Ordinance 97-1368onoxNANCe crs._szas_ss
ANTING Of'CA NFE'%CLUSZVE F'RANCHIS£ PpOVI DI NG
FOR THE COLLECTION O RCLAL SOLID WASTE, TO IMPOSE
CERTAIN TERMS, C REQUIREMENTS RELATING TNERETO~
PROVIDING SEVERAeI LITY, CONFLICTS AND AN EFFECTIVE DATE.
SECTION ONE. Tnere is hereby granted to Jenn
~n¢aco ence2 se~~leee. Iee. _________ (Herein callea the
Franchisee"~, its successors and assigns, a non exclusive light,
privilege or franchise to collect solid waste materials from
commercial establishments within the City of I.ongwooa, Seminole
County, F1or.i aa, aurinq the term and subject to the following
r
limitations ana oonaitione as Hereinafter set form.
a. city" shall mean the city of Longwooa, eloriaa, a
municipal corporation.
b. Franchisee" shall mean the rna rvrtlua 1, partnership
or eorpoeation who/which ageees, as Hereinafter provided to perform
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materials requiee subsequent processing or separation from each
Solid waste management" shall mean the process by
processetl, or disposed of 1n any othee way, according to an
orderly, purposeful, and planned program which includes closure and
tong-term maintenance.
e. Solid waste management facility" shall mean a solid
waste disposal a[ volume reductron plant, transfer stair ,
materials recovery facility, or other facility, designated by the
city, the purpose of which is resource recovery or the disposal,
the requirements of FS s. 4aJ. 7046(4) except th portion of
facilities, if any, Chat is used for the management of [are
f. Solid waste shall mean sludge unregulated under
the feaeral clean waxer act or clean am eon, sewage from a waste
treatment woeks, water supply treatment plant, or err pollution
control facility, e includes gaebage, rubbish, refuse, special
semisol ia, of contarnea gaeeous material resulting from aomestio,
industrial, commercial, turning, agricultural, or governmental
operations. Recovered materials as defined in FS s.40].1o3 (T) arE
~. not aolia waste.
y. commercial establisnment^ means a property or
properties zoned or used for commercial or industrial us r used
by an entity exempt from taxation under s. 5oi (c)(1) of the
Internal Revenue Code, and excludes property or properties zoned or
h. consirnccion ana aemolition aebris^ means materials
generally considered to be not water soluble and nonhaeardous in
natur including, but not limited steel glass, brick,
concrete, asphalt eooEinq material, pipe, gypsum wallboard, and
lumber, from the construction oe destruction of a structure as part
of a construction of demolition project, and including rocks,
~' normally results from land clearing or land development operations
Eor a construction project includ ing such debris from construction
project site. Mixing of construction and tlemol it ion debris with
other types of solid waste, including material from a construction
I. Container shall mean any Portable, nonabsorbent
enclosed container with a close fitting cov r doors, appeoved
by the Nealth p tment and the City, which is used to stare large
volumes of eef use. IC must be capable of being serviced by
mechanical equipment.
j. "Special Waste means solid wastes that can require
spacial handling and management, including, but not limited t ,
white goods, waste tiees, used oil, lead-acid batteries,
construction ana demolition debris, ash residue, yard trasn, ana
biological wastes.
k. Biomedical waste means any solid waste or liquid
includes, but is not limited t on-liquid human tissue and body
parts; laboratory and veterinary waste which contain human-disease-
causing agents; discarded disposable sharps; human blood, and human
blood products and body fluids; and other materials which in the
generating facility. The term does not include human remains that
are disposed of by persons licensed under chapter 4]0.
i. Biomedicai waste generator" means a facility or
person that produces or generates biomedical waste. The term
includes, but is not limited t hospitals, skilled nursing or
convalescent hospitals, intermediate care facilities, clinics,
dialysis cline ental off is ealth 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 capability of causing disease or infection and includes,
but is not limited iomedical waste, diseased or dead animals,
and other wastes p le of tra n.,m fitting pathogens to humans or
animals. The term does not include human remains that are disposed
of by persons licensed under chapter 470.
