Ordinance 95-1280ORG NAL
oaOiNAN N 95-1280 '�ti ry°.r,
A NON-C% TO
D �PosAl1N Ingo£ orlando
A SOLID W
ONDITIONSC AN AN—CICENTS — IPAOviDING
_____ There is hereby granted to D�cm � c cf
(herein called the "Franchisee"), its successors and assigns, anon
exclusive right, privilege or franchise. to collecT. solid waste
materzals £rom commercial establishments within the City of
Longwood, Semrnole County, Florida, during the term and subject to
the following limitations and conditions as hereinafterset. forth.
1. DeLin'tions.
a. City, shall mean the City of Longwood, Florida,
munr pal corporation.
b. Franchisee" shall mean [he individual, p tners hip
ox corporation who/which agrees, as hereinafter pzovidetl to perform
the work or servrce, or to furnish materials oc equipment, or both
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 recycled, and have been diverted and
source separated or have been removed from the solid waste stream
for sale, us , or reuse as raw matez ials, whether or not the
materials require subsequent processing or separation from each
cther, at does not include materials destined for a y se that
_onsiltutes disposal. Recovered materials as described above are
not solid waste.
d. Solid waste management shall mean the pro ss by
which solid wa..te is collected, transported, stored, sepaEated,
processed, or disposed of in any other way, according o an
orderly, purposeful, and planned program which includes closure and
Long-term ma.vnte
e. solid waste management facility" shall mean a solid
waste disposal area, volume reduction plant, transfer station,
materials reco y facility, or other facility, designated by -the
City, the purpose of which is resource recovery or the disposal,
the requirements of FS s. 403.7046(4( except the portion of
facilities, if any, that is used for the mauagemeut o£ [axe
ma i.g rc.] solid wa..tc.
the federal clean water act or clean air a , sludge from a waste
treatment works, water supply treatment plant, or it pollution
control facility, or includes garbage, rubbish, refuse, special
waste, or other discarded material, including solid, liquid,
semisolid, of contained gaseous material resulting from domestic,
industrial, co,mnereial, min g, agricultural, or governmental
operations. Recovered materials as defined in FS s.4o3.703(7).are
not solid wa.,te.
g. Commercial establistwent" means property or
properties zoned or used for commercial or industrial uses, or used
by an —Ity ....pt I— taxation under s. 501(c)(3) of the
Internal Revenue C.d., nd excludes property or properties zoned or
used £ors ng1 -family residential or multifamily residential uses.
h. Construction and demolition debris" means materials
generally considered to be not water soluble and nonhazardous in
natu , including, but not limited t., steel glass, brick,
concrete, sphalt roofing material, pipe, gypsum wallboard, and
lumber, from the construction or destruction of a structure as part
of a construction of demolition project, and including rocks,
soils, tree romains, trees, and other vegetative matter which
normally results from land clearing or land development operations
£or a construction project including such debris from construction
of structures at a sure remote from the construction or demolition
project site. Mixing of construction and demolition debris with
other types of solid waste, including material from a construevon
of demolition site which is not from the actual construction or
destruction of a structure, will cause it to be classified — other
than construction and demolition debris.
i. "Container" shall mean any portable, nonabsorbent
enclosed container with a close fitting cover, or doors, approved
by the Health Department and the City, which is used to store large
volumes of refuse. It must be capable of being serviced by
mechanical equipment.
j.. 'P.—I '—d" —.. —id wastes that can —.1—
special handling and management, including, but not limited t-,
white goods, —t. ti—, used oil, lead -acid b-t—,
construction and demolition d.b,!., ash —did—, yard --h, and
causing .t.; discarded disposable h.— blood, and human
blood products and body fluids; and other --i— which i. the
opinion of the department of Health and Rehabilitative Services
represent . significant risk of infection to p-- .—ide the
includes, but is not limited t, hospitals, skilled nursing or
convalescent hospitals, intermediate care facilities,
tlialysis clinics, d—.1 offices, health —i--...
surgical "U.i —di— b,ildi.g., physicians' offices,
--i—y clinics, and —d—1 homes.
