(A) Collection by private contractor. All garbage, recovered materials, solid waste, and rubbish, as defined in § 50.01, shall be collected, conveyed and disposed of by the city except as herein provided. No person, partnership, association or corporation shall collect, convey or dispose of any garbage, recovered materials, solid waste rubbish, construction and demolition material, rocks, or soil accumulated in the city without first having obtained a permit from the Director of Public Works or his/her designee. The issuance of a permit, as described above, gives each private contractor so permitted a franchise to collect garbage, solid waste, rubbish, construction and demolition materials, rocks, and soil within the city. A permit shall be issued only upon the criteria set forth in divisions (B) and (C) below.
(B) Permit required. Any person, partnership, association or corporation who wishes to collect, convey or dispose of any garbage, recovered materials, solid waste, rubbish, construction and demolition material, rocks or soil accumulated in the city must have been granted a permit from the Director of Public Works or his/her designee. The completed application for a one-year permit to collect, convey or dispose of any garbage, recovered materials, solid waste, rubbish, construction and demolition material, rocks or soil accumulated shall be on file no later than September 30th and shall include a fee, as applicable under division (C)(2) below.
Each applicant shall submit, in writing, a list of qualifications, including:
(a) Evidence of adequate number of trucks to provide service, and backup level to properly service number of customer accounts; including one backup truck for every five trucks in service.
(b) Certification of proper and adequate insurance coverage of not less than $500,000 per occurrence public liability insurance.
(c) Demonstration that the permit applicant owns and maintains in good condition the various types of trucks, equipment and compaction units to provide the level of service desired by the city.
(d) Evidence of sufficient maintenance ability to meet the service needs of the number of trucks and equipment to be used by permittee.
(e) Demonstration that a local business office with a local telephone number will be operated to provide adequate response to customer inquiries or complaints. The office must be in Dade or Broward County. The telephone number must be a toll-free call from the city.
(f) Name, address and telephone number of the person to be contacted by the city with reference to the operation of this section.
(g) Names and addresses of the owners of the company making the application. If the applicant is a corporation, this includes a list of all officers and directors of the corporation. If the applicant is a partnership, this includes a list of all partners.
(h) The applicant shall provide a list of all convictions within the past ten years in federal court, or the court of any state for violation of anti-trust, anti- competitive, racketeering or fraudulent practices laws with a brief description of the circumstances. The applicant shall also list any and all indictments, charges or investigations against the company within the past ten years pertaining to the above referenced matters with a brief description of the circumstances. This division also applies to all individuals listed in division (B)(1)(g) above.
(i) The applicant shall list any and all cities and counties from which the applicant or the principals have voluntarily or involuntarily withdrawn service during the five-year period immediately preceding the date of the application. The applicant shall also list any and all franchises issued to the applicant which have been voluntarily or involuntarily withdrawn, suspended, revoked or abandoned by either the issuing governmental entity or the applicant for the five-year period immediately preceding the date of the application with a brief description of the reason for such withdrawal. The applicant shall also provide a list of cities and counties where it is currently or has in the past provided service.
(j) The applicant shall submit evidence that a recycling program is in place and available to customers and shall comply with all state, county and local regulations for providing recycling services. Monthly reports shall be submitted to the Environmental Services Division, indicating the types of materials and tonnage recycled, shall include proof that the materials were recycled and a list of recycling customers. However, recovered materials dealers who fall within F.S. Ch. 403 shall submit their quarterly reports in accordance with the state laws, rules and regulations. Recycling programs may include materials listed in § 50.04(B).
(C) Issuance of permit.
(1) (a) In determining whether to issue a permit, the City Manager or his/her designee shall consider the information provided by the applicant under division (B), above. The City Manager or his/her designee shall determine, based on these criteria, whether the applicant has sufficient experience, ability and expertise to allow the applicant to successfully operate within the City in accord with all applicable laws and regulations.
(b) In analyzing the information provided in division (B)(1)(h) and (i), the City Manager or his/her designee shall consider the number and seriousness of the specific incidents listed, and whether any penalty imposed has been satisfied.
(c) After evaluation the permit application pursuant to (a) and (b) above, the City Manager or his/her designee shall either grant the permit which includes the permit requirements set forth in (d) below or deny the permit.
(d) Permit requirements. In addition to the regulations set forth in this chapter, the permit holder shall also adhere to the following requirements:
1. Hours of service will be limited pursuant to the city's noise ordinance, Chapter 100, specifically § 100.07(J).
2. All vehicles shall be clean, in good working condition and shall adhere to the maintenance schedule set forth in the applicant's permit application.
3. All pick up of food and other putrescents which may cause odor or vermin complaints shall be at least twice a week, regardless of the size of the container.
4. A one cubic yard container capacity is the minimum required for every ten residential units.
5. The City Manager shall designate a facility or facilities and then require that all persons, holding a permit to collect solid waste within the city shall deliver such solid waste to the designated facility or facilities. A failure of a permit holder to comply with this requirement shall be grounds for immediate revocation of the permit. When required in writing by the city for recycling purposes, the private contractor shall deliver solid waste collected in Hollywood to a designated recycling facility in Broward County. Notwithstanding anything to the contrary contained herein, a person holding a permit to collect solid waste within the city shall not be required to deliver to a designated facility solid waste destined for interstate commerce.
6. Current private contractor accounts must comply with all provisions of this chapter.
7. Service will not be discontinued unless written notice is delivered to the address receiving the service a minimum of five days prior to the discontinuance of service, with a copy of the notice being sent at the same time to the Director of Public Works or his/her designee. If garbage service is discontