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Ordinance 96-1335ORIGHNAL XSIIMSNS`. arc c�.ixc cone L ae.M....... Y... 0 l Solid waste management• shall mean the p cess by orderly, purposeful, a d planned program which includes closure and long-term maintenance. e. Solid waste ma g eut £acility^ shall mean a solid waste disposal area, volume reduction plant, transfer statr n, materials recovery facility, or other facility, designated by the City, the purpose of which is resource recov y r 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. 403.1046(4) except the portion of facilities, if any, that is used fox the management of (are managing sic.] solid waste. f. "Solid waste sha11 mean sludge unregulated under the federal clean water act or clean air act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility, or includes garbage, rubbish, refute, special waste, or other discarded material, including solid, liquid, semisolid, of contained gaseous material resulting from domestic, industrial, commercial, turning, agricultural, or govexeunental operations. Recovered materials as defined in FS s.403.703(3) are not solid waste. I. Commercial .—bli--' b1b,lty or ­plli.. zoned or used for commercial or industrial uses, or used by . entity ­1 from taxation 501(e)(3) of the --- Revenue Code, and --- property or properties zoned or used for single-family residential or multifamily —id.—I b— h. Construction —d demolition debris" ..... materials generally b—ldb—d t. b. not —, soluble and —th--d..s in including, but not limited 1, —.1 glass, brick, ..ph.It roofing --1, pip., ­.. --d, and f— the b.—t—ti.. or destruction of a ­­tb— as part of a construction of demolition pl.j.bt, and including —k., soils, tree remain -­ and other vegetative matter which b.—Ily —.1- from 1—d bl.—I or I— development operations for a construction P—j— including such debris from construction of structures at a sitb t..tb from the --tt.bti— or demolition than bd demolition debris. 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 I. used to store I—, —Ib— of refuse. It must be capable of being serviced by --i—I ­i,bbnt. j .'Special —t..... —id wastes that can —,!- --g and management, 1-1.di­ but not limited t., white di., waste tires, used .11, 1---d batteries, causingagents; discarded di,. —I. sharps, I,— blood, and h..h blend products and body and other materials which in the p ion f the department of Health and Rehabilitative S.-d... represent . significant risk of infection t. persons outside the g­—, facility. The t— d— not include I,-- --i— th- nre di­—d of by ­-- licensed -- —pt.. 470. i. Biomedical —t. --' .— . facility or p—... that produces -- biomedical ...— The — but is not limited t., hospitals, skilled ..—i, ox ---t hospitals, intermediate — facilities, clinics, dialysis clinics, -- offices, health —i­­­ organizations, surgical clinics, ..—I buildings, physicians' offices, laborateries, veterinary clinics, and funeral homes. m. Biological waste" ... —lid -- that causes ox has the capability of causing disease infection and includes, but i. not limited t., biomedical —, diseased or dead and other wastes capable of transmitting pathogens t. h—of - --- Th. — d.— not include 1— remains that are disposed of by ­— licensed under chapter 470. .. --i- --y facility" means a —id —te management facility th.1 pl.li— fax the extraction from —lid waste of recyclable ---, materials .1it.— for use as I fuel of soil amendment, or..y combination of —1, o. ---d --- P--ihg facility" means a facility —,,d solely in the storage, ­—i­ —.1, or reuse of recovered ­j.— Such . facility is not a —lid waste management facility if it meets the conditions of 403.7045(1)(f). p.—h —id— has the same meaning as the term i. defined i. the d,-- rule .. —id -- --t— -i.l exclusively from discarded p­ —.1, is --d f... a —id -- management facility or a r red materials processing facility and which i. .--d, formulated into —­— V.11— of supplemental fuel in permitted boilers The use of such pellets as a supplemental fuel i. permitted boilers other thl. waste -to -energy facilities may be used by 1-1 ­-- . credits --d the q-1. f., reduction of —lid waste ­-- t. FS .. 403.706(4) (B) . 1. —,— ---d` ....s the recovered —iare - -­-- f... —id -- -- the ---d —ti— and —id waste are g e�atea. Tha term doe, not regnire that ..arrow types of recoveretl materials be separated from each other and recognizes de mrnrmrs solid waste, it accordance with industry standards and p Ctice, may be included in the recovered materials. 