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Ordinance 87-774ORDINANCE N0. ]]4 AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, PROVIDING POR THE GRANTING OF AD EXCLUSIVE FRANCHISE TO CONFLICTS AND EFFECTNE DATE WHEREAS, the City Commission of the City o£ Longwood, Flox ids, has determined that mandatory household cefuse and yard service is necessa ey and desirable to improve the cleanliness, appearance and sanrtatron of the City; and eo provide for the safety, health and welfare of the citizens; and wHExEAS, the City Commission of the City of Longwood, Florida has determined that granting an exclusive ces id ential household refuse and yard servrce franchise is _ necessary and desirable and would reduce the number of garbage trucks picking up garbage throughout the City and taus improve the safety of the residents by cedocing traffic in residential neighbo [hoods and; WHEREAS, the City Commission of the City o£ Longwood, Florida has determined that granting an exclusive residential household and yard service franchise is necessary and desirable and will pexmit the City to exercise control, enforce hours of operation, set standards of servrce and provide a proceduxe to ensure that customer complaints are resolved; and WN EREA S, the City Commi scion of the City of i Longwood, Florida has determined that granting an exclusive residential household and yard servrce franchise is necessary and desirable to reduce the number of vehicles operating within [he City thus reducing the wear and Bear on City streets. SECTI.QN__ONE: There is hereby granted to ind ,.rr _, Wa~G (herern called the "er anchisee"7, [ts successor and assigns, [he exclusive tight, privilege or franchise to collect household refuse and yard trash within the _ city of Longwood, semxnole County, Florida, from all residents of the City, during the term and subject to the £el low ing limitations and conditions as hereinafter set £o rth: o[ainanCe xo. na Page z a. "City" shall mean the City of Longwood, a Municipal Cocpo ration. b. "Commission" shall mean the City Commission of the City o£ Longwood. c. er an ch is ee" shad mean the individual, partnership, Or corporation who/which agrees, as hereinafter provided, to perform the work or service, o[ to furnish the materials or equipment, o[ both as set fo[th in this franchise. d. "Handicapped Persons" shall mean persons who ate certified by a licensed physician to be physically unable to transport garbage to curb or road frontage area from other areas of the persons' residential property and who reside alone or reside only with other persons likewise unable to tranaport garbage to curb or road frontage area. e. "Resident" shall mean a person, family or reaiden ti al unit benefiting from [eE USe collection servrce as provided by this Ordinance, meaning persons possessing or residing at property entitled to residential refuse collection. f. Household Refuse" shall mean all waste from and incidental to the use of homes, residences and dwelling units incl nding but not limited to newspape[s, magazines, crtcus fruit, wrappings, discarded clothing, empty flattened packing cases, packing materials, bottles, ashes, b[oken glass and garbage. Christmas trees shall be collected under the definition of household [efuse. Not included in the definition of refuse are any dead an rmals, dirt or earth. Construction or industrial waste material au cb as pl astee, lumber, concrete, bricks, rile or £izt ores resulting f[om building constructron, alterations o[ manuf actue ing peocesseH shall not be conside[ed ho us ehola refuse. g. Yard T[as h" shall mean all garden and yard trrmmings, leaves, branches, aquatic weeds and gc asses, and ail other simil a[ vegetation. ' Ordinance No. ]]4 Page 3 h. xo usebolds" shall apply to all single family and duplex dwelling units. Nul tiple dwelling units and 1 complexes having more than two dwelling units will be conside[ed a commercial establishment. x. "Container" shall mean a containe[ made of non-absorbent mat e[ial provided with a closely-fitting cover, side bail handles, and of thirty-two (32) gallon or less gcoss capacity or a waterpx oof bag of str engtn and material approved by the Commission. j. "Special Handling Service" shall mean an additional conv en rence or servrce to the custome[ which increases the cost of service and is not a service required to ~ be provided pals uant to this Ordinance. k. "Special Courtesy Service" shall mean service [endered by a franchisee whereby the franchisee collects at least twice weekly from the residences o£ handicapped persons, verified by the Commission, only an unlimited number of contaxners of household refuse from the side o[ rear of the dwelling unxt within an a[ea no fur the[ than one bundled (100) feet from the curb or othe[ public road floorage and an unlimited number of co ntaine[s or bundles o£ yard trash from the curb or other public road floor age area. xhis service shall be provided at no additional charge or fee beyond the Commission approved curbside servrce charge. 