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Ordinance 97-1369r~ 1s a to pRpza Ln.ac _ a~ __ _ , a roe from materials require subsequent processing or separation from each other, but does not rnclude materials destined for any use that constitutes disposal. Recovered materials as described above are not solid waste. a. sol is waste management^ shall mean the procees by which solitl waste 1s collected, transported, toted, separated, processetl, or disposed of rn any other way, according o an orderly, purposeful, and plannetl program which includes closure antl long-term maintenance. e. Solid waste management facility" shall mean a solid waste disposal ar volume retluctro p ant, transfer station, materials recovery facility, oz 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 tloes not rncluae reeoverea materials proeeseinq facilities whrch meet the requirements of FS s. 401.046 (4) except the portion of the federal clean wager act or clean ate act, sludge from a waste treatment works, water supply treatment plant, or art pollution control facility or rncludes garbage, rubbish, refuse, special waste, or other aisearaea macerial, rnelaaing solid, liqu ia, semrso lid, of contarnea gaseous material resulting from aomest ic, rnansirr eommeroral, corning, agrioultwral, or governmental operations. Reeowerea materials as aef inea in Fs 5.4o1.~o1 (~) are r. not aolia waece. g. Commercial establishment" means property or properties zoned or used for commercial or industrial uses, or used by an entity exempt from taxa[1on under s. Sol(c)(3) of the Internal Ravenue Co nd 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 nature, including, but not limited to, steel glass, brick, concre asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structuee as part of a construction of demolition project, ana inc lading rocks, soils, tree remain ire and other vegetative matter which ~ normally resu its from land clea tiny or la na development operations foe a construction project including such debris from construction of structures at a si[e remote from the construction or demolition project site. Mixing of construction and demolition debris with other types of solid waste, including material from a construction of demolition site which is not from the actual construction or aeetruetion of a suuotur , will cause it to be elassieiea as other than eonatrneeion ana demolition aebria. I. Container shall mean any portable, nonabsorbent enclosed container with a close fitting cover, or doors, approved by the Health Department and the City, which is used to store large volumes of refuse. It must be capa bl.e of being erv.i ced by mechanical equipmene. ~. "special waa<e" means aolra wastes coat can requir< special handling and managemen<, incmainq, bu< not limieea t , 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 to, non-liquid human tissue and body parts; laboratory and veterinary waste which contain human-tlisease- causing agents; alsca riled disposable sharps; human blood, and human blood products and body fluids; and other materials which in the opinion of the department of ~iea lth and aehabiiitat ive services represent a significant risk of infection to persons outside the generating facility. The teem does not include human remains that are disposetl of by persons licensed under chaptee 470. 1. Biomedical waste gene ea tor" means a facility or person that produces or generates biomedical waste. The term rncludes, but is not limited to, hospitals, skilled nursing or convalescent hospitals, Intermediate care facilities, clinics, dialysis clinics, dental offices, health maintenance oeganizations, surgical clinics, medical buildings, physicians' of Eic , 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 to, biomedical was diseased or dead animals, and ocher wastes capable of transmitting pathogens to humans or .rm aoea not rnclaae n~man remaina tnat are aieposea icensea nnaer cnaptar ago. nateria is recova=y facility" means a aolia waste lity thaT provides for the extraction from solid able materials, materials sortable for use as a fuel r any combrnat ion of such materials. Recovered materials processing facility" means a waste management facility or a ee<overed maters is processing facility and which is shredded, extruded, oe formulated into compact pellets of various sizes far [he 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 r. Source sepa Bated" means the recovered materials are separated from solid waste where the recovered materials and solid waste are genera[etl. The term does not require that v of recovered materials be separated from each other an de mrn rm rs solid was in accordance with industry s peact ices, may be included in the recovered mater is l5 a. The term of this franchise shall Terminate on r _o, ~,9y_g_, following the effective date hereof provided, however, the Ci[y reserves [he right To Germinate the same prior thereto if the Franchisee defaults in any one of the terms and automatically extended for an additional term o_ on r expiring the following September ] s provided the Franchisee shall ~' make written application foe said extension at least ]o days prior a. Franchrsee (s) sha it provide commercial Solid Waste Collection Serv rces rn the Ci [y 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 servrces and disposal costs. a. No oth er person or entity except the Franchisee(s) may offer or provide Commercial Solid Was<e Collectron Service an 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 to is section shall be enforced by the 5. Fran "ng __ A fee of fifty dollars (550.00) shall be charged for each franchise application to cover 6. FL ups. Collections shall be made between 5.00 a.m. and 5:0o p.m, unless tlifferent times aee approved by the City. 5. Litter. The Franchisee shall no[ litter premises in the ~ process of making collections and shall promptly pica up all papers, material or debris that may be scattered about the container during the process. 