Ordinance 97-1372OF THE C NGWOOD, FLORIDA, P OVIpI NG
RANTING O NFE%CLUSSVE F TO
FOR
FOR THE C COMMERCIAL OS O IMPOSE
CERTAIN T TONDITIONE ANp REQETREMENTS R T THERETO;
PROVIDING EEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY OF LONGWOOD, FLORIDA AS FOLLOWS.
SEC'LL4LL4HE: There is hereby granted to tandara Oise
v_ces of Florida, i (herein called the
Franchisee"7, is successors and assigns, a non exclusive sight,
privilege Ur franchise to collect solid waste materials from
commercial esta bl.i shments within the City of Longwood, Sem mole
County, Florr during the term and subject LU the following
lim.i tat.i ons and conditions as hereinafter set forth.
1. p finis
a. City" shall mean the City of Longwood, £loeida, a
municipal corporation.
b. Franchisee shall mean the individual, partnership
pr corporation who/which agrees, as hereinafter provided to perform
the work or serve r t0 furnish materials or equipment, or both
as set forth in this franchise.
c. Recovered materials" means metal, paper, glass,
plastic, texts r rubber materials that have known recycling
potential, can be feasibly recycled, and have been drverted and
source separated or have been removed from the solid waste stream
for sale, use, or reuse as rate materials, whether or not the
mater.ia is require subsequent processing or separation from each
other, but tloes not include materials destined for any use that
constitutes disposal. Recovered mat er tals as described above are
not sm is wasce.
a. solid waste management^ shall mean tna process by
wnicn solid wasce rs collected, transported, stored, aeparatea,
prooessea, or disposed of rn any Diner way, acooraing to an
oeaerly, purposeful, and planned program which includes closure and
long-term maintenance.
e. Solid waste management facility" shall mean a solid
waste disposal area, volume reduction plant, transfer station,
materials re<oveey facility, or other facility, designated by the
City, the purpose of which is resource recovery or the disposal,
not Inc lode recovered materials processing facilities which meet
treatment works, water supply treatment plant, or air pollution
control facility, e includes garbage, rubbish, refuse, special
was or other drsca rded material, rncluai ng solid, liquid,
industrial, commercial, turning, agricultural, or governmental
operations. Recovered materials as defined in FS s.40J.~OJ(~j are
r
commercial establishment" means a property or
properties zoned or used for commercial or industrial us r used
by an entity exempt from taxation under s. Sol(c)(3) of the
Internal Revenue Co and excludes property or pr p ties zoned or
usetl for .single-family residential oe multifamily residential uses.
h. Construction antl demolition debris" means materials
generally considered to be not water soluble and nonhazardous in
Hato including, but not limited steel glass, beiek,
concrete, as pnalt roofing material, pipe, gypsum wallboard, and
lamb from the construction or destruction oY a structure as part
of a cons tea ction of demolition project, and inclua inq rocks,
soils, tree remains, trees, and oenez vegenani~e matter wnien
normally results from land clear inq or lava aeve lopment operations
for a eonsteuetlon project including such debris from construction
of structures at a site remote from Lhe construction or demolition
project site. Mixing of construction and demolition debris witn
other types of solid waste, including material from a construction
of demolition site which is not from the actual construction or
aestructiion of a structure, will cause it to be classif iea as other
than ennstru ct ion and demolition debris.
enclosed container with a close fitting cov r aoo approved
by the Health Department and the City, vnich i.s used to store large
volumes of eefuse. It must be capable of being serviced by
i
white goods, waste tare used oil, lead-acid oa cter.i es,
construction and demolition debris, ash residue, yard trash, and
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 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
opinion of the department of Health and Rehabilitative services
are disposed of by persons licensed under chapter 4]0.
1. "Biomedical waste generator" means a facility or
person that produces or generates biomedical waste. The term
includes, ut is not limited to, hospitals, skilled nursing or
surgical clinics, medical builds ngs, physicians' offices,
laboratories, veterinary clinics, antl funeral homes.
m. '~6iolog ical waste means solid waste that causes or
has the caps b.i lity of causing disease oz infection and includes,
but is not limited to, biomedical waste, diseased or dead animals,
and other wastes capable of transmitting pathogens to humans or
animals. The teem does not rnclude human remains that die disposed
of by persons l.i tensed under chapter 4]0.
n. Materials recovery facility" means a solid waste
waste of recyclable materials, materials suitable for use as a fuel
of soil amendment, or any commnaeion of s~<n materials.
