Ordinance 95-1279OR1a6,~1NAL
oaoxNANCE 95-1279 ~ ~ /~~ 'Z'
e of T exovlDxxG
NDN-excL LECTION
F CO CIAL s WASTB, To IMPOSERC AMS,
ONS AND REQDIREMeNTS RE xNG T ETO A PROVIDING
SEVGRAESLITY, CONFLICTS AND AN EPFPCTIVE DATE.
There is hereby granted to Waste lMVweaemt of Orlm~do
exclusive right, privilege or franchise to collect solid waste
materials from commercial establishments within the City o£
Longwood, Seminole County, Florida, during the term and subject tc
municipal corporation.
b. "Pranchis ee^ shall mean the individual, partnership
or corporation who/which agrees, as hereinafter provided to perform
the work or servr , r to £urnish materials or q p nt, or bath
as t forth i.n this franchise.
c. Recovered materials^ means metal, paper, glass,
plastic, textile, or rubber materials that have known recycling
potential, can be feasibly recycl.etl, and have been diverted and
source separatetl or have been r moved from the solid waste stream
for sale, use, or reuse as raw materials, whether or not the
materials require sabsaquent processing or separation from each
ether, bu d s not vnclude materials des tuned for any use that
..onstvtutes disposal. Recovered materials as described above are
not solid waste.
d. Solid waste ma g ent shall mean the pro s by
which solid waste rs collected, transported, toned, separated,
processed, or disposed of rn any other way, according to an
orderly, purposeful, and planned program which includes closure and
long-term maintenance.
e. Solid waste management facility shall mean a solid
waste disposal ar , volume reduction plant, ransfer stati ,
materials recovery facility, or other facility, designated by the
City, the purpose o£ which is resource recovery or the disposal,
recycling, processing, or storage of solid waste. mhe term does
the requirements of FS s. 403."!046(47 e cept the portion of
facilities, if any, that rs used for the management of [axe
managing src.7 solid waste.
f. Solid waste shall mean sludge unregulated under
the federal clean water act or clean avr act, sludge from a waste
treatment works, water supply treatment plant, or arr pollution
control facility, ox rncludes garbage, rubbish, refuse, special
waste, or other discarded material, including solid, liquid,
semisolid, of contained gaseous material resulting from domestic,
i.ntlustrial, commercial, turning, agricultural, or gwer~wental
operations. recovered materials as defined in'eS s.403.]03(]7 .are
not solid wa..te.
9
Internal revenue code, ana excludes property or properties z ned or
used £or single-£amily residential or multifamily residential uses.
h. Construction and demolition debris" means materials
generally considered to be not water soluble and nonhazardous in
natuze, vncluding, but not limited , steel glass, brick,
concrete, asphalt roofing material, pipe, gypsum wa116oard, and
lumber, from the. construction or destruction of a structure as part
of a construction of demolition project, and vncluding rocks,
project site. Mvxing of construction and demolition debris with
other types of solid was e, including material £rom a construction
of demolition site which is not from the actual construction or
than construction and demolition debris.
i. "COntainei" shall mean any portable, nonabsorbent
enclosed container with a close fitting cov , r door , approvetl
by the Health Department and the City, which is used to store large
volumes o£ refuse. xt must be capable of being serviced by
mechanical equipment.
~. "spacidl waate means aolia wastes tnat can ¢ re
special handling and management, including, but not limited t ,
white goods, waste tyre , used oil, lead-acid batteries,
construction and demolition debris, ash residue, yard t ash, and
biological wastes.
k. Biomedical waste" means any solid waste or liquid
waste which may pies ent a threat o£ infection to humans. The term
includ , but ie not limited to, nonliquid human tissue and body
causing agents; discarded disposable sharps, human blood, and human
blood products and body fluids; and other materials which in the
p ion o£ the department o£ Health and Rehabilitative Services
represent a significant risk of infection to persons outside the
generating facility. The term does not include human remains that
are disposed of by persons licensed under chapter 470.