8. ILSg a of Approved C Containers used foe collection of solid waste from commercial establishments shall 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 agreement. The type of container used, or the location thereof, may vary from th p visions of this section if approvetl in wn cing by the City of Longwood, Florida. 9. a. Recovered materials generated at commercial establishments must be source separated at the premises of the commercial establishment prior to collection by a properly certified recovered materials dealer. 10. Hazardous Materials. Collection of special and hava rdous mater ra is shall be in strict compliance with all federal, state, and local laws and regulations. Said materials shall be stored and placed in a manner approved by the appeopriate regulatory agency, a. e., FDER, U. S. EPA, et and .he City of Longwood. 11. ~! 1 ~ Wig ~. a. The Franeniaee shall prooiae an adequate number oe vehicles for regular collection servrces. They shall be kept in good repair, appearance, and in a sa nrtary condition ac all times. Each vehicle shall have clearly visible the name and phone number of the Franchisee and ven is le number not less than twelve inches b. Franchisee shall certify to the City upon the commencement of each franchise year the description antl quantity of vehicles and equipment on hand and available for regular collection c. Each tlumpster shall be systematically marked, rn a manner approved by the City to identify its capacity in yardage, scneduled date of pickup and its "tlumpster number" i. e., G, MW F, 452 would be a six (6) yard dumpster, to be 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 notrce from the City requiring a change of container markings. local office or such other facilities through which 1Y can be contacted, where serv ace may be applied for, and complaints can be 1J. you y;pg. All solid waste hauled by the Franchisee shall be so contained, or enclosed that leaking, spilling or blowing are prevented. In the event of any spillage, leaking, or blowing of materials from truck, the Franchisee shall immediately clean up the waste. 14. Disoosal. All solid waste for disposal shall be hauled to FULN approved sites or facilities legally approved to accept it foe treatment or disposal and designated as an approved srte by the City. All recovered maser is is must be processed at a certified recovered materials processing facility. S5. char4e.s'_and__lia.4€s~ AS1 charges and rates for the commercial collection of garbage shall be set by the Franchrsee rn negotiation wish the commercial establishment requiring the ~. service. Rates antl charges sha 11 not be set by the City. 16. Co^~szatypp_,gRd_E3YID.€oY~ a. Foz the privilege of collecting solid waste from commercial establishments within the City securing a franchise Erom the city and for the use o[ the city streets, the franchised collector sM1a11 pay to the City, a sum equal to twenty percent (10%) of the gross revenue from all sources related to the francM1isee's operations in the City, including fees, charges, rental of equipment, and funds paid outside the City for hauling materials from the City. Payment to the City aha11 be made four (4) times per year, on March 15, June 15, September 15, and December 15, for three (J7 full months immediately precetling payment, except tM1e first payment if the first period is less than /` three months, n which ca..e payment shall be prorated. Payment shall be directed to the City Fanance Division. Su cM1 fees shall not include fees generated from the collection of recovered materials. b. Franchisee, in fur [h er consideration of the franchise, shall make its financial reeoetls available to the City 1n accortlance with procedures established from time to time by tM1e City. The fees paid pursuant to this Sec[ion shall not be added as a separate item on the customer s collection bills, but rather shall be consitlerea as an operational expense. 17. R_ports. Along with the quarterly remittance of the franchise fee, the Franchisee shall provide the City with a report. Said report shall be in a hard copy form. The report shall include such informaxion as the City may reasonably require so as to ensure proper refuse service to all commercial establishments within the city ana so as to ensure Franchisee's compliance witn the terms and conditions of tnis report. Each report shall rontarn as a mcnimum. (lj Customer's Rusiness Name cz) ceammer e Ruerness xaaress (3) customer s Telephone Number (47 Container(s) Number (s) (5) Container(s) Capacity (6) Compa otoe(s) (~) Pick-up Schedule for Containers and Compactors (8) Number of P1ek-ups for all Contarners and Compactors (9) Franenisee eee 18. Notification. The Franchisee sna11 notify all customers about regulations and days of collection. 