Ordinance 95-1271ORIGINAL
oaoI NANCE No. 95-12/1
DVIDING
FDA A
n Ti o. ciTSe v~~ s of Flo~~'daE i c~Hn x TaFc
F corviMFacxAL To I xns~
CONDITIONS AN REQUIREMENTS RELATING TBERETO A PROVIDING
SEVERAHILITY,HCONFLICTS AND AN EFFECTIVE DA1 E.
BE i1 ENACTCD BY 1UE City OF LONGWO , FLORIDA AS E'OLLOWS:
Standard Di sposfll Services
SECTION NC There rs hereby g nted to of Florida Inc.
(herern called the "franchisee"~, its successors and as g a non
exclusive right, privilege or franchise to collect eol id waste
materials from commercial establrshments within the City of
Longwood, Semrnole County, Florida, during the term and subject to
a. City" shall mean the City of Longwood, Florida, a
munrc ipal corporation.
b. Franchisee" shall nrean the individual, partnership
or corporation who/which agrees, as hereinaf for provided to perform
the work or yea vcc e, or to Furnish materials or equipment, or both
plastic, textile, or r. ubber materials that have known recycling
potential, can be feasibly recycled, and bave been diverted and
for sale, u e, or reuse as raw materials, whether or not the
materials require subsequent processing or separation from each
ti r''. ~-)
other, but does nol include materials destined fax y se 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 naported, toned, separated,
processed, or disposed of in any other way, accortlinq to an
orderly, purposeful, and planned program which includes closure antl
long-term maintenance.
e. Solid waste management facility" shall mean a solid
waste disposal area, volume reduction plant, xansfer station,
materials recovery facility, or other facility, designated by the
City, the purpose of which is resource recovery or the disposal,
recycling, processing, or storage of solid waste. The 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 svc.] solid waste.
E. solid waste" shall mean sludge unregulated under
the federal clean water act or clean six a , sludge from a waste
treatment works, water supply treatment plant, or air pollution
control facility, of includes garbage, rubbish, refuse, special
waste, or other discarded material, vncluding solid, liquid,
semisolid, o£ contained gaseous material resulting from domestic,
industrial, commercial, mining, agricultural, or gover~unental
operations. Recovered materials as defined in FS s.403."I03 (]~ are
not solid waste.
q. Commercral establishment" means property or
properties zoned or use-d for commercial ox industrial uses, or used
by an entity exempt from taxatvon under s. 501(c~(3) of the
Internal Revenue Code, and excludes property ox properties zoned or
used for single-family residential or multifamily residential uses.
natu ~ vncluding, but not limitetl to, steel glass, brick,
concrete, asphalt roofing material, pipe, gypsum wallboard, anc
lumber, from the construction ox destruction of a structure s part
of a constructvon of demolition project, and vncluding rocks,
of structures at a svte remote from the constructvon or demolition
project site. Mixing of construction and demolition debris with
other types of solid was , ncluding material from a constructvon
o£ demolition site which is not from the actual constructvon or
destruction of a structu ,will cause vt to be classified as other
than construction and demolition debris.
r. contavner shall mean any portable, nonnbsorbent
encloaea ~ontarnex wrth a close fitting oo.,er, or aoora, appro~ea
by the Health Department and the City, which is used to store large
volumes o£ refuse. it must be capnble of being servrced by
j. 'Special Waste means solid wastes that can require
special handling and management, vncluding, but not limited to,
white goads, waste tires, used ov1, lead-acid batterves,
construction and demolition debris, ash reaidue, yard trash, and
Biomedical waste" means any solid waste or liquid
causing agents; tliscarded disposable sharps; human blood, and human
blood products and body fluids; and other materials which in the
opinion of the department of eealth and Rehabilitative 8ervvices
represent a significant risk of infection to persons outside the
generating facility. The tem, deea not include 'human remavns that
are disposed of by p sons licensed under chapter 410.
