Loading...
Ordinance 95-1278ORIGINAL ORDiNANC 95-t )SA ~ ~ °~~ AN O -E%CL TO WOAn T41a GL SING SOf Fla 'd=N R Tb£AC RC SAL AST&, E CERTA NLLT AhiSN COND TIONS AND [iEQUTAEMeNTS RELATING T PROVIDING SEVERADILITY, CONFLICTS AND AN EFFECTIVE DATE. SE IT ENACTED SY T TY OF LONGWO , LORIDA AS FOLLOWS: TI There vs hereby granted to Western Waste Lidustxies of Florida (herein called the "Franchisee"~, its successors and assigns, a non exclusive right, privilege or frnnchise to collect solid waste materrals from commerc i.al establishments within the City of Longwood, Eemrnole Cou y, Florida, during the term and subject to the Following limitations and condrtrons as hereinafter set forth. 1. D r a. City" shall mean Lhe City of Longwood, Florida, a municipal corporation. b. Franchisee" shall mean the individual, partnership or corporation who/which agrees, as hereinafter providetl to parf orm the work or serer , r to Furnish materials or equipment, or both as set forth in Lhis franchise. c. Recovered materials" means metal, paper, glass, plastic, textile, or rubher materials that have known recycling potential, can be feasibly recycled, and have been di werT.ed and source separated or have been r moved from the solid waste stream for sale, use, or reuse as iaw materials, whether or not the materials require subsequent processing or p a..ron from each othe ut does not rnclude materrals destrned for any se that constitutes disposal. xecoveretl materrals as described above axe d. solid waste management" shall mean t s by which solid waste is collected, transported, store , separated, processed, or disposed o£ in any other way, according to an orderly, purposeful, and planned program which includes closure and long-term marnte e. Solid waste management Lacility^ shall mean a solid waste disposal area, volume reduction plant, transfer station, materials recw y facility, or other facility, designated by th< City, the purpose of which is resource recovery or the d p sal, recycling, processing, or storage o£ solid waste. The term doe: the requirements of PS s. 403.]046(4) e cept the portion of facilities, i£ any, that is used for the management of [are f. Solid waste shall mean sludge unregulated under <he federal clean water act or clean arx act, sludge from a waste treatment works, water supply treatment p1anC, or air pollution control facility, or includes garbage, rubbish, refuse, special waste, of other discarded material, including solid, liquid, semrsol id, of contained gaseous material resulting from tlomestic, industrial, commercial, awning, agricultural, or governmental operations. Recovered materials as defined inPS s.4o3.]03(>~.are not solid waste. g. "Commercial establishment" means a property or properties zoned or used fox commercial or industrial use , r used by an ent y exempt £rom taxatvon under s. 5~1(c((3) of the Internal Revenue Code, and excludes property or properties zoned or used for si.ngl.e-family residential ox multifamily residential uses. h. Constructron antl demolition debris" means materials generally considered to be not water soluble and nonhazardous in nature, including, but not limited o, steel glass, brick, coucre ~ sphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure s part o£ a constructvon o£ demolition pxoj ect, and including rocks, soils, tree remains, tie , nd other vegeta[ive matter which normally results from land clearing or land development operations fox a constructs n project i.nclutling such tlebris L'rom constructvon o£ structures at a site remote from the construction or demolition project site. Mixing of construction and demolition debris with other types of solid waste, vncluding material from a construction o£ demolition site which is not £rom the actual construction or destruction of a structure, will cause it to be classified as other than construction and demolition denris. v. "Container" shall mean any portable, nonabsorbent enclosed container with a close fitting cover, or doors, approved by the Health pepartment and the City, which is used to store large volumes of refuse. It must be capable of being servviced by meenanical eenipmen[ j. ^Specidi waste means solid wastes that can require special handling and management, including, but not limited to, white goods, waste t.vres, used oi1~ lead-acrd batteries, construction and demolition debris, ash res idue~ yard trash, and biological wastes. waste which may present a threat o£ infection to humans. The to causing agents, discarded disposable sharps, human blood, and human blood products and body fluids and other materials which in the opinion of the department of Health and Rehabilitative Services represent a significant risk of infection to persons outside the generating facility. The term does not include human remains that axe disposed o£ by persons licensed under chapter 4J0. 