Ordinance 95-1275OR161NAL
~~~,z,
oxo2 NAN E 95-1275
AN ORDINANCE o E CxxY o
GRANT NG F NON GE a~LI152VER TO
grpsr{ f_p r d F f ['ta In £OR THE COLLBCm2oN
COMMERCIAL S WASTE, TOC2MP0E£ CERTAIN T
CONDITIONS AN REgDIREMENTS RELATING T RETO; PROVIDING
GEVEPAHILITY. CONFLICTS ANO AN EFFECTIVE DATE.
'LORIDA AS FOLLOWS:
Brwning-k exris ]ndus[ries o£
(herein called the "Franchisee"~, its successors and assigns, a non
exclusive right, privilege or Franchise Co collect solid waste
materials from commercial establishments within the City of
Longwood, Gemrnole County, Florida, during the term and subject to
the following limitations and conditions as hereinafter set forth.
a. City" shall mean the City o£ Longwood, Florida, a
munrcipal corporation.
b. Franchisee" shall mean the individual, paztnership
or corporation who/which agrees, as hereinafter provided to perform
the work or servrce, or to furnish materials or equipment, or both
as set forth in this franchise.
c. "Recovered materials" means metal, paper, glass,
plastic, textile, or rvbber materials that have known recycling
potential, can be feasibly recycled, and have been diverted and
source separated oz have been removed from the solid waste stream
for sale, u or reuse as raw materials, whether or not the
materials require subsequent processing or separation from each
1
other, but does not include materials destined for any use that
constitutes disposal. Recovered materials as described above are
not solid waste.
d. solid waste management shall mean the process by
which solid waste is collected, tr napoited, stored, separated,
processed, or disposed of in any other way, accortling to an
orderly, purposeEUl~ and planned program which includes closure and
long-term maintenance.
e. Solid waste management facility" shall mean a solid
waste disposal area, volume reduction plan[, transfer station,
materials recovery facility or other facility, designated by the
recycling, processing, or storage o£ solid waste. xhe term does
not include recovered materials processing facilities which meet
the requirements of FS s. 403.>046~4) except the portion of
facilities, i£ any, that is used for the management of (are
managing sic.] solid waste.
f. ~~SOlid waste shall mean sludge unregulated under
the federal clean water act or clean air a ~ sludge Exam a waste
treatment works, water supply treatment plant, or air pollution
Control facility, or includes garbage, rubbish, refuse, special
was , or other discarded material, including solid, liquid,
semisolid, of contained gaseous material resulting from domestic,
industrial, commercial, mining, agricultural, or gover~unental
operations. Recovered materials as defined in FS x.403.]03(>) are
not solid waste.
g, co~mnercial establislvnent^ means property or
properties zoned oz used fox commercial or industrial us , r used
by an entity exempt £rom 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 to, steel glass, brick,
conere ~ asphalt roofing maters , pipe, gypsum wallboards antl
lumber, from the constructvon or destruction of a structure as part
of a constructvon of demolition project, and rncluaing rocks,
soda, tree remarn cre ana ecner ~egetatioe mortar wnien
normally reanlta from Lana clearing or Lana ae~elopment np rationa
for a constructvon project including such debris from constructron
of structures at a site remote £rom the constructvon or demolition
project site. Mrxing o£ construction and demolition debris with
other types of solid waste, vncluding material from a constructvon
of demolition site which is not Erom the actual constructvon or
destruction of a structu ,will cause rt to be classified as other
than construction and demolition debris.
v. "Container" shall mean any portables nonabsorbent
enclosed container with a close fitting cov , r 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. "Special Waste" means solid wastes that can require
special handling and management, including, but not limited to,
white goods, waste tires, used oil, lead-acid batteries,
construction and demolition debris, ash residue, yard trash, and
biological wastes.
k. Biomedical waste means any solid waste or liquid
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 sad Hebabilitative Services
represent a significant risk of infection to persons outside the
are disposed of by persons licensed under chapter 4J0.
1. Brometlical w e generator" means a facility or
person that produces of generates biomedical w _ The term
includes, but is not limited to, hospitals, skilled nursing or
convalescent hospitals, intermediate cats facilities, clinics,
dialysis clinics, dental offices, health maintenance organizations,
surgical clinics, medical buildings, physicians' offices,
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,
and other wastes capable of transmitting pathogens to humans ox
anrmals. mna term goes nos rnnlaae Homan ramarna that are aiapoaea
of by persons licensed under chapter 4)0.
n. Materials recovery facility" means a solid waste
management facility that provides for <he extractron from solid
waste of recyclable materials, materials sortable for use as a fuel
of soil amendment, or any combination of such materials.
o. Recovered materials procesaing facility" means a
facility engaged solely rn the storage, processing, resale, or
reuse of recovered materials. Such a facility is not a solid waste
ma g ent facility if rt meets the conditions of 5 s.
