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Ordinance 90-975coxcwooW, r ._Axce NO. ", 0 CODIFIED IN CHAPTER 9, E COODE O FLORIDA FOR TRB RosEFOF AU OR—G. A TBRES SOLID HE LGE vice' EcxAi OF RECYCLABLE IATERIALS, LIMITING THE SAYS _ I'D =IVE DATE xsorzaxce yRen(iREMEN.ror nM WHEREAS, the state of F—iaa, by Florida statute 403.706, nos mandated cercarn local government solid waste r p slbrllties, rn order to implement legislative frndie91 and the statement of public p p e concernrag he drsposal of solid waste, as set forth rn Florida Salute 403.706 (1987) as amended by Chapter 88-130, Laws of Florida 1988; and WHEREAS, said Florida Statuee 403.706(9) mandates that the City of Lp g oed, Flerrda, shall eater reed negot,at,00a with the franchisee who vs p at ing to exclusively collect solid waste within .he Clty of Lo g old, Florida, .o undertake curbside cone ctron of recyclable materials: and WHEREAS, an extension of the ex_ating franchise agreement for an addrtronal thre year1 from the adoption of this ordinance rs n the best cn terests of one city of Long ood, rsnriaa: is thu the ecrsting franchise agreement u-ill _ e on May 4, 1990, and because the addition of r p sibilities of curbside Collection If recyclable ma [erials to the exrstr g term If p wear fraa:hrse, _s not fe a.,rble duo eo .he 1. invited [.vme remaining on ex.istiag franrniae. FLORIDA, A. _ not the tern of the ex_st.ing exclus lve ht, prvv.il.ege or franchrse to collect household ref u.,a and yard tra.,h wrthrn the City If Longwood, Sem vnole County, Florida, from all residents of the City, granted to the Industrial. Waste Serva..es, Inc., vs by mutu a.t agreement, hereby amended and extended for an additional three y rs subject to the following 1_m it a[ions and eonaitio.a as nere.�naftar �eT f.=ih. a. "City shall mean the Ccty of Longwood, a Municrpa b. Commas ion shall. mean [he City Commission of the City of ong od. c. Ira nchisee shall mean the individual, p tnership, Or corpo a[i.n who/which zg es, as hereinafter provided, to perform the work or service, .r to furnish the ma[erralb or equi.pmen., or both as met forth in this d. Handicapped ears ons hall mean p sans vho are cerTif Sed by a licensed physician to be physically unable to tra p t garbage to curb .r road frontage area from other areas of the pe son s residential property and who reside alone or reside only with other . sons likewise who arc Handicapped and unable to tra p t garbage to curb or road Era. g area. e. Ras id— shoo mean a Hers.., family or residential unitbenefiting from refuse collection sei vice as provided by thi. Ordinance, meaning persons possess g or residing at pro. y .titled t. residential refuse collection, E. Household Refuse" sha11 mean all waste from and i nc.ide.tal to the use of homes, residences and dwelling units including but. no[ limited to —- 'it— fruit, wrappings, discarded clothing, e p y flattened packing cases, p k g aterials, bot{les, <a ns, ashes, broken g s. and garbage, Christmas tt— shall be <.l..l.ected under the definition of household refuse, Mot included .inn the defin.i.tion of refuse are automobile tires, automobile batteries, paint, dead material such a p star, lumber, concrete, bricks, trle —Itilbd number .1 — 11— from the 1-1, or other public 1—d frontage area. T— —i— —11 be provided charge — — beyond the C.. appc Quad curbside --i— charge. b. C-11- Pickup" .—L mean —11— —db— by f—b—lb, whereby the franchisee p,.R, up an unlimited -- of hb—bl-ld —f... lb—i-11 and d trash. Yard trash --b —11 not 1—bbd three (3) cubic Y.— each pi- up day. collection IbIll—, ..hail be provided ib,b ,t 1—t twice weekly t the c— or other public —d frontage area .. dby. --d by the City. b. ... D... Pickup" i—d—bd by he 1--hil- whereby the Franchisee collects at 11— twice weekly from the requesting resident —y n unlimited —bb, of containers of household refuse f..m the side or —.1 of the dIlb—bq —it within an area no further than one hundred ( 1CO) —t from the —lb ., oth, —bli, road frontage and an unlimited —b— of containers or IlIdIll 11 1111h from the 1111 11 llhll public 1111 _- area, and, if possible, such trash shall b plec ed not more than t—. (31 feet from the uurb or P the p tic road frontage. h.—d..., infectious, and and regulations, .—I be .11,,btbd and disposed Cf P"".—t t. Florida Law and —.lbl, fbd.t.1 2- Th,, — of this franchise, .. extended, ,h.11 Ue three (3) y— from the effective d— --f --, h ... 1.1, the City Ialb— .be right to Ibl—te the same prior ehez eto, if the Fl—hibll --t. in any of the terms and conditions here±n specified. b. The t— - this fra nchi.. —Y b. ..tb—d —1--ly by the City Cb—Ili.. — — 1. .. additional .,..ty (90) days on the —1 p vailing terms and conditions by g ing notate in writing to the --hi— at least [hi y (30) days prior to the—pi-tion of the o rgr al c. The term of this franchise may be extended mutually by the City Commv..s.ion and the iranchisee far up to an adtl ie tonal three (3) years. q y of Collection. All .efu.,e shall be collected at fregue nc ies not less than those specified in these ruler and regulations. The frequency of collection is hereby established as follows: a. Behold ldfbh.. At least twice each Calendar week and at _east ( 3 ) days It— b. At least twice each calendar week. c. Quarterly Cleanup. Th, Franchisee will provide a special pickup once every three months on a day mutually ogrecd po be 11—h the City and the Franchisee t p +ide residents an opportunity to dispose of large it,,, which are not permitted dui_ g g ar pickups, such as p ickuos. iod of Collection.All collection of refuse shall be made during the hours from — a.m. until "1: 00 p.m. T- r —dbi— i., hereby p hrbrted from collet. 9 and picking up household refuse on Sundays and on the following holy y New Year s D y, Labor Day, the F—th of July, Thanksgiving and Christmas Da, The City Administrator ay uthorice refuse collections to commence at 1111 a.m. Monday through Friday during the months of July. August and eptember. sibility f Cleanliness of O A. customers shall be q red _ pl.c. all solid food waste in a .,tardy p .,tie or metal con ea finer and covered w_th a tight fitting lid tc prevent animals from litter g waste. Plastic bags, as defined in p g p .l a. Services to be p formed by Franchisee. (1) p ate and maintain a solid waste —,li.g program, si. arti g ith curosrde pick-up and —rstfng of th p 1--1g and brokering of recyclable mnYerinls from all residences within the C y rmrts of the City of Longwood. materiels to be co ll.ected are the following: Ne paper: Newspaper only. Aluminum Cans. Aluminum cans only. Glace gars aaa eottlas y adltronal items later determined to be recyclable mater_als. (2) eurnrsh at its — 1— ell labor, materiel, equipment, and tools nee esse ry to perform the above described servvices. The City of Lon giaood will be responsible fo p chasing recycling bins. b. Manner of Performance (1) The Franchisee shall deliver bin(s) to eaoh home for the purpose of ... ti.g y able materials in the home and identifyinq the recyclable materials at the curb. The Franchisee wr 11 p ce a y bins dam ged or destroyed by th. Franchisee. (2) The Franchisee stall remove o y such re ryclable mate_ia ls, from all houseM1olds receiving regular ree identiel garbage collection in deco rdanos with the terms of this franchise. These materials die to b. placed (3) Recyclable mnt eri.als shall be collected once each week on a normal garbage collection y There shall be no limit to the quantity of recyclable materials provided they are placed in a recyclable b.i- (4) The City may p t the re yclable materials to agreement. The --his ee will not ba required to collect materials that are m violatfou of this thereof Cr his agent. ( 3 ) When vacating a residence, the residsbt must .return the —iyllibg bin to the City. Failure tC return the bin to the City wi11 result in the —,id— being charged a fee of —OG on _heir final utility bill. (4� New residents will be vharyed a fee o£ $1.00 up ibrtvat.iob of utility services and the bill willbe dei11—d to the residence by th. Frabcbreee. Recyclable material collections shall be made between the hCots Cf seven (I) a.m. and seven (l) p.m. The City Administrator may eutI—b cCllectiobs to commence at 6:00 a.m. on —day through Friday during the months of ,i uly, August and September. 