1. "Curbside Pickup" shall mean sere xce [ende[ed by a franchisee whereby the franchisee picks up an unlimited number of household refuse containers and yard trash. zacd flash sexv ice shall not exceed tn[ee (3) cubic yards each pick up day. Collection servrce shall be yxovided at least twice weekly at the curb or othe[ public road floorage area on days approved by the Commission m. Rear boor Yickup" shall mean se[v xce rendered by the Pr anebisee whereby the elan ch is ee collects at 1 least twice weekly from the [eq ueating resident only an unl Smlted number of containers of household refuse from the side o[ [ea[ of the dwelling unit within an aeea no fur to er than one Ordinance Wo. 774 gage 4 hundred (loo) feet from the curb or other public road frontage I and an unlimited number of containers or bundl ea of trash from the curb or ocher public road Frontage area, and, if possible, such trash shall be placed not more than three (3) feet from the cu[b or other public road frontage. n. "Haz a[do us Waste" shall mean naz ardo us, infectious, and special waste as defined rn Florida Adm inist[ative Codes and regulations, shall be collected and disposed of puzsuant to the above requirements and applicable federal zegul ations. 2. * rm ~. a. mne term of this Ecancnise shall be three (3) years from the effective date hereof provided, however, the City reserves the right to terminate the same prior thereto if the Franchisee defaults zn any of the tezms and conditions Herein specified. b. The term of this franchise may be extended unilaterally by the City Commission for up to an additional ninety (90) days on the last prevailing terms and conditions by giving notice in wrzting to the Franchisee at least thirty (30) days prior to the expiration of the original term. c. mhe tezm of this Eranch ise may be extended mutually by the City Commission and the erancnisee fox up to an additional three (3) years providing the City Commission gives notice in wcitinq to the Fz such isee at least ninety (90) Jaya pcioz to the expiration of the original term. 3. pyggytQpev of collection. All refuse shall be collected at frequencies not less than those specified in these rules and req ul ations. mne fzeg uency of collection is hereby established as follows: a. xg5ls¢}ypld-C4£Y&€ - at least twice each calendar week and at least (3) days apart. ~., b. acd m ash - at least twice each calendar week. c. ona [ly clean - Tna Francniaee will provide a special pickup once evexy three months on a day Ordinance No. 774 Page 5 mutually agreed upon between the City and the er anchisee to provide residents an opportunity to dispose of large items which t are not permitted dur log regal ac pickups, such as xef cigerator s, atov es, washing machines, etc. The City will pcov ide notice to residents concerning these pickups. 4. L€d.14d_sf_SS11. ~4i4-. All collection of xef use shall be made during the nou[s from 7:00 a.m. until 7:00 p.m. The Pr anch isee is hereby prohibited from collecting and picking up household refuse on Sundays and on the following holidays: New Year s Day, Labor Day, the Fou[th of July, Thanksgiving and Christmas Day. 5. _ see'=tisspnn s+ ~~,tty r eanl Ines o£ 1 oeeracxon. a. Customers shall be required to place all solid food waste in a sturdy plastic oc metal coot a[ner and covered with a tight fitting lid to prevent animals From li[te[in9 waste. Plastic bags, as defined in l.i., above, are permitted. b. Tne Franchisee shall be [esponsible fox cleaning from the streets and collection places all refuse spillage resulting f[om the F[anch is ee's operation. Each t[u ck shall be equl pped with an adeq ua [e shovel and broom for this 1 pu[pose. In addition, the Bran ch isee shall be responsible for removing and cleaning all oil, grease, paint, glass or other substance on the public stx eets due to equipment failure or [efase leakage xesulting from refuse operations. 