903.)045(1((£ ~.
p. Ash Residue has the same mean g s the term is
defined in the department rule on solid waste combustors which
defines ouch term.
q. Pelletized paper waste mean pellets produced
exclusively from discarded paper which rs derived from a solid
waste management facility or a recovered materials processing
facility and which rs vhredded, extruded, or formulated r.nto
compact pellets of varrous srzes fox the use as a supplemental fuel
rn permitted boilers other than waste-to-energy facilities. The
use of such pellets as a supplemental fuel in permitted boilers
other than waste-to-energy fncilities may be used by local
govereuneuts as credits toward the goals for reduction of solid
waste pursuant to FS s. 403.)06(4((e~.
r. Source separated" means the recovered materials are
separated from solid waste where the recovered materials and solid
waste are generates. Tne term apes not reynire cnac warrona types
o£ recovered materials be separated £rom each other and recognizes
de minimis solid waste, in accordance with industry standards and
practices, may be included in the recovered materials.
2. Term.
a. The term of this franchise shall terminate on
tember 30, 1996 following the effective date hereof proviaed,
However, Che City reserves the xiglit to terminate the same prior
thereto if the Franchisee defaults in any one o£ the terms and
conaitiona Herein apani£iea.
b. On October 1 1996, this Franchise shall be
automatically extended for an additional terns pf o expiring
the Following S tember 30 199) provided the Franchisee shall make
application for said extension at least 30 days prior to its
termination. No Further extensions shall be granted without City
Commrsstun approval.
3. vided by F ncnisee~
a. Franchisee(s~ shall provide Commercial. SOl id Waste
Collection Services in the C y of Longwood, which shall be an
exclusive right to the Franchisee~s~. The Contractor shall be
responsible For billing and collection of Commercial Solid Waste
Collection services and tlisposal costs.
9. Unautnorized 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
snau ntilive the aer.,rcea of a collector not nola'nq a franoniae
£rom the City. Violations of this sectron shall be enforcetl by the
two (2) weekly collections at all commercial eatablishments subject
to the terms of this ordinance and at sufficient additional
intervals necessary to per£ors adequate sex vices antl to protect the
envrronment, unless otherwise app ved xn advance by the City,
provided however, where the refuse is exclusively n n-putrescible
1n nature, once weekly collections are permitted.
5. Franc h'se A fee of frfty dollars
($SO.00( shall be charged fox each franchise application to cover
associated administrative costs.
6. o r Collections shall be made between ]:00 a.m. and
]:00 p.m. unless dif£exent trmes are approved by the City.
]. The Franchisee shall not litter premises in the
process of making collections and shall promptly pick up all
papers, material or debris that say be scattered about the
container. Franchisee shall collect all material tnat has been
placed in or about its Contaznera unless otherwise directed by the
City.
0. and L of A p d Containers. Containers used
for collection of solid waste from commercial establishments shall
be atandard manufactured-type mechanically served containers,
compatible with the private commercial collector's vervic g
equipment. Containers shall be placed at locations readily
accessible to franchisee s personnel. Containers shall be located
upon private property unless the use of public property i approved
by the Crty. violations of this section shall constitute a breach
and default of this agreement. The type of container used, or Lhe
location thereof, may vary from the provisions of this section if
approved in writing by the City of Longwood, Florida.
9. o re ials
a. Recovered materials generated aU commercial
establishments must be source separated at the premises of the
commercial lsshment p or to collection by a properly
certifies rece~erea maceriala d r.
So. araonn Materials. coueociob of special and na:arsons
materials shall be in strict compliance with ~a11 federal, state,
ana local laws and regulations. Said materials shall be stoma ana
placed in a manner approved by the appropriate regulatory
agency,i.e. F~ER, U.E. EPA, et ~ ntl the City of Longwood.
11. Collect'on E p
a. The Franchisee shall provide an adequate number of
vehicles for 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 antl phone number
of the F nchisee and vehicle number not less than twelve inches
(12"1 in height on the rear and each side, b. Franchisee
shall certify to the City upon the commencement of each franchise
year the description and quantity of vehicles and equipment on hand
and available far regular collection services and backup in the
event of any breakdowns.
c. teach dumpster shall be systematically marked, rn a
manner pp ved by the City to identify its capacity in yardage,
scheduled date of pickup and its "dumpster number" i.e., 6, MWF,
452 would be a six (6) yard dumpster, to be picked up Monday,
Wednestlay 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 up receipt of a notice from the City
xequiri vg a change of container markings.