1. Biomedical wa e generator" means a facility or person that produces of generates biomedical w she Cerm me lodes, but rs not limited to, hospitals, skilled nursing or convalesc ant hospitals, intermediate care {acilities, clinics, dialysis clinics dental offices, health maintenance organizations, surgical clinics, medical buildings, physicians' off i.ces~ laboratories, veterinary clinics, and funeral homes. m. "Biological waste' means solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, biomedical was , diseased or dead animals, and other wastes capable o£ transmitting pathogens to humans or anvmals. The term does not rnclude human remarns Lhat are disposed o£ by persons licensed under chapter 4]0. a. Materials recovery facility" means a solid waste ma g ent facility that provides for the extraction from solid waste of recyclable materials, materials sortable fox use ae a fuel facility engaged solely in the storage, processinq, resale, of reuse of recovered materials. Such a facility is not a solid waste menageme nt facility if vt meet.. the conditions of FS s. 403.]045(1)(£). defined in the department rule on solid waste combustors which q. Pelletized paper waste" mean pellets produced exclusively from discarded paper which 1s derived from a solid waste management facility or a recovered materials processing facility and which rs shredded, extruded, or fozmulated unto compact pellets of varvous svzes for the u se as a supplemental fuel vn permitted boilers other than waste-to-energy Facilities. The use oL such pellets as a supplemental fuel in permitted boilers other than waste-to-energy £ac ilities may be used by local govereunents as credits toward the goals fox reduction o£ solid waste pursuant to eS s. 403.]06 (4j~-j. separated from solid waste where the recoveretl materials and solid waste ar g ereted. The term does not require that varrous types of recovered materials be separated from each other and recognizes de mrnrmrs solid waste, rn accordance with industry standards and practices, may be included in the recovered materials. 2.. a. The term of this franchise shall termrnate on Seotember 30, 1996 Following the effective date hereof provided, however, the City reserves the right to ternunate the same prior thereto if the Franchisee defaults rn y ne o£ the terms and conditions herein specified. b. on October 1 1996, this Franchise shall be automatrcal ly extended Eor an additional to of on expiring the following 5 ember 30, 199] provided the Franchisee shall make application for Bard extensron at least 30 days p or to its termrnatron. No further extensions shall be granted without City commrss ron approval. 3. Services Provided by Franchisee: a. Franchisee(s) shall provide commercial Solid Waste Collectron Servues rn the City of Longwood, which shall be an exclusive eight to the eranchisee(s). The Contractor shall be responsible for billing and collection of Commercial solid waste Collection servrces 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 in the City of Longwood. No commercial establishment within the City shall utilize the serv.vices of a collector not holding a franchise from the City. violations of thrs sectron shall be enforced by the City by legal actron seeking injunctive relief and da pages. c. Mrnrmum Servrce. The Franchisee shall make at least two (2( weekly collections at all commercial establishments subject to the terms o£ this ordinance and at sufficient additional Intervals necessary to perform adequate servrces and to protect the envrronment, vnless otherwise approved vn advance by the City, provided however, where the refuse is exclusively pan-putrescible rn nature, once weekly collections are permitted. 5. F nchise Proce s Pee: A fee of fifty dollars (550.00( shall be charged foi each franchise application to cover associated administrative costs. 6. Collections shall be made between ]:00 a. m, and ]:00 p.m. unless dif{erent trmes are approved by the City. ]. Litter. 'Phe Franchisee shall not litter premises in the process of making collections and shall promptly pick up all papers, material of debris that may be scatteretl about the container. Franchisee shall collect all material that has been 8. and L cation of Aonroved Containers. Contarners used for collection of solid waste from commercial establishments shall be standard manufactured-type mechanically served containers, compatible with the private commercial collector's servrcinq equipment. Containers shall be placed aT. locations readily accessible to Franchisee p .onnel. Container., shall be located p n priva property unless the use o[ publ'c prop y s approved by the Citye violations of this sectvon shall constvtute a breach and default of this ag ement. The yp of container used, or the location thereof, m y vary from th p vvsvons of this sectvon if approved in writ g by the City o£ Longwood, Florida. 9, xia~ a. Recovered materials generated at commetcial establishments must be source separated at the premises o£ the commercial ablishment p or Lo collection by a propec ly certified recovered materials dealer. 