2.. a. The tarn of this franchise shall ternu.nate on mb 30, 1996 following the effective date hereof p vided, however, the City reserves the right to terminate the same prior thereto if the Franchisee defaults rn Y ne of the terms and conditions harem specified. b. Cn tober 1. 1996, this Franchise shah be automatically extended for an additional teim of o expiring the following 5 t mb 30 199 provided the Franchisee shall make exclusive right to the Franchisees). The Contractor shall be a. No other person or entity except the Franchisee(,) mar offer or provide Commercial solid Waste Collection service it the City o£ Longwood. No commercial establishment within the City the servrces of . collector not lt—­ . franchise the City. Vi.—I..s of this sectron -.11 b. ---d by the Zity by 1­1 action ... ki.g injunctive --f and —tq- S-11— Th,, Franchisee .—I snake- least two (2) weekly collections at all commercial estahl ishments subject to the t.t.s of this —di-- and at sufficient additional i--- — .... t, t. p.1f.l. —­- vervrcev and t. p,.t,t the environment, —1— otherwise approved i. .-- by the City, provided t--­ —t. the I.f... i. ...—i—ly rn — .... ... e weekly collections are permitted. 1. 1--i .. . .....a I — of fifty dollars ($50.00) —11 b. charged for each franchise application t. cover — The --hi— —11 not tilt— ­i— in the papers, material or debris that may b. scattered about the Franchisee —11 —11— all material that has been placed in or about its --i.— -- --i.e directed by the City. ved Containers. Containers used for collection f —lid waste from c—ti.1 establishments —11 be standard manufactured -type mechanically --d containers, Containers shall be placed at locations readily accessible to 1 .... bi ..... .. ..... I- Containers .—I be ).—I.d upon p-- property unless the use f public property i.approved by he City- Violations of this section s1— constitute a bl—b and default of this .9-1—t. The type of b..tbi.., used, — the location thereof, may vary from the provisions of this -- if a. Recovered .—i— generated at --j.1 —.1bli.-- .— be —.— separated at the premises of the b—bi.1 establishment pti— t. —11—i— by . p—p—ly materials —11 b, i,, strict. compliance with all —.—, ,.d 1-1 — and regulations. Said materials —11 It. --d and placed i . . ...... approved by the appropriate ­—tbt, FDER, I— —, bl—, and the City f —­.d. C.11—tib. E.bi..—t --- for regular collection services. They —11 be kept in good t­a, appearance, and i. a —.it- condition at all Each vehicle —11 have clearly visible the — and phonumber ne .f the --hi— and —1,i— b.-., not 1— than t-1inches - (12") i. height .. the — abd each side. b. Franchisee shall certify t. the City upon the commencement f each franchise year the description and quantity of vehicles and equipment .. hand —d —il.ble for g ar collectien services and b.—P it the f ..y --bl- - each d­.t., —11 be systematically --, 1. ...... . ppi—d by the City to identify its capacity i. yardage, scheduled — of pl—b and it. -.P—t -- i—, 6, —, 452 —.1d b. a — (6) yard d­t., to be picked up —d­ W---y, and Friday and it would b. dump—, --C 452. Such markings .—I It. ...d.d to provide such .— informaiion as the 12. 0— . The --i— —11 establish and maintain a 1-1 office .. such other facilities th—gh which it can be —t. —i.. may b. applied —, and complaints can b. 13. All solid —e -- by the Franchisee, —11 b. .. ---, or enclosed that leaking, spilling or blowing ... prevented. 1n the --t of ..y spillage, 1—i.9, or blowing of .—Ii— from truck, the Franchisee —11 immediately clean up the waste. 14. bi—.I. All —lid —te f., di-— —11 be hauled t. FDER ---d sit-' or facilities 1­11Y approved t. accept it for treatment or disposal and —iq.—d as —approved site by the 15. Chases n All charges and rat for the commercial Collection o£ garbage shall be set by the Franchisee in negotiation with the commercial establishment requiring the service. Rates and Charges shall not be set by the City. commercial establishments within the City, securing a franchise from the City and for the use of the City --t., the francbised collector sha11 pay to the City, a sum equal to ten percent (10%) of the g ss revenue from all sources related to the franchisee'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 shall be made four (4) times per year, on March 15, ane 15, p tuber 15, and December 15, fox three (3) full months immediately preceding payment, except the first payment if the first period'is less than three months, rn which case payment shall be prorated. such fees shall not include fees generated from the collection o£ recovered materials. b. Franchisee, in further consideration of the franchise, s hall make its financial records available to the City in --dance with procedures established from time to time by the City. The £ees paid pursuant to this Section .