12. Ofd. mhe Franchisee shall establish and maintain a
local office or. sucM1 other {acil ittes through which rt can be
contacted, where service may be applied Eor, and complaints can be
made. It shall be equipped with sufficient telephones, shall have
one (1) responsible person in charge during collection hoursand
shall be open during collection
hours.
13. Nau~. All solid waste hauled by the Franchisee, shall
be so contained, oz enclosed that leaking, spilling or blowing are
prevented. In the event o£ any spillage, leaking, or blowing of
materials Erom truck, the Franchisee shall immediately clean up the
14. sai. All solid waste for disposal shall be hauled
to FDRR approved sites or facilities. legally approved to ac p it
fox treatment or disposal and designated as an approved site by the
city. x11 reco~erea materrala moat be proeaaaea at a ~erti£iea
reoowerea materials processing Facility.
15. Charges and A A11 charges and rates for the
commercial collection of garbage shall be set by the Franchisee in
negotiation wrth the commercial establishment requiring the
servrce. Rates and charges shall not be set by the City.
L6. t' d t.
a. Far the privilege of col lectiaq solid waste from
commercial establishments within the City, securing a £ranchise
from the City and for the use of the City street.,, the franchised
collector shall pay to the City, a sum equal to ten percent (108)
of the grow revenue £rom all sources related to the franchrsee s
operations rn the City, rncluding fees, charges, rental o£
equipment, and funds paid outside the City for hauling materials
£rom the City. Payment to the City shall be made four (47 trines
per year, on March 15, June 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 me lude
fees generated £rom the collection of recovered-materials.
b. Franchisee, rn fux'ther consideration of the £ranchise,
shall make its financial records available to the City rn
accordance with procedures establisM1ed fros trine to time by the
City. Tha Fees paid pursuant to this Section shall not be added as
a separate rtem on the customer's collection bills, but rather
shall be considered as an operational expense.
c. All payments shall be due on the fifteenth (15th) of the
month following the month of service. Any and all payments not
paid by the 15th o£ the month following the month of servrce shall
bear interest at the rate o£ 188 per annum from the first (lst7 of
establishments which have not remitted required payments within
f i£teen (15) days after the date of billing shall be notified.
Said notification shall contarn a statement that servrce may be
discontinued fifteen (15) days from the date of notrce if payment
to discontinue a delinquent accou ~ t shall so notify the City at
least Fifteen (157 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 vhall
provide the City with a report. Said report shall be in a form,
either hard copy, computer disk (compatible with the City's
compaters7 or otherwise satisfactory to the City. The report shall
include such information as the City may reasonably require so as
to ensure proper refuse servrce by all conmiexcial establishments
within the City and so ae to ensure Franchisee's compliance with
the terms ana conaixiona of -enia report. unless ocnerwiae airectea
by the City's Ovrector of Public Works, each report shall contain
(1( Customer s utrlity Number (Assigned by the City)
(2~ Customer's Nusvness Name
(3~ Customer's Busyness Address
(4( Customer's 'Pelepnone Number
(5) Container(s) Number (s)
(6~ Container(s( Capacity
()) Compactor(s~
(B) Pick-up Schedule for Contarners and Compactors
(9) [number of Prek-ups for all Contavners and C p tars
(lob eranoniaee eee
This report shall be submitted no latex than the twenty-fifth
(25th) of the month following the month of servr ~ covering all
actvvvtvea during the month of service, to the pvrector of Public
Works.
19. molai All complainta shall be resolved by
franchisee within twenty-four (24( hours. The Franchisee mall
supply the City with copies o£ all complaints on a form approved by
the City and indicate the disposition of each complaint. Such
records shall be available for City inapection at all times 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 a holiday or on a Saturday, it shall be serviced on
the next working day.
20. __ The Franchisee shall notify nll customary
about complaint procedures, regulations, and days of collection.
