Ordinance 96-1308ORI ANAL
ORDINANCE 96-1308 ~
E OF THE CITY OF LONGW000, FLORIDA, P ING
GRANTING NON-CXCL D TO
ll5A Services of Flc+rida Ine.A GFOA T COLLECTION
OF COMMERC SAL E RME,
CONDI'PIONE A REQUIDREM&NTE RELATING T RETO A PAOVI DING
GE VEAARILITY~DCONFLICTE AND AN EPFGCTIVE DATE.
5£CTION ONE: There is hereby granted to USA Services Of Florida, Inc.,
exclusrve right, privilege or franchise to collect solid waste
materials from conwerc inl establishments within the City of
Longwood, Semrnole County, Florida, during the term and subject to
the following limitations and conditions as hereinafter set forth.
1. Def'n't'ons.
a. City" shall mean the City of Longwood, Florida, a
munrcipal c p atron.
b. [ranchis ee" shall mean the individual, partnership
or corporation who/which agrees, ac hereinafter provided to perform
the work or servrce, or t0 furnish materials or equipment, or bath
as t forth in this franchise.
c. Recovered materials" means metal, paper, glnss,
plastic, textile, or rubber materials that have known recycling
potential, can be feasibly recycled, and have been diverted and
source separated Or have been removed from the solid waste stream
for sale, use, or reuse as raw materials, whether or not the
materials r q re subsequent p cessi nq or separation from each
,laae materials aascinea fer any nae that
Recovered materials as described above are
which solid waste is collected, transported, stored, separated,
processed, or disposed of in any other way, according to an
oideily, puxpose£ul, 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 recovery facility, or other Facility, designated by the
City, the purpose of which is resource recovery or the disposal,
recycling, processing, or storage of solitl waste. mhe term does
not me lode recovered materials p cessing Facilities which meet
the requirements of Fs s. 463.>046(4) except the portion of
£acilities, if any, that is used foi the management of [axe
f. Solid waste shall mean sludge unregula[ed under
the federal clean water act or clean air act, sludge from a waste
treatment works, water supply treatment plant, or arr pollution
control facility, or .includes garbage, rubbish, refuse, special
waste, or other discarded material, .including solid, liquid,
semisolid, of contained gaseous mnterial resulting from domestic,
industrial, com,nerc i.al, mining, agricultural, or governmental
operations. Recovered materials as defined in Cs s.M163.]o3(]) axe
noL solid wasic.
g. Commercial establishment" means property or
properties zoned or usea fax commercial or industrial us s, or used
by an entity exempt from taxation under s. SOl~c~(3) of the
Internal Revenue Code, and excludes property or properties zoned or
generally considered to be not water soluble and nonhazardous in
nature, including, but not limited , steel glass, brick,
concrete, asphalt roofing material, pipe, gypsum wallboard, and
lumber, from the construction of destruction of a structure s part
of a construction of demolition project, and including rocks,
normally results from land clearing or land development operations
for a construeti n project including such debris from construction
of structures at a site remote from the construction or demolition
project site. waxing of construction and demolition debris with
other types of solitl waste, including material Erom a construction
than construction and 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 is used to store large
volumes of refuse. It must be capable of being serviced by
mechanical equipment.
j., ^Special Waste means solid wastes chat can require
special handling and management, vncluding, but not limited t ,
white goods, waste tyres, used oil, lead-acid batteries,
construction and demolition debris, ash residue, yard tray h, and
biological wastes.
k. "Biomedical waste" means any solid waste or liquid
waste which may present a threat o£ infection to humans. Tne term
parts; laboratory and veterinary waste which contain human-disease-
causing agents; discarded disposable sharps; human blood, and human
blood products and hotly flnids~ and other materials which in the
opinion of the department of Realtn and Rehabilitative Servvices
represent a significant risk o£ infection to persons outside the
generating facility. The term apes not rnclude human remavns that
are disposed of by persons licensed under chapter 470.
1. Bvomedical waste generator" means a facility or
person that produces of generates biomedical waste. The term
rncludes, but vs not Limited t , hospitals, skilled nursing or
convalescent hospitals, intermediate case facilities, clinics,
dialysis clinics, dental offices, health maintenance organizations,
surgical clinics, medical buildings, phys icians~ offices,
laboratories, veterrnary clinics, and funeral homes.
m. "eioingical waste meana soua waate tnat canses or
has the capability o£ causing disease or infection and includes,
but is not limited to, biomedical was diseased or dead anrmals,
and other wastes capable of tiansmittinq pathogens to humans or
animals. The term does not include human remains that are disposed
of by persons licensed under chapter 4]0.