—I not be added as a separate item on the customer's collection bills, but rather shall be considered as an operational expense. c. All payments shall be due on the fifteenth (15th) of the month following the month of service. y nd all payments not paid by the 15th of the month £allowing the month of s e shall bear interest at the rate of lea per ..... from the first (1st) of commercial establishment as sec forth in this section. Commercial establishments which have not remitted required payments within fifteen (15) days after the date of billing sha11 be notified. -id notification shall ...tarn a .,tateme.t that --i— may be discontinued fifteen (15) days from the date of notice if payment is not made before that time. in the event the Franchise, intends to discontinue a delinquent account, it shall so notify the City at least fifteen (15) days prior to the last day of cellection. Upon payment o£ the delinquent fees, the Franchisee shall resume collection on the next reghlarly —duled collection day. 18. A-—. On the twenty-fifth (25th) day of the month £allowing the month of Service hereunder the eran.hisee shall provide the City with a report. Said report sha11 be in a form, either hard copy, computer disk (compatible with the City, computers) or otherwise satisfactory to the City. The report sha11 Include such information as the City may reasonably require so as within the City and so as to ensure Franchisees compliance witb the terms and conditions of thus r p t. Unless oth-.. directed by the City'. Director of eublvc Works, each report shall contain (1) Customer, Utility Number (Assigned by the City) (2) Customers eusiness Name (3) Customer s eus mess Address (4) Customer s Telephone Number (5) Contarnex(s) Number (s) (b) Containe=(s) C p ity (]) Compactor(s) (8) Pick-up Schedule for Containers and Compactors (9) Number of lick- ps for all Containers and C p tors (1D) Franchisee Fee This report shall be submitted no later than the twenty-fifth (25th) of the month following the month of service, covering all activities during the month of t, the Director of Public Works. .. c molai All complaints sha11 be resolved by franchisee within twenty -£our (24) hours. The Franchisee shall supply the City with copies of all complaints on a form approved by the City and indicate the disposition of each complaint. Such records sha11 be available fox City inspection at all times during business hours. The form sha11 indicate the day and hour on which the complaint was rec lived and the day and hour on which it was resolved, the name of the complainant, the mtuxe of the complaint and the -- of resolution. When a complaint is received on the fay pt .ceding . ­jjd.y or on a Saturday, it shall It. .--d on the —.t --q day. 20. on. The tt—hi— —11 notify all customers —,t complaint pt—.—, —g--­ and days of collection. 21. F .. I-, - The rt.—ti— —LI —i, , qualified person p—sons t. b. in ch.tg. f — operations in the City and shall gj­ the name or names t. the City; information regarding .. Each employee shall., at all. limes, early . —id operator's license for the type of vehicle he is driving. d. The City may ­.— the di-- or appropriate discipline of any ­l­ of the Franchisee who violates any pl—i.'i— A—dlf or who is want negligent, or discourteous i. the ­-- of his duties. C. The —t,lhi..e shall provide operating and safety training f., all personnel and —11 certify — t. the City —.11y upon renewal f this Franchise. Such c rtif ication shall identify all ..pl.y.. employed in Longwood, their job description and the —t—1 and type of txarning gill. said employees. f. The ft.lhi— shall —Ply with the Equal Employment OPPlltd.itY P-9­ the Fait L.— St. —I& Alt and Employment practices 22. nt a. All trucks or other vehicles operated by the Cranchisee in the City shall be -jeer to, and shall immediately submit to spot, on the road inspections by the City or its agent and if found to be unsafe, said vehicle sha11 be immediately removed £ram service until it can be repaired and is successfully reinspected. b. The nse o£ vehicles failing to meet standards after inspections may be grounds far cancellation of the franchise by the City --, if found after notice to the Franchisee and an opportunity to be heard, to be flagrant or repeated in nature. 