1. eiomeaical waste generator' means a facility or
person that prodvres of generates biomedical w the term
vncludes, but vs not limited t , hospitals, skilled nursing or
convalescent hospitals, intermediate care facilities, clinics,
dialysis clinics, dental o£Eices, health maintenance organizations,
surgical clinics, medical buildings, physicians' of £ices,
laboratories, vetervnary clinics, and funeral homes.
m. Biological waste means solid waste that causes or
has the capability of causing disease of infection and includes,
but is not limited to, biomedical was diseased or dead animals,
and other wastes capable of transmitting pathogens to humans or
an.unals. mne term aoea not ,.nelaae .Homan remarna coat are ar p aea
of by persons lrcensed under enapter 4]0.
n. naterrals recovery facility" means a solid waste
management facility that provides for the extraction from solid
waste o£ recyclable materials, materials sortable for use as a fuel
of soil amename r any combination of such materials.
o. Recovered materials processing facility" means a
facility engaged solely rn the storage, processiag~ resale, or
reuse o£ recovered materials. Such a £acilit:y is not a solid waste
management facility i£ it meets the conditions eE FS s.
403.]045(1~(f~.
p. Ash Residue has the same meaning as the term rs
ae£iaea r .the aapar_tment Tale oa aolia waate oomnastors wnien
aefiaea soon term.
q. Pelletized paper waste" mean pellets produced
exclusively from discarded paper which is derived from a solid
waste management facility or a recovered materials processing
facility and which is shredded, extruded, or formulated into
compact pellets of various sizes for the use as a supplemental fuel
rn permittea boilers other than waste-to-energy facilities. The
use of such pellets as a supplemental fuel in permitted boilers
other than waste-to-energy facilities may be used by local
gwer~wents as credits toward the goals for reduction of solid
waste pursuant to FS s. 403.]06(4~(H~.
r. Source separated" means the zecovered materials are
separated from solid waste where the recovered materials and solid
waste ax g erased. The Lean does not require that varvous types
of recovered materials be separated from each other and recognizes
de mvnvmvs solid waste, vn accordance with industry standards and
practices, may be included in the recoveretl materials.
2.. _
a. The term of [his franchise shall tevvunate on
tember 30, 199fi following the effective date hereof provided,
however, the City reserves the right to tersvnate the same prior
b. On tuber 1996, this Franchise shall be
automatrcally extended for an additional term n expiring
the £ol lowing s tember 30. 199> provided the eranchisee shall make
termvnatvon. No further extens runs shall be granted without City
Commission approval.
3. Se r s Provided by F nchisee~
a. Franchisee(s) shall provide Commercial Solid Waste
exclusive right to the Franchisee(s). The Contractor shall be
responsible for billing and collection of Commercial Solid waste
Collection servvicea and disposal costs.
a. ntnor':ea s rv
a. No other person or entity except the Franchisee(s)
may offer or provide Commercial Solid Waste Collection Servrce vn
the City of Longwood. No commercial establishment within the City
shall utilize the servvices of a collector not holding a franchise
from the City. Violations of this section shall be en£orcetl by the
City by legal action seeking injunctive relief and damages.
c. Mvnvmum Service. The Franchisee shall make at least
two (2) weekly collections at all commercial establishments subject
to the terms of this ordinance and at sufficient additional
intervals necessary to perform atlequate services and to protect the
enviroeunent, unless otherwise approved vn advance by the City,
provided however, where the refuse is exclusively non-putrescible
in nature, once weekly collections are permitted.
5. nchise A fee of fifty dollars
($50.00 shall be charyed for each franchise application to cover
Litter. The Franchisee shall not litter premises in the
papers, material or debris that may be scattered about the
container. Franchisee shall collect all material that has been
placed in or about its containers unless otherwise directed by the
city.
for collection of solid waste from commercial establishments shall
be standard manufactured-type mechanically served containers,
compatible with the private commercial collector's servvcv g
equipment. Containers shall be placed at locations readily
accessible to tranchisee s personnel. Containers shall be locaeed
p n priva e property unless the use of publ'c property is approved
by the City, viola<ions of this section sba11 constitute a breach
and default of this agreement. The type of container used, or the
location thereof, may vary from the provisiona of this section if
approved in writ g by the C y of Longwood, Florida.
9. A c red M e
a. Recovered materials generated aL commercial
establishments must be source separated at the premises of the
commercial establishment prior to collection by a properly
mate ials 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. FOSA, V.S. 2PA, etc., and the City of Longwood.