n. Materials recovery facility" means a solid waste
management facility that provides for the extraction Erom solid
waste of recyclable materials, materials suitable for use as a fuel
of soil amendment, or any combination of such materials.
o. Recovered materials processing acility^ means a
facility engaged solely rn the storage, processing, resale, r
reuse o£ recovered materials. such a facility is not a solid waste
defined rn the department rule on solid waste combustors which
exclusively From discarded paper which rs tlerived £rom a solid
waste management facility or a recovered materials processing
facility and which is shredded, extruded, or formulated into
compact pellets of various sizes for the use as a supplemental £uel
rn 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 as credits toward the goals for reduction of solid
waste pursuant to FS s. 403.]O6(4~(B~.
r. Source separated" means the recovered materials are
separated from solid waste where the recovered materials and solid
waste are generated. The term does not regn ire that varvous types
of recovered materials be separated from each other and recognizes
de minimis solid was , n accortlance with industry standards and
practices, may be included in the recovered materials.
2. Tie m.
a. The term o£ this franchise shall terminate on
Seotember 30, 199fi following the e££ective date hereo£ provided,
however, the City reserves the right to terminate the same prior
thereto if the franchisee defaults in any one of the Lerms and
conditions herein specified.
b. On October 1 t996, this Franchise shall be
automatically extendetl for an additional term O[ o expiring
the £ollowinq s tember 30 199] provided the k'ranchisee shall make
application £or said exiensvon at least 30 days prior to vts
Lennvnatvon. No further extensions shall be granted without City
Commission approval.
3. Services P vided b Franchisee
a. crane his eels( shall provide Commercial solid waste
Collection Servvices rn the City 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 Servvices and disposal costs.
4. Unauthorized Service
a. No other person or entity except the Franchisee(s)
may offer or provide Commercial solid Waste Collection Service rn
the City of Longwood. No commercial establishment within she city
shall utilize the services of a collector not holding a franchise
c. Minimum Service: The Pranchisee shall make at least
two 12) weekly collections at all commercial establishments subject
to the terms of this ordinance and at sufficient additional
intervals necessary to perform adequate services and to protect the
environment, nnless otherwise approved in advance by the City,
provitletl however, where the refuse is exclusively non-putresc ible
rn natui ~ nce weekly collections are permitted.
5. ncbise Proces A fee of fifty dollars
($50.00) shall be charged fox each franchise application to cover
associated adminis [native costs.
6. Collections shat.]. be made between 7:00 a. m. and
7:00 p.m. unless different times are approved by the City.
7. The Pranchisee 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
container. Franchisee shall collect all material Lhat has been
placed in or about its containers unless otherwise directed by the
City.
8. an oc n o{ A ved C Containers used
fox collection of solid waste from commercial establishments shall
be standard manufactured-type mechanically served containers,
compatible with the private commercial collector's servicing
equipment. Containers shall be placed at locations readily
accessible to franchisee's personnel. Containers shall be located
by the City. Violations of this section shall constrtute a breach
and def av It of this agreement. The type o£ container used, or the
Location thereof, may vary from [he provisions of this section if
approved in wrrting by the C y of liongwood~ Florida.
9. E c red Mater'ala.
a. Recovered materials generatetl at commercial
establishments must be source separated at the premises of the
commercial establishment prior to collection by a properly
certified recovered materials dealer.
materials shall be in strrct compliance with all Federal, state,
and local laws and regulations. Said materials shall be stored and
placed rn a manner approved by the appropriate regulatory
agency~i.e. FUEN, U.S. L , L ~ and the City o£ Longwood.
Collection Eauroment
Gach vehicle shall have clearly vrsible the name antl phone number
of the Franchisee and vehicle number not less than twelve inches
(12"( rn height on the rear and each side. b. Franchisee
shall certify to the City upon the commencement o£ each franchise
year the description and quantity of vehicles and equipment on hand
and available for regular collection services and backup in the
event of any breakdowns.
c. Each dumpster shall be systematically marked, in a
manner approved by the City to identify its capacity in yardage,
scheduled tlate of pickup and its "dumpster number" i.e , 6, MWF,
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 [o provide such other information as the
City may require promptly upon receipt of a notvice from the City
12. Ofd. The Franchisee shall establish and maintain a
local office or such other Facilities through which it can be
one (1) responsible person in charge during collection hours and
shall be open duxinq collection
13. Nau~. All solid waste hauled by the Franchisee, shall
be ao contained, or enclosed that leaking, spilling or blowing are
prevented. In the event of any spillage, leaking, or blowing o£
materials from truck, the Pranc hisee shall i~mnediately clean up the
19. Disoosal. A11 solid waste fax disposal shall be hauled
to £DE approved sites or £acilities legally approved to accept it
for treatment or disposal and designated as an approved site by the
City. All recovered materials most be processed at a certified
recovered materials processing Facility.