has — capability of causing di..I.. or infection and includes,
but is not limited t., biomedical —t., diseased ., dead —i—,
,.d other -- —P.bl. of transmitting pathogens to h—.. or
Th. I— d .., 1-1d. h.— —i— that — disposed
.f by ..— 11--d —d— —p— 470.
recovery facility" ..... . solid —d
management facility Chat provides for the --ti— from —lid
—t. f recyclable ---, materials suitable for ... as a —I
of soil --t, or ..y combination of such --ibl-
q. "Pelletized P.P— --' mean pellets produced
from discarded p which is derived from a —lid
waste —— facility .. . ....vexed --i— processing
facility and which 1. .--d, ---, — —.1—d into
in permitted boilers other than waste -to -energy facilities. The
use of such p.11— as , —pbl...—I fuel in permitted boilers
other th— --t-11—gy facilities may be used by 1-1
governments as —dits toward the g,,Is for reduction of —id
—,d f— ..lid -- -- the recovered bbt—ibl, and solid
waste axe generated.. .The term does not require that varrou. types
o£ recovered materials be separated from each other and re g ses
de mrnrmis solid waste, in accordance with industry standards and
practice., may be included in the recovered materials.
a. The term o£ this franchise shall terminate on
tember 30, 1996 following the effective date hereof provided,
however the City reserves the right to terminate the same prior
thereto if the Franchisee defaults in any one of the terms and
conditions herein specified.
b. Cn tober 1, 1996, this Franchise shall be
automatically extended for an additional to of o expiring
the following S ptember 3 199] provided the Franchisee shall make
application for said extension at Seast 3o days prior to its
termination. No further extensions shall be granted without City
Commission approval.
3, r is P vided by F i
a. Franchisees) shall provide Commercial Solid Waste
Collection Services in the City of Longwood, which shall be an
exclusive right to the Franchisee)s). The Contractor shall be
responsible i'or billing and collection of Commercial Solid waste
Collection services and disposal costs.
4. uthorized Service
a. No other person or entity except the Franchisee(.)
may offer or provide Commercial Solid Waste Collection Service in
the City of Longwood. No commercial establishment within the City
-11 utilize the —li— of . —1—t— not holding a --hi..
— the City. violations of this section .—I be --d by the
City by 11 action ..kl.g i.j.b.true —lief and damages.
— Mini... Service: The F—bbi... —11 ..k. at lb -
two (2) weekly collections at all establishments —j—
to — t—, of this ordinance and at sufficient additional
i—l—lb --ty t. P—f— —t. —i— and t. protect the
providetl however, where [he refuse is exclusively non-putrescible
in natur , once weekly collections are permitted.
($50.00) —11 b. charged for each franchise ppli—ti— t. cover
associated administrative costs.
,-- of making collections and —11 promptly pick up all
papers, material or debris that may be scattered —.t the
container. Franchisee .—I --t all material that has been
placed i. or about its container., ..1— -b—i.e directed by the
City.
— collection of —lid -- f... commercial establishments —11
be --d manufactured -type mechanically --d
compatible with the private commercial servicing
Containers —11 be placed at locations readily
--Ibl. t. franchisee P— sonnet. b s1a 1 be I.—d
,p ptj proper —b.. the ..e of phlblic prop i. approved
by the City. Violations of this section shall constitute . breach
and default of this bg—.— The type of b--., used, or the
location thereof, may b from the provisions of this —bti.. it
—bd i. --g by the City of L—, Florida.
a. d —h—lb 9-1.thd a commercial
establishments must be -- separated at the P-- of Lhe
commercial tabLishment prior t. collection by a properly
certified recovered --i— dealer.
10. artlous Materials. Collection bf i.1 and hazardous
--- —11 b. it —i- 1i.... with — fbd.t.1, stat,
and —.1 1— and —g—tlb— Said materials —11 b. ttbtbd and
placed in . ..— .—d by the appropriate
.g ... y,i... FDBR, U.S. ETA, ht.., and the City of —,h.—
a. Th. --hi— —11 provide
vehicles fox regular collection services. They —11 be kbpt in
d —,it, appearance, and in a sanitary condition at all times.
Each —,i— —11 have -1—y visible the — and ph... C,bblb—
bf the F—.hi... artd vehicle ..—I not — than -- jh.