1. Biomedical wa e generator" means a facility or
person that P=oduces of generates biomedical w The term
inc iudes, but is not limited t , hospitals, skilled nursing or
convalescent hospitals, intermediate care facilities, clinic u,
dialysis clinics, dental offices, health maintennnce organizations,
surgical clinics, medical buildings, physicians' offices,
laboratories, veterinary clinics, and funeral homes.
m. Biological waste means solid waste that causes of
Ens the capability oY causing disease or infection and includes,
but is not limited t , biomedical waste, diseased ox dead animals,
and other wnstes capable of transmitting pathogens to humans or
anrmals. The term does not rnclude ivuman remarns that are disposed
o£ by persons licensed under chapter 4"10.
n. Materials recovery facility" means a solid waste
management Facility that provides for the ex[ractron from solitl
waste o£ recyclable materials materials suitable far use a.. a £uel
of soil amendme ~ r any combination of such materials.
o. Recovered materials processing tacility" means a
defined rn the department rule on solid waste combustors which
defines such term.
q. "Pelletized p p waste mean pellets produced
exclusively from discarded paper which is derived from a solid
waste management facility or a recovered materials processing
compact pellets of varrous srzes for the use as a supplemental fuel
rn permitted boilers other than waste-to-energy facilities. The
use of such pellets as a supplemental £uel in permitted boilers
other than waste-to-energy facilities may be used by local
governments as credits toward the goals £or reduction of solid
separated from solid waste where the recovered materials and solid
waste are generated. The term does not require that various types
o£ recovered materials be separated from each other and recognizes
de mvnvmvs solid was , n accordance with industry standards and
practices, may be included in the recovered materials.
2-. _
a. Tne term of this franchise shall termvnate on
30, 199fi following the effective tlate hereof provided,
however, the City reserves the right to termvnate the same prix=
thereto if the Franchisee defaults vn y ne of the terms and
conditions herein specified.
b. On October 1 1996, this Franchise shall be
automatically extended for an additional to r expiring
the following 5 tember 30, 199] provided the Franchisee sna11 make
application for said extension at Least 30 days prior to its
texsinat ion. No further extensions shall. be granted without City
Commission approval.
3. vided by Franchisee'
a. Franchisee(s) shall provide commercial Solid waste
Collection Servrces in the City of Longwood, which sna11 be an
exclusive right to the Fxanenisee(sj. Tne Contractor shall be
responsible for billing and collection of Commercial Solid Waste
Collection aervvices and disposal costs.
Q. ntnor':ea s rvrre
a. No other person or entity except the Franchisee(s)
may offer or provide Commercial Solid Waste Collection Service vn
the City of Longwood. No commercial establishment within the City
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 damages.
c. Minvmum Servrce. The Franchisee shall make at least
two (2~ weekly collections at all commercial estab lislunents subject
to the terms of this ordinance and at sufficient adtlitional
n:tervals necessary to perform adequate services and to protect the
envrronment~ unless otherwise approved in advnnce by the City,
provided however, where the refuse is exclusively non-putrescible
in nature, nee weekly collections are permitted.
5. a fee o£ fifty dollars
($50. 00~ shall he charged for each franchise application to cover
associated administrative costs.
6. Collections shall be made between ]:DO a.m. and
7:00 p.m. unless different times are approved by the C y
]. 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
conta.vner. Franchisee shall collect all material that has been
placed in or about its- containers unless otherwise directed by the
City.
8. and L anon of A ved Containers. Containers used
for collection of solid waste from cosmerc ial establishments shall
be standard manuf nctured-type mechanically served containers,
compatible with the private com:nerc ial collector's sexvxc ing
equipment. Containers shall be placed at locations readily
accessible to franchisee p sonnet. Contaznera shall be lOCated
p p vat p p rty unless the use o£ puDl'c prop y approved
y the Citye Violations of this section shall constitute a breach
and default of this ag ement. The typ of container used, o Che
location thereof, may vary from the provisions of this vecLron if
pp ved in writ g by the City of Longwood, Florida.
9. d 1
a. Recovered materials generated at commercial
establishments muvt be source p ated at the p mis es o£ the
commercial tablishme nt p or to collection y a p perly
cer[if ied recovered materials dealer.
10. ia1s. Collection o£ special and hazardous
materials shall be in strict compliance with all federal, sta
and local laws and regulations. Said materials shall be stored and
placed in a manner approved by the appropriate regulatory
agency,i.e. FDER, U.E. EPA, etc., and the City of Longwood.
11. Collection E
a. The Franchisee shall provide an adequate number of
vehicles £ox regular collection services. They shall be kept in
good repair, appearance, and in a sanitary condition at all times.