10. ardous M ials. Collection of special and hazardous materials shall be in strict compliance with a11£ederal, state, and local laws and x'egulations. Said materials shall be stored and placed in a manner approved by tho appropriate reyulatory ayency,i.e. FD , .S. E , te., and the City o£ Longwood. ^ 11. Collection G o a. xhe Franchisee shall provide an adequate number of vehicles £or regular collection secvvices. They shall be kept in gootl repair, appearance, and in a sanitary condition at all tomes. tack vehicle shall have cl enrly visible the name antl phone number of the F nchisee and veh icLe number not less than twelve inches (32"~ in height on the rear and each side. b. Franchisee shall certiL'y to the City upon the commencement of each franchise year the description and quantity of vehicles and equipment on hand and available fox regular collection services and backup in the event of any breakdowns. c. Each dumpster shall be sy emetically marked, in a manner approved by the City to identify its capacity in yardage, scheduled date o£ pickup and its "dumpster number" i. , 6, MWF, 452 would be a six (6) yard dumpster, to be picked up Monday, Wednesday and Friday and it would be dumpster number 952. Such markings shall be amended to provide such other information as the City may r q re promptly upon receipt of a notrce from the City requiring a change o£ contarner markings. 12. Office. The Franchisee shall establish and maintain a local office or such other £acilities through which it can be contact where service 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 hours-and shall be op n during collection hours. 13. auk. All solid waste hauled by the Franchisee, shall be so contained, or enclosed that leaking, spilling or blowing are prevented. In the event o£ any spillage, leaking or blowing o£ materials £xom truck, the Franchisee shall immediately clean up the 14. sal. All solid waste for disposal shall be hauled to FOE approved sites or £acilities legally approved to accept iU f'or treatment or disposal and designated as a approved site by the 15. and Rates. All charges and rates £or the commercial collection o£ garbage shall be set by the Franchisee in negotiation with the commercial establishment requiring the servrce. 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 o£ the City streets, the fianehised collector shall pay to the City, a sum equal to ten percent (108) of the gross revenue from all sources related to the franchisee's operations in the City, including Lees, 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) trmes p r year, on March 15, .lone 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 Eees generated from the collection of recovered-materials. b. Franchisee, in further consideration of the franchise, shall make its Financial records available to the City in accordance with procedures established fcom tome to time by the City. The Fees paid pursuant to this Sectron shall not be added as a separate item on the customer s collection bills, but rather shall be considered as an p atronal expense. c. All payments shall be due on the fifteenth (15th) of the month following the month of servrce. Any and all payments not paid by the 15th of the month following the month of serv.vice shall bear interest at the rate of 18% per annum from the first (lst~ of n. a s a, mhe Franchisee may discontinue servrce to a commercral ertabl ishment as set forth in this sectron. Commercial establishments which have not remitted required payments within Fifteen (15) days after the date of billing shall be notified. Said notification shall contain a statement that servrce may be discontinued £i.£teen (15) days from the date o£ notice if payment rs not made before that t.vme. Sn the event the Franchisee intends to discontinue a delinquent aceeu , t shall so notify the City at least fifteen (15) days prior to the last tlay of collection. upon payment of the delinquent fees, the Franchisee shall resume collection on the next regularly scheduled collection day. 18. _p__. On the twc y-fifth (25th( day of the month following the month of servrce hereunder the Franchisee shall provide the City with a report. Said report shall be in a form, either hard copy, computer disk (compatible with the City's computers or otherwise satisfactory to the City. The report shall vnclude such information as the City may reasonably require so as to ensure propez refuse servrce by all commercial establishments within the City and so as to ensure Franchisee's compliance with the terme ana coadieiona ot~tnia report. unless oenerwiae airaocea by the City's Drrectox of Public Works, each report shall contain (1) Customez s Utility Number (Assigned by the City) (2) Customer s Business Name (3) Customez s Business Address (4i Customer s Telephone Numbez (5) Container(s) -Number (s) (6) Container(s) C p ity (]) Compactor(s) (8) Pick-up Schedule fox Containers and Compactors (9) Number of Pick-ups £oz all Containers and Compactors (lo) Franchisee Fee Th1s zeport shall be submitted no latez than the twenty-£if th (25th) of the month following the month o£ serve ~ covering all activities tluring the month o£ service, to the Director of Public 19. molai A11 complaints shall be resolved by Franchisee within twenty-£our (24) hours. The Franchisee shall supply the City with copies of all complaints on a £orm approves by the City and indicate the disposition of each complaint. Such records shall be available £or City inspection at all times during business hours. Tne form shall indicate the day and hour on which the complain[ was receivetl and the say and Hour on which it was zesolved, the name o£ the complainant, the nature of the complaint and the manner o£ resolution. When a complaint is received on the day preceding a holiday oz on n Saturday, it shall be scrvrced on the next working day. 20. ti£ic The Franchisee shall notify all customers about complaint procedures, regulations, and days of collection. 