(12") in height on the real and each side. b. Franchisee
shall --I—Y to the City 1— the commencement of each franchise
year the description and quantity of —i— and equipment .. 11—d
and available for idg—, collection —i— and backup in the
d— of any b—td—.-
- Each d..d.t., —11 be systematically marked, in a
manner approved by the City I. identify it. ..pdtity i. yardage,
scheduled d— of pickup and its '—p—t btAJ,11" x-, 6, —,
452 would be . six (6) d d—, to be picked up Monday,
Wednesday and d, and it would be d— .— 452. —d
—i —11 be .—d t. provide such other information as the
City may require promptly .p— receipt of a notice from the City
requiring a change of —.i— markings.
12. Office. The Fll.thi— d-1 establish and maintain a
local office or suc¢ other facilities through which it ... be
contacted, where --i— ., be applied for, and —pl—I. can be
matle. It —11 be equipped with sufficient telephones, —11 h—
one (1) responsible person i. —, during collection b— —d
112.1i,bl. All solid I.— h-1,,i by the Ft —hi- —11
prevented. In the —t of any spillage, 1—ki., ., blowing of
materials from truck, the Ft —hi— —11 immediately c1— up the
14. Dip C. All —id -- — disposal —11 be h..Itd
I. — approved sites or facilities legally approved to accept it
for ti—d—t ., disposal and designated as —approved site by the
ls. Ch r a All charges and rates for the
commercial collection of garbage sha11 be set by the Franchisee in
negotiation with the commercial establishment regniring the
service. Rates and charges shall not be set by the City.
16. d P
a. lox the privilege of collecting solid waste from
commercial establishments within the City, s c ing a franchise
from the City and for the use of the City stree t., the franchised
collector shall pay to the City, a sum equal to ten percent (10t)
operations rn the City, including fees, charges, rental of
equipment, and funds paid outside the City fax hauling materials
three (3) £all months immediately preceding payment, except the
first payment if the first period'is less than three months, in
which case payment shall be prorated. such fees sha11 not include
fees generated from the collection of recovered -materials.
b. Franchisee, in further consideration o£ the franchise,
sha11 make its financial records available to the City rn
accordance with procedures established from time to time by the
a separate item on the customer 1s collection bills, but rather
shall be cons ideced as an operational expense.
C. A11 payments shall be due on the fifteenth (15thi of th
month fallowing the month of service. A, and all payments no
paid by the 15th of the month following the month of service shal
bear interest at the rate of — per annum from the first (1st) o
the month fallowing the month of service.
17. uea service o Delinquent n
a. The Franchisee may discontinue service to
eemma�e�al astabushmant as eat forth >n thi5 Comm i.
establishments which have not ramvttad required payments withi
fifteen (15( days after the date of billing sha11 be notified
to discontinue a delinquent account, it sha11 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 service hereunder the Franchisee shall
provide the City with a report. Said report shall be in a form,
either hard py, computer disk (compatible with the City,
computers) or otherwise satisfactory to the City. The iepoit shall
include such information as the City may reasonably -quit. so as
within the City and so as to ensure Franchisee's compliance with
.rms and conditions o£-this report
. city,. orreeter o£ Pnblre work
(1) Customer, utility Number
(2) Customer's Business Name
(3) Customer s Business Address
(4) Customer'. Telephone Number
This report shall be submitted no late, than the twenty-fifth
(25th) of the month Following the month of se it covering all
actrvrtvea during the month of service, to the Di--- of Public
Works.
19. molaints. All complaints shall be resolved by
Franchisee within twenty -£our (24) hours. The Franchisee shall
supply the City with copies of all complaints on a Form approved by
the City and indicate the disposition o£ each complaint. Such
reco,da shall be available fox City inspection at all tlmes during
business hours. The form sha11 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 o£ resolution. When a complaint is received on the
day preceding . holiday or on a ght—d it —11 b. serviced on
the .— —hi, day.
20. tiE is mhe Franchisee —11 notify all customers
about complaint procedures, regulations, and d of
21. F ... -i .. P net.
- Th. --hih— —11 assign . qualified p.or
-
p—.... to b. i. --ge of his op.—ti... i. the City and —11
give the .. or — t. the City; information regarding
.,p—i— —11 also It. furnished.
b. ---t —1.