21. nch'see P nel.
a. The Franchisee shall assign a qualified person or
experience shall also be furnished.
b. Franc hisee's collection employees shall wear a clean
uniform bearing the company's name.
c. Each employee shall, at all time ~ carry a valid
operator's license for the Lype of vehicle he is driving.
d. The City may request the dismissal or appropriate
discipline of any employee of the Franchisee who violates any
prwisien hereof or who is want , 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 [o the City
annually upon renewal of this Franchise. Such certification shall
identify all employees omployed in Longwood, their job description
and the nature and type of training given said employees.
f. The Franchisee shall comply with the Equal
Gmpl oyment Opportunity Program, the Fair Labor Stantlards Act and
employment practices
22. nch'see E nt
a. n11 trucks or other vehicles operated by the
Franchisee in the City shall be subject t , and shall immediately
submit to spot, on the road inspections by the City ox its agent
and if found to be unsafe, said vehicle shall be immediately
removed from service until it can be repaired and is successfully
reinspected.
b. The use of vehicles failing to nice[ standards after
inspections may be grounds for cancellation of the fxanchi.se by Che
City Commissio if found after notice to the Franchisee and an
opportunity to be heard, to be flagrant or repeated in nature.
Comoliance within L mhe right is hereby reserved for
and existing appl icabl.e ordinances, such additional regulations as
i[ 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 volid waste to a designated facility. The Franchisee
shall conduct operations under this ordinance in compliance with
all applicable laws and interlocal agreements between the City and
comply shall constitute a default hereuntler. 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 errs ring ordinance, then such exrsting ordinance shall
preoail arts concrol.
24. ent 9ond. The Franchisee shall furnish to the City
business in the State o£ Florida in the amount of $100,000.00
rnsuring the faithful payment and performance o£ the terms of this
ordinance and executed by a sur y company. Said Payment Bond is
rn an amount deemed by the C y and the Pranchisee to be reasonable
and necevsary-to enable the C y o ensure all franchise fees due
and payable hereunder and paid as and when due.
25. Liability. The privileges herein granted are upon the
express conditrons that the i'ranchisee shall be liable for all
damages or injury [o persons or property caused by i.ts neglect or
m.rsmanagement, or by the actrons of any of its employees while
engaged in the operations herein authorizetl, or for any actrons or
proceedings brought as a result of the award of this franchise to
Franchis ee~ to specifically include but not be limited to Antr-
trust actrons or proceedings. Should the City o£ Longwood be awed
therefor, the Franchisee shall be notified o£ such su , and
thereupon it shall be its duty to defend the sort or at the Ci.ty's
option to pay the legal fees of the city's attorney to defend the
sort and should judgment yo against the City in any such ca ,
Franchisee shall forthwith pay the same. The Franchisee shall
indemnify and save harmless the City, its agents, officers and
injury, death or property damage sustained by reason of any of the
Franchisee's activities permitted by this franchise or for any
actrons oz proceedings brought as a result of [he award of thrs
franchise to Franchisee, t apecif really include but not limited to
me lading costs and attorney's fees, in defending against any such
claim made against the City or any of the City's agents, officers
or employees. Franchisee Further agree to purchase comprehensive
public liability and property damage insuzance vn the amount of
$5,000,000 per accident, event or occurren ~ naming the City as an
additional insured to the extent o£ its rights against Franchisee
aria inq by virtue of this section. The vnsurance policy will
provide that the Cry shall be g en thirty (30~ days wrvtten
policy of insurance shall be filed with the City Clerk on or before
the effective date of this franchise.
26. The Franchisee shall, at its sole expense,
the operations o£ 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 examvnation fees and
property, on its operations, on vts gross receipts, and upon this
franchise and the rights and privileges granted herein, and shall
make all applications, reports and returns requiretl in connection
therewith.
z9. worker's c r Tne erancniae anall carry, wicn
an .insurance company authorized to transact busyness .vn the Stnte
of Florida, a policy that Fulfil is all the requirements of the
requirements for occupational diseases.
28. ,______g___.____ No assigeunent of franchise or any right
occurr g under this ordinance shall be made rn whole or p t by
the Franchisee without the express written consent of the City and
the custom , n the event of any assignment, the assignee and the
assignor shall both be liable under the Fzanchise.
29. Books, aecords and Auait.
a. The Franchisee shall keep records of wastes
collected and charges there£or~ and the City shall have the right
to review those records which in any way pertain to the payments
due it as well as the billing oL all customers by the Franchisee.
Sf disposal facilities are operated by the City, records o£
rncoming wastes mall be marntarned by the City. The Franchisee
will be responsible for the monthly billing of the customer.
b. Franchisee shall famish the City with an annual
audit, due on November 15 of 'each calendar year, £or the servrce
year or portion thereof ending the previous seotember 30th. Said
audit shall be prepared by an independent certifietl 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
~oncerniny the t=ancniae fee.
30. k solvenc If the Franchisee becomev
resolvent and in any event i£ the Francnisee files a petition of
voluntary or vnvoluntary bankruptcy, then this Franchise shall
termv nate rn no event later than the date of filing of the
bankrvptcy petition.