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 it meets the conditions of es s.
defined in Che aepar tmenY rule on solid waste combustors which
waste management facility or a recovered materials processing
facility and whim ,s snreaaea, e.ireaea, or eormwlatea >nto
compact pellets of various siees for the use as a supplemental fuel
an permitted boilers other than waste-CO-energy facrlcties. The
use of such pellets as a supplenen tal fuel rn permitted boilers
other than waste-to-ene rqy facilities may be used by local
govee nments a., credits toward the goals for reduction of solid
waste pursuant to Fs s. 403.]06 (4)(e).
r. source p rated" means the recovered materials are
eeparacea from solra waste wnere the reeo~erea materials and solid
waste are generaeea. Tne carm Boas not regwire coat variows types
oY recovered materials be separated from each other and recognizes
de minim is solid was n accordance with industry standards and
practices, may be included in the recovered materials.
2. Term.
a. The teem of [his franchise shall term mate on
S_ppcpp~¢~p,=~, following the effective date hereof provided,
however, the City reserves the zight to terminate the same prior
thereto if the Franchisee defaults in any one of the terms and
eonaitions Herein speoieiea.
b. on O 1998, this Franchise shall be
automatically exiendea for an additional term of on r expiring
the following s s provided the era nchisee shall
make written application for said extension at least IO days prior
to its termination. No further extensions shall be geanted without
city commission approval.
3, ri is by eranchisee
a. Franchisee(s) shall provide Commercial Solid Waste
Collection Services in the City of Longwood, which shall be an
may offer or provitle Commercial Sul id Waste Collection Service in
the City Of Longwood. No commercial establishment within the City
mall utilice the aer~rcea of a collector noc holainy a franchise
from the City Violations of this section shall be enforced by the
City by legal action seeking injunctive relief and damages.
c. Minimum Service. The Franchisee shall make
collections at all commercial establishments subject to the terms
of this ordinance and at sufficient intervals necessary to perform
adequate seivrces and to protect the environment.
($50.00) shall be charged far each franchise application to cover
associatea gamin tstrative costs.
].oo p.m. unless different times are approved by the city.
]. ~.i t[ r. Tne Franchisee sha 11 not litter premises in the
container during the peocess
be standard manufactured-Type mechanically served containers,
compatible with the private commercial collector's servrcfnq
equipment. 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 c y Violations of this sectron shall const ituie a breach
and tlefault of this agreement. The type of container used, or the
locaTion thereof, may vary from the provisions of this sectron rf
approved in writing by the City of Longwood, Florida.
9. B C__vpLPSl_MdZpZ13.LS.
establishments must be source separated at the premises of Che
commercial establishment prior to collection by a properly
eere if iea reeo~erea motor iala aealer.
lo. Hazardous Materia s. Collection of special and hataedous
placed in a manner approved by the appropeiate regulatory agency,
i. e., FDEA, D.S. EPA, etc., and the City of Longwood.
11. $~3ction n .
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 sanitary condition at all times.
Each vehicle shall have clearly visible the name and phone number
of the Fea nch isee and vehicle numbee not less than twelve Inches
(12") •n height on <he rear and ea cF sitle.
b. Franchisee shall certify to the City upon the
commenrement of each franchise yeae Che description and quantity of
services and backup in the event of any breakdowns.
c. F.a ch dumpster shall be systematically marked, in a
manner approved by Che City to identify its capacity in Yardage,
schetluletl date of pickup and its "dumpster number" 1. MWF,
452 woultl be a s1x (6) yard dumpster, to be picked up Monday,
City may require promptly upon receipt of a notrce from the City
requiring a cha nqe of container markings.
