Ordinance 95-1276OR161NAL
ORUINANCe 95-12]6 ~ ~ ~d.
nO2NANC8 O CITY OF LONGW000, F IUING
OF - %CLUSSVeR
Jemtirmsl Ehvir „enrol Services. N~ COLLeCTION
-ou~osrR CeRmAIN m
CONU TIONS AN RBQUIREMeNTS R ABTO~ PROVSOING
BE IT ENACTED BY THE CITY OF LONGW000, FLORI OA AS FOLLOWS:
SECTION ONE: There is hereby granted to Jermings Emiroimiantal Services, lnc
exclusive right, privilege or franchise to collect solid waste
materials from commercial establishments within the City of
Longwood, Seminole County, Florida, during the term and subject to
the following limitations and conditions as hereinafter set £orth.
a. City" shall mean the City of Longwood, Florida, a
munrcipal corporation.
b. Franchisee" shall mean the individual, partnership
or corporation who/which agrees, as hereinafter provided to perform
the work or servrce, or to furnish materials or equipment, or both
as t forth in this franchise.
c. Recovered materials" means metal, paper, glass,
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
£or sale, u or reuse as raw materials, whether or not the
materials require subsequent processing or separation from each
oth , but doe:
_onatitataa aia
not aolia waste
which solid waste rs collected, transported, stored, separated,
processed, or disposed of zn any other way, according to an
orderly purposeful and planned program which includes closure and
long-teen maintenance.
e. Solid waste management facility" shall mean a solid
waste disposal ar ~ volume reduction plant, transfer station,
materials recovery facility, or other £ac ility, designated by the
City, the purpose of which is resource recovery or the disposal,
recycling, processing, or storage of solid waste. mhe i:exm does
managing src.] sol rd waste.
£. Solid waste shall mean sludge unregulated under
the federal clean water act or clean au act, sludge from a waste
treatment works, water supply treatment plant, or arr pollution
control facility, or rncludes garbage, rubbish, refuse, special
was or other aiaoaraea material, rnclnaing aolia, lignia,
semrsolid, of contained gaseous material resulting from domestic,
industrial, commercial, mzning~ agricultural, or gover,wental
operations. Aecovezed materials as defined in FS s.403.]03~]7 are
not solid waste.
OR161NAL
q. "COmmeicial establishment" means property or
properties zoned or usetl for commeroial or industrial use , or used
by an ent y exempt from taxatron under s. 501(c~(3) of the
internal Revenue Code, and 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 antl nonhazardous in
nature, inc ludi.ng, but not limited , steel glass, brick,
concrete, asphalt roofing material, pipe, gypsum wallboard, and
lumber, from the construction or destruction o£ a structure as part
normally results from land clearing or land development operations
£or a construction project including such debris £rom construction
other types of solid was , ncluding material from a construction
of demolition svte which is not from the actual construction or
i. '•COntainer" shall mean any portable, nonabsorbent
enclosed contarner with a close fitting cover, ox tloors, approved
by the Health Department and the City, which is used to store large
volumes o£ refuse. xt must be capable of being ervviced by
mechanical equipment.
j. Special Waste means solid wastes that can requrre
special handling and management, rnclvding, but not limited to,
whrte goods, waste tyres, used oil, lead-acid batteries,
construction and demolition debris, ash residue, yard traeh, and
biological wastes.
k. 6romedical waste means y solid waste or liquid
waste which may present a threat of infection to humans. The term
rncludes, but is not limited to, nonliquid human trssve and body
par ~ laboratory and veterinary waste which contain human-tlisease-
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 [tealth and Fehabilitative Servrces
represent a significant risk o£ infection to persons outside the
g crating facility. The term does not include human remarna that
are disposed of by p sons licensed under chapter 4"10.
1. B.romedical waste generator" means a facility or
person that produces o£ generates biomedical w The term
me lodes, but rs not limited t , hospitals, skilled nuns ing or
convalescent hospitals, intermediate care facilities, clinics,
dialysis clinics, dental offices, health maintenance organizations,
surgical clinics, medical buildings, phys icians~ offices,
hoe the capability of causing disease or infection and includes,
but is not limited t , biomedical was ,. diseased or dead anrmals,
and other wastes capable of transmitting pathogens to humans or
ORIGINAL
anvnala. a•ne term apes not rnclnae Human remarna that are aiapoaea
o£ by persons licensed under chapter 470.
n. Materials recovery facility' means a sol is waste
o. Recovered materials processing £acility" means a
£acility engaged solely vn the storage, processing, resale, r
reuse of recovered materials. Such a facility is not a solid waste
management Eac il.ity if it meets Che conditions o£ Fs s.