—if— Jh—i.g the —yl. .
d- Th. City may request the dismissal or appropriate
discipline .1 any 1 of th. --hi... who violates ..y
pth,i,i— hereof or who is --, negligent, or discourteous i
the p—f.t.— of hit duties.
- The Franchisee —11 provide operating and safety
training for all personnel and s1-11 certify — t. the City
annually hp— renewal of this Franchise. Such certification —11
identify all employees employed i. L—, —it job description
.d the hht— and type of training given said 1.
f. Tht --hih— —11 —ply with the equal
Employment opportunity Program, the -it Labor Standards — and
all other applicable -d— and State -Statutes pertaining t. Farr
Employment —tices.
22. —thi... E-i—t.
.. All tt.— ., other vehicles —.d by the
--ti— in the City —11 b. .1bi—t t., and shall immediately
submit t, spot, on the road inspections by the City or its .9—t
and if found t. be unsafe, ..id —hi— —11 be immediately
--d A— i.b jI it can It. repaired ..d i. ...--lly
b. The use of —bi,,I.. —ling to meet standards after
—y b. grounds for cancellation of the —b.hi— by the
City —i—i.b, if found after notice to the Franchisee and an
opportunity t, be heard, t. b. flagrant or repeated i. nature.
ii..ithi. -- The ,ight, i. hereby --d f—
it —11 find -- it the --- of the police V-1,
provided that such regulations by —di..bt. or otherwise sha11 b.
reasonable ..d not i. conflict with the intended purpose of this
This shall i-- —q,,i,,i,,g the Ft —hi— to dispose
and deliver —lid ..t. to . designated facility. The Franchisee
shall —d— operations C.d— this —di.— it compliance with
all applicable I— and intexlocal agreements between the City and
S.—.1. County for —id —t. ——t and it, fail— t.
comply sha11 --titbt. a --it hereunder. This --hi— sha11
not be construed t. I.P— or —i— any eztsting .1dit-- and t,,
the ..t.bt that any p—i.i.n of this --hi,, is ibt—i.t—
with ..y existing .—h—, then such existing —di-- —11
prevail and control.
24. p �t B.— Th. --hi— 1-1 --h t. the City
Payment B— executed by . --y licensed and authorized to do
bb.ih— i. the St— of Florida i. the ..— of $100,000.00
.insuring the faithful t and f.—.. of the t of this
—di.b— and b--d by a .—ty company. Said Payment Bond is
in an amount deemed by the City and the Franchisee t. be reasonable
and necessary -to enable the City t. ...— all f--.. fees —
and payable hereunder and paid .. an when d-
25. LlabiUty. The privileges herein granted — upon the
mismanagement, or by the actions of any of its ..pl.y... while
engaged in the operatic.. herein authorized, or — ..y actions or
-—.ding. brought as a —It of the —d of this --hi— t.
trust actions — proceedings. Should the City of -d be —d
therefor, the --hi—b —11 be notified f such suit, and
thereupon it —11 be its duty t. --d the suit or at the Cityls
option to the legal f— of the City's attorney to defend th,
—it and should judgment g. i— the City i. any such —,
--hi— shall Forthwith pay the same. Th. r--hi— —11
indemnify and -- harmless the City, its agents, officers and
—pl.. from ..y judgments ---d by anyone for personal
injury, death or property —, sustained by reason of ..y of the
. ranchisee's activitie p tted by this franchise or for any
action., or proceeding brought as a result of the award o£ this
Franchise to r--isee, t specifically include but not limited to
Anti-trust actions or proceedings, and sha11 pay all expenses,
including cost.. and attorneys fees, in defending against any such
claim made against the City ox any of the City's agents, officers
or employees. Franchisee further agree t p chase ... prehensive
public liability and property damage insurance in the amount of
$5,000,000 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 prier to cancellation or modification. n copy of said
26. n The Franchisee shall, at its sole expense,
p cure from all g ernmental 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
taxes, licenses, certification, permit and examination 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 artd returns required in connection
therewith.
22. woxk_:s_Com ensat ion The Franchise shall carry, with
an insurance company autnorie ed to transact business in the State
o£ Florida, a policy that fulfills all the requirements of the
Worker's Compensation Act of said St. , including all legal
requirements for occupational diseases.