15. Charges and Rates. All charges and rates for the
commercial collection of garbage shall be set by the Franchisee in
g ration with the commercial establishment requiring the
service. Rates and charges shall not be set by the City.
a. For the privilege of collecting solitl waste from
commercial establishments within the City, securing a franchise
from the City and for the use of the Ci[y stree ~ the franchised
of the gross revenue Erom all sources related to the franchisee's
operations in the City, including fees, charges, rental of
equipment, and funds paid outside the City Eor hauling materials
from the City. Payment to the City shall be made four (4) times
per year, on March 15, Sune 15, September 15, and December 15, for
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 generatetl Erom the collection of recovered materials.
b. Franchisee, rn further consideration of the £ranchiae~
shall make its financial records available to the City in
accordance with procedures established from time to time by the
City. The fees paid pursuant to this Section shall not be added as
a separate item on the customer s collection bills, but rather
shall be considered as an operaf TOnal expense.
c. All payments shall be tlue on the fifteenth (15th) of the
month Following the month of service. Any and all payments not
paid by the 15th o£ the month following the month of servrce shall
bear interest at the rate of 18& per annum from the firat (1st) of
the month following the month of servrce.
1]. ued Service or Delinquent Accounts.
a. The Franchisee nay discontinue servrce to a
commerc val establishment as set forth in this section. Commercial
establishments which have not remitted required payments within
fifteen (15) days after the date o{ billing shall be notified.
Said notification shall contain a statement that servrce may be
discontinued fifteen (15) days £rom the date of notice if payment
to discontinue a delinquent accou , it shall so notify the City at
leas[ fifteen (15) days prior to the last day of collection. Upon
payment of the delinquent fees, the Yranchisee shall resume
collection on the next regularly scheduled collection day.
18. Aenorts. On the twenty-fifth (25th) day of the month
following the month of service hereunder the Franchisee shall
provide the City with a report. Said report shall be in a foam,
either hard copy, computer disk (compatible with the city's
computers or otherwise satisfactory to the City. The report shall
include such inf ormatron as the City may reasonably require so as
within the City and so as to ensure Franchisee's compliance with
the terms and conditions o£ this report. Unless otherwise directed
by the City's prrector of Public Wozks, each report shall contern
(I) Customer e Utility Numbez (Assigned by the Cityj
(2) Customer s easiness Name
(3~ Customer's Busrness Adtlzess
(4~ customer s Telephone Number
(sj contarner(s7 Number (sl
(6~ Contarner(s) C p y
()) Compactor(s)
(ej Pick-up Schetlule f'or Contazners and Compactors
(9) Number of Pick-ups for all Containers and C p tors
(1Uj Franchisee Fee
this report shall be submitted no latez than the twenty-£ifth
(25th) of the month following the month of servr overing all
actrvrtzes during the month of service, to the Uuector of Public
Works.
19. Complaints. All complaints shall be zes olved by
franchisee within twenty-four (24) hours. The Fzanchisee shall
supply the city with copies o£ all complaints on a form approved by
the City and indicate the disposition of each complaint. such
records shall be available for City inspection at all times during
business hours. The form shall indicate the day and houz on which
the complaint was reee rued and the day and houz on which it was
resolved, the nnme of the complainant, the natuze o£ the complain[
and the manner of resolution. When a complaint is recerved on the
day preceding a holiday or on a Saturday, iL ahall be servrced on
the next working day.
20. tific The Franchisee= shall notify all customers
about complaint procedures, regulations, and days of collection.
21. nchisee Personnel.
a. The tranchis ee shall assign a qual if ietl person or
persons to be in chax'ye of his operations in the City and shall
yive the name or names to the City; in£ormat ion regarding
experience shall also be furnished.
b. Franchisee's collection employees shall wear a clean
uniform bearing the company's name.
c. Each mployee sha , at all times, carry a valid
operator's license for the type of vehicle he is driving.
d. The City may request the dismissal or appropx'iate
discipline o£ any employee o£ the Franchisee who violates any
provision hereof or who is wan[ , negligent, or discourteous i
the performance o£ his duties.
e. The Franchisee shall provide operating and safety
training Lor all personnel and shall certify same to the City
annually upon renewal of this Franchise. Such certification shall
identify all employees employed in Longwood, their job description
and the nature and type of darning given said employees.
f. The Franchisee shall comply with the Equal
employment Opportunity Program, the Fair Labor standards Act and
all other applicable Federal and State Statutes pertaining to Fair
EmploymenC practices.
zz. ncnisee sanioment.
a. All trucks or other vehicles operatetl by the
Franchisee in [he City shall be subject t , and shall immediately
submit to spot, on the road inspections by the City or its agent
and if found to be unsafe, said vehicle shall be vmmediately
removed from service until it can be repaired antl is successfully
revnspected.
b. TMe use of vehicles failing to meet standards after
vn spections may be grounds for canceLlat ion of the franchise by the
City Coinmvss.von, if found after notvice to [he Franchisee and an
opportunity to be heard, to be flagrant or repeated in nature.