23. Compliance within Laws. The right is hereby reserved for the City to adopt, in addition to the provisions herein contained and existing applicable ordinances, such additional regulations as it sha11 find necessary in the exercise of the police power, provided that such regulations by ordinance or otherwise shall be reasonable and not rn conflict with the intended purpose of this ordinance. This shall include requiring the Franchisee to dispose and deliver solid waste to a designated facility. The Franchisee sha11 conduct operations under this ordinance in compliance with all applicable laws and interlocal agreements between the City and Seminole County for solid waste management and its failure to comply sha11 constitute A default hereunder. This franchise sha11 not be construed to repeal or revise any existing ordinance and td the extent that any provision of this franchise is inconsistent with any existing ordinance, then such exist g ordinance shall prevail and control. 21. ond. The Franchisee shall furnish to the City a Payment Bond executed by a surety licensed and authorized to do business in the State of Florida in the amount o£ $100,000.00 insuring the faithful payment and performance of the terms of this ordinance and executed by a surety company. Said Payment Bond is in an amount deemed by the City and the Franchisee to be reasonable and necessary 'to enable the City to ensure all franchise fees due and payable hereunder and paid as and when due. 25. iability. The privileges herein granted are upon the express conditions that the Franchisee shall be liable for all damages or injury to persons or property 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 actions or proceedings brought as a result of the award of this franchise to therefor, the Franchisee sha11 be notified o£ such suit, and thereupon it sha11 be its duty to defend the suit or at the City, option to pay the legal fees of the City's attorney to defend the suit and should judgment go against the City in any such Ca , Franchisee shall forthwith pay the same. The Franchisee shall indemnify and save harmless the City, is agents, officers and injury, death or property damage sustained by reason of any of the Cranchrsee s activities p muted by this franchise or for any actions or p=....dings brought as a result of the award of this franchise to tt—hisee, t specifically include but not limited to Anti-trust actions o pt.-ding, and eha11 pay all a pe.ses, including costs and attorneys fee., in defending against any such claim made against the City or any of the City'. agents, office.. public liability and property damage insurance in the amount o£ $5,000,op0 p r accident, event or occurrence, naming the City as an additional insured to the extent of its rights against Franchisee arising by virtue o£ this —Ti... The insurance policy will provide th.t the City shallbe given thirty (30) days written notice prior to cancellation or modification. A copy of said policy o£ insurance .hall be filed with the City Clerk on or before the effective date'of this franchise. 26. The Cranchi— shall, at its sole expense, procure from all go--- authorities having jurisdiction over the operations of the rt—hisee, including the City, all licenses, certificates, permits or other authorisation which may be necessary £or the conduct of its operations. The Franchisee shall pay all tax , licenses, certification, permit and examination fees and excises which may be assessed, levied, exacted or imposed on its property, on its operations, on its gross receipt., and upon this franchise and the rights and privileges granted herein, and .hall make all applications, reports and returns required in connection therewith. 27 —1 C_C�l ... ti— The --thi— -b-11 —11Y, with an insurance —-by authorized t. tt-- —i—s i. the State if Florida, P.—Y that fulfills all the xequi=ements of th- corker s C—P.—Ii.. — of --ld St- , including all legal requirements for .... P.ti ... i 28. N. —ig— of franchise any right ---g —dbt this —di.... .—I I. .— i. —1e orib p— by the Franchisee with— the b.pt.b written consent f the City and —1.—d — b—g. therefor, and the City —11 have the tight to I—i.. those —Cil which i. any ­ pertain t. the payments due it .. —1 as the billing of all --- by the Franchisee. If —p-1 facilities are ­—d by the City, --ds of i--q -- —11 ba maintained by the City. Th. Franchisee Franchisee —11 I.1—h the City with an ..—I year or portion thereof ..di.9 the previous September said audit shall b, prepared by an independent certified public accountant bTplTt. with creditor's opinion which opinion —11 be subject t. —pt.... or —j—i.n by the City. The audit .