Ordinance 95-1283CIGNAL
ju— u- C ty of
1.
Ih, wozk ll-,lill. b.trt
P.P 91",
tl-t h.",
p.t—ta.], di,,d and
d Solid was to management" —ll .— the process by
which ..Ii,d -- is collected, transported, --d, --,
processed, ox disposed of i. any .— according t. an
--y, purposeful, and planned program which includes closure
long-term
e. Solid ..t. management facility" 1-1 mean a —lid
—Y— P--- or --g. of —lid —t- Th. — d...
not include ---d materials processing facilities which meet
the requirements of FS - 403.7046(4) except the p-ti— of
facilities, if ..y, that i. used for the management of
managing sic.] —id waste.
f. .1.dg. --911—d ..d.,
Che federal clean water act or clean aiz act, sludge film a —t.
---t works, —t— supply treatment plant, or air pollution
--1 facility, or i--., garbage, rubbish, --, special
—.t., or other discarded material, including —lid, liquid,
semisolid, of contained gaseous material 1-1ti, from domestic,
industzial, commercial, mining, agricultural, or gover�unenGnl
operations. Recovered materials as defined i. FS —D-03(7)
not —lid —te.
g. Commercial establishment^ means property or
properties zoned or used £or commercial or industrial use , or used
by an entity exempt from taxation 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 and nonhazardous in
nature, including, but not limited t., steel glass, brick,
coot re , asphalt roofing aterial, pipe, gypsum wallbear d, and
I—, from the construction or destruction of a structure as part
of a construction of demolition project, and rnCluding rocks,
normally results from land clearing or land development operations
for a construction project including such debris from construction
of structures at a site remote from the construction or demolition
project ,it- Mixing o£ construction and demolition debris with
other types of solid waste, including material from a construction
of demolition site which is not from the actual construction or
than construction and demolition debris.
i. Container shall mean any portable, nonabsorbent
enclosed container with a clove fitting cover, or doors, approved
by the Realth Department and the City, which is used to store large
volumes o£ refuse. £t must be Capable of being serviced by
mechanical equipment.
j . ISp..j.I W--..... solid —.t.. that can —q.1-
special h..dli.g and management, i--1.9, but not limited t.,
white g..d., —.- ti—, used oil, lead -acid batteries,
.... t—ti— ..d demolition debris, ..h —id., d trash, anc
biological wastes.
blood p—.— and body fluid.; ..d other materials which i. the
.pI.I.. of the department of Health and Rehabilitative S.—...
represent d significant risk of infection to p.-- outside the
i..l.d., but is not -- t., hospitals, skilled nursing or
convalescent hospitals, intermediate facilities, clinics,
dialysis clinics, dental offices, health maintenance organizations,
surgical clinics, ..di.1 buildings, physicians' offices,
.. 'Biological —t.- mean. solid .—te that causes or
has the capability f ...idg di-- or infection and includes,
bnt is not limited t., biomedical —t., diseased or dead animals,
and other —.— —p.ble of transmitting pathogens t. h.— or
animals. Th. — d... not include h— —". that are disposed
.f by p-- --d -- chapter 470.
n. Materials --, facility means a solid waste
management facility that provides for the extraction from —id
—t. f recyclable materials, --i— ..i-- — ... as , —1
- ' ---d --- P—.—, facility — a
facility engaged solely i. the storage, P--i —1b, or
reuse of recovered --i—. Such a facility 1.1 not . —lid waste
defined in the department rule on —lid waste --b— which
—i— such t— ,
q. Pelletized paper waste mean pellets produced
exclusively f— discarded paper which is derived from a —lid
—t. management facility or a recovered materials processing
facility and which is shredded, extruded, or formulated into
compact pellets o£ various sizes for tM1e use as a supplemental £uel
ib -it— boilers other than waste -to -energy facilities. Th.
use of such pellets as b supplemental —1 in permitted boilers
other than .----gy facilities may be used by 1-1
g-1-- as —di- toward the goals for reduction of —id
waste pursuant to FS - 403.706(4)(B).