4o3.to45(1)(£(.
p. Ash Residue has the same meaning as the term va
defined vn the department rule on solitl waste combustors which
q. Pelletized paper waste mean pellets produced
exclusively from discarded paper which ra derived from a solid
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
goveriunents as credits toward the goals for reduction of solid
- r. source separated" means the recovered materials are
separated Eros solid waste where the recovered materials and solid
waste are generated. 'f he term does not require that various types
of recovered materials be sepazated from each other antl recognizes
de minimrs solid waste, in accordance with industry standards and
practices, may be included in the recovered materials.
2. Tecm.
a. 1`he term of this franchise shall terminate on
eptember 30, 1996 following the effective date hereof p ovided,
however, the City reserves the right to terminate the same prior
thereto if the Franchisee defaults in any one o£ the terms and
conditions herein specified.
b. on robe= 1 1994, this Pianchise shall be
automatically extended fox an additional to of o expiring
the following S tembex 30, 199> provided the Franchisee shall make
aPPl ication far said extension at least 30 days prior to its
termination. No further extensions shall be granted without City
Commission approval.
3. vided by P nch'see:
a. Franchisee(s) shall provide Commercial So1itl Waste
Collection Services in the City of Longwood, which shall be an
exclusive right to the Franchisees). The Contractor shall be
responsible fox billing and collection o£ Commercial Solid Waste
the City of Longwood. No commercial establishment within the City
ORIGINAL
shall utilize the services of a collector not holding a franchise
from the City. Violations of this section shall be enforced by the
City by legal action seeking injunctive relief and daniag es.
c. Minimum Service. The franchisee shall make at least
two (2) 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
env.vronment, unless otherwise approved in advance by the City,
provided However, where the refuse is exclusively non-putrescible
in natur nce weekly collections are permitted.
(550.00 shall be charged for each franchise application to cover
~. Tna erannniaee anau not litter promises in the
process of making collections and shall promptly pick up all
papers, material or debris that may be scattered about the
container. eranchisee shall collect all material that has been
placed in or about its containers unless otherwise directed by the
city.
for collection of solid waste Erom commercial establishments shall
be standard manufactured-type mechanically se ived containers,
compatible with [he private commercial collector's servicing
equipment. Containers shall be placed at locations readily
accessible Co franchisee s p sonnet. Containers shall be located
upon private property unless the use of public property i, 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 the provisions o£ this section if
approved in writ g by the City of Longwood, Florida.
9. erect tn_ ials.
a. Recovered materials generated at commercial
establishments must be source separated at the premises of the
commercial tablishment prior to collection by a properly
certified recovered materials dealer.
10. artlous terials. Collection of special and hazardous
materials shall be in strict compliance with all federal, sta ,
and local laws and r gulations. Said materials shall be stored and
placed rn a manner approved by the appropriate r gulatory
agency,i.e. FD , .s. EPA, etc., and the city of Longwood.
11. Collection Fauioment.
a. ahe eranchisee shall provide an adequate number o
vehicles for regular collection services. They shall be kept i
good repair, appearance, and in a sanitary condition at all times
of the Franchisee and vehicle number not less than Cwelve inches
(12") 1n height on the rear and each side. b. Franchisee
shall certify to the City upon the commencement of each franchise
year the description and quantity of vehicles and equipment on hand
OR161NAL
and available for regular collection servrces and backup in the
event of any breakdowns.
c. Each dumpster shall be systematically marked, in a
manner approved by Che City to identify its capacity in yardage,
scheduled date of pickup and its "dumpster number" i. , fi, MWF,
452 would be a srx (6) yard dumpster, to be picked up Monday,
Wednesday and Friday and rt would be dumpster number 952. Such
markings shall be amended to provide such other information as the
Clty may require promptly upon receipt of a notrce from the City
xequirinq a change of container markings.
12. Office, mhe Franchisee shall establish and marntarn a
local of £ice or such other facilities through which rt can be
contacted, where servrce may be applied for, and complaints can be
made. It shall be equipped with sufficient telephones, shall have
one (1( responsible person in charge during collection houisand
shall be open during collection
hours.