n. "Mateeials ee<overy 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
o. Recovered materials processing facility" means a
facility engaged solely in the storage, processing, resale, or
reuse of recovered materials. Such a facility is not a solid waste
management facility if i[ meets the conditions of FS s.
r` tlef fines such teem.
q. "Pelletizetl paper waste" mean pellets produced
exclusively from disca edetl payee which is derived from a solid
facility and which is shredded, extrud or formulated into
compact pellets of various sizes for the use as a supplemental fuel
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 a., credits toward the goals for retluction of solid
waste pursuant to FS s. 403."105 (4)(B).
r. Source separated" means the recovered materials are
separated feom se l.id waste wheee the recovered materials and solid
waste are yeneraeea. xne term apes not regwire enat varroes types
of reeoverea materials be eeparaeea from eaon other ana recognises
ae mrnrm,s solid waste, an accoraanoe with industry stanaaras ana
pracbices, mar be incmaea in tee reooverea materials.
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a. The term of this fra nchl5e shall terminate on
:,gam mb _r sQ, ~ypp=, following the effective date Rereof peov ided,
however, the City reserves the righ[ to termr na to the same prior
tRereto if the Franchisee defaults in any one of the teems and
conditions herein specif iea.
b. on October 1998, this Franchise shall be
automatically extended for an additional term o on r expiring
the following September ] 9 provided the Franchisee shall
exclusive right to the Franchisee(s). The Contra toe shall be
responsible for billing and collection of Commercial Solid Waite
Collection services and aisPOSal costs.
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 Ue City
~. shall utilize the services of a collector not holding a francRise
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 Franchrsee shall make
collections at all <ommerc ial establishments subject to the terms
adequate services and to protect the environment.
5. Fra Ong A fee of fifty dollars
($50.00) shall be eha eged for each franchise application to cover
associatea aaminiatrative ousts.
6. Hours, collections sha 11 be made between ]. 00 a.m. and
7.00 p.m. unless different [rmes are approved by ehe City.
~. I.1<C. 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
contarner curing the process.
a. contarners vaea
for collection of solid waste feom commercial establishments shall
be standard manufactured-type mechanically served contarners,
compatible with the private commercial collector's sere rc ing
eyuipme nt. containers shall b placed at locations reatlily
accessible to franchisee's personnel. contarners shall be located
upon private property unless the use of public property is approved
by the City Violations of this sectron shall constitute a breach
and default of this agreement. TRe type of container used, or the
location thereof, may vary from the provisions of thrs sectron rf
approved in wrrting by the City of Longwood, Floeida.
9. R over d Material
a, Recovered materials generated at commercial
establishments must be source separated at the premises of the
commercial establishment prior to collection by a properly
certif iea reoowerea materials aea ler.
30. Hazardous Materials. Co1lecCion of special and hazardous
materials shall be in stilct compliance with all federal, state,
and local laws and regulations. Said materials shall be scored and
placed in a manner approved by the appropriate eequlatory agency,
r.e., FUER, U.S. EPA, etc., and the City of Longwood.
11. o~lection e ,
a. The Franchisee shall provide an adequate number of
vehicles for regular collection services. They shall be kept in
good repair, appearance, and in a sanitaey condition at all times.
Each vehicle shall have clearly vrsible the name and phone numbee
of the Franchrsee and vehicle number not less than twelve inches
commencement of each franchise year the description and quantity of
vehicles and equipment on hand and available for regular collection
manner approved by the City to identify its capacity in yardage,
scheduled date of pickup antl its "dumpster number r. e., 6, M ,
452 wou Stl be a six (6) ya ed dumpste e, to be picked up Monday,
Wednesday and Friday and it would be dumpster number 952. Such
markings shall be amended to provide such othez information as Che
City may reguize promptly upon receipt of a notice from the City
requiring a change of container ma ek ings.
contacted, where service may be applied Yoe, and complaints can be
made. It shall be equipped with sufficient telephones, shall have
one (i) responsible person in charge during collection hours and
shall be open during collection hours.
lI. Xai lino. All solid waste hauled by the Franchisee shall
/` prevented. In the event of any spillage, leaking, or blowing of
materials from teu the Franchisee sha 11 immealately clean up the
waste.