1. S.—bb --" ..... the --bd materials axe
..p--d from —lid waste where the --d --i— and —lid
waste axe generated. Th. term d— not require that —i— types
of recovered materials be separated from each other and recognizes
d. minrma.s —lid waste, i. accordance with i.d.—y standards and
practices, may be included in the ----d .—i—.
I-T.
tember 30, 1996 —1.—g the effective d.- hereof provided,
the City reserves the right to terminate the — p—,
thereto if the --hi... --t. i. any one of the terms
conditions herein specified.
b. On 0qt.b.Cj, 1996, this Franchise —11 be
automatically extended for .. additional tezm f — expiring
the following September 30 997 provided the Franchisee —11 ..k.
C.—I.. approval.
3. --i... Provided It,
--i— right t. the F—thi—(s) . Th. Contractor —11 b,
responsible for billing and —11—i— of commercial Solid W—t.
Collection —i— and disposal
4.Uh—th--d S-1—
a. N. other — or entity .,t,pt the Franchisees)
may offer or provide Commercial Solid —t. Collection C—i— i.
the City of Longwood. N. --i.1 establishment —hi. the City
sha11 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 i 1 -true rolief and do g .
c. [.rnrmum Service. The--hisee shall make at least
two (2) weekly collections at all-ommercial establishments subject
to the terms of this ordinance and at sufficient additional
in natu nce weekly collections are permitted.
5. Franchise roc Fee A fee of fifty dollars
($50.00) shall be charged for each franchise application to cover
associated administrative costs.
6. Hb. .Collections —11 be made between 7:00 a.m. and
7:00 p.m. unless different times are approved by the City.
J. L_Ltt— The Franchisee 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 sha11 collect all material that has been
placed in or about its containers unless otherwise directed by the
fox collection of solid waste from commercial establishments shall
be standard manufactured -type mechani.b—y served container ,
compatible with the private commercial Coll ector's servrc g
equipment. Containers shall be placed at locations readily
.b— private property unless the use of public property i.approved
by the Cit, violations of this section shall b.b.tit.t. . b,..bh
and --t of this .91 ..... t. The type f container ... d, or the
l oration thereof, may from the provisions of this —ti.n if
pp d in writing by the City S± —d, Florida.
a. Recovered ..—i— generated at .--1
bbtlUU.b--. .— b. ...- —P—t.d at the pl—i—t of the
commercial establishment i— t. collection by a properly
certified recovered --l. d—b-
--i— —11 be in strict compliance with all federal, state,
and I ... I — and regulations. Said —11,1b —11 be stored and
placed in . manner approved by the appropriate regulatory
FDER, U.S. —, bt.., and the City of ——
.ti— U—i--
The --hi— —11 provide an adequate nu
good repair, b— and in a sanitary condition at all
E-1, —I,i— —11 h..e clearly visible the — and p—. number
.f the --hi— and —hibl. nnmbbr not I— than 1-1— inches
(12 ' ) i. height on the — and each side. b. --i...
.—I certify t. the City IIU the ---bt of each franchise
year the d..,ibti.. and Utity of —hi—. and equipment on 11—d
., —q—t --ti.. services and backup i. the
,h d.p '''*.t— —11 be systematically marked, i. a
—b.d—d d— of pickup and it. 'd=p—r --' i—, 6, ,
452 —.1d b. a — (6) yard —p—, to be picked up Monday,
Wednesday and-iday andit would be d— number 452. Suchki.g. —11 be --d to provide such other information as the
mar
City ..y require promptly upon receipt of . notice from the City
requiring a —., of --i— —i.g-
- Office. The Ft —hi— shall establish and maintain a
1-1 ."i— or such other facilities through which it can be
-- —i.. ..y be applied f., and complaints can be
..d.. It —11 be equipped with --l— telephones, —11 have
one (1) —t-- person in charge during hours -and
shall be p— during collection
13. a li� All —lid w— h-- by the h:ll
be so contain , r enclosed that spilling blowing
prevented. In the .—t of any spillage, leaking, of blowing of
--i," from truck, the Franchisee —11 immediately clean the
—t..
14. �Di--I- All -lid —te for disposal shall b. hauled
to DRR approved sites or facilities legally approved to accept it
for treatment or disposal and designated as an approved site by the
City_ All recovered materials must be processed at a Certified
recovered materials processing facility.