6. Placi ot_j{o o~d x and Yard m ash. a. usehoid_ggfyg¢. Any or all types of household refuse shall be picked up at curbside from each family oc residential un[t. Franchisee will provide special courtesy serv rce to the rear of any [esidential unit for those handicapped individuals who request this service and are approved by the City at no additional chaxge beyond the curbside Z rate. Any resident (non-handicapped) may request rear door pickup for a satcharge of $2.OO pet month, subject to change by the commission. ordinance No. 774 Page 6 b. card mr ash. Any and all types o£ yard trash snail be picked op at curbside, or equivalent location on unpaved streets, from each family or residence unrt. Trash will be bagged, ei ed in bundles or placed in garbage containers. Tree limbs and snrubbery t[immings must be tied in bundles not exceeding three feet in length and not weighing more than 60 lbs. c. In all cases of collection, the Fl an cbisee shall carefully replace containers in an upright position in their proper location after emptying. The erancnisee, his agents and employees shall not throw containers to the ground, ~. or rn any other way break or damage same. ]. Non-CO~lectyJOe. when any refuse rs not collected by the Franchisee, he shall leave a tag on which he has indicated the reason for the refusal to collect. This information shall be ei Ner rn writing or by means of a check system. The tag shall carry the name of the Franchisee and telephone number and be securely fastened to the co nta>n er or the acts cle refused or placed on the front door of such residence. The Franchisee shall make and keep a duplicate copy of the tag for record purposes. r 8. Collection uipwg¢t. a. The Francnisee shall provide an adequate number of vehicles for regular collection services. Tney snail be kept in good repair, appearance, and in a sanitary condition at all times. Each vehicle shall have clearly vrsibl e, on each side, the name and [elepnone number of the £'r arch is ee and vehicle number not less than four inches (4") in height on the rear and side of each vehicle. b. Franchisee snail ceztify to the City within saxty (6D) days after the commencement o£ each franchise year ~., the nature and quantity of vehicl ea and equipment on hand and available for regular collection servrces and backup rn the event of any breakdowns. 9. Q#~jpg. The Franchisee shall establ iah and 0[din ante No. ]]4 page ] maintain a local office (Orange or Seminole County) or such other facilities thco ugh which it can be contacted, where servrce may be applied for and complaints made. It shall be equipped with sufficient telephones, shall have one (1) responsible person in charge dui ing collection hours and shall De open during collection hours. 30. Disposal. All household zefuse and yard trash for disposal shall be hauled to sites or facilities legally empoweced to accept it for treatment or disposal. 11. Shd[9.eS_dn 1~S~E,4. a. The F[anch isee agrees to peifoxm the services as stated herein at the rate of ¢'j~yL per month pex residence, rn cl uding all fees due the City. The Franchisee may petition the Commission far a [ate adjustment based on unusual changes, such as but not limited to, an xn crease xn disposal costs. b. The City of Longwood will perfocm the duties of billing and collection agent for all residential refuse secvzce except as provided in (c) below. $~~ of the monthly fee per residence shall be retained by the City to cOVer administrative costs. These fees may be adjusted as adminis tzative costs increase. c. items requiring special handling due to srze, weight, type of material, or method of placement and payment may be negotiated between the Fc anchis ee and the resident pr lox to collection. A copy of every bill tendered to cesident(s) shall be provided the City simultaneously. 12. payment o Fr arch is eg. The Franchisee shall deliver to the City each month an znvoxce stating the number of household collections made [n the previous month. The City shall pay Fc an ch isee within ten (SO) days the fee agreed to by bid, exclusive of any fees due the City unless such fees axe mutually amended by the Commission and the franchisee. ~ 13. andato _~ yjpg. All xesiden ti al units (single oc duplex) shall have service provided by the City's residential Feanchise. Owners o£ all residential units (single orainanee No, na eage e or duplex) sn all be responsible for bills rendered by the City. 14. gyyyjgg. The City sn all 6111 garbage custome[s on a monthly basis. 15. Oi scont'nue~5gryyc,~gr Delinq Went A unss. a. The Franchisee shall discontinue servxce when authorized by the City due to non-payment of monthly charges. 