12. Office, The Franchisee shall establish and marntarn a
local office oe such other facilities through which rt can be
contacted, where servrce may be applied for, and c mplaines can be
one (1) responsible person in charge during collection hours and
shall be open during collection hours,
lI. ll3Nli-9. A11 solitl waste hauled by the Franchisee shall
peevented. In the event of any spillage, leaking, or Glowing of
materials feom truck, the Franchisee shall immediately clean up the
14. Oisoosa 1. A11 solid waste for disposal shall be hauled
to FoE approved srtes or facilities legally approved to accept it
for treatment or disposal and tlesigna[ed as an approved site by the
City. All recovered materials oust be processed at a certified
recovered materials processing facility.
Rates and charges shall not be set by the city
sae,o ana e mgnc.
collector shall pay to the City, sum equal to twenty percent
(20$7 of the gross revenue feom all sources related to the
franchisee s operations in the City, including fees, charges,
rental of equipment, and funtls paid outside the City for hauling
materials from the c y Payment Co the City shall be made four
(4) times per year, on March Sune September 15, and
December 15, for three (l) full months immediately preceding
payment, except the first payment if the first period is less than
~' three moot rn which case payment shall be prorated. Payment
shall be directed eo the City Finance Division. Such fees shall
not include fees generated from the collection of recovered
materials.
b. Franchisee, 1n fueth er consideration of the franchise,
shall make its financial records available [o the City 1n
accordance with procedures established from time to Time by the
City. The fees paitl pursuant to this Section shall not be added as
a separate rt em on the customer s collection bills, but rather
shall be considered as an operational expense.
i~. R£R92Y3_ Ale ng wrth the quarterly remittance of the
franchrse fee, tM1e Franchisee shall provide the City with a report.
Said report shall be rn a hartl copy farm. The report shall include
such information as the City may seasonably require so as to ensues
proper refuse service to all commercial establrshments within the
City and so as to ensure Franchrsee s compliance with the terms and
18. Noti icat_on. Tne Franchisee shall notify all customers
about regulations and days of collection.
is. erancnisee eersonne 1.
a. The erancnisee snarl assign a gnalietea parson or
peesons to be in ch rg 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
operator's license for the type of vehicle he is driving.
d. The City may request the dism rssal or appropriate
discipline of any employee of the Franchisee who violates any
provision hereof or who is wanton, negligent, or discoueteous in
e. The Fra nch i.s ee shall provide operating and safety
trarning Por all personnel and shall certify same to the City
annually upon renewal of this Franchise.
f. The Iranchisee shall comply wtth the Equal
Employment Opportunity Proq ram, the Fair Laboz Standards Act and
all other applicable Fetleral and State E<atutes pertaining to Fair
Fmpleyment practices.
zo. P.c.a.nsltise.~.~yS
removed from service until it can be repaired ana is successfully
reinspected.
rnspections may be grounds For cancellation of the franchise by the
City Commission, if found after notice to the Franchisee and an
opportunity Yo be heard, to be Yla grant or repeated in nature.
nrarnance. Thrs shall include repo it my ine Franchisee to aispoae
and aeliwer aolia waste to a aeaignatea facility. The eranchisee
shall conduct operations under This ordinance in compliance with
all applicable laws and •nterlocal agreements between the City and
Semrnole County for solid waste management and its failure To
comply sha 1.1 constitute a default hereuntle e. This franchise shall
not be construed to repeal or revrse any exrsting orarnance and to
22. Pavme nt bond. The Franchisee shall furnish to the city
a Payment Bontl executed by a surety licensed and authorrzed to do
business rn the State of flori d'a rn the amount of 5100,000.Oo
ordinance and executed by a surety company. Said Payment Bond is
rn an amount tleemea by the City and the Franchisee to be reasonable
and payable hereunder and paitl as and when due.