15. Chases and All charges and rates fox the
commercial collection of garbage shall be set by the Franchisee in
negotiation with the commercial establishment xequirinq the
service. Rates and charges shall not be set by the City.
a. Pox the privilege of collecting solid waste from
commercial establishments within the City, securing a franchise
from the City and for the use of the City streets, the franchised
collector shall pay to the City, a sum equal to ten percent (10%)
operations it the City, it —ding fees, charges, rental of
equipment, and funds paid outside the City for hauling materials
fxom the City. Payment to the City shall be made four (4) times
per year, on March 15, Sune 15, September 15, and December 15, £or
three (3) full months immediately -—ding payment, except the
first payment if the first period is less than three months, in
which case payment shall be prorated. Such fees shall not include
fees generated from the collection of recoveredmaterial s.
b. Franchisee, in further consideration of the franchise,
shall make its financial records available to the City in
accordance with procedures established from time to tine by [he
City. The fees paid pursuant to this Section shall not be added as
a separate item on the customer s collection bills, but --
.-I b. considered as an operational expense.
.. All payments —11 be due on the fifteenth (15th) of the
month following the month of —i— A, and all payments not
paid by the 15th of the .—I, --i, the —1, of service —11
b.., i—,— at the 11- of 18% p— —h.m ft— the first (I-) of
commercial establishment .. — forth i. this section. Commercial
—.bli—,— which have not —it— requited p.ts within
fifteen (15) d of — d.te of billing shall be notified.
discontinued fifteen (15) d from the d.- of notice if —t
it not —de b.f.— that time. In the event the Franchisee intends
to discontinue a delinquent account, it .—I .. notify the City at
payment f the delinquent —, the F--... —11 resume
collection .. the —t regularly scheduled collection day.
18. �Rts. On the twenty-fifth (25th) d, of the month
f.n..i.g the month of —i— hereunder the --hi— —11
provide the City with a report. Said report —11 be it a f—,
either hard ..py, ...p.t., disk (compatible with the City'.
—p--� of th—i.e satisfactory t. the City. Th. report shall
i—lade such information as the City may reasonably q,ilb — as
within the City and — as t. ensure Franchisee's compliance with
rms and conditions of this r p t. Unless otherwise
City, Director of Public Works, each report shall
(1) Customer s Utility Number (Assigned by the City
(3) Customer's easiness Address
(4) Customer s Telephone Number
(s) Contarner(s) Number (s)
(6) Contavner(s) Capacity
(7) C p tor(s)
(8) Pick-up Schedule for Containers and Compactors
(9) Number of Pick-ups for all Containers and Compactors
(10) Franchisee Pee
Tbis 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 service, to the Director of Public
Works.
19. Complaints. All complaints shall be resolved by
franchisee within twenty-four (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. C-h
records shall be available for City inspection at all tines during
business hours. The form shall indicate the day and hour on which
the complaint was received and the day and hour on which it was
resolved, the name of the complainant, the nature of the complaint
and the manner of resolution. when a complaint is received on the
day preceding . —id, or on a S,t.,d.y, it —11 be --i—d on
the next working day.
20. N.tifi.hti.h.The Franchisee —11 notify all customers
about I—t p---, regulations, and days of collection.
a. The F—.hi— —11 —xgn a qualified p.t.or
-
persons t. be in charge of his oph—l..s i. the City and —11
give the name or .— t. the City; information regarding
experience shall also b. furnished.
1. Franchisees Collection employees —11 near a clean
Operator's ll-- — the type of —hi— he is driving
di—ipll.e of any 1 of the Ft —hi— who violates any
pt—i.i.. hereof or who is --, negligent, or di—t-..s i,
the performance of his duties.
e. The Franchisee —11 provide operating sad safety
training for all personnel and —11 certify .1T, t. the City
annually p.. --1 of this --hi... such certification sha11
identify all employees employed in L—, their job description
and th. -- and type of training given said employees.