31. pefault.
a. The failure on the part of the Franchisee to comply
ordinance shall be grounds Eor a forE eiture of this franchise, but
no such forfeiture shall take effect until the City has served upon
[he Franchisee wrrtten not rce of default, which n tree shall set
f'ortM the nature and extent thereof. If a default can be
vorrected, the Franchisee snail have thirty (30) days following the
notvice of de£auli to correct the same. If the Francnisee protests
the reasonableness or propriety of the City's declaration, aid
protest shall be served upon the City in waiting within ten (10)
b. I£ the City and the Franchisee cannot agree as to
the reasonableness o propriety of the City's declaration of
default, then the issue shall be promptly submitted to binding
arbitration. Three qualified arbitrators shall constitute a Board
of Arbitration, one arbitrator to be selected by the City, one by
the Fzanchisee and one by the arbitrators so selected. The Board
of Arbitrators snail notify the City and the Franchisee of their
determination o£ the reasonableness and propriety of the City's
to the City and the Franchisee as follows:
erowntxig-Feiiis Industries
FnAxcsx sae, of Florida. Inc.
1099 Miller Or've
Altamn[e Shrines Florida 32]01
36. gemedies. Attorney's Costs. All remetlies
provided n this franchise shall be deemed' cumulative and
additional and not rn lieu of or exclusive of each other or o£ any
other remedy available to the City at law or in equity. in the
event the City shall prevail rn any action arising hereunder,
Franchisee shall pay to the City its costs, referable thereto,
including attorneys fees.
3J. Goyervinv L a¢d V 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 semvnole
County and the Agreement will be interpretetl according to the laws
of Florida.
38. eadin The headings of the sections of this franchise
are fox purposes of convenience only and shall no[ be deemed to
expantl or limit the provisions contained in such sections.
declaration of default not later than thirty (307 days following
submission of the vsaue to the aoard. Arbitration shall be
pursuant to the Florida Arbitration Code, Chapter 682, Florida
c. The purpose of this sectvon vs 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
contavned herein shall be cons truetl to limit or restrvct the legal
rights and powers o£ the City or the Franchisee.
32. Right t a erformance. The failure of the City a
any tome to require performance by the Franchisee of any provisions
hereof aha11 in no way affect the right of the City thereafter to
enforce same. Nor shall waiver by the City of any breach of any
p vva eons hereof be taken or held to be a waiver of a y ucceeding
breach o£ such provision or as a waiver of any provision itself.
33. Intleoendent C ractoi. It vs hereby understood and
agreed that the Franchisee is an independent contractor and not an
agent a£ the city.
34. ModiEicat. i.on. This franchise coast mutes the entire
agreement and understanding between the parties he reto~ and it
shall not be considered modified, altered, changed or amended in
any respect unless in writing and signed by the parties hereto, and
adapted as an amending franchise ordinance.
35. ice As required for any purpose in this franchise,
notice shall be addressed antl sent by certified Unrted States mail
39. o£ Fr nchisee. The Franchisee represents and
warrants unto the City that no officer, employee, oc agent of the
City has any u:tere , either directly or indirectly, rn the
business of Franchisee to be canduc ted hereunder.
40. Nnendment. The City reserves the right to amend this
ordinance in any manner necessary for the health, safety, welfare
o£ the public or to comply with laws, Latut , regulations or
interlocal agreements, and the City reserves the eight, xn the
public interest from tome to tx , o prescribe reasonable rubs
and regulations governing Franchisee's operations hereunder.
41. Public Entity Crimes: No Franchisee ox Contractor may be
a person or affiliate ideatif red oa the Department of General
Services convacted vendor" list. This list ss defined as
consasting of persons or affiliates who are disqualified from
public contracting and purchasing process because they have been
found guilty of a public entity creme. The Franchisee is required
to comply with Florida Statutes Section 28"1.133, as amended, or its
SECTION T Separability: The provisions of this ordinance
are declared to be separable and if any sects enten clause
or phrase o£ this ordinance shall for any reason be held to be
rnvalid or unconstvtutronal, such -decision shall not affect the
validity o£ the remavning sections, sentences, clauses and phrases
of this ordinance but they shall remarn in effect, it being the
legislative intent that this ordinance shall stand notwithstanding
the invalidity of any part.
_ _ This ordinance etixll tah~.e
stfE ~n p f sl adoE on and upon ao p nce by tho
SECOND RP_40 Ztv~.:
1 ASSLll AND A-61 P~., .... ~ 19 J5
for nse xnd reliance by Lhe City
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