2I. 1'_ '_;S_. The privileges herein granted are upon the
expeess conditions that the Franchisee shall be liable for all
damages or injury to persons or property caused by its neglect or
engaged in the operations herein au th orizea, or 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-
trust actions or proceed.i ngs. Should the City of Longwood be sued
eherefor, the Francnisee snail be nocif iea of such sn>c, ana
thereupon it shall be its duty to defend the salt oe at the City's
option to pay ine legal fees of the City's attorney to defend the
sort and shoultl judgment go against the City rn any sucn case,
Franchisee snail Lorthw.i th pay the same. The Francnisee shall
intl emnify and save harmless the City, its agents, ff rcers and
employees from any judgments recovered by anyone for personal
injury, death or property damage sustained by reason of any of the
Franchisee's actrvrtres permitted by this franchise or for any
Ant r-trust actrons or proceedings, nd shall pay all expenses,
rncluding costs and attoeney's fees, rn defending against any sucn
claim made against the city or any of the City's agents, officers
of employees. Franchisee fuether agree to purchase compreM1ensive
public liability and property damage Insurance 1n the amount of
55,000,ooO per accident, event or occurrence, aminq the city as an
additional insured to the extent of its rights against Franchisee
ceasing by vrr tae of this section. The rnsurance policy will
provide tnat the City shall be given to irty (30) days wratten
notice prior to cancellation or moaif ication. A copy of said
policy of insurance sha 11 be filed with the City Clerk on or befoee
procure from all governmental authorities having jurisdiction over
the operations of the Pra nchisee, includiny the City, all licenses,
certificates, permits or other authorization which may be necessary
for the conduct of its operations. The Franchisee shall pay all
taxes, licenses, certification, permit and examination fees and
excises which may be assessed, levied, exacted oe imposed on its
property, on its operations, on tts gross receipts, and upon this
franchise and the rights and pe ivileges granted herein, and shall
make all applications, reports and returns required in connection
an insurance company author lied to transact business in the State
of Florida, a policy that fulfills all the requirements of the
Woeker s Compensation Act of sa id State, including all legal
requirements for occupational diseases.
2G. Ass T. No assignment of franchise or any right
2"1. ply L2e£o Autlit.
a. The Franchisee sha 11 keep records of wastes
collected and charges theref and the City shall have The right
to review those eecords which in any way pertain to the payments
due it as well as the bi l.ling of all customers by the Franchisee.
If disposal faciltt ies are operated by the City, records of
incoming wastes shall be maintained by the City. The Franchisee
will be r po sr ble for the monthly billing of the customer.
b. Franchrsee shall furnish the city Frnance Da v.r stun
with an annual audit, tlue on November 15 of each calendar year, for
the service year or portion thereof ending the previous s p~ mb~t
244]. Said audit shall be prepared by an independent certified
public accountant complete with creditor's opinion which opinion
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
computation concerning the franchise fee.
voluntary or involuntary ankruptcy, then this franchise shall
terminate in no event later than the date of filing f the
bankruptcy petition.
29. ^€f~14.
a. The failure on the part of The Franchisee to comply
in any substantial respect with any of the provisions of this
oedina nce shall be grounds for a forfeiture of this franchise, but
no such Eoife rture shall take effect until the City has served upon
the Franchisee written notice of default, which notrce shall set
forth the nature and extent [hereof. if a default can be
corrected, the Franchisee shall have thirty (IO7 days following Che
notrce of default to correct the same. If the Franchisee protests
the reasonableness o propriety of the City's decla eat ion, aid
protest sha 11 be served upon the city in writ rng within ten (lo)
days following receipt by the Franchrsee of the City's no<rce.
a. if the city ana the rranchisee cannot agree ae tc
the reasonaaleness o prepriety of the city's aeclaration of
default, then the r.,sue shall be promptly submitted to brnd ing
arbitration. Three qualified arbitratozs shall constitute a Board
of Arbitration, one arbrt rator to be selected by the City, one by
the Franchisee and one by the arbiirators so selected. The board
of Arbitrators shall notify the City and the Fra nch rsee of their
determination of the reasonableness and propriety of the City's
declaration of default not Sa ter than thirty (IO) days following
subm rssron of the rssue to the Board. Arbrtratron shall be
pursuant to tae Florida Arbitration Code, Chapter 682, Florida
c. The purpose of this seciron is to enable the City
and the Franchisee to resolve by arbitration such differences as
they may be unable to resolve by mutual ageeement. Nothing
contarned herern shall be construed to limit or restrict the legal
J0. Right t re Perforna nce. The failuee of the City at
any trme to require peeformance by the Franchisee of any provisions
hereof shall in no way affect the right of the City thereafter to
enforce same. Nor shall waiver by the City of any breach of any
provisions hereof be taken or held to be a waiver of any succeeding
breach of such provision or as a wa rver of any peov.is ion itself.