14. D's_ sal. All solid waste for disposal shall be hauled
to FDER approved sites or facilities legally approved to accept it
for treatment or disposal and designated as an approved site by the
City All recoveretl materials must be processed at a ceetif ied
recovered materials processing facility.
15. d All charges and rates for the
commercial collection of garbage shall be .,et by the Franch rsee in
negotiation with the commercial establishment requiring the
Aaees and charges shall not be set by the City
a. Foi the privilege of collecting solid waste from
commercial establishments within the City, ecuring 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 grass revenue from all sources related to the
franchisee's operations 1n the City, including fees, charges,
rental of equipment, and funds paid outside the City for hauling
materials from the City. Payment to Che City shall be made four
December for three (3) full months immediately preceding
payment, except the firsT payment if The first period is less than
three moot in whrch case payment shall be prorated. Payment
not rnclude 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
accoedance with procedures established feom time to time by the
shall be considered as an opeea tional expense.
17. ggggyd~ . Along with the quarterly remittance of the
franchise fee, Ue Franchisee shall provide the City with a report.
Said report shall be rn a hard copy form. The report sha 11 include
such information as the City may reasonably requiee so as to ensure
proper refuse servace to all commercial establishments within the
City and so as to ensure Feanchisee's <omPliance with the terms and
conditions of this report. Each report sha 11 contain as a minimum.
(6) compactor(s)
(~) Pick-up Schedule far Containers and Compactors
(e) Number oP Pick-ups for all containers and compactors
(9) Franchisee Fee
18. Notification. The Franchisee shall notify all customers
about eequ lations and tlaYS of collection.
19. £ca nchi see Personnel.
a. The Franchisee shall assign a qualified person or
persons to be in charge of his ope cations 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 times, carry a valid
operator's License Lor the type of vehicle he is driving.
d. The city may request the dismissal oe appropr iaie
discipline of anY employee of the Franchisee who violates any
provision hereof or who is wanton, negligent, or discourteous 1n
e. The Franchisee shall provide operating and safety
training for all personnel and shall certify same to the City
annually upon renewal of this Fra n<hise.
f. The E'ranch isee shall comply wrth the Equal
Employment Opportunity Peogram, the Fair Labor Sta ndaids Act and
all othee applicable Federal and State Statutes peeta fining to Fair
Employment practices.
20. Fra u'omen~.
a. A11 trucks or other vehicles operated by the
Franchisee in the City shall be subject to, and shall immediately
submit to spot, on [he road Inspections by the City oe its agent
and if found to be unsafe, said vehicle shall be Immediately
removed from service until it can be eepa fired and is successfully
reinspectetl.
City Commrssl if found after notrce to the Fra nchfsee and an
opportunity to be heard, to be flagrant or repeated in nature.
21. moliance wrthin Laws. The right is heeeby reserved for
Che City to adopt, rn addition to the provisions herein contained
and existing applicable ortlinances, such additional regulations as
rt shall find necessary in the exercise of the police power,
provided that such regulations by oed finance or otherwrse shall be
reasonable and not in conflict with the intended purpose of this
ordinance. This shall include requiring the Franchisee to dispose
and derive[ solid waste to a designated facility. The Franchisee
shall conduct operations antler this ordinance in compliance with
all applicable laws and interlocal agreements be<ween the City and
comply shall constitu<e a default hereunder
The extent that any provision of this franchise is inconsistent
with any existing ordinance, then such existing oedi nonce shall
prevail and control.