28. __si9nment. No assignment of franchise or any right
occurring under this ordinance shall be made in whole or in part by
the Franchisee without the express written consent of the City and
a. The Franchisee sha11 keep records o£ 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
incoming wastes shall be maintained by the City. The Franchisee
will be responsible for the monthly billing of the customer.
audit, due on November 15 of each calendar year, fox the Service
year or portion thereof ending the previous September 30th. Said
audit shall be prepared by an independent 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
_oncerning the franchise fee.
30. B.nkb the Franchisee becomes
insolvent and in any event if the Franchisee files a petitien of
voluntary or involuntary bankruptcy, then this franchise sha11
terminate in no event later khan the date of filing of the
no such forfeiture shall take effect until the City has served upon
the Franchisee written notice of default, which notice sha11 set
forth the nature and extent there.£. If a default can be
corrected, the Franchisee aha11 hay. thirty (30) days following the
notice of default to correct the same. If the Franchisee protests
the reasonableness or propriety o£ the City'. declaration, aid
protest sha11 be served upon the City in writing within ten (10)
days following receipt by the Franchisee of the City, notice.
b. If the City and the Franchisee cannot agree as to
the reasonableness or propriety of the City'. declaration of
default, then the issue shall be promptly submitted to binding
arbitration. Three qualified arbitrators shall constitute a ➢oard
of—itratio one arbitrator to be selected by the City, one by
the Franchisee and one by the arbitrators so selected. The ➢oard
o£ Arbitrators shall 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 arbitration such differences as
they may be unable to resolve by mu ual agreement. Nothing
contained herein shall be construed to limit or restrict the legal
rights and powers of the City or the Franchisee.
any time to regur a performance by the Franchisee of any provisions
hereof sha11 in no way affect the right of the City thereafter to
enforce same. Nor shall waiver by the City of any breach o£ any
provisions hereof be taken or held to be a waiver of any succeeding
breach of such p vision or as a waiver of any provision itself.
33. Indeoendent C It rs hereby understood and
agreed that the Franchisee is an independent contractor and not an
agent o£ the City.
34. Modification. This franchise constitutes the entire
agreement and understanding between the partiee hereto, and it
shall not be considered modified, altered, changed or amended in
any respect unless in writing and signed by the parties hereto, and
notice shall be addressed and sent by certified United States mail
t FANCSIsce. -All — of AllaeNo
e. 0. a 607905
Orlando. FL —60
MI) --8000
36. ..dies Attor e and All remedies
provided 1. this franchise sha11 be deemed- cumulative and
additional and not in lieu of or exclusive of each other or of any
other remedy a ailable to the City at law or rn equity. In the
event the City sha11 prevail in any action arising hereunder,
Franchisee shall pay to the City its costs, referable thereto,
including attorneys fees.
3]. 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 Seminole
County and the Agreement will be interpreted according to the laws
of Florida.
38. ffeadin The headings of the sections of this franchise
are £or purposes of convenience only and shall not be deemed to
expand or limit the provisions contained in such sections.
39. N—C.t of F ncl is The Franchisee represents ana
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.
40. Amentlme The City eserves the right to amend this
ordinance in any manner necessary £or the health, safety, welfare
interlocal agreements, and the City reserves the right, in the
public interest from time to ti , t. prescribe reasonable rules
consisting o£ persons or affiliates who are disqualified it..
public contracting and purchasing process because they have been
found guilty of a public entity crime. The Franchisee is required
SECTION WO: Seoarabilit : The provisions of this ordinance
are declared to be separable and if any secti n, semen , clause
r phrase of this ordinance shall for any reason he held to be
invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses and phrases
of this ordinance but they shall remain rn effect, it being the
legislative intent that this ordinance shall stand notwithstanding
the invalidity of a y p t.
5
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approved as to fonu snd 1e9al.i.ly f�.>z use and xeli.ance by the lily
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The tormgoing ordins sed L £ranchise provided for, c and
ul1Lht e M1 d ohs tf ite by ;ceTited ppxoved
snd 4 -o - i
PAANCHISLZIi_ / / 1
Sig �f 6w Autliux'�red Ayent