II. I d t_ It rs her y nde rstood and
agreed that the Franchisee is an rndependent contractor and not an
agent of the city.
32. noaif ieata,sn. This francnise cpnstitutea the entire
agreemene ana unaerocanainq between ahe parties hereto, ana is
shall not be oonsiaarea moaieiea, alteraa, onangea or amendea in
any respect unless in writing and igned by the p roes hereto, and
adopted as an amending fea nchise oedinance.
3I. Notice. As required far any purpose in this franchise,
notice shall be addressed and sent by certified United States mail
to the City and the Franchisee. as follows:
CITY. Geraldine D. Zambri, City Clerk
Longwood, Floritla 32]50
~ FRANCttISEE. Stan r Qy{~y~pG
5235 sate,~Rr;ve
Orlando, Florida 32830
P ne. t 00)__23.@-azss
J4. a medig Attor a costs. A11 remedies
provided in this franchise shall be deemed cumulative and
additional and not in lieu of oe exclusive of each other or of any
other remedy available to The City ai Saw or to equity. In the
event the City shall prevail in any action arising hereunder,
Franchisee shall pay to the City its costs, referable thereto,
including attorney s fees.
J5, n ansb_vg uoe This franchise agreement snap
I
be go erned by the laws of the State of Florrda. Any and all legal
actaon necessary xo enforce the Agreement will be held rn Semr no le
County and the Agreement will be rote rpreted according to the laws
of Florida.
J6. H€h31D9?. The headings of the sectrons of this franchise
are for purposes of conven rence only and shall not be tleemed to
expand or limit the provisions contarned rn such sec<rons.
I7. Warr my o ranch rs ee. The Franchrsee represents and
warrants unto the City that no officer, employee, or agent of the
City has any rnterest, either directly or indirectly, in the
business oY Franchisee to be conductetl hereunder.
of the public or to comply with laws, staeutes, regulations or
anterlocal agreements, nd the City reserves the right, rn the
public interest from trme to tr o prescribe reasonable rules
and regulations governing Fea nchisee's operations hereunder.
I9. Pu bl'c ity Crimes No Franchisee or Contractor may be
person or affiliate identified on the Department of General
consisting of persons or affiliates who are disqualif ietl from
public contracting and purchasing process because they have been
found guilty of a public entity cr>me. The Franchisee is required
to comply with Florida Statutes Sectron 28]. 1II, as amended, or its
5 TSON TtJO ability: The provisions of this ordinance
/~ are dec laretl to be separable and if eny seotion, senten lause
or pn ra se of this ortlrnance shall for any reason be held to be
invalid or unconstatut ronal, such tlecision shall not affect the
validity of the remaining section entenc lauses and phrases
of this ordinance but they shall remain in effect, it being the
legislative intent that this ordinance shall stand notes itnsta nd ing
the invalidity of any part.
sECT2ox TRREE Effect the Date. This ordinance sha 11 take
of feci upon final adoption and upon acceptance by the Franchisee.
FLRST ReAElM i~~~Ri /oj ``~ /99 L
SECOND READING (}'L/Y-e~4E~) ~ ~~r]
~- pAEEEE AMO AoopTEO TEIE ~oAy of ~G~i,v , ~~
wil3iam e.. wi nst Mayor
P.TTEST:
4y-~ld-lne Ca~nCrr riy clerk
Approved a o/form and legality for use and reliance by the City
of Longwood,tFloe ida, only.
a,~nard`s~y'
regeing Ordinance N 9~Z and the f nchise provided for
and all the and onditio ns rthereof a hereby
acceptn d, pproved idrm agreed c Co this ~ ~ Zeday of
61D~iM ~'L.
ompa 1~ F 2
By: ~
to e ~ r or Authorvzed Agent
n=.~c xeme. C - J