1. NOLIDAYS On the fC 1—Ig 1ega1 holidays, no col lect lob of recyclable materials will be made by the Fran_hisee. 'Id n III debco C.y (4th of Sely), Gabor y, Thanksgiving Day, Christmas Day. New Year s D.Y. Should one Cf the legal holidays fall on a regularly scheduled pick-up day, the collection If r yClable materials ill be picked up on the b— regularly scheduled re Cycli.bg co.t Lection day. g. RE-RTING REQUIRENENTC The Franchiseb shall keep records of recyclable materials p ke p n the City so as tC allow the City t0 meet the State of Florida DER epo ring requirements oz other B. COI.:Lection. When any refuse is — c011.ected by the be either it writing or by eabE of a check system. The tag shall carry the name of the Iranvh.vvee and to p ne number and be securely fastened to the container or the article refused or placed on the front door of the residence. The Franchisee —11 1.1. and keep a duplicate copy of the t, for --d p—p-- a. The lt—hitshal provide an adequate number of - vehicles f.I -Ill collection services. They th.11 be kept in d —p—, ap, .... I., and in a t—it—y C—Iti., at III times. Each --C th,11 have clearly visible, — each —d., th,, name and —-- —lb, If the FI—hl— and vehicle ..-I not less than — —1— (4 height on the rear ..d tId, Of the —hi.— b. Franchisee —11 certify t. the City within sr ty (60) II, after the ----t of each franchise year the description and quantity of vehicles and equipment — hand ,.d available for regular collection servrces and b—, ,.—t in --t of —y b .. kd.- 10. Office. Th,, 11--h— .—I establish and maintain a 1-1 office (0—., or --e County) -- -- may be applied for — —pl—I —d.. It shall b, q„ipp with sufficient t—ph.... h.,. one (1) ... I. Ih—, during oll ection h..1. ..d shall be p dui n collection h..I.. 11 All household —.—, —y.l.— materials and yard trash for di,.— I-11 b. -- I. —t, or facilities legally —p— ... d I. accept it for treatment or di,psal. 12. C-9— and R.tt,,. a. The Franchisee .— to perform the —i—I as stated herein a, the I.- f $10.85 per month p— —.id— which aamin ietrati�e eoe ts. a. items 9 -r b p ial handling due to size, weight, type o£ material, or method of placement an PIT.— may bi gitiated between the tl—hisee and the resident prior to c oll.ection. A copy o£ every bill rendered to res ident(s) shall be p pvrded the City simultaneously. 13. he City bi.11 p y the rranchisee for services provided, less the twelve (121 percent billing and Collection fee, by the Inth CE the month following provision of service. Th p y nt due till be based upon the monthly number of residential customers bill ea. The City will provide 14. amatory Service. All residential obits (single or duplex) shall have service provided by the City residential Franchisee. Owners of all residential units (single or duplex) shall be responsible for bills renae red by the City. 15. —in, The City shall bill garbage customers on a —thly 16. of Oelinguent d The Franchsee shall discobti one service when authorized by the City aue to no p Y nt o£ monthly charges. 17. heaules. Routes and schedu_es of collection shall be subject tb the approval of the City. The franchisee shall provide the City with proposed schedules for collection routes and shai.l Peep such inf—tion to the City orient at all times. It shall be the customer s responsibility to place refuse at the ppl.plia to location for collection before the app.rovea pickup time. 18. mp All complaints shall be resolved within twe y- four (24) hours. The tiAbb—bb, shall supply the City wi. th copies of all complaints on a form approved by the C _ and indicate the disposition of each co p dint. Such records shallbe available for City i p tion at all it.. during business hours. The form shall indicate the day and hour on which it was resolved, the name of the complainant, the nature defaplt horennaer. The franch_se shall not bo eonstruea to repeal or revise a y xrst g ordinance and to the extent that any p ov is ion of this fva nch.ise is .inconsistent with a y l—ti.g oxafinance, then sech e.iet g ordinance, thie such b fisting-rainance .,hall px-- and control. 