23. Comol fiance within L The right is hereby reserved far
the City to adopt, in addition to the provisions herein contained
and existing applicable ordinances, such additional regulations as
vt shall find necessary vn the exerevse of the police power,
provided that such regulations by ordinance or otherwise shall be
reasonable and not vn 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
shall conduct operations under this ordinance in compliance with
all applicable laws and interlocal agreements between the City and
Seminole County for solid waste management antl vts failure to
comply shall constvtute a default hereunder. This franchise shall
not be construed to repeal or revvse any existing ordinance and to
the extent that any provision of this franchise is >ncons rstent
with any existing ordinance, then such exrsting ordinance shall
24. t Rontl. The Franchisee shall furnish to the City
a Payment Bontl executed by a surety licensed and authorized to do
business rn the State o£ Florida rn the amount of $100,000.00
rneuring the faithful payment and performance of the terms of this
ordinance and executed by a surety company. Said Payment Hond is
rn an amount deemed by the City and the Franchisee to be reasonable
and necessary to enable the Crty to ensure all franchise Eees due
and payable hereunder and paid as and when due.
25. Liability. The privileges herein granted are upon the
damages or injury to persons or property caused by its neglect or
mismanagement, or by [he actaons of any of vis esployees while
engaged in the operations herein authorized, or for any actrons or
proceedings brought as a result of the award of this franchise to
trust actrons r proceedings. should the city o£ Longwood be sued
therefor, the Franchisee shnll be notified of such suit, and
thereupon it shall be its duty to defend the suit or at the city's
option to pay the legal fees of the City's attorney to defend the
suit and should judgment go against the City rn any such ca ,
Franchisee shall forthwith pay the same. The Franchisee shall
indemnify and save harmless the L'ity, to agents, officers and
injury, death or property damage sustav ned by reason of any of the
Franchisee's activities permitted by this franchise or for any
actrone or proceedings brought as a result of the award of this
franchise to Franchisee, t specifically include but not limited to
Antr-trust actions or proceedings, and aha11 pay all expenses,
rncludi ng costs and attorney's fees, in defending against any such
claim made against the City or any of the City's agents, officers
public liability and property damage insurance in the amount of
$S,000,ooo per accident, event or occurren , awing the City as an
additional insured to the extent of its rights against Franchisee
arising by virtue of this eectron. The insurance policy will
provide that the City shall be given thirty (30) days written
notice prior to cancellation or modification. A copy of said
policy of insurance shall be filed with the City Clerk on or before
26. The Franchisee shall, at its sole expense,
procure Erom all governmental authorities having jurisdiction over
the operations of the Franchisee, including the city, all licenses,
certi.f icates, permits or other authorization which may be necessary
for the conduct of its operations. mhe Franchisee shall pay all
taxes, licenses, certification, permit and examination fees and
excises which may be assessed, levied, exacted or imposed an r[s
franchise and the rights and privileges granted herein, and shall
make all applications, reports and returns required in connection
therewith.
The Franchise shall carry, with
of Florida, a policy that fulfills all the iequiiements of the
worker's Compensation Act of said sta ~ me iuding all legal
requirements for occupational diseases.
2B. Ass ienm No assignment o£ franchise or any eight
the Franchisee without the express written consent of the city and
the customer, rn Che event of any assignment, the assignee and the
29. Books. Records and Audit
collectetl and charges therefor, and the City shall have the right
to revrew those records which in any way pertain to the payments
due it as well as the billing of all customers by the Franchisee.
I£ disposal Facilities are operated by the City, records of
incoming wastes shall be marn[arned by the City. the Franchisee
will be responsible for the monthly billing of the customer.
b. Franchisee shall furnish the City with an annual
audit, due on November 15 of each calendar year, Eor the servrce
year or portion thereof ending the previous s i:ember 30th. Said
audit shall be prepared by an independent ceitiE ied public
accountant complete with creditor's opinion which opinion shall be
subject to acceptance or rejection by the City. The audit shall
the City by the Franchisee including detailed data and computation
concerning the franchise fee.