11. Col lect'on G
a. The Franchisee shall provide an adequate n r 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 nose antl phone number
o£ the F nchisee and vehicle number not less than twelve inches
(1Z") in heigh[ 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 for regular collection services and backup in the
event of. any breakdowns.
c. Each dumpster shall be systematically marked, in a
manner approvetl by the City to identify its capacity in yardage,
scheduled date o£ pickup and ita "dumpster number" i.e., fi, MW ,
452 would be a six (6) yard dumpster, to be picked up Monday,
Wednesday and Friday and it would be dumpster number 452. Sucb
12. Office. The Franchisee shall establish and maintain a
local office or such other facilities through which rt can be
contacted, where service may be applied f r, and complaints can be
made. It shall be equipped with suEEic Tent telephopes, shall have
one (1~ responsible person in charge during collection hoursand
shall be open during collection
13. aulin g. All solitl waste hauled by the Franchis ee, shall
be ao contained, or enclosed that leaking, spilling or blowing are
prevented. In the event of any spillage, leaking, or blowing of
materials from truck, the Franchisee shall immediately clean up the
14, sal. A11 solid waste for disposal shall be hauled
to FDER approved sitea or facilities legally approved to accept it
for treatment or disposal and designated a., a approved site by the
city. Au reeo~erea materiala mnst be pxoeeseea ac a oercifiea
recovered materials processing facility.
15. Charges and Rates A11 charges and xatas for the
commercial collection of 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 fox the use of the City stree ~ the £ranchised
operations rn the City, rncluding fees, charges, rental o£
equipment, and funds paid outside the city Eor hauling materials
£rom the City. ym nt to the Ci[y shall be made four (4) times
per year, on Max'ch 15, 3une 15, september 15, and December 15, Eor
three (3( full months immediately preceding payment, except the
first payment i£ the first period-is lesss than three months, rn
which case payment shall be prorated. Such fees shall not include
fees generated from the collection of recovered-materials.
b. Franchisee, rn further consideration o£ the franchise,
shall make its financial records available to the City rn
accordance with procedures established Eros time to trme by the
City. The fees paid pursuant to this Sectron 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 an the fifteenth (15 Chj of the
month following the month of servrce. Any and all payments not
paid by the 15th of the month following the month of servrce shall
bear interest at the rate of 188 per annum from the first (1st) of
the month following the month o£ servrce.
11. ued 5 Oel _ng counts.
a. The Franchisee may discontinue .servrce to a
fifteen (15) days after the date of billing shall be notified.
said notification shall contarn a atntement that service may be
discontinued fifteen (15) days from the date of notrce i£ payment
.rs not made before that time. In the event the Franchisee intends
to discontinue a delinquent account, rt shall so notify the City at
least fifteen (15) Jaya 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.
18. t~~. On the twenty-fifth (25th) day of the month
Following the month of servrce hereunder the Franchisee shall
provide the City with a report. said report sha1.1 be in a Eorm,
either hard copy, computer disk (compatible with the City's
computers) or othervise satisfactory to the City. The report shall
raclude such information as the City may reasonably require so as
to ensure proper refuse servrce by all conunerc ial establishments
within the City and so as to ensure Franchisee's compliance with
the terms and conditions of-this report. Unless othervise directed
by khe City's nuector of Public Works, each report shall contain
as a (1)rmCUStomer's Utility Number (Assigned by Che City)
(2) Customer a Busyness Name
(3) Customer's Business Address
(9) Customer s Telephone Number
(5) Container(s) -Number (s)
(6) Container(s) Capacity
(]) Compactor(s)
(A) Pick-up Schedule for Containers and Compactors
(9) Number of Pick-ups £or all Containers and Compactors
(30) Franchisee Fee
This report shall be submitted no latex than the twenty-fifth
(25th) of the month following the month of servr , overinq all
activities during the month of service, to the Director o£ Public
Works.
19, molai A11 complaints shall be resolved by
Franchisee within twenty-Four (24) hours. The Franchisee shall
supply the city with copies of all complaints on a Form approved by
the City and indicate the disposition of each complaint. Such
records shall be available Lox City inspection at all tames during
business hours. The Form shall indicate the day and hour on which
the complaint was rec erved and the day and hour on which it was
resolved, the name o£ 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, rt shall be servrced on
the next working day.