Cach vehicle shall have clearly visible the name and phone number
of the Franchisee and vehicle number not less than twelve inches
shall certify to the City upon the commencement of each franchise
year the description and quantity of vehicles and equipment on hand
and available for r g ar collection servzces and backup in the
event of any breakdowns.
c. Each tlumpstex shall be systematically marked, in a
manner approved by the City to identify its capacity in yardage,
scheduled date of pickup and its "dumpster number" r.e., 6, MW ,
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 to provide such other information as the
City may require promptly upon receipt of a notice from Che City
requiring a change of container mazkings.
12. 0££ice. The Franchisee shall establish and maintain a
one (1~ reaponsible person in charge during collection hoursand
hours.
13. Hain. A11 solid waste hauled by the Franchis ee_shall
be so contained, or enclosed that leaking, spilling or blowing nre
prevented. In the event of any spillage, leaking or blowing of
materials from truck, the Franchisee shall immediately clean up the
waste.
14. Disposal. A11 solid waste fox disposal shall be hauled
to FDFR approved sites or facilities legally approved to accept it
foi treatment or disposal and designated as an approved site by the
15. Charges and Rates. All charges and rates £or the
commercial collection of garbage shall be set by the Franchisee in
negotiation with the commercial establishment requiring the
servace. Rates and charges shall not be set by the City.
commercial establishments within the City, s g a 4ranchise
from the City and for the use of the City streets, the franchised
collector shall pay to the City, a sus equal to ten percent (1087
of the g ss revenue Erom all sources related to the £xanchisee's
equipment, and funds paid outside the city for hauling materials
from the City. Payment to the City shall be made four (4) t~.mes
per year, on March 15, June 15, September 15, and December 15, for
three (3( full months immediately preceding payment, except the
which case payment shall be prorated. Such fees shall not inc lade
fees generated from the collection of recovered-materialh.
b. Franchisee, rn further consideration o£ the franchise,
shall make ris financial records available to the City rn
accordance with procedures established Eros time to trme by the
City. The £ees paid pursuant to this Sectron shall not be added as
a separate rtem on the customer s collection biLl.s, but rather
anau be eonaiaerea as an p atronal expenae.
c. All payments shall be tlue on the fifteenth (15th( of the
month following the month of servrce. Any and all payments not
paid by the 15th o£ the month following the month of se a shall
beat interest at the rate of 18% per annum from the first (1st( of
the month following the month oP servrce.
lt. ontinued S x z r Oelincuent A
a. The Franchisee may discontinue servrce to a
commercral establishment as se[ forth rn thrs sectron. Commercrnl
e.,tablivhments which have not remrtted regaired payments withir.
fifteen (15) days after the date of billing shall be notified.
discontinued fifteen (15) days from the date of notice i£ pa
to discontinue a delinquent account, it shall so notify the City at
least fifteen (15) days prior to the last day of collection. Upon
payment of the delinquent fees, the Franchisee shall resume
collection on the next regularly scheduled collection day.
following the month of servrce hereunder the Franchisee shall
provide the City with a report. Said zeport shall be in a form,
either hard copy, computer disk (compatible with the City'v
computers( or otherwise satisfactory to the City. The report shall
znc lode such information as the City may reasonably require so as
within the City and so as to ensure Franchis ee~s compliance with
the Berms ana onnditions of -tnia report. onleaa otnerwiae aireotea
by the City•s Director of Public Works, each report shall contain
as a (1) Customer s Otility Number (Assigned by the City
(2) Customer s Business Name
(3) Customer's Business Address
(4) customer s Telephone N~vnbex
(5) Contain r(s) Number (s~
(6) Container(s) C p ity
(]) Compactor(s)
(0~ Pick-up Bchedule for Containers and Compactors
(9( Number of Pick- ps fax all Contarners and Compactors
lhrs report shall be submitted no later than the twenty-Fifth
(25th) o£ the month following the month o£ service, covering all
acirvities during the month o£ service, to the Director of Public
works.
19. molai All c mplaints shall be resolved by
franchisee within Cwenty-Four (24) hours. The Franchisee shall
supply the city with copies oP 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. 'Phe form shall indicate the day antl hour on which
the complaint was received and the day and hour on which it was
resolved, the name of the c mplainant, the nature of the complaint
ana the manner o£ renowtion. when a complaint is reeei~ea on the
iay preceding a holiday or on a Saturday, it shall be servrced on
2D. tific 'che Franchisee shall notify all customers
about complaint procedures, regulations, and days of collection.
zl. nen'aea P nel.
a. The Franchisee shall assign a 9ualif ied person or
persons to be rn charge of his operations in the City and shall
give the name or names to the City; information regarding
b. Franchisee's collection employees shall wear a clean
uniform bearing the company's name.
c. each employee she , t all trmes, carry a valid
operator's license for the type of vehicle he is driving.
tliscipline of any employee of the E anchisee who violates any
provrsron hereof or who is want negligen r discourteous r
the performance of his duties.
e. The Franchisee shall provide operating and safety
training for all personnel and shall certify same to the City
amually upon revewal of this Franchise. Euch certification shall
identify all employees employed in Longwood, their job description
and the nature and type of trarning 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 Farr
Employment practices.
zz. ncn'aee a
a. all trnchsmeor never weniclea eperatea by the
Franchisee in the City shall be subject to, and shall isunediately
submit to spot, on the road inspections by the City or agent
and if found to be unsafe, saitl vehicle shall he immediately
removed from service until it can be repaired and is suceessfsslly
inspections may b g ands for cancellation of the franchise by the
City Commission, i£ found after notice to tha Franchisee and an
opportunity to be heard, to be flagrant ox repeated in nature.
23. C 1' i h' The right is hereby reserved fox
the Cry o adopt, in addition to the provisions herein container
and existing applicable ordinances, such additional regulations a..
vt shall find necessary in the exercise o£ the police power,
provided that such regulations by ordinance or otherwise shall bE
ordinance. 'Phis shall include requiring the Franchisee to dispose
and deliver solid waste to a designated facility. The pranchisee
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 its failure to
comply shall constitute a default hereunder. mhis Franchise shall
not be construed to repeal or revise any existing ordinance and to
LMe extent that any provision of this franchise is incons rstent
with any existing ordinance, then such existing ordinance shall
business rn the State of Florida 1n the amount of $100,000.00
insuring the faithful payment antl performance of the terms of this
ordinance and executed y surety c p y Said P ym nt Hood 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. Liability. 1'he privileges herein granted are upon the
p ss conditions that the Franchisee shall be liable for all
damages or injury to persons or property caused by its neglect or
mismanagement, or by the actions o£ any of its employees while
engaged in the operations herein authorized, or fox any actions or
proceedings brought as a result of the sward of this franchise to
Franchis , o specifically include but not be limited Lo Anty-
trust actions or proceedings. Should the City o£ Longwood be sued
therefor, the Franchisee shall be notified o£ such sort, 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 jutlgment go against the City in any such ca ,
Franchisee shall forthwith pay the same. The Franchisee shall
indemnify and save harmless the city, its agen o{f icers and
injury, death or property tlamage sustained by reason of any o£ the
['ranchisee s,actrvrtre permvtted by hrs franchise or foz any
actrons o p ceed gs brought as a result of the award of this
£ranchise to Franchisee, to specifically include but not limited to
Antr-trust actrons or proceedings, and shall pay all expenses,
me lading casts and attorneys fees, in defending ag nst any such
claim made against the city ox any o£ the city's agents, officers
55, OOO,o00 per accident, event or occurrence, naming the City as an
additional insured to the extent of its rights against Franchisee,
arrsing by vutue of this section. The rnsurance policy will
Quids that the C y shall be given thirty (3oj days written
notrce prior to cancellation or modification. A copy of said
policy of insuranve shall be filed with the City Clerk on or before
the effective date:of this franchise.
26. The Franchisee shall, at its sole expense,
procure from all governmental authorities having jurisdiction over
the operations of the Franchisee, including the City, all licenses,
certificates, permits or other authorization which may be necessary
for the conduct of its operations. The Franchisee shall pay all
tax , licenses, certification, permit and examrnation fees and
exc rses which may be assessed, levied, exacted or imposed on its
property, on its operations, on its gross receipts, and upon this
£ranchise and the rights and privileges grantetl herein, and shall
make all applications, reports and returns required in connection
therewith.
21. orker's Como The Franchise shall carry, with
an insurance company authorized eo Crans act business in the State
of Florida, a policy that fulfills all the requirements o£ the
~iorker's Compensation Act of said State, including all legal
requirements Eor occupational diseases.