13. au,~. A11 solid waste hauled by Che Franchisee, vhall
be so contained, or enclosed that leaking, spilling or blowing are
prevented. In the event o£ any spillage, leaking, of blowing of
materials from truck, the Franchisee shall immediately clean up the
14. sal. All solid waste for disposal shall be hauled
to FDER approved srtes or facilities legally approved to accept it
for treatment or disposal and designated as a approved site by the
15. Charges and A all charges and rates for the
commercial collection of 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.
16. t' d P
a. For the privilege of collecting solitl waste from
commezc ial establishments within the city, scoring a franchise
operations rn the City, including fees, charges, rental o£
equipment, and funtls paid outside the City for hauling materials
three (3) toll months iaunediately preceding payment, except the
f ssst payment i£ the first period is less than three months, rn
which case payment shall be prorated. Such tees shall not include
fees generated from the collection of recovered materials.
b. Franchisee, in further consideration o£ the franchise,
shall make its financial records available to the City rn
accozdance with procedures established from trine to time by the
City. The tees paid pursuant to this Section shall not be added as
a separate item on the customer s collection bills, but rather
ehau nm cpasiaered %. an t atroaal ewpenae.
c. all paNnents shall be due on the £.iCtoeut6 (15th) o£ U..
mouth following 1: he month oL serva.ce. Any and all payments no
raid by the 15th of the month Iollowinq the m i of sarvrce steal
bmar in4exest at lho race of 1.58 per anaum from the S;vcst (ls L) o
Lhe month fo Mowing the month o£ eon
e. The lranGt.i.s ee may u.r..coatrnaa .,erv.ioe to
co~mnc. a ~~ L a., .,mot to.rth in ties sectrou. Co~mnexu~.a
ive .toi renrttzd requi ced pey nt., wrthi
l rii (1 x n date of L111ing shall he not.i fied
3:o11owinq the ~n'Lh o£ .>e rv.~.ce he n. i. i'.he tsanchie ce shall
provide th. City with e report. vai.d report shall 6e in a fonn~
E tther hard copy, computer disk (compatible with the City's
computers) or otherwise satisfactory to the City. The report shall
me Jude sun iutonnation a., the eicy may reasonably regvi.re so a.,
to ensur p p eoYi~3e merv.vcs by all ~ommorv rnf establi.s hmente
within the City and so as Lo onsare Pxanchi.a@a's complianco with
the terms and conditions of this report, unless othervase directetl
by the City's Ovrector o£ Public Works, each report sba11 contaan
(L) Customer s Utility Number (Assigned by the C ty)
(2) Customer s sus mess Name
(3) Customer s eusvness Address
(4) Customer s Telephone Number
(5) Coaterner(s) Nu~~er (s)
(6) Container(s) C p ity
()) Compactor(s)
(8) Yickwp Schedule f'or Containers and Compactors
(9) Number of Pick-ups fox all Containers and C pactors
(1U7 Franchisee Cee
This report shall be submitted no later than the twenty-fifth
(25th) of the month following the month o£ serer ~ overi.ng all
act.vvities during the month of servr ~ o the Uvrector o£ Public
Works.
19. molar All complaints shall be resolved by
francbisee within twenty-four (24) hours. The Franchisee shall
supply the city with copies of all complainta on a form approved by
the City and indicate the disposition of each complaint. Such
records shall be available £or City inspection at all tames during
business hours. The form shall indicate the day and hour on which
the complaint was recerved and the day and hour on which it was
resolvetl, the name of the complainant, the nnture of the cosplaint
and the manner of resolution. When a complaint is receaved on the
OR161NAL
day precediny a holiday or on a Saturday, it shall be servrced on
the next work g day.
20. ti£ic The Franchisee shall notify all customers
about complaint procedures, regulations, and days of collection.
21. Franchisee Personnel.
a. The Franchisee shall assign a qualified person or
persons to be rn charge of hrs operations in Che City and shall
give the name or nane.. to the City, information regarding
experience shall also be furnished.
b. Franchisee's collection employees shall wear a clean
uniform bearing the company's name.
c. Each employee shall, at all trm carry a valid
operator's license for the type of vehicle he is tlriving.
d. The City may request the dismissal or appropriate
discipline o£ any employee of the Franchisee who violates any
provision hereof or who is wanton, negligent, or discourteous i
the performance of his duties.
e. The Franchisee shall provide operating and vafety
training for all personnel and shall certify same [o the City
annually upon renewal of this Franchise. uch certification shall
identify all employees employed in Longwood, their job description
and the nature and type of training given said employees.
f. The Franchisee shall comply with the Equal
Employment Opportunity Program, the Farr Laboi Standards Act and
all other applicable federal and State $Catutes pertaining to Fau
Employment practices.