22. Payment Bond. The Franchisee shall furnish to the City
a Payment Bond executed by a surety licensed and au<horized to do
business in the State of Florida in the amount of $100,000.00
insuring the Faithful payment and performance of the terms of this
ortli na nce and executetl by a eueety company. Said Payment Bond is
and payable hereunder and paid as and when due
express conditions that the Franchisee shall be liable for all
damages oe injury to persons or peoperty caused by its neglect or
mismanagement, or by the actions of any of its employees while
engaged in the operations herein authorized, or for any actrons or
proceedings brouyht as a result of the award of Chis franchise to
Franchisee, to specifically include but not be limited to Anti-
trust actrons or proceedings. Should the City of Longwood be sued
therefor, the erancnisee shall be not if iea of soon sw ana
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
sort and should jutlgment go against the City rn any such ca ,
Franchisee shall forihwitn pay the same. The Franchisee shall
employees from any judgments recoveeed by anyone for personal
injury, death or properCy damage sustarned by reason of any of the
Feanch isee`s activities permitted by this franchise oe Yoe any
actions or proceedings broughC as a result of the award of this
franchise to Franchisee, to specifically include but not limited [o
including costs and attorney's Eees, in defending against any sncn
claim made against the City or any of the City's agents, officers
public Stability and peoperty damage insurance in the amount of
$5, 0 pee accident, event or occurrence, naming the City as an
additional insuretl to the extent of its rights against Franchisee
arising by virtue of this section. The rnsurance policy will
provide that the City shall be given thirty (~0) days wrrtten
notrce prior to cancellation or modification. A copy o£ said
policy of insurance .shall be filed with the City Clerk on oe before
the operations of the Franchisee, including the City, ali licenses,
certificates, permits or other authorization which may be necessaey
for the conduct of its operations. The Franchisee shall pay all
excises which may be assesse levied, exacted or imposed on its
property, on its operations, on its gross eece ipts, and upon this
franchise and the rights and privileges granted herein, and shall
25. Worker's C sation. The Franchise shall carry, with
an insurance company authori2ed eo transact business in the State
of Florida, a policy that fulfills all the requirements of the
worker's Compensation Act of said Sta including all legal
requirements for occupational diseases.
26. Assio nment. No assignment of franchise or any right
the customer, in the event oY any assignment, the assignee and the
assignor shall both be liable under the Franchise.
collected and charges therefor, antl the City shall have the right
to review those records which in any way pertain to the payments
due it as well as the billing of all customers by the Franchisee.
If disposal facilities aee operated by the City, records of
incoming wastes shall be maanta fined by the City. The Franchisee
will be responsible for the monthly billing of the customer.
Fra nchrsee shall furnish the City Finance Division
the service year or portion thereof ending Ue peevious dept3mb r
1Q4A~ Said audit shall be prepared by an independent certified
public accountant complete with creditor's opinion which opinion
shall be subject to acceptance oe rejection by the City. The audit
shall ref lece the accuracy and completeness of the rnformation
provided the City by the Franchisee including detailed data and
insolvent and in any evenT if the Franchisee files a petition of
voluntary or involuntary bankruptcy, Chen this franchise shall
the Franchisee wrrtten notice of default, which notrce shall set
forth the natuee and extent thereof. If a default can be
correct he Franchisee shall nave thirty (]o) days following the
notrce of aefaalt eo correct ine same. xf cne Francn isee proceets
ine reasonableness or propriety oe the city's aeclaratlon, sa is
protest shall be served upon the City in writing within ten (lo)
days following receipt by the Franchisee of the City's notrce.
b. xe the city ana me Franchisee cannot agree ae to
the reasonableness o propriety of the City's declaration of
default, Chen the issue shall be promptly submrtted to binding
arbitration. Tnree qualified arbitrators shall constitute a Board
of Arbrtratr ne arbltratoe Co be selected by the City, one by
the Franchisee antl one by the arbitrators so selected. The Board
of Arbitrators shall notify the CicY antl the Franchisee of their
determination of the seasonableness and propriety of the city's
declaration of tlefault not latee than thirty (30) days following
subm tssion of the issue to [he Board. Arb itcation shall be
pnrscanc to the eloriaa Arbitration coae, cnaptar s eloriaa
c. The purpose of thts section is to enable the City
antl the Franchisee to resolve by arbitration such differences as
they maY be unable to resolve by mutual agreement. Nothing
containea herein snarl be conatraea cp limit or ro.,tricc the legal
rights and powers of the City or the Franchisee.