—I --t the 1—Y and ­—b— of the information provided the City by the --hi— including detailed data and computation franchise fee. jRtc�solve.if the Franchisee become. n any event if the FI—bisee files a petition of ovoluntary ankr p y, then this --hi.. shall. o event latex than the date of filing o£ [he lt. The failure on the part of the Franchisee to comply no such forfeiture .ha11 take effect until the City has served upon Che Franchisee written notice of default, which -tics shall set Forth the nature and extent thereof. If a default can be corcected, the Franchisee sha11 have thirty (30) days following the notice of default to correct the same. If the Franchisee p tests the reasonableness or propriety of the City'. declaration, said protest .hall be served .upon the City in writing within ten (10) days following .... 1pt by the Franchisee of the City, notice. b. If the city and the Franchisee cannot agree as to the reasonableness or propriety of the City'. declaration of default, then the issue shall be promptly submitted to binding arbitration. Three qualified arbitrators shall constitute a board of nrbit—tion, one arbitrator to be selected by the City, one by the Franchisee and one by the arbitrator. .o selected. The Hoard of —itrators shall notify the City and the Franchisee of their determination of the re a.onableness and propriety of the City". declaration of deTaulL not later than thirty (30� days Lol l.owvng submvssron of the vssue to the Uoard. nrbitratvon shall be p soon, to the Florida Arbitration Cade, Chapter 662, lorida c. 'Th. p p e of this section is to enable the City and the Franchisee to resolve by arbitration s h differences as they may be unable to resolve by .—I agreement. Nothing contained hexer. shall be construed to limit or restrict the legal .eights and powers of the City or the Franchisee. 32. lli.ht to The failure of the City at any time to require per£oxmance by the Franchisee of any provisions hereof sha11 in no way affect the right of the City thereafter to enforce same. Nox shall waiver by the -City of any breach of any — Independent C ractor.- It is hereby understood and agreed that the Franchisee is an independent Contractor antl not an agent o£ the Cit, agreement and understanding between the parties hereto, and it shall not be considered modified, altered, changed or amended in any —pet unless in writing and signed by the parties hereto, and adopted as an amending franchise otdi.na — notice shall be addressed and sent by certified Unitetl States mail —I.— CI— I—Idi— 1. zambri, ily 11.1k Longwood, Fl. 3275Q VPANCHICEE: Ki—n.. Recycling Corp. 9572 Sidney Hayes Road, #103 0,1—d., Florida 32824 ('16 Y-3qo0 — ge. edi... Att--. r... d All --i.. provided in this franchise —11 be deemed —i— and additional and not in Lieu of ox exclusive of each other or of any other .... dy .... fable t. the City at law or in equity. In the -- the City —11 prevail i. any action arising Franchisee —11 p, t. the City its —t., --- thereto, including attorneys fees. 37. This franchise agreement bt governed by the I... - the St— of Florida. A, and all 1­1 —i— --y t. —.... the Agt-l— will be held in C—il.l. County and the Agreement will b. interpreted ---g to the laws of Florida. 38. Hgadi­ The —di- of the sections If this franchise are for P—P.— of convenience only and shall not be --d t. —p— or limit the pl—i-- --.x—d in such .warrants unto the City that no officer, p y or agent of the y has any interest, either di—tly of.indirectly, ih ti- b--. of Franchisee t. be —,,d.t.d 1--d- 40. —t . Th. City --- the light t. —.d this .--- in ..y -- ---y — the h..Ith, ..f.ty, —lf— .f the phlic or t. —Ply with I—, ­"tior — i—tl—1 agreements, and the City re.e — the tight, i. the public interest from ti— to time, t. prescribe reasonable — governing Franchisee's op atisns hereunder. 41. public �-tit -i-- N. Franchisee or C--- may b, p son or affiliate identified .. the Department of General Services convicted —d— list. This List is defined as of-personsconsisting affiliates who are disqualified from public contracting C,--i.g ­,— because they have been found guilty of . public entity crime. The lt—hi— i. required t. —ply with Florida Statutes Section 287-3, as amended, or it. SECTION TIO. �S .. bilit : The provisions of this ordinance ph— of this ordinance shall f., any reason be held to be —lid or unconstitutional, 'decision —11 not affect the validity of the —i.i, ...irons, sentences, —... and phrases of this ordinance but they shall —.in i, effect, it being the legislative intent that this —di-- —11 .—d notwithstanding the invalidity of any P—t. xo�,i<ce i,t>>s o�t�. ,ino;,� ii c�,xe �.�z�,,i .. %I_�, n n�tn n i �,5 G � ns or ua x, xo��.