar aathor,xation whion mar be necessary
for tna conaect of its operations. Tne eranchiaaa snarl pay all
taxes, licansea, certification, permit ana examination foes ana
excises whiah may be asaeeeea, leviea, exaceea or imposea on its
property, on its operations, on its gross receipts, and upon this
franchise and the rights antl privileges geanted herein, and shall
make all applications, repoets and returns required in connection
therewith.
25. Worker s sation. The Franchise shall carry, with
an insurance company authorized to <ransact business in the State
of Florida, a policy that fulfills all the eequirements of the
Worker's Compensation Act of said State, Including all legal
No assignment of franchise or any right
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 boeh be liable under the Franchise.
27. B
a. Tne Franchisee shall keep records of wastes
collected and charges theref ana 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 (ranch isee.
If disposal facilities are operated by the City, records of
incoming wastes shall be maintained by the City. The Franchisee
will be responsible. for the monthly billing o[ the cus tourer.
b. eranehisee shall eurniah ine city Frnance orvrsron
wrth an annual autlrt, due on November 15 of each calendar year, for
the service year or p iron thereof ending the previous 5 (Lt mb r
~.q t~jl. Said autlrt shall be prepaeed by an independent ceetif ied
public accountant complete with creditor`s opinion which opinion
shall be subject to acceptance or eejection by the City. The autlrt
I` bankruptcy petition.
29. pel,Zgyy4.
a. The failure on the part of the Franchisee to comply
rn any substantial respect with any of the provisions of this
ordinance shall be grounds for a forfeiture of this franchise, but
no such forfeiture shall Cake effect until the City has served upon
the Franchisee wrrtten notrce of default, which notrce shall set
forth the nature and extent thereof. If a default can be
coreected, the Franchisee shall have thirty (30) days following the
days following receipt by the Franchisee of the City's notrce
b. xe the city ana the rranthisee cannot agree as to
the reasonableness o peopeie[y of the City's declaration of
default, then the issue shall be promptly submitted to binding
arbitration. Three qualified arbitrators shall constitute a Board
of Arbitration, one arbitrator io be selected by the Ci[y, one by
of Arbitrators shall notify the City and the Franchisee of there
determination of the reasonableness antl propriety of the City's
declaration of default not latee than thirty (]o) days following
submission of the issue to the Board. Arbitration shall be
pursuant to the Florida Arbitration Code, Chapter G82, Florida
c. The purpose of this section is to enable the City
I~ and the Franchisee to resolve by arbitration such differences as
they may be unable to resolve by mutual agreement. Nothing
any time [o eequtee performance by the Franchisee of any provisions
hereof sha 11 in no way affect the right of the City thereafter to
enforce same. Nor shall waiver by the City of any breach of any
ll. Independent tSh&~RZ~ It is hereby understood and
agreed that the Franchisee is an independent contea ctor and not an
agent of the City.
~. ii. nadifi.pSisv. Thrs franchrse constitutes the entrre
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.
II. y4sty As requieed for any purpose in this franchr ,
notice shall be addressed and sent by cert if ietl United State., mail
to Che City and the Franchisee as follows:
clay. ceraldi ne o. zamb ity clerk
Longwood, Florida ]2750
34. R nd Costs. A11 remedies
provided rn this franchise shall be deemed cumulative and
additional and not in lieu of or exclusive of each other oe of any
other remedy available to the City at law or in equity. In the
even[ the City shall prevail rn any action arising hereunder,
Franchisee shall pay to the City its cos s, referable thereto,
including attorneys fees.
i5. coveYlliA Th1s 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 Semrnole
County and the Agreement wilt be interpreted according to the laws
of Florida.
]6. He.3d1R4?~ The heatlings of the sections of this franchise
are Eor purposes of convenience only and shall not be deemed to
expand or limit the provisions contained in such sections.
37. wawa ty o see. 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.
le. Am ndm n The City reserves the right to amend this
ordinance in any manner necessary for the health, safety, welfare
of the public or to comply with laws, taut regulations or
interlocal agreements, nd the city reserves the right, in the
public interest from time to tame, to peescribe reasonable rules
and regulations governing Franchisee's operations hereunder.
]9. Public Entity Crimes No Franchisee or Contractor may be
found guilty of a public entity crrme. The Franchisee is required
to comply with Florida Statutes Sectaon 207.1 s amended, or its
,SECTS9N TWO abil The provisions of this ordinance
r are declared to be separable and if any section, sentence, clause
or phrase of this ordinance sha 11 for any reason be held to be
invalid or unconstitutional, uch decision shall not affect the
validity of the remaining sections, entences, clauses and phrases
of this ordinance but Yhey sha 11 remain in effect, it being the
legislative intent that this ordinance shall stand notwlYhstanding
the invalidity of any part.
effect upon final adoption and upon acceptance by the Franchisee
FIRST READING: ~ ~.~1/S~ /9 ~f7
SECOND REA02NG: ~9 rJ'7
/'~ PASSED AND A00PTSD TtIZS N% 1IUAY O£V ~cf.2/ , /1f E17
~~~
William E. Winston, Mayor
A'i TESS:
~~~ ' ~~~
bra±ti in n. mLri tY clerk
Approvetl a d legality for use and reliance by the City
of Longwood, iFlo~idaa, nonly.
__,__
/ //~ -._
Richard .~P ylo r, J rty Attorney
Company Name _ _.!,x.Sh_Rme£.ica_,_..Sn.s_~-