22. Fr nch'see G o n
a. All trucks or other vehicles operated by the
Cranchis ee in the 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 immediately
removetl from servvice until it can be repaired and is successfully
rer p ted.
b. The use o£ vehicles failing to meet standartls after
vnspections may beg ands for cancellation of the franchise by the
City Commrss von, i.f fountl after notice to the Franchisee and an
opportunity to be heard, to be flagrant or repeatetl in nature.
moliance within Laws. The right is hereby rese
provided that such regulations by ordinance or othernise shall be
reasonable antl not in 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 and vts failure to
comply shall constitute a default hereunder. This franchise shall
not be construed to repeal or revise any existing ordinance antl to
the extent that any provision o£ this franchise is inconsistent
ORIGINAL
with any existing ordinance, then such existing ordinance shall
prevail and control.
24. _P_ayment -ond. The Franchisee shall furnish [o the City
a Payment Bond executed by a surety licensed and authorized to do
business in the State of Florida in the amount of 5100,000.00
insuring the faithful payment and performance of the terms of this
ordinance antl executed by a surety company. Said Payment Band is
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 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
Franchisee, to specifically include but not be limited to Anti-
therefor, the Franchisee shall be notified of such su , 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
sort and should judgment go against the City rn any such case,
Franchisee shall forthwith pay the same. The Franchisee shall
indertuiify and save harmless the city, is agen s, officers and
employees from any judgments recovered by anyone For personal
injury, tleath or property damage austavned by reason of any of the
Franchisee's actavvties permitted by this franchise or £oi any
actvons o p ceedings brought as a result of the awartl of this
franchise to Franchisee, t specifically include but not limited to
Anti-trust actvons or proceedings, and shall pay all expenses,
including costs and attorney's fees, in defending against any such
claim made against the City or any of the City's agents, officers
or p y s. Franchisee further agree t p chase c prehenaive
public liability antl property damage insurance vn the amount of
55,000,000 per accident, event or occurrence, naming the City as an
arising by virtue of this section. 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
The Cranchisee shall, at its sole expense,
the operations of the Franchisee, including the City, all licenses,
certificates, permits or other authorization which may be necessary
for the conduct o£ its operations. The Franchisee shall pay all
tax , licenses, certification, permit and examinatvon fees and
excises which may be assessed, levied, exacted or imposed on its
property, on its operations, on its gross receipts, and upon this
Franchise and the rights and privileges granted herein, and shall
make all applications, reports and retur .required in connection
therewith.
G ttIVIIVHL
The Franchise shall carry, with
of Florida, a policy that fulfills all the r q rements of the
Worker's Compensation Act. of said Sta me lading nll legal
requirements for occupational diseases.
28. ent. No assignment o£ franchise or y fight
occurr g under this ordrnnnce shall be made in whale or rn part by
the Franchisee withouT the express written consent of the City and
the custom r, rn the event o£ any assignment, the assignee and the
collected and charges therefor, and the City shall have the right
to revrew those records which in any way pertain to the payments
I£ disposal facilities are operated by the city, records of
rncoming wastes shall be marntarned by the City. The Franchisee
will be responsible fox the monthly billing of the customer.
b. Franchisee shall furnish the City wrth an annual
audit, due on November 15 of each calendar year, for the servrce
year or portion thereof ending the previous September 3oth. Said
audit shall be prepared by an independent certified public
subject to acceptnnce 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.
30. k solvenev. If the Franchisee becomes
insolvent and in any event if the Franchisee Files a petition of
voluntary or involuntary bankruptcy, then this franchise shall
terminate rn no event later than the date o£ filing of the
bankruptcy petition.