16. and s dn1~g_. Routes and schedules of collection sn all be subject to the approval of the City. The Franchisee shall pxovide the City with proposed schedules for collection routes and shall keep such information current at all times. it shall be the customer's responsibility to place ~. refuse at the appropriate location for collection before the approved pickup time. 1'I. Comol aims. All complaints shall be resolved within twenty-four (24) nonxa. Tna er an ch is ee shall sapply the City with copies of all complaints on a form approved by the City and indicate the disposition o£ each complaint. Such records shall be available for Ciry inspection at all times daring business hours. The form shall indicate the day and hour on which vt was resolved, the name of the complainant, the nature of the complaint and the manner of resolution. When a complaint rs received on the day preceding a holiday, a Saturday, or on a Sunday, it shall be serviced on the next wo rkinq day. 16. No of icatfon. The Fr an<h is ee shall notify all castomers about complaint procedures, rates, regulations and days of collection. 19. h' er~y. a. Tne Franchisee shall assign a qualified person to be in charge of his open ataons vn the City and shall give the person's name to the City; information regarding experience snail also be furnished. ~ b. Franchisees collection employees shall start each day in a clean uniform bearing the company's name. c. F.ach employee driver shall, at all times, Ordinance No. 774 Page 9 carry a valid opecator's license for the type of venicle ne is 1 dcvving. d. The City may request the dismissal of any employee of the Franchisee who violatea any provision Hereof or who is wanton, negligent, or discourteous in the performance o£ nia anties. e. Tne erancniaee enau proviae operating ana safety training for all per sorrel. f. Tne Franchisee sn all comply with the Equal Employment Opportunity Program, the Fair Labor Btanda[ds Act and all other applicable Federal and State Statues pertaining to Fait Employment practices. ~ 20. Compliance with Laws. The right is hereby reserved Eor the City eo adopt, in addition to the provisions herein contained and existing applicable ordinances, such additional regulations as is snap find necessary in the exerca se of the police power, provided that such regulations by ordinance or otherwise snail be reasonable and not in conflict with the intended purpose of this ordinance. The Franchisee snail conduct operations under this ordinance in compliance with all applicable laws and its failure to comply shall constitute a default hereunder. Tne francnise shall not be construed to 1 repeal or rev rse any existing ordinance and to the extent that any provision o£ This francnise is inconsistent with any existing ozdin ante, then such existing ordinance shall prevail and control. 21. erformance Bond. The franchisee shall furnisn to the City a Pezfo[mance Bond executed by a surety autno tired to do business in the State of elozida in the amount o£ $200,000. 22. L; an;liTv_. mhe privileges herein granted axe upon the express conditions that the Franchisee shall be liable for all damages or injury to persons or property caused by its 1 neglect or mvsmanagement, or by the actions of any of its employees while engaged in the operations hex ein authorized. snould the City of Longwood be sued therefor, the Franchisee oratnance No. ]~4 Wage l0 shall be notified of such suit, and thereupon it shall be its r duty to defend the suit, and should it go against the Ci [y in any case, Franchisee shall forthwith pay the same. The Franchisee shall indemnify and hold harmless the City, its agents, offices, and employees from any judgment recove[ed by anyone for personal injury, death or pcoperty damage sustained by reason of any of the er anchisee's activities pexmi tt ed by this franchise, and shall pay all expenses, including costs and atte rney's Eees, in defending against any such claim made ag ainat the City ox any of the City's agents, officers or employees. er anchisee further agrees to puxchase public /~ liability and propel ty damage ansu[ance vn the amount of $250,000 pet person and $5,000,000 pet accident, event oc occu [ren ce and $250,000 prope[ty damage, naming the City as an additional vns ur ed to the extent of its tights against Franchisee a[ising by vvrtue of this section. The insurance policy will p[ov ide that the City shall be given fifteen (15) days written notice pcior to cancellation o[ modification. A copy of said policy of ins u[ance shall be filed with the City Clerk on or before the effective date of this franchise. 