22. ovformaoce Bona. The rranchisee shall furnish to the City a Pero rman cc Bond exccoted by surety authorised to do business m the State -f Florian in the amount of $300,000. 23. b'ility. IhT p rvi g here rn granted ar pll the p ss conditions that 11e franchisee shall be liable for all damages or 1 y tb persons oiproperty closed by thb neglect or mismanagement, or by the actions of any of its employees while engaged in the operations here.n authorised. Should the City of Longwood be sued the_e£or, the Franchisee shall be notified of such suit and thereupon ie shall be its duty to defend the suit, and should any damages be awarded against the City. Franchisee shall forthwith pay the same. The Franchisee shall indemnify and hold harmless the City, its agents, of fi_er and employees from any judgment recovered by anyone for p sonal ibj.,y, lea th or property damage sustained by reason of any of the Franchisee's activ it ve peimftted by this Franchise, and shall pay all e p ses, including costs and attorney's fees. in defending against any such claim made against the City or any of the City', g ts, officers or employees. Franchisee further agrees t pu chase public liability and property damage insurance in the amount of $250.00o p p son and S5,000,000 per accident, event on -c-urrence and 5—,000 property damage, naming the City s an aadit tonal insured to the extent of its rights against Franchisee ari..ing by virtue of this section. The insurance p y bill p vide that the City ha1.1 be given thirty (30( days written nTtrc p or to ca ncellatr-n ox moaif icaty-n. A c.py f —d p y f it,. ra nee shall be filed with the City Clerk on or before the effective date of this franchise. 24, he Franchisee shall, at its sole e pe se, p -cure from — governmental authorities ha—g jurisdiction over the .P,ht i— of the Franchisee, i—di.9 the City, III P,.itI or It— —th--- which may be —,—y for th,. c—I— If its bp—ti.— Th. Franchisee -- pay all -- licenses, certification, permit and examin ai ion f— and excises I-1, may be --d. --t- or imposed on — PI.P.Ity, .. it. Ip—ti. on it 9... t.I.iptl, and p— this franchise and the rights and privileges qt—d herein, and —11 —k. all lbp.1tl and 1-1— Iq.i,.d .. Cdnne. it,. therewith. Th. Franchisee h.. —li, with an insurance company authorized to transact business in the State of Florida, a policy that fulfills III the requirements If the Wt-- C—pb—ti— Act If said St.— including all 11 requirements For occupational di-b. 26. A-9b.b.t. NI as -- If franchise or ..y light bll—bg —, this ordinance shall b, .— in whole or in part by he Fl—lhi..e without the 1—— —11— 1—t If the City. 11 the —it 11 11, the —ill— shall assume t1l 1 --d- The Franchisee —11 —p ecords of ,--Id refuse —11—d and —b— of --.— --d and p.yeats t—i—I from the City and --d—I for --b performed. The City — have the right to review all records If the Franchise. 28. --Iptty — i—l—bby. If :he Franchisee becomes insolvent It if the Franchisee flb l petition If —1—bly or i—l—t.ly b—I.Ptly, tM1en this franchise shall, at the option 11 the City tlllill event 11 t later titan t1l Ilt, of filing If the bank l.pt.y P.titi- 21 and battachment C,I—d—b Ii— I the frandnieee are containedi� --- tI I —It. and th.y re He reby made, part If this ordinance by reference thereto. soles and procedures —11 be —bqbd by —di-- liability t. the City — such breach f this franchise. I, the —Chl that this 1-1— - I. hIg.tlltId with b new Franchisee It other new F—Ch"I, third party liability If the F . . . ld— --b —11 terminate insofar as same arises from tIlti— --lt ih operation If the tibb service. In case -f termination and City operation, the City .