31. pe£ault.
a. The failure on Che part of the Franchisee to comply
rn any substantial respect with any o£ the provisions of this
ordinance shall be grounds for a forfeiture of this franchise, but
no such Eorfeiture shall take effect until the city has served upon
the Franchisee vrvtten notice of default, which n tlce shall set
forth the nature and extent thereof. If a default can be
corrected, the Franchisee shall have thirty (30) days following the
notrce of default to correct the same. if the Franchisee protests
the reasonableness or propriety o£ the City's declaration, said
protest shall be served upon the City in writing within ten (10~
days following receipt by the Franchisee of the City's notice.
b. If the City and the Pranchisee cannot agree as to
the reasonableness ox propriety of the city's declaration of
default, then the issue shall be promptly submittetl to binding
arbitration. Three qualified arbitrators shall constitute a Board
o£ Arbitration, one arbitrator to be selected by the City, one by
the Franchisee and one by the arbitrators so selected. The Board
of Arbitrators shall notify the city and the Franchisee of [heir
determination of the reasonableness and propriety of the City's
OR161iVA
aeclaracion of aefanlt not later cnan tnirty ~30~ days £ol lowing
submission of the rssue to the Board. Arbatration shall be
pursuant to the Florida Arbitration Code, chapter fi82, Floritla
The purpose of this sectron rs to ennble the City
they may be unable to resolve by mn ual agreement. Nothing
contained herein shall be construed to limit or restrrct the legal
rights and powers of the city nr the Franchisee.
32. ieht to R erf ormance. The failure of the City at
any time to require performance by Che Franchisee o£ any provisions
hereof shall i.n no way affect the right of the City thereafter to
enforce same. Nor shall warver by the-City of any breach of any
agent of the city.
34. Modification. This franchise cons [itutes 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 wrrting and signed by the parties hereto, and
adopted as an amending franchise ordinance.
notice shall be addressed and sent by certified United States mail
to the City and the Franchisee as follows:
CIxY. Geraldine o. 2ambri, City Clerk
175 W. Warren Avenue
Longwood, F1. 32]50
FxANCFII SEF. .1en*nngs Fmirnemental Services, Inc.
F.C. mx 6862
iungwod, Florida 32]]9-6862
3G. medics, and All remedies
provided n this Franchise shall be deemed cumulative and
additional and not in lieu of or exclusive of each other or o£ any
other remedy available to the City at law ox rn equity. In the
event the City shall prevail rn any action arrsing hereunder,
Franchisee shall pay to the City its cos , referable thereto,
me lading attorney's fees.
3], mina L This franchise agreement shall
be governed by the laws of the State of Florida. Any and all legal
action necessary to enforce the Agreement will be held in Semrnole
County and the Agreement will be interpreted according to the laws
of Florida.
38. eadin The headings of the sectrons of this franchise
are for purposes of convenrence only and shall not be deemed to
expand or limit the provisions contarned in such sectrons.
Oi, . ,NHL
39. r of Pr nchisee. The Franchisee represents and
warrants unto the City that no officer, employee, or agent o£ the
City has any vnteres 1, either directly or ind i.rectly, vn the
business of Franchisee Co be conductetl hereunder.
40. Amendme 'Plie City reserves the right to amend this
ordinance in any manner necessary fox the health, safety, welfare
of the public or to comply with lawa, statutea, regulations or
vnterlocal agreements, and the City reserves the right, rn the
41. Public Ent it o Franchisee or contractor may be
a person or affiliate identified on the Department o£ General
public contracting and purchasing process because they have been
found guilty of a public entity creme. The Franchisee is squired
to comply with Florida Statutes Section 20].133, as amended, or vts
SECTION TWO: Separability: The provisions of this ordinance
are declared to be separable and if any sectvon, senten , clause
or phrase of this ordinance shall for any reason be held to be
vnvalid or unconstitutional, uch 'decision shall not affect the
o£ this ordinance but they shall remarn vn effect, it being the
legislative intent that this ordinance shall stand notwithstanding
the invalvdity of any part.
S £f This ordinance shall take
effect on upon final adoption and upon acceptance by the
Franchisee.
FRET RBADPN : 1~00` ~ s i9p~
SECOND READING: ~14-t f~,• ~~A ~~-8 ~99~
PASSED ANO ADOP PED THI ~ DAY OF ~ 1995
Wxllram E. Winston, Mayor
eraldine D ri City clerk
Approved a o form and legality for use and reliance by the City
s t
of Longwood only
~R`~lsz, ,r~E t
..ACCEPTANCE BY FRANCHISEE
The foregoing ordinance and the £ranchise provided for therein and
all the terms and conditions- thereof 4 hereby accepted, approved
and agreed to th's T.f-~ ~ day of Ilyi~ ~-.z/~( ~ 1995.
PAANCBI //////, ~%1A
By: N ~'./i'i
of Owner uthorized Agent