23. Licel,~sgs. The Franchisee shall, at its sole expense, peoc ure from all governmental authorities having r jurisdiction ove[ the ope[ations of the Franchisee, including the City, all licenses, cextif icates, permits ox othe[ authorization which may be net essaxy for the conduct of its ope[ations. The Franchisee shall pay all taxes, licenses, ter ti£ication, permit and exam vnation fees and ex cvses which may be assessed, levied, exacted o[ imposed on its property, on its ope[ations, on its gross receipts, and upon this franchise and the rights and pcivil eges granted herein, and shall make all applications, reports and retu[ns required vn connectvon therewith. r 24. k C t' The P[an<h is ee shall vn the State of Flo[ida, a policy [hat falfills all the Ordinance No. ]]4 page 11 requirements o£ the Workmen's Compensation Act eE said State, 1 rncl uding all legal requirements for occupational diseases. 25, ss ignmen No assignment of franchise or any right occu[ri ng under this ordinance shall be made in whole or rn pact by the Franchisee without the express written consent of the City. In the event of any assignment, the assignee shall assume the liability of the Franchisee. 26. Books and ReNgtdE. The Flan ch isee shall keep records of household refuse collected and numbec of customers served and payments received from the City and residents foc servrce performed. The City will have the right to review all records of the Franchise. 1 27. ~ nkruptcy insolvency. if the er anch isee becomes insolvent or if the Franchisee files a petition o£ voluntary or rnvoluntary bankruptcy, then this Franchise shall terminate in no event later than the date of filing of the bankruptcy petition. 2B. Rnl es and procedures. Rules and proceduc es req sired of the franchisee are contained in attachment 1 hereto, and they are hez eby made part of this ordinance by cef er tote thereto. Rules and procedures shall be changed by ordinance. 29. anaara o£ nerfsaiaepe. a. if the Franchisee fails to collect materials herein specified foz a per lad cn excess of five (57 consecutive working Jaya or fails to operate the system in a satisf acto zy manner, fora simil ai period, the City may move as follows (provided such failure is not due to war, inssr cection, riot, Act of God, or any othez cause beyond the Franchisee's control): (1) At its optfo n, after written notice to the Franchisee as hereinafter required, cake over and operate any or all of the Franchisee's equipment used in the pe[formance of this agreement. (2) Use and operate same itself until such ~ matter rs resolved and the Franchisee is again able to carry out its operation unde[ this Eranchia e. Any and all ope[atirtg 0[dinance No. ]]4 Page 12 expenses incurred by the City in so doing may be deducted by it from compensation to the ecan ch isee hereunder. b. Duf ing such period, there shall be no liability of the City to the F[anchis ee for loss o[ damage to such equipment. Oaring such period the City shall be deemed to be operating Franchisee's equipment as an agent of Fr an<hisee. Tne liability o£ the Franchisee to third persons shall remain and all claims or demands acistng out of the operation of the collection service shall be the [esponsibility of the Franchisee who shall indemnify and hold harmless the City, as rs indicated vn par agrapn 20 hereof. c. Provided, however, if the Franchisee rs unable for any cause to resume performance at the end of fifteen (15) calendar days, all rights Df the Franchisee under this franchise shall cease and the City shall be free to negotiate with other individuals, partne[sh ips, corporations o[ agencies, called New Franchisees, for the operation of said collection service. Sucn operation with another new er anch isee shall not release the Franchisee herein of its liability to the City fox such hreaen of this franchise. In the event that this contract rs so nego ti at ed with a New Franenisee or other New F[anchis ees, third party liability of the F[anch isee herein shall te[minate [nsof a[ as same arrses from toctrous conduct in operation of the collection service. in case o£ termination and City operation, the City shall have access to Franchisee's records for the purpose of obtaining information required. 30, PP';EEaLL~ a. The failure on the part of the F[anch isee to comply in any substantial reape ct wieh any o[ the provisions of this ordinance shall be grounds for a forfeiture of this franchise, but no such forfeiture shall take e£f ect until the City has served upon the Francnisee wrvtten notice o£ default, which notice shall set forth the nature and extent thereof. The Franchisee shall have fifteen (15) days following the notice of default to coi[ect the same. If the Franchisee pcotes to the reasonableness o[ piop[iety of the City's decl aration~ said Ordinance No. ]]9 Page 13 protest shall be served upon the City Sn wrrting within ten (10) days follow tnq receipt by the Flan chisee of the City's notice. 