—I nave access t. Franchisee 1—Ild, for the P.lpt— of obtaining any and all information required concerning the F—b-- - The failure on the part of the Franchisee It —Ply I. 1hy —Ip—t —,b any If the P-1—i— of this ordinance 11 be g-- for h ---, of this franchise, but no such fIlf.it.l. shall I— --t —.1 the City has 111—d upon the Franca , written h—C, If --It, —,h —tt- —11 set forth the nature and I. -It thereof. Th. Ft —hi— shall have fift,lb (15) 1— following the notice If dIfbIl to —C— the same. If the Franchisee PlIt-1 the --bl—I — p—p—ty - the City'.declaration, said protest shall be I-- upon the City It, —it,19 —bi. It. (Ndays f—I-9 t.—pt by the --hi— If the Cityls b. If the City and --hi— cannot tg,I. as I. the reasonableness I. P—Piitty If the Citydeclaration of default, Ihen the it,—, shall III pi—ptly submitted t. .,lbit--b pursuant W Florida --- 1. The p—t If this —tit. is I. -- the City and the F, ... hi... - II —I by arbitration —Ih difft.—., as they —Y be -- W 1.1—h by —t-1 .9—b—t. Nothing I---d lb—tib shall C. construed to 1—it — re t—t the 11 tight, and powers If the City or the Ft —hi— I. —I an II—b i. the PpItpll— t.hlt. 32 Rig— I. --IF he —1— If try, City at any t I. —qti— p--.—t by the lt—hi— for ..y provisions nereof shall I. .. —y —i— the right for the City thereafter I. enforce —1. 1— —11 —ib- by he City If FRAneIIlsee. Industrial is ryiee, lh- I'll Miller DriveSe Altamonte p in 9s, F1. J2 ]D1 35. m.Y'A es_d costs. All remed.i.es provided in this franchise shall be deemed to be cumulative and additrona.l. and not in lieu of or exclusive of each other or of any other remedy available to the City t law or in eq.ity. In the event the City shall prevail rn il, ctron —sing hereunder, Franchisee shall pay to the City its costs resulting therefrom, includ g ttorneys' fees. 36. ljeadjnqs. Th, headings of the sections of this franchise are for purposes of convenience only and shall not be deemed to d or limit the provisions contained rn the section. 37. of The Franchisee represents and warrants unto the City that no officer, e p y or age t of the City has thy interest either directly or indirectly, in the business of Franchisee to be Conducted hereunder. I.. The lily reserves the right to amend this ordinance in any manner necessary for the health, saf y, or welfare of the public, and the City reserves the right, in the I Franchisee shall noc p— -1.1k. i,i resiaeneial —,C, except for loading pup es. b. Franchisee " "' — ... i, , listed, local 'i ......... -- telephonebby -- pa .... which 1 be ..—d during _i, of op at ion, on scheduled collection dby,, (except holiday approved) by the C--- If citizens find thtt company cannot b, --- i. a reasonable time, the City may —i— 1— l 1,,— of additional telephones and telephone op.,— Answering services are not t—bpable. The --hi— shall have it all times a —Plt-t and reliable representative at the Cf—b ---d to — f— it. 3. All customer —11 it, --bd —h— twenty-four (14) hC.,, of —it.. —P-11: f.— 1-1 show the datname e. time and disposixion of the thef thecopl—tt action taken. Th,- ii records shall be maintained it —ti, by consecutive date and —11 be opened — inspection by the City d.Iiig b.—... hours. 'i. --hi— —11 supply to 1--b— , printed information '—d containing in Formation on -t., g.—I customer —p—ibility, complaint p ... bd.— collection :111111, holiday I,- Such information1,111 11 approved by the City A,,d may not b, distributed prior to suchapproval. --b.— 1-1 be — by the Franchisee as approved by the City Ad—i—ItIl 11 de11,11- 5. In the —,it of equipment --A—C, . -- of employees, or bth— causes -- -11 or might de y gu ar .—i— for more than (I) day, the Franchisee —11 immediately not the City t. E.pi.y.— of Franchisee h,,Il be courteous with ti--- 16. It—b--- the t --t of debris or rehas fuse --l—d by I-- of . .1hib. I—Cl bill-1, severe disturbance, riot it other calamity, the City 1-1 the Franchisee for such Cd—ii— service t. 1—b.upon - by the li--..e of the Ibll, equipment, and J-P-1 I-- The City th-I give official recognition t' the emergency and th.11 P—lid, hbtib. to the bf the —Ilib. requ,t.d by the City. All i—libl, submitted by F--Ci—b — such lddltlbh.1 services —11 be —j— to .PPI-1 by the City. 17. Th. Franchisee shall —C ---, t. any resident at its pii ... p.1 place of b,,ib,,,, upon the 1111—t— lbqIbIt, any pertinent infhxmation —g—b—g the --b rendered. The F-11hibbb —11 have on file it- i..P.bti.0 P.. I.qb—t of the b— l.