21. Franchisee P nel. a. The Franchisee shnll assign a qualified person or persons to be in charge of his operations in the City and shall give the name or names 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 trmes, carry a valid operator's license for the type of vehicle he is driving. d. The City may request the dismissal or appropriate discipline of any employee of the F anchisee 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 safety training for all personnel and shall certify same to the City annually upon renewal eE this Franchise. Such 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 Fair Labor Standards Act and all other applicable Federal and State Statutes pertaining to Fair Employment practices. 22. nch'see Eg a. A11 trucks moor other vehicles operated by the Franchisee in the City shall be suhject to, and shall immediately submit to spot, on the road inspections by the City or ita agent and i£ found to be unsafe, said vehicle shall be vmmediately removed from service until it can be zepaired and is successfully reinspected. b. The u e of vehicles failing to meet standards after i p bons may be grounds fox cancellation o£ the franchise by the City Commission, if fennd after notice to the Franchisee and an opportunity to he heard, to be flagrant or repeated in nature. ith'n L The right is hereby rese it shall find necessary in the exercise of the police power, provided that such regulations by ordinance or otherwise shall be reasonable and 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 comply shall constitute a default hereunder. This franchise shall not be construed to repeal or revise any existing ordinance and to Lhe extent that any provision of this franchise is inconsis<ent with any existing ordinance, then such existing ordinance shall a Payment Bond executed by a surety licensed and authorized to do business in the state of Florida in the amount of 5100,000.Oo in..uring the faithful payment and performance o£ 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 p rsons or property caused by its neglect or mismanagement, oz 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- trust actions r proceedings. Should the City o£ Longwood be sued therefor, the Franchisee shall be notified of such sort, and thereuPOn it shall be i.ts duty to defend the snit 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 in any such ca , Franchisee shall forthwith pay the same. The Franchisee shall indemnify and save harmless the city, is agents, officers and employees from any judgments recovered' by anyone for personal injury, death or property damage sustained by reason of any of the rrancniaee'a acu~itiea permiccea by tnis francniae or for any actions or p cced'.ngs brought as a result of the award o£ this Franchise to Franchisee, to specifically include but not limited to Anti-crust actions or proceedings, and shall pay all expenses, including costs and attorney's fees, in defending against any such public liability and property damage insurance in the amount o£ $$,OQh,o00 pet accident, event or occurrence, naming the City as an additional insured to the extent of its rights against Franchisee arcs g by virtue o£ 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 procure £rom all gover,anental authorities having jurisdiction over the operations of the Franchisee, including the City all licenses, certificates, permits or other authorization which may be necessary far the conduct o£ its operations. The Franchisee shall pay all excises which may he assessed, levied, exacted or imposed on its property, on its operations, on its gross receipts, and upon this franchise antl the rights and privileges granted herein, and shall make sll applications, reports and returns required in connection Lhexewith. 27. ~k r The Franchise shall carry, with an insurance company authorized to transact busrness rn the State o£ Florida, a policy that £ulf ills all the requirements of the Worker"s C p satron Act oL' said Sta e, rncluding 11 legal requirements Eor oc p Tonal diseases. 28. =:gnm_. No assig~unent of franchise or any right occurring under this ordinance shall be made in whole or n part by the £ranchis ee without the express written consent of the City and a. The Franchisee shall keep records of wastes collected and charges therefor, and the City shall have the right to review those records which i any way pertain to the payments due it as well as the billing of all customers by the Franchisee. If disposal facilities are operated by the City, records of will be responsible for the monthly billing of the customer. b. Pranchrsee shall furnish the City wrth an annual audit, due on November 15 of 'each calendar year, for the service year or portion thereof ending the previous seotember 30th. said audit shall be prepared by an independent certified public accountant c mplete with creditor's opinion which opinion shall be subject to acceptance or rejection by the City. The audit shall reflect the accuracy and completeness of the information provided the City by the Franchisee including detailed data antl computation _oncerning the franchise fee. 30. ankrvotev o I 1£ the Franchisee becomes rnsolvent and in any event if the Franchisee Ei1es a petition of voluntary or rnvolunt ry bankruptcy, then this franchise shall termrnate rn no event later than the date o£ filing of the bankruptcy petition. 