2S. Notif'c The k'ranchisee shall notify all customers
about complaint procedures, regulations, and days of collection.
21. Franrhis ee P nel.
a. The Franchisee shall assign a qualified person or
persons to be i.n charge of his operations in the City antl shall
give the name or names to the City; int ormation regarding
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 £or the type of vehicle he is driving.
d. The City may request the dismissal or appropriate
discipline of any employee of the Franchisee who violates any
provision hereof or who is want , negligent, ox discourteous i
the performance of his dutres.
e. The Franchisee shall provide operating and safety
training £or all personnel and shall certify same to the City
annually upon renewal o£ this Franchise. Such 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 arr
Employment practices.
zz. n'see e
a. All trucks or other vehrcles operated by the
Franchisee in the City shall be subject t nd shall immediately
submit to spot, on the road inspections by the City or its agent
and if found to be unsafe, saitl vehicle shall be umsediately
removed £rom servrce until it can be repaired and is success£u11y
rernspected.
b. The use of vehicles failing to meet standards after
rnspections may be grounds for cancellation o£ the franchise by the
City Commission, if' round after notrce to the Franchisee and an
opportunity to be heard, to be Flagrant or repeated in nature.
23. moliance within L The right is hereby reserved Eor
the City to adopt, in addition to the provisions herein contarned
and exrst g pplicablc ordinances, such add>tronal regulations as
rt shall find necessary rn the exercrse of the police power,
provided that such regulations by ordinance or otherwise shall be
reasonable and not rn 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 untler 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 covstrtute a default hereunder. This franchise shall
the extent that any provision of this franchise is >ncons istent
with any exrscing orainanne, rhea aam existing orainanca shoo
prevail and control.
24. .__y The Franchisee shall furnish to the City
a Payment Bond executed by a su ety licensed and authorized to do
business in the State of Florida in the amount of $100,000.00
rnsuxing the faithful payment and performance of the terms o£ this
ordinance and executed by a surety company. Said Payment Bond is
in an amount deemed by the City antl the Franchisee to be reasonable
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 persons or property caused by its neglect or
mismanagement, or 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 inclvtle but not be limited to Anti-
trust actions or proceedings. Should the City of Longwood be sued
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 judgment go 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
employees from any judgments recovered- by anyone for personal
injury, death or property damage sustained by reason of any o£ the
Cranchrsee s activities permitted by thin franchise or for any
actrons or proceedings br g as a result oL' the award of thie
franchise to Franchisee, to specifically include but not limited to
Antr-trust actrons or proceedings, and shall pay all expenses,
~.ncluding costs and attorney's fees, in defending against any such
claim made against the city ox any of the City's agents, officers
public liability and property damage insurance rn the amount of
55,000,000 per accident, event or occurrence, naming the City as an
arrsing by virtue of this sectron. The insu e policy will
provitle that the City shall be given thirty (30~ days wrrtten
notrce prior to cancellation or modification. A copy of said
policy of insurance shall be filed with the City Clerk on or before
the effective dateo£ this £ranchise.
26. The Franchisee shall, at its sole expense,
procure £rom all gover~wental authorities having jurisdiction over
the operations of the Franchisee, including the City, all licenses,
certificates, permits of other authorization which may be necessary
for the conduct of its operations. The Franchisee shall pay all
taxes, licenses, certification, permit and examrnatron Lees and
exerses which may be assessed, levied, exacted or imposed on its
property, on its operations, on its gloss receipts, and upon this
franchise and the rights and privileges granted herein, and shall
make all applications, reports and returns required in connectron
therewith.
2>, orker'r, C satron. The Fr.a no hise shall ca y, with
an insurance c p y uthorrv ed to transact business in the State
of Florida, a policy that tul£ills all Che requirements of the
Worker's C p satron Act of said Sta including all legal
requirements for occupational tliseases.
2R. A No assignment o£ franchise or any right
occurr q under this ordinance shall be made in whole or in part by
the Franchisee without the express written consent of the City and
the customer; in the event of any-assignment, the assignee and the
assignor shall both be liable under Che Franchise.