28. As e No assig~ent of franchise of any right
occurring under this ordinance shall be mado in whole or n part by
the Franchisee without the express written consent of the City and
the customer, in the event of any assigeunent, the assignee and the
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.
IE disposal facilities are operated by the City, records of
incoming wastes shall be maintained by the City. The franchisee
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 indepentlent certified public
accountant complete 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 and computation
the franchise fee.
Bankruotcv or...Fnsolv_e_nc
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 n rice shall set
forth the nature antl extent thereof. If a default can be
corrected, the Franchisee shall have thirty (30) days following the
the reasonableness or propriety of 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 eranchisee cannot agree as to
the reasonableness or propriety of the City's declaration o£
default, then the issue shall be promptly submitted to binding
arbitration. mhree gvalif red arbitrators shall constitute a uoard
of Arbitration, one arbitrator to be selected by the City, one by
the Franchisee and one by the arbitrators so selected. mhe Board
of Arbitrators shall notify the City and the Franchisee of their
determination of the reasonableness and propriety of the City's
declaration of default not later than thirty (30) days following
submission of the assue to the Board. Arbitration shall ba
pursuant to the Florida Arbitration Code, Chapter 682, Florida
Statutes.
c. Th purpose of this sectaon 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
rights and powers of the Ci[y or the Franchisee.
32. Right Yo Require Performance. The failure of the City at
any tame to require performance by the Franchisee of 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 of any
provisions hereof be taken or held to be a weaver of any succeeding
breach of svcM provision or as a waiver of any provision itself.
33. Indeoendent C actor. I is hereby understood and
agreed that the Franchisee is an independent contractor and not an
agent o£ the City.
34. Mo~d'b'_ation. 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 writing and signed by the part: ien hereto, and
adopted as an amending franchise ordinance.
notice shall be addressed and sent by certified Unrted States mail
to the City and the kYanchisee as follows:
LIxY. Geraldine D. zambrr, City Clerk
1]5 W. Warren Avenue
Longwood, F1. 32]50
36. medies. Attorney's and C All remedies
provided n this franchise shall be deemed- cumulative and
additional and not vn lieu of or exclusive of each other or o£ any
other remedy a ailable to the City at law or rn equity. In the
event the City shall prevail rn any action arising hereunder,
Franchisee shall pay to the City its costs, referable thereto,
inc lading attorney's fees.
3]. and V This franchise agreement shall
be governed by the laws of the State of f'loiida. 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£ Florida.
38. _ des. The headings of the sections of this franchise
are for purposes of convenience only and shall not be deemed to
expand or limit the provisions contained in such sections.
39. Warranty o£ Fr nchisee. The Franchisee represents and
warrants unto the City that no officer, employee, or agent of the
ortlinance in any manner necessary fox the health, safety, welfare
o£ the public or to comply with laws, statutes, regulations or
xnterlocal agreements, and the City reserves the right, xn the
public interevt from trme to time, to prescribe reasonable rules
and regulationv governing Franchisee's operations hereunder.
41. Public E o Franchisee or Contractor may be
a person or aE £iliate identified on the Department of General
public contracting '.and purchasing process because they have been
TWO: Separability: The provisions o£ this ordinance
are declared to be separable and if any sectr , eaten e, clause
or phrase of this ordinance shall for any reason be held to be
invalid or unconstrtutronal, such -decision shall not affect the
of this ordinance but they shall r morn rn effect, it being the
legislative inie that this ortlinance shall stand notwithstanding
the rnvaliaity o£ any part.
Effective Da This oitlinance shall take
effect on p ~Efinal adoption and upon ac p nee y the
FTRST READING: ~ ~~ ~/~yc~
secoMD READxRC ~~~L ~ i 99~
EHEHED AND ADOETBD 2t~iSa~ DAY ~ ~ ~ L995
~~ ~~
William C. Winston, Mayor
AT
Geraldine D. y~, bit City Clerk
Approved a o£onn and legality for use and reliance by the City
of Longero Sl//-~F//~~""
~ AcceFxASCS TOrney
BY FRARCSTSBS
The fozegorng ordin nchise provided for they and
all the terms and conditi~nstthereof a h by accepted, approved
and agreed to this // day of (.'G~~Pr , 1995.
FaAxcHxst=c: / ~i
Hy: //G~c/
Signature of owner or Authorized Agent