1 b. If the City and Franchisee cannot agree as to the reaso nabl mess or propriety of the City's decl ax ation of default then the issue shall be promptly submitted to arbitration. Three arbi tratora shall co nstitate a board of Arbitration, one arbitrator to be selected by the city, one by the Franchisee and one by the arbitrators so selected. The aoard of Arbitrators shall notify the City and the Franchisee of their determination of the reason abl eneas and propriety of the City's declaration of default not later than thirty (30) days following submission of the issue to the Board. ~ c. mhe purpose of this section is to enable the City and the Franchisee to resolve by arbitration such differences as to ey may be unable to resolve by mutual agreement. Nothing contained he[ein shall be construed to limit oz cestrict the legal rights and powers of the City or the Franchisee. 31. A' h i p f y~psg, The failure to the City at any trme to cegui re performance by the Franchisee for any provisions hec eof shah in no way affect the eight foz the City thereafter to enforce same. Nox shall warver by the 1 Ci [y of any breach of any p[ov isions hereof be taken o[ held to be a warver of any succeeding breach of such provision or as a waiver of any px ov ision itself. 32. Aod ifiL.ati4Il. This franchise const mutes the enure agreement and understanding between the parties hereto and, and it shall not be conside[ed modified, altered, changed oz amended in any respect unless rn writing and signed by the parties hereto, and adopted as an amending franchise ordinance. 33. NoSSC€. As required For any purpose rn this franchise, notrce shall be addressed and sent by certified United States mail to the City and the Franchisee as follows: ~ 2/2/e] Ordinance No. ]]4 Page 14 Ci TY - City Clerk City o[ Eongwood City Hall 1]5 West Warren Avenue Eongwood, el 32]50 PHANCHISEE la. xem rn~vs' £ees nst. All remedies provided in this franchise shall be deemed cumulative and additional and not in lieu of exclusive of each other or of any other or of any other remedy available to the City at law or in equity. In the event the City shall prevail rn any action arising Hereunder, Branch is ee shall pay to the City its costs referable thereto, rn cl uding attorneys' Fees. 35. c~a yggs. THe Headings of the sections of this f can chile are for purposes of conven rence only and shall not be deemed to expand or limii [he provisions contained rn such section. 36. Warr my o£ ecanchisee. The Franchisee represents and wacr ants unto the City that no officer, employee, or agent of the City Has any interest, eitfier directly or indirectly, in the business o£ Franchisee to be conducted nereenaer. 37. Am ndmgHt. The City ces ewes the right to amend Ch is ordinance in any manner necessary for the health, safety, or welfare of the public, and the Ci cy reserves the right, rn the public interest from time to time, to pees cr ibe reasonable rules and regulations governing Franchisee`s operations. 38. Financial and Character oatygg. All owners and officers of every Refuse service Company that wishes to bid for this Franchise shall be subject to a complete financial and character investigation to be conducted by the Eongwood police bepartment. Prospective bidders shall be 2/2/B] orainance No. na Page 15 req aired to submit requested information and documents to the .r Police nepa [tment and otherwise fully coope [ate with said rnvestigation, ea it are to submic the information requested ox submission of any false information to the City of Longwood as part of the investigation or bid pcoposal shall disqualify The bidder from co nsidexation fo[ this Franchise. SECTION TWO: S b'1'±y. The provisions of this ordinance are decl ax ed to be separable and if any section, sentence, clause or phrase of this ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses and phc as es of this ordinance but they shall remain in effect, it being the legislative rnt ent that this ordinance shall stand notwithstanding the invalidity of any pax t. seCTiON THR_F.~. ~Agce mhis ordinance shall be effective on April 1, 198], oc upon its final passage, adoption, and acceptance, whichever is later. Fxxsm HEADINC:_ anu 4 /9 /967 SECOND HEADING: ~~( ~~ ~IP7 __ .~ PA55£D AN- ADOPTED THIS ~ DAY OF19$'~ W ~~~/1- _ mayor, City of Longwood, Florida ATTEST: Ci ty Clerk 2/2/8] Ordinance No. ]]4 Page 1fi ACCEPTANCE n_ __ _ __ - mhe £or egoinq oedinan ce and the franchise provided for therein and all the terms and conditions thereof a e hereby accepted, approved and agreed to this i7~ day of _~ .