1. Th. --hi... shall —Ply with the Equal
Employment Opportunity Program, the Fair Labor Standards — and
Employment P—ti—h
zz. Fraacn's.e F
A. All trucks or other vehicles operated by the
Franchisee in the City shall be subject to, and shall immediately
submit to spot, on the road inspections by the City o. its agent
and if found to be unsafe, said vehicle shall be .immediately
removed from service until it can be repaired and is successfully
b. The use of vehicles failing to meet standards after
inspections may be grounds for cancellation of the franchise by the
City Commissi— if found after notice to the Franchisee and an
opportunity to be heard, to be Flagrant .r repeated in nature.
— Comolianc. within Laws. The right is hereby ..served £or
the City to adopt, in addition to the p—isions herein contained
and existing applicable ordinances, such additional regulations as
it shall find necessary rn the exercise of the police power,
provided that such .egulations by ordinance or the. — shall be
reasonable and not in conflict with the intended purpose of this
ordinance. This sha11 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 ag.eements between the City and
Seminole County for solid waste management and its failu.e to
comply shall constitute a default he.eunde.. This franchise shall
not be construed to repeal or revise any existing ordinance and to
the extent that any provision of this franchise is inconsistent
with any existing ordinance, then such existing ordinance .Hall
24. ond. The Franchisee .ball furnish to the City
a Payment Bond executed by a surety licensed and authorized to do
business in the State of Florida rn the amount of $100,000.00
insuring the faithful payment and performance of the terms of this
ordinance and executed by a surety company. Said Payment Bond 1,
rn an amount deemed by the City and the Franchisee to be reasonable
damages or injury to persons ox property caused by its neglect ox
mismanagement, ox by the actions of any o£ its mployees while
engaged in the operations herein authorized, or for any actions ox
proceedings brought as a result of the award of this franchise to
Franchisee, to specifically include bat not be limited to Anti-
trust actions ox proceedings. Should the City of Longwood be sued
therefor, the Franchisee shall be notified o£ such suit, and
thereupon it shall 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 rn any such case,
Franchisee shall forthwith pay the same. The Franchisee shall
employees from any judgments recoveredby anyone for personal
injury, death or property damage sustained by -- of any of the
Franchisee's activities permitted by this franchise or for any
actions or proceedings brought as a result of the award o£ this
franchise to Franchisee, to specifically include but not limited to
Anti-trust actions ox proceediaga, and aball pay all expenses,
including coats and attorney'. fees, in defending against any such
claim made against the City or any of the City'. agents, officers
public liability and property damage insurance in the amount of
$5,000,g0D per accident, event or occurrence, naming the City as an
additional inscred t. the extent of its rights against Franchisee
arising by virtue of this section. The insurance policy will
provide that the City shall be given thirty (30) days written
policy of insurance shall be filed with the City Clerk on or before
26. The Franchisee sha11, at its sole expense,
procure from all governmental authorities having jurisdiction over
the operations of the Franchisee, including the City, all licenses,
£or the conduct of its operations. The Franchisee shall pay all
taxes, licenses, certification, permit and examination fees and
excises which may be .......d, levied, exacted or imposed on its
property, on its operations, on it. gross receipts, and upon this
franchise and the rights and privileges granted herein, and shall
make all applications, report. and returns required in connection
th--ith.
Th. Franchise shall —, with
fulfills all the requirements of the
Worker Compensation Act f said Sta , including all legal
requirements Eox occupational diseases.
occurring -- this —di—.. —11 be mad. i. —1. or in part by
the Franchisee with— the -pl— written —1— of the City and
the -- in the --t of any assignment, the assignee and the
assignor —11 both b. liable ..d., the --bi...
29. Books. and Audit.
a. The --.hi... —11 —p records of wastes
collected and Il—g.. therefor, and the City —11 have the right
t. —il. those C-- which iany —y pertain t. the payments
due it as —11 .. the billing of all I—t.— by the --hi...
If disposal facilities are operated by the City, --d. of
incoming -- —11 be maintained by the City. The Franchisee
will be responsible for the monthly billing of the ---
b. --hi— shall furnish the City with an annual
audit, due on November 15 of —h calendar year, — the service
year or portion thereof ending the previous September 30th. Said
—it shall be prepared by an independent —tified public
---t complete with creditor's opinion which opinion —11 be
subject to acceptance or rejection by the City. The audit shall
reflect the —.—y and completeness of the i.f .... ti.. provided
the City by the --hi— including detailed data and computation
concerning the franchise fee.
