§ 11-211. Commercial solid waste collection.

The board is hereby authorized to grant non-exclusive franchisees the right and privilege to collect and dispose of solid waste from commercial business establishments and multi-family dwelling units subject to the conditions and limitations contained herein.

(1)

Agreement. After December 31, 2017, no person or entity shall provide for the collection and/or disposal of solid waste from commercial business establishments and multi-family dwelling units without a valid franchise agreement. Said franchise agreements will contain the name of the franchisee; the length of the franchise agreement; the consideration to be paid for such franchise agreement and the method of payment; the service to be furnished; the amount and method of payment to the authorized franchisee for performance under the franchise agreement; the performance bond and the conditions thereof to be furnished by the authorized franchisee; and such reasonable rules and regulations governing the performance by the authorized franchisees as are deemed necessary. All franchise agreements shall run on a two year cycle, the first beginning January 1, 2018.

Violations of this section may be prosecuted in the same manner as misdemeanors are prosecuted. Such violations shall be prosecuted in the name of the state in a court having jurisdiction of misdemeanors by the prosecuting attorney thereof and upon conviction shall be punished by a fine or by imprisonment in the county jail not to exceed 60 days or by both such fine and imprisonment.

(2)

Exceptions. Said franchise agreement shall not affect the ability of any general contractors, landscape contractors, or any other commercial enterprise to self-haul commercially generated waste, nor shall it affect the ability of any commercial business establishments and multi-family dwelling units to self-haul generated waste. Collection and transport of construction and demolition debris shall not be affected by said franchise agreement.

(3)

Manner of collection.

a.

Frequency of collection. The franchisee shall collect solid waste from commercial business establishments and multi-family dwelling units at a minimum of one time per week and at a frequency to be negotiated by the franchisee and commercial business establishment or multi-family dwelling units. Franchisee shall not mix solid waste with recyclables.

b.

Numbers and types of containers. The franchisee shall provide containers for the accumulation of solid waste as necessary. The size of containers shall be mutually agreed upon by the commercial business establishment, multi-family dwelling units and the franchisee. Where it is not possible or practical to use containers, the franchisee shall provide carts for commercial and multi-family dwelling units solid waste collection service. All containers shall be painted (with the exception of roll carts) and have franchisee's name, phone number, and container size clearly displayed. No advertising shall be posted on containers. Containers shall be maintained in accordance with general industry standards including being rust-free, having drain plugs installed to retain storm water and prevent leaching, and having lids in proper, safe, working condition.

(4)

Franchise non-transferable. Franchisee cannot assign, subcontract, sell or transfer its franchise or any right occurring under the franchise agreements without first obtaining the express written approval of the board. Assignment shall include any transfer of 50 percent of stock and control of franchisee. The board shall have full discretion to approve or deny, with or without cause, any subcontract, any proposed assignment or assignment by franchisee. Any assignment or subcontract of the franchise agreement by the franchisee without the express written consent of the board shall be grounds for the board to declare a default of the franchise agreement and immediately terminate the franchise agreement by giving written notice to franchisee. Upon the date of such notice, the franchise agreement shall be deemed immediately terminated.

(5)

Protection of private and public property. Franchisee acknowledges that collection points on rights-of-way are frequently co-located with other utility easements. Therefore, particular attention shall be given to the location of water meters, transformers, guy wires, utility poles, and irrigation structures. Authorization to use the easement does not abrogate franchisee's responsibility to exercise caution in relationship to the property of other authorized users. Franchisee shall take care to prevent damage to all public and private property while conducting collection and disposal services, including, but not limited to, buildings, monuments, markers or fences, vehicles, pipes and underground structures, storm water inlet covers, gutters, curbs, public streets, trees and tree canopies, flowers, shrubs, and other plantings. The county acknowledges this does not preclude normal wear and tear of streets resulting from normal use by franchisee.

(6)

Vehicles.

a.

All of franchisee's collection vehicles shall have waterproof seals and shall be watertight to a depth sufficient to prevent the discharge or leaking of liquids that have accumulated in the vehicle's cargo area during loading and transport operations.

b.

All vehicles used to provide collection service shall be equipped at all times with: (a) all safety supplies, equipment, and first aid supplies required by applicable laws; (b) a fire extinguisher; (c) a heavy-duty broom, a rake, and a large dustpan; and (d) a spill response kit; and (e) an audible back-up warning device. The spill response kit shall be suitable and adequate for cleaning up any leaks or spills of oil, hydraulic fluid, or other liquids from franchisee's collection vehicles.

c.

Franchisee shall monitor, maintain and repair its collection vehicles and equipment, at a minimum, in compliance with the manufacturer's recommendations and applicable law. Oil/hydraulic systems and waterproof seals/enclosures shall be kept in good condition at all times to prevent spills and leaks.

d.

Franchisee shall keep all collection vehicles and equipment cleaned to minimize the potential for odors and nuisance conditions.

e.

Franchisee's vehicles shall clearly display franchisee's logo, name, and telephone number printed in letters not less than four inches on each side of the vehicle.

f.

Franchisee vehicles shall be numbered with numbers not less than three inches high on the front of the vehicle for identification upon approaching the gatehouse at each designated facility.

g.

The county reserves the right to conduct periodic inspections of operations, vehicles, and equipment to ensure compliance with federal and state commercial motor vehicle statues, as well as requirements of this agreement.

h.

The county reserves the right, at its discretion, to require a vehicle be taken out of service for habitual maintenance issues that cause excessive wear and tear on streets.

(7)

Record keeping. Franchisee shall maintain records in accordance with generally accepted management principles and practices. The county shall have access to such books, records, data, documents, and other reports during normal operating hours. Franchisee will provide proper facilities within Okaloosa County, Florida for such access and inspection. The Florida Public Records Act, Chapter 119, Florida Statutes, may have application to records or documents of the franchisee and franchisee agrees to comply with all such laws. The county shall have the right to perform audits of franchisee's records at the county's expense, whenever the county deems it necessary.

( Ord. No. 17-05 , § 3, 4-4-17; Ord. No. 17-21 , § 1, 10-3-17)