[... - 19~. FAANCN251:6 ~j~/- By: G"'~~ r ADDENDUM TO ORDINANCE NO. ]]4 IMPLEMENTING THE CITY OP LONGWOOD RESIDENTIAL FRANCNIPE COLLECTION OR-INANCE PART 1. REGULATIONS FOR FPANfurece 1. Franchisee shall nOt park trucks in [esideniial areas except for loading purposes. 2. Franchisee shall marntarn a listed, local city/county telephone number by company name which shall be manned dating hours of operation, on scheduled collection days (except holidays, as approved) by the Commission. if crtrz ens find that the company cannot be contacted in a reasonable time, the City may require rnstall ation of additional telephones and telephone operato cs. Answering services are not acceptable. The er anch is ee shall have at ~ all times a competent and reliable [ep[esen tative at the office authorized to act for it. 3. All custome[ complaints shall be resolved within twenty-font (24) hours of notice. Complaint forms shall show the date, time and disposition of the complaint, the name of the complainant and the action taken. These zeco rds shall be marnt alned rn writing by consecutive date and shall be opened to inspection by the City during business hours. 4. e[anch is ee shall supply to customers a printed information card containing information on rates, general information, ,~ customer responsibility, complaint procedure, collection ~- schedules, holiday schedules, etc. Such information shall be approved by the Cify and may not be distributed prior to such approval. -istribution shall be nude by the Fcanch isee as approved by the City staff. 5. In the event of equipment breakdown, a shortage of employees, or other causes which will o[ might delay regular serv rce for more than one (1) day, the Franchisee shall rmmediately notify the City Administrator. 6. Employees of Pr anch is ee shall be courteous with <as<ome[e, Addendum - 0[d. ]]4 Page 2 shall be neatly dressed, and shall wear identification either by uniform, insignia or other device which will r readily identify the employee and Franchisee. Employees shall [epl ace contarners rn carts or otherwise place containers so as to prevent damage. ]. Fc anchisee shall respond to new entitlements for resident se[v ice within two (2) working days and shall provide new customers with the information required under rule No. 4. 0. Franchisee shall be fam it ia[ with all provisions of the City of Longwood Residential Refuse Collection Ordinance. 9. equipment shall be maintained in a respectable manner and shall meet all Occupational Safety and Realth Act requirements. I 10. The Franchisee must provide the Commission with names and addresses of all persons who are officers, managers, and owners of said Franchisee. Companies registered to sell stock over the counter ox upon a listed exchange shall not be ceq ui red to provide names and addresses of owners. 11. Franchisee shall not use a fiem name containing the words "City of Longwood" or other words implying City ownership. 12. each [ruck shall at all times have in the cab a facsimile o£ the registration of the truck, of the certificate of rnsurance, and an identification card with name o£ whom to r telephone rn case of an accident. 13. Palm fronds, tree limbs, and other trash not subject to containerization must be securely tied and bundled and shall be picked up at the curb SE cut to a length not to exceed three feet or sixty (60) pounds in weight. 14. The Fcanch is ee shall p[ov ide for a qua rte[ly curbside pickup of discarded appliances and household furnishings. A minimum of thirty (307 days advance notrce shall be provided by the City. 15. Hazardous, infectious, and special waste as defined rn Florida Administrative Code and regulations shall be r collected and disposed of pursuant to the above requirements and any applicable federal [equlatie n. Addendum Ordinance ]]4 Page 3 16. Sn the event an excessive amount of debris or refuse has accumulated by reason of a storm, natural disaster, severe disturbance, riot oz other calamity, the '/ City shall pay the Franchisee for such additional service upon certification by the Fr artch isee o£ the payroll, equipment, and disposal costs. The City shall give official recognition to the emergency and shall provide notice to the Fr anchisee of [he serv ace [equi red by [he City. All invoices submitted by Franchisee for such additional services shall be subject to approval by the City. 17. The Franchisee shall make available to any ces ident at its principal place of business, upon the resident's request, any pertinent information rey arding the aervrce rendered. 