Io. Rio to re Performance. Phe failure of Ue City at
any time to require performance by the Franchisee of any provisions
Hereof shall in no way affect the right of the City thereafter to
enforce same. Nor snail waiver by the City of any breach of any
provisions hereof be taken or held to be a waiver of any succeeding
breach of such provision or as a waiver of any provision itself.
ll. I endent Contractor. Ie 1s hereby understood and
agreed that the Franchisee is an independent contractor and not an
agent. of the City.
~. I2. Modification. This franchise constitutes the entire
agreement antl understanding between the parties hereto, and it
shall not be considered modif ietl, altered, changed or amended in
any respect unless in wrrting and signed by the parties hereto, antl
adopted as an amending franchise ordinance.
JI. Mg$'~c€. As requiretl for any purpose in this franchise,
notice shall be addressed and sent by certified United States mail
to the city and the xranch,see a~ follows:
exxy: cera lame ~. zambri, city clerx
nongwooa, Florida 3n so
J4. Remed!es. torn y's FegSAp~pgy,d. A11 remedies
provided in this franchise shall be deemed cumulative and
additional and not in lieu of or exclusive of each other or of any
other remedy available to the City at law or in equity. In the
event the city shall peevail in any action arising hereunder,
Franchisee shall pay to the City its cos eferable thereto,
including attorney`s fees.
35. ggygt g yaw and Veni This franchise agreement shall
be governetl by the laws of the State of Florida. Any and all legal
action necessary to enforce the P.greement will be held in Seminole
County and the Agreement will be interpreted according to the laws
of Florida.
S5. tigp$ypgS. The heatlings of Ue sections of this franchise
are for purposes of convenience only and shall not be deemed to
warrants unto the City that no offic employee, or agent of the
City has any interest, either directly or indirectly, in [he
Ja. Amendment. The city reserves the right to amend this
ora finance in any manner necessary for the health, safety, welfare
t of the public or to comply with laws, to tut r qulations oe
interlocal agreements, and the City reserves the right, 1n the
and regulations yoverning era nchisee s operations hereunder
services convicted vendor" list. This list is defined as
consisting of persons or affiliates who are di squaliYied from
public contracting and purchasing process because they have been
found guilty of a public entity crime. The 3'eanchisee is required
to comply with elorida statutes section 28~.3IJ, as amended, or its
The prov.i sions of this ordinance
are declared to be separable and if any sectron, sentence, clause
or phrase of thrs ordinance sM1a11 for any reason be held to be
Invalid or unconstitutional, uch decision shall not affect the
validity of the remaining sections, sentenc causes and phrases
of this ordl na nce but they sM1a11 remain rn effect, rt being <he
legislative intent that this ordinance shall stand notes ithstandinq
the inval id iey of any part.
sECTION THREE ate. This ordinance shall take
effect upon final adop[ion and upon acceptaance~. by the Francrh/i see.
FIRST READING: vL/~v~'~^"/ ~, ~99 /
sECOND READING: S /fl 9
RASSeD AND ADOnxeD Txls /S,11 DAV oe~-~.,.~.~, /y 97
A~" ~. ~l
William E. Winst Mayor
ArrrsT: l~ r~L/
c~mti c,ty clerx
Approved a o form and legality for use ana relrance by the city
of Longwood,tFlorida, only.
ro ara s. aylor, ar.~GS y A
The f regoing Ordinance N 9L-126e the franchise provided for
and all the and and itions eof hereby
h pted, approved tdrm agreed c to this th Zo tti re day
a 0c~0.oGel~ lye. of
company N n cee
signature'~f r or Authorvzed Agent
ervnt Name: Pm6az+a a~.r-Gau~n rerk~ y tm~d~t~w-wje2