—I at each of it,p ncipal Pl—b. .1 bt.lb—b The following: A. A b.py hf The f— of 1—t—It —11—g t. the -t—I area of the --hi— B. A copy of the -- City --h—, rules and regulations; C. A —P bhb-9 he area —i— by the Franchisee; and b. A legible -- P11—d an a conspicuous P-1 in the office to the effect that . I.Py if the foregoing are kept there for inspection by — gb .... I public, 18. FIC—hi—b bb— P—lid, 91-9C and trash b at least -it. I 11.bk th all ..—ipal facilities A—] —/., operated by th. City bf Longwood at no —t t. the City. C—i'libb, serviceshall provide ga.rba ge coot acne rs. 1... t—I include, but li—ld A. City 1:111 P.1i'b e. nll Parks and Playgrounds G. Public works and eat il.i t.i es The Pranchi— may subcontract for this service wiC the approval of the sbbc btrac— by the City, 1, copxaine.ra anall be watertight ana of i p +cops material, proviaea with a tight -fitting cover au rtable to protect the aontents from Elie., in.ert., rota ana other animal., er a wat p f bag safely and —.i y closed, of a type appr'o ved by the Commission or Health Department, ana not exceeding thirty-two (32) gall ono capacity nor sixty (60) p... in weight, including container, when full. 2. the container shall pot have y inside structures, such as inside bands or re rnforcing a g s, which ig t preve nr the free discharge of the contents. Containers shall be free of jagged or sharp odgms. 3. (a) Placement of containers f p p arbage conta ne rs shall be within side or rear yards, at or near ground 1eve1 and located so as to be easily ....sable to the collector ana within an area no further than one hundred (111) feet from the curb or other pub— toad frontage. Trash containers shall be p aced as near to the curb or road surface as saf y p sible, and, if possible, —I bC placed not more than three (3) feet from the curb or public road y butting the customer s property. Customers must ensure that containers y be picked up ith—t interference fro p r. or other sources and that the saf y of the collector not be threat—d. (b) Plar p -pp. ontain... shall be placed as near the taro o public road ..data as safely possfble, and if possible, —11 be placed not more than three (3) feet from th p ed or p Died road y abutting the customer s p op ty. Containers sha11 be removed within —1— (12) hours after collection. Containers shall Hoc be placed at curbside more than [we Sve (12) Hours prior to collate ion. 4. each customer shall display a house number in plain view from the street if such a number has been assigned to the premises by the Cou ty r other governmental authority. 5. Cardboard boxes, wrappings, and Christmas trees shall b placed at the curb an p -d up rthout restriction ex pt, as to weight. Trees may be cut to I ngth.s not to exceed three ( 3 ) feet and Fe securely tied and bundled. 6. Customer s 1ha11 ensure that pa m fronds, tree limbs and other trash not s t to canto in erication shall be securely tied and bundled, p ced at the curb and cut to lengths not to exceed three (3) feet nor weight of sixty (60) pounds. ], ardous, infectious _special As defined in Florida Administrative Code and regulations shall be p -pared by [he customers for disoosal in a manner cons as tent local, state and any applicable federal r gu atrons. 8.Vacant lots. Fast- collection servires far vacant lots shall be subject to negotiation between the Franchisee and the owner or other party desiring such service. Ic will not be the responsibility of the Franchisee to remove waste resulting from cleaning property for building purposes. 9. Billing - p (al The City shall prepare and deliver bills co all residential units on a monthly basis. till, for service are due end payable in the month service rs given. Bills far service are due on the 10th of the month with a Five dollar ($5.00) late charge added after the lsth of the month. No credit tan be given far vacant ham-s unless written notice rs received by the City at least 10 days prior to vacancy. (b) 2es id— requesting rear doo p l- p, where a cna rge is made, must sign up for a nrnimum of at least