29. 5ooks, Records aid Avtl't.
a. The Franchisee shall keep records of wastes
collected and charges therefor, and the City shall have the right
to review thos records which i any way pertain to the payme
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.
b. Franchisee shall furnish the City with an annual
audit, due on November 15 of 'each calendar year, for the sarvrce
year or portion thereof ending the previous s ptember 30th. Said
audit shall be prepared by an independent certifietl public
accountant complete with cretlitor's opinion which opinion shall be
subject to acceptance or rejection by the City. The audit shall
reflect the accuracy and completeness of Che information provided
the City by the Franchisee inc lutling detailed data and computation
_encernr v the £raaeniae fee.
30.n k solve 2£ the Franchisee becomes
insolvent and in any event if the Franchisee files a petition of
voluntary o= involuntary bankruptcy, then this franchise shall
ternunate in no avent later than the date of filing of the
bankruptev petition.
no such £orf ei tore shall take effect until the City has served upon
the Franchisee written notice of default, which n tree shall set
forth the nature and extent thereof. If a default can be
notrce of default to correct the same. x£ the Franchisee protests
the reasonableness or propriety of the City's declaration, aid
protest shall be served upon the City in wrrtinq within ten (10)
b. I£ [he 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 constrtute a Hoard
the Franchisee and one by the arbitrators so selected. The Board
of Arbitrators shall notify the City and the Francnisee o£ their
determination o£ the reasonableness and propriety of the City's
declaration of defaulC not later than thirty (30) days following
submrssron of the rssue to the board. Arbitration shall be
pursuant to the Florida Arbitration Cotle, Chapter 6 , Florida
c. The purpose a£ thrs sectvon rs to enable the City
and the Franchisee to resolve by arbitration each differences as
they may be unable to resolve by mu ual agreement. Nothing
contavned herern shall be construed to limit or restrict the legal
rights and p ers of the City or the Franchisee.
3?.. Right to Require Performance. The failure of the City a
any trme to require performance by the Franchisee of any provisions
Mexeo£ shall in no way affect the right of the City thereafter to
enforce same. Nor shall warver by the City of any bleach of any
provisions hereof be taken or held to be a warver o£ any succeeding
breach of such provision ox as a warver of any provision itself.
33. Independent Contractor. I rs hereby understood and
agreed that the Franchisee is an independent contractor and not an
agent of the city.
34. Modification. This franchise constitutes the entice
agreement and understanding between the parties hereto, and it,
shall not be considered modified, altered, changed or amended in -
any r p t unless in wrrting and signetl by the parties hereto, and
adopted as an amending £rauchise ordinance.
35. o As required Eor any purpose in this franchise,
notrce shall be addressed and sent by certi.f i.ed Un~.ted States mail
eAAVCeisee. ~D D,crn AL KV~<e
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36. Remedies and C t All remedies
provided n this £ranchise shall be deemed cumulative and
additional and not in lieu o£ or exclusive of each other or of any
other remedy nvailable to the City at law or in equity. In the
event the City shall prevail in any action aril inq hereunder,
Franchisee shall pay to Che City its costs, referable thereto,
including attorneys tees.
3]. Governing L and V 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. Headin The headings of the sections of this franchise
are £or purposes of convene only and shall no[ be deemed to
expand or limit the provisions contained in such sections.
39. F anchis ee. The Pranchis
warrants unto the C.vty that no off is r, mployee
City has any intere , either tlirectly or in
business of Franchisee to be conducted hereunder
40, endure The City reserves the r
ordinance in any manner necessary for the health
and regulations g ern g ranchisee's operations hereunder.
41. Yublic F, tits Crimes: o Franchisee or Contractor may be
a person or of £iliate identified on the Oepartsent of General
Services convicted endor" list. This list is defined as
consisting o£ persons or affiliates who are disquali£iedfrom
public contracting and purchasing process because they have been
found guilty o£ a public entity crime. The Franchisee is requited
to comply with Florida Statutes Section 28].133, as amended, or its
SECTION Tw0: rability: The provisions of this ordinance
are declared to be separable and iE any section, sentence, clause
r phrase of this ordinance shall for any reason be held to be
invalid or unconstitutional, uch decision shall. not affect the
validity o£ the remaining sec ions, sentences, clauses and phrases
of this ordinance but they shall remain in effect, it beinq the
legislative intent that this ordinance shall stand notwithstanding
the invalidity of any part.
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