1 The Franchisee shall have on file for inspection upon request of the general public at each of its principal places of business the following: A. A copy of the form of contract relating to the service area of the er anchisee; s. A copy o£ the applicable City ordinances, resolutions, rules and regulations; C. A map showing the a[ea serviced by the £[anchisee; and D. A leo ible notice placed in a conspicuous place in the office to the effect that a copy of the '~ foregoing are kept there for inspection by the general public. 18. Franchisee shall provide garbage and trash serv rce at least twice a week to all municipal £aciliti es owned and/or operated by the Ciey of Longxood at no cost to the City. Franchisee shall provide garbage containe[s. Service locations include, but are not limited to: A. City Nall D. Community Center C. New Police Station D. Old Police Station 1 e. All Parks and Playgrounds - ~ Addendum - 0[dinance ]]0 Page 4 1. 2. F. Public Works and Facilities G. watez Plants e. Sewer Plants I. FS[e Stations The Franchisee may subcontract for this servace with the approval of the subcontractor by the City. PART II REGULATIONS FOR CUS~$Ra^ Containezs shall be watertight and of impervious mat e[ial, provided with a tight-fitting cover suitable to protect the contents Erom flies, insects, tats and other anvmals, or a waterproof bag safely and securely closed, o£ a type approved by the Commission or Health Department, and not exceeding thirty-two (32) gallons capacity nor sixty (fi0) pounds Sn weight, including container, when full. The container shall not have any inside structu[es, such as inside bands o[ [einfot cing angles, which might p[event the free discharge of the contents. Containers shall be flee of jagged or sha[p edges. (a) k~a~29£n ~4L:.4-SP1IlEdb_£9t_CS~L$4IIL_@3£k_t1p. Garbage containers shall be within side o[ rear yards, at or neat g[ound level and located so as to be easily accessible to the collector and within an area no fu[ther than one hundred (100) feet from [he curb or other public road frontage. Trash containers shall be placed as near to the cu[b or road surface as safely posaible~ and, if possible shall be placed not mote than three (3) feet f[om the ca[b or public roadway abutting the customez's p[operty. Custome[s must enso[e that containers may be picked up without interference from pets o[ other sourcea and that the safety o£ the collecto[ not be threatened. (b) Placement of containers for curbside p;plf -ap. Contai nets shall be placed as near the curb o[ public road sur Eace as safely possible, and if possible, shall be placed not mole than three (3) feet f[om the paved or improved zo adway abutting the custome['s p[operty. Cont ai nets shall be removed within twelve (12) hours Addendum - Ordinance ]74 Page 5 after collection. Containers shall not be placed at cux bside more than twelve (12) hours prior to collection. '~ 9. Each customer shall display a house number rn plain vaew from the street if such a numbe[ has been assigned to the prem rses by the County or other goverrm~ental authority. 5. C~L16YIDda-s.€av3~e. Cardboard boxes, wrappings, and Christmas trees shall be placed at the curb and picked up without restriction except as to weight. 6. TigSh. Customer's shall ensure that palm fronds, tree limbs and other trash not subject to containerization shall be secucely tied and bundled, placed at the curb and cut to lengths not to exceed three (3) feet nor weight of sixty (60) pounds. ~. Naz ardo us, infectious ana aoeci al stg as defined xn Florida Administrative Code and regulations shall be prepared by the cu stomexs for disposal rn a manner consistent with the above requirements and any applicable federal regulations. 8. Vacan$~p 7-.~. waste collection servxcea for vacant lots shall be subject to negotiation between the Franchisee and the owner ox other party deelring such sere rce. It will not ~ be the responsibility of the Franchisee to remove waste xesul ring Erom cleaning property for building purposes. 9. Biliina ent. (a) The City shall prepare and deliver bills to all residential units on a monthly basis. Bills for serv i<e are due and payable in the month serv rce rs given. Bills Eor service a[e due on the 10th of the month with a Five dollar (55.007 late charge added after the 15th of the month. No credit can be given for vacant peoperty unless written notice is received by the City at least 30 days prior to ~ vacancy. (b) aesidents requiring rear door pick up, where a charge vs made, shall be liable for at least 6 months of cha[9 es.