19. F~ h' ne . a. Tne Franchisee shall assign a qualified person or persons Yo be in charge of his operations in the City and shall give ehe name or names eo the city. b. Cranch isee's collection employees snail wear a clean uniform bearing the company's nave. <. Each employee shall, t all times, carry a valid operator's license for the type of vehicle he is driving. a. The City may request the aismrssal or appropriate discipline of any employee of xhe Franchisee wno violaxes any provision nereof or who rs wanton, negligent, or drscourteous in e. The Franchisee shall peovide operating and safety training foe all personnel and shall cert ifY same to the City annually upon renewal of this Franchise. f. The Franchisee shall comply with the Equal Employment Opportunity Peogram, the Fair Laboe Stantlards Act and all other applicable Fetleral and State Statutes pertaining to Fa lr Etnp loYment practices. 20. Fra c i_ee nt. a. A11 trucks or other vehicles operated by the Franchisee in the City shall be subject t and shall immetliately and if found to be unsafe, said vehicle shall be Immediately removed from service until it can be repaired and is successfully inspections may be grounds for cancellation of the franchise by the City Commcasr if found after notrce to the Franchisee and an opportunity to be heard, to be flagrant or repeated in nature. 21. ~ licence within Laws. Phe right is hereby reserved for the City to adopt, cn addition [o the provisions herein contained and existing applicable ordinances, such additional regulations as it shall find necessary rn the exercise of the police power, provided that such regulations by ordinance or otherwise shall be reasonable and not cn conflict with the •ntentl ed purpose of this ordinance. This =Hall inclnae requiring the Francnisea to ai poae all applicable laws and interlocal agreements between the Ci[y and seminole county for solid waste management ana its failure to comply sha 11 constitute a default hereunder. This franchise shall not be construed to repeal or revise any existing ordinance and to the extent that any peovision of this franchise is Inconsistent with any existing ord i.nance, Chen such existing ordinance shall prevail and control. 22. ~,yment_g_pyyQ. The Franchisee shall furnish to the City a Payment Bond executed by a surety Licensed antl authorized to do business in the State of Florida in the amount of 5100,000.00 insuring ehe faithful payment and perf oema nce of the terms of this in an amount deemed by the City and the Franchisee <o be reasonable and necessary to enable the City to ensure all franchise fees due and payable hereunder and paid as and when due. 2J. L The pe ivileges herein granted are upon the express conditions that the Franchisee shall be liable foe all damages or injury co persons or property causes by its neglect or mr=management, or by the actions of any of its employees while engaged in the operations herein authoriz r for any actions or proceedings brought as a result of the award of this franchise to Franchisee, to specifically include but not be limited to Anti- tru sT actions or proceedings. Bhoul.d the City of Longwood be sued inerefor, the Franchisee snap be notified of apch aui ana thereupon it shall be .its duty to defend the suit or at Che City's option to pay the legal fees of the city's attoeney to defend the suit and shoultl judgment go against the City in any such ca..e, Franchisee shall forthwith pay the same. The Franchisee shall indemnify antl 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 Franchisee's aceivities permitted by this franchise or for any actions or proceedings brought as a result of the award of this including costs and attorney's fees, in defending against any such claim made against the City or any of Che City's agents, officers or employees. Franchisee further agree to purchase comprehensive public liability and property damage insurance in Che amount of 55, o per accident, event oc occurren aming the City as an additional insured io the extent of its rights against Franchisee arising by virtue of this section. The insurance policy will peovide that the City shall be given thirty (70) days written notice prior to cancellacion or modification. A copy of said peocure from all governmental authorities having jurisdiction over the operations of the Franchisee, including the City, all licenses, certificates, permits or other authorltation which may be necessa ey for the conduct of its operations. The Franchisee shall pay all tax licenses, cert if icati n, permit and examination fees antl excises which may be assessetl, Levi xacted or imposed on its property, on its operations, on its gross receipts, and upon this franchise and the rights antl peiv.i leges granted herein, and shall make all applications, reports and returns required in connection therewith. z5. s SamBen The franchise mall carry, with the E'ran<hisee without <he expeess written consent of the City and a. The Franchisee shall keep records of wastes collected and charges therefor, and 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 Fra n<hisee. Ef disposal facilities are operated by the City, records of incoming wastes shall be maintained by the