31. Oe~t. a. The £ailure on the part of the Franchisee to comply rn any substantial respect with any of the provisions o£ this ordinance shall be gzounds for a Forfeiture of this franchise, but no such forfeiture shall take effect until the City has served upon the Franchisee wrrtten notrce of default, which n tree shall set fozth the nature and extent thereof. IE a default can be corrected, the Franchisee shall have thirty (30) days Following the the reasonableness ox propriety o£ the City's declaration, said protest shall be served upon the City in wrrting within ten (10) days £ol lowing receipt by the Franchisee of the City's notrce. b. I£ the City and the Franchisee cannot agree ns to the reasonableness or propriety of the City's declaration o£ default, then the issue shall be promptly submitted to binding arbitration. Three qualified arbitrators shall constitute a Hoard - of Arbitration, one arbitrator to be selected by the City, one by the Franchisee and one by the arbitrators so selected. The 0oard of Arbitrators shall notify the City and the Franchisee of their determrnatron of the xeas onableness and propriety of the City's declaxat ion of tlefavlt not later than thirty (30) tlays following submrss ron of the rssue to the Roard. Arbrtration shall be p scant to the Florida Arbitration Code, hapter 682, Florida Statutes. c. Th purpose o£ this sectron rs to enable the City and the Franchisee to resolve by arbitration such differences as they may be unable to resolve by mutual agreement. Nothing _ontarned herein shall be construed to limit or restrrct the legal rights and p ers of the City or the Franchisee. 32. Right to R e Performance. The failure of the City at any time to require performance by the Franchisee o£ any provisions hereof shall in no way affect the right of the City thereafter to enforce same. Nor shall waiver by the-City of any breach o£ any agent of the City. 34. Modification. This franchise constrtutes the entire agreement and understanding between Lhe 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 3 Notice. As required far any purpose in this francbise, notrce shall be addressed and sent by certified Onrted States mail 3s. maaies Atto ana oats. Au remedies provided n this franchise shall be deemed cumulative and additional and not vn lieu of or axclus ive of each other or of any other remedy a ailable to the City at law or rn equity. Sn the event the City shall prevail in any action arrsing hereunder, Franchisee shall pay to the City its costs, xe£erable thereto, me lading attorney's fees. 3]. and V nue This franchise agreement shall be governed by the laws o£ the State of Florida. Any and all legal action necessary to enforce the agreement will be held in Seminole County and the Agreement will be interpreted according to the laws o£ elorida. 38. _ din s. The headinga o£ the sections of this franchise are for purposes o£ convenrence only and shall not be deemed to expand or limit the p visvons contavned in such sections. 3s. of er Tne eraneniaea repreaenta ana ,variants unto the City that no o££icer~ employees or g l of the :ity has nny intere , either directly or indirectly, in the ousiness o£ franchisee to be conducted hereunder. 40. Amendment The City reserves the right Lo amend this ordinance in any manner necessary for the health, safety, welfare of the public or to comply with laws, statutes, regulations or interlocal agreements, and the City reserves the right, in the 41. Public Entity Crimes: No Franchisee or Contractor may be a person or affiliate identified on the Department of General Services convicted vendor" list. This list is defined consisting of persons or aEEiliates who axe disqualified£idm found guilty of a public entity crime. The Franchisee i.s required to comply with Florida Statutes Section 28].133, as amended, or its SFCTION TWO: zability: The provisions of this ordinance are declared to be separable and iE any section, senten ~ clause r phrase o£ this ordinance shall for any reason be held to be invalid or unconstitutional, suchdecision shall not affect the validity o£ the remaining sections, sentenc ,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. Thie ordinance shall take eff ecteCOn upon yyfinal adoption and upon acceptance by the Fzeem aeAe~w~: ~ /~ /99~ secoxo aeAOxxc~ ~ ~i.~, ~~Z., gi99.S eassznr +o Ao meo rxxs ~ onz oe (,/CX~-G~ s9s ~~ JN,C`~ ~Gi% will,am e. winaton, nayor erald~:e - bri City Clerk Approved a o £ox~n and legality for use and reliance by the City of Loggwods, 1K.- h 5. aylor, ity Attorney mhe foregoing ordinance antl the franchise provided for therein and all the terms and condit~Rns thereof aFe tlei46y a cepted, approved and agreed to this 11 day of [r 6 C , 1995.