30. 1 1 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 of filing of the
a. The failure on the 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 forfeiture shall take effect until the City has served upon
the Franchisee written notice of default, which notice shall set
forth the nature and extent thereof. If a default can be
corrected, the Franchisee sha11 have thirty (30) days following the
the reasonableness or propriety of the City's declaration, said
protest shall be sewed upon the City in writing within ten (10)
days following receipt by the Franchisee o£ the City's notice.
the reasonableness or propriety of the City's declaration of
default, then the issue shall be promptly submitted to binding
arbitration. Three qualified arbitrators eha11 constitute a Board
the Franchisee and one by the arbitrators so selected. The Board
of Arbitrators sha11 notify the City and the Franchisee of their
determination of the reasonableness and propriety of the City'.
c. The purpose of this section is to enable the City
and the Franchisee to resolve by arbitratioe such differences as
they may be unable to resolve by mutual agreement. Nothing
rights and powers of the City or the Franchisee.
32. Riqht t g erformance. The failure of the City at
any time to require per£ormance by the Franchisee of any provisions
enforce same. Nor shall waiver by the City of any breach of any
provisions hsreof be taken or held to be a waiver of any succeeding
breach o£ such provision ox as a waiver of any provision itself.
33. It is hereby understood and
agreed that the Franchisee is an independent contractor and not an
34. Mod if is This franchise constitutes the entire
agreement and understanding between the parties h—t., and it
any respect unless in writing and signed by the parties hereto, and
adopted as an amending franchise ordinance.
35. xs required for any purpose ra this franchise,
notice shall be addressed and sent by certified United States mail
36. "b"'bL"
psnvI,— i. this f .... t—. shall he deemed cwm.,lative and
,blili—tl ".b —1 in lieu .1 .. exclusive of each athmx ox oP any
athec ,,.dy availabl.a tC the City at L— ., i,i equity. in tl,.
tit, City th,11 prevail in any —A.. "i.i.g Berea atler,
—11 pay - tl,l City it. —.t., efezabl.e tli—it,
—di.q att... 's j..,.
37. —,, 11,1.4-Ve = has I—hiagrnemsnt shall
-
be .... b,id by th, la— of the —, of it—ld- Ay ..d .11 1
of fii.oridn.
38. H¢di,. ThC headings Cf, It-, ,b-i.—, f this
only and 1h.11 not be --1 tb
39. of F nchisee. The t--hisee represents and
warrants unto the City that no officer, employee, or agent of the
City has any interest, either directly or indirectly, in the
business of Franchisee to be conducted hereunder.
ordinance rn any manner necessary for the health, safety, welfare
of the public or to comply with laws, statutes, regulations or
rnterlocal agreements, and the City reserves the right, in the
public interest from time to time, to prescribe reasonable rules
and regulations governing franchisee's operations hereunder.
41. Public E y Crim N. Franchisee or Contractor may be
a person or affiliate identified on the Department o£ General
Services convicted vendor" list. This list it defined
consisting of persons or affiliates who are disqualified from
public contracting antl purchasing process because theyhave been
found guilty of a public entity crime. The Franchisee is required
to comply with Florida Statutes Section 287.133, as amended, or its
The provisions of this ordinance
r phrase of this ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the
validity of the remaining sectlo , sentences, clauses and phrases
of this ordinance but they shall remain rn effect, it being the
rinse RaAnxwc ���w .�lt z✓� i'r S;
SECQNF acnnznC fi, <-
eas„aF ANF AFoaccF PHSsc iL/FAY —5
ws. Ij— E. Y -------..
Car ld y C1esk
Approved as to and legalityfos vsa and reliance by the City
o£ g qod, E'Yo d � only._
i
Richard 6. Tayl.ox, S ., City Att--y
The Foregoing osdinancuo and the fsanchise provided fw- therein and
all tlue t and ocndf.tio:'�s- thexeFL a e hereby a cepted. appv-oved
ms
and yremd t:o ti s y'_ dey o£ _ "/,l' I F-� 1.995.
FRAM vFL:
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