City. The Franchisee will be r p sib le for the monthly billing of the customer. b. Franchisee snarl furnish the city Finance o,~,sron wrth an annual audit, due on November 15 of each calendar year, Eor the service year ar portion thereof ending the previous .sgnt mher ]_QSA~ Saitl audit shall be prepared by an independent certified public accountant complete with creditor's opinion which op.i n.i on shall be subject to acceptance or rejection by the City. The audit shall reflect the accuracy and completeness of the information provided the City by the Franchisee including detailed data and terminate 1n no event later tnan the date of filing f the a. The failure on the part of the era nch isee 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 shall take effect until the Ci[y has served upon corrected, Ue Franchisee shall have thirty (30) days following the days following receipt by the Franchisee of the City's notrce b. IF the City and the Franchisee cannot agree as to the reasonableness o propriety of the City's declaration of default, then the rssue shall be promptly submrtted to binding arbrtratron. Three gaalifiea arbrtratore shall eenae state a eoara of Arbitration, one arbitrator to be selected by the City, one by the Franchisee and one by the arbitrators so selected. The Board deteem ination o4 the reasonableness and propriety of the City's declaration of default not later than thirty (JO) days following c. the purpose of this section is to enable the Clty and the Franchisee to resolve by aebitration such drfferences as they may be unable to resolve by mutual agreement. Nothing contained herern shall be construed to limit or restr lct the legal J0. R; The failure of the City at any trme to require performance by the Franchisee of any provisions hereof shall in no way affect the right of the City thereafter to enf oece same. Nor shall waiver by the City of any breach of any provisions hereof be taken or heltl to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 31. I dependent Contractor. It rs hereby understood and agreed that the Franchisee is an independent contractor and not an g t of the City. ]z. nnaif iea Tn in franchise conatitutes the encire agreement ana understanding between the parties here and it shall not be considered moaif ietl, altered, changed nr amended in any respect unless in writing and signed by the parties hereto, and adapted as an amending franchise ordinance. JJ. N911G As required for any purpose in this franchise, notice shall be adareseea ana sent by cert if iea United sca tes mail to the city ana the Franchisee as follows: CITY. Geraldine ~. Zambri, City Clerk Longwood, Florida ]2"150 ]a. ts. All remeaias proviaea in chic franchise shall be aeemea omm~lati~e ana aaaitional ana not in lion of or exclusive of eacn ocner or of any other remedy available to the City at law or in equity. In the event the Ci[y snail prevail in any action arising hereunder, Franchisee shall pay to The City its costs, referable thereto, me lading attorney's fees. 35. ing [aw and Venue This franchise agreement shall be governed by the laws of the Seate of Florida. Any and all legal action necessary to enforce the Agreement will be held in Sem mole County and the Agreement will be interpreted according to the laws JE. }y~3gings. The heatlings of the sections of Chis franchise are for purposes of convenience only and shall not be deemed io expand or limit the provisions contained in such sections. IJ. Warranty oP Franchisee. The Franchisee represents and wareants unto the Ci[y that no officer, employee, or agent of the City has any rnt ere.,t, either directly or indirectly, in the of the public or to comply with taws, tatut regulations or interlocal agreements, and the City reserves the right, in the public int eresi from time to time, to prescribe reasonable rule; and regu la [ions governing F'ranchisee's op eat runs hereunder. 39. Pubs' ity Crimes ND Franchisee or Contractor may be a person or aff lliate identified on the Department of General consisting of persons or affiliates who aee disqualified from public contracting and pueehasing process because [hey have been found guilty of a public entity crime. The Franchisee is required SF,GTi4N_ are aeolarea to ne separanle ana if any section, sentence, clause or phrase of this orainance sha 11 for any reason ne vela to be invalid or unconstitutional, uch decision shall not affect the validity of the remaining sectio entenc clauses and ph ea ses of this ordinance but they shall remain in effect, it being Che legislative intent that this oed finance shall stand notwithstanding the invalidity of any part. S TSON T{R This ordinance shall take effect upon final adoption and upon/accep2tancenby the Franchisee. FIRST REAOIN p/~(~n-..~Ca¢11~ ~' ~/r9~_ EECOND READING: dsy~~ /~ / % 9 {/. PASSED ANO ADOPTED THIS ~S AY OF k~ i99~ ~-~~ ~.~ William F,. Winst n, Mayor ATTEST: /' ~ ~~~'.Q~ ~ Cl9ClG u ldine 2}q y Clerk Approved a and legality for use and eelia nce by the City of L g o tFlo~ida, only. on wo d, -Richa~/J y Attorney The foregoing Ordinance N ~>,a 5~_, a the f nchise peovided for onaa dons rcnereof a nereny aoaepcea anaapp~ovea e warm ayreea c to tnis -re aay of Fw.NCxxsea: Company Name: container ;p ,__ ~~~yy a HY'~ ~R ~- ~i~i ~ "~ ~abui f~ e ~~ Pant Name. cTE,ee_ /,C %s,(~, .SS4C{J fP,~f?