30. ankruotcv or solvenev. If the Franchisee becomes
rnsolvent and in any event if the Franchisee files a petition of
voluntary or vnvoluntary bankruptcy, then this Franchise shall
termvnate rn no event later than the dace o£ filing of the
31. He£ault.
a. The failure on the part of the Franchisee to comply
vn any substantial respect with any of the provisions of this
ordinance shall be grounds Eor a Eorf sitars of this franchise, but
no such forfeiture shall take effect until the City has servetl upon
the Franchisee written notice of default, which notice shall set
forth the nature and extent thereof. If a deE ault can be
corrected, the Franchisee shall have thirty (30) tlays following the
the reasonableness or propriety of the city's declarations said
protest shall be served upon the City in writing within ten (IO)
tlays following receipt by the Franchisee of the City's notrce.
b. Sf the City and the Franchisee cannot agree as to
the reasonableness o propriety of the City's declaration of
defaults then the vss ue shall be promptly submitted to binding
arbitration. Three qualified arbitrators shall constitute a Hoard
o£ Arbitration, one arbitrator to be selected by the City, one by
the Franchisee and one by the arbitrators so selected. 'i'he Hoard
determinacion of the reasonableness and propriety of the City's
declaration of default no[ later than thirty (30) days following
submrssvon of the vssue to the Board. Arbitration shall be
pursuant to the Florida Arbitration Code, Chapter 682, Florida
Statutes.
c. The purpose of this sect ron rs to enable the City
and the Franchisee to resolve by arbitration such differences as
contained herein shall be construed to limit or res trrct the legal
rights and powers of the City or the Franchisee.
32. Rioht t erformance. The failure of the City at
any time to require performance by the Pra nc hisee of any provisions
hereof shall in no way affect the right of the City thereafter to
enforce same. Nor shall warver by the City of any breach o£ any
provisions hereof be taken or held to be a wavver of any succeeding
33. independent c it rs hereby understood and
agreed that the Franchisee is an independent contractor and not an
agent of the city.
34. Modification. This franchise constitutes the entire
agreement and understanding between the parties hereto, and it
shall not be considered modified, altered, changed or amended in
any respect unless in wrrtinq and signed by the parties hereto, and
adopted as an amending franchise ordinance.
notvice shall be addressed and sent by certified United States mail
to the city and a. inllovn:
CZSY. Geraldine o. Za~nbr:~i, C y Clerk
575 W. [Varx en Avenue
N'1. 3 ~0
n At ~ 11 ru~iedias
rn _ L~ i cnnul ative and
ads .tonal and nnL ra -cla e,iv y ov ny
ntner ~,edy a~ in use
event tM1e City L ~ any uc ~ n~
ixnne6i see shall E y als c.
inclading actor
37. This Yranchti si.
bo governed by the lnw ~c State of Florida. My ¢ne
a~Lron necee., y o er, cement v~lll be held i.n
C ovnty anvil the i in ~erpreted ncc ox'din9 w u.e laws
of P'1ori,da.
3H. eadi 1 echoes of ti'iis franch].se
arm Pox purposes convenrui~e only nv1 sli all not be deemetl to
=.xpand oc 1imiL Lho proves ron~ oontpined rn eu cli .,o~ivon=.
The Franchisee represents and
City has any vnterest, either directly or indirectly, rn the
business of Franchisee to be conducted hereunder.
40. endment. The City reserves 1;he right to amend this
ordinance in any manner necessary for the health, safety, welfare
of the public or to comply with laws, stator , regulations or
vnterloc al agreements, and the City reserve.. the right, in the
public interest from time to time, to prescribe reasonable rules
and regulations governing Franchisee's operations hereunder.
a person or affiliate identified on the Department of General
Services convicted vendor" list. This list vs deE fined a.,
cons is ring of persons or a££iliates who are disqualified from
public contracting and purchasing process because they have been
found guilty of a public entity crime. The Franchisee is required
to comply with Florida Statutes Section 28].133, as amended, or its
Seoarabi.li.ty: The provisions of this ordinance
are declared to be separable and if any sects , enten e, clause
or phraae of this ordinance shall £or any reason be held to be
invalid or unconstitutional, such decision shall. not affect the
validity of the remaining sectio , entene clauses and phrases
of this ordinance but they shall remain in effect, it being the
legislative intent that this ordinance shall stand notwithstanding
the invalidity of any part.
YAS.,CII ANA A06t TI _,_____,, 199{y%
Winaton, Mayov
~.ri,e to~e~- seise pno~idea ._
m11 t~.he L ,F a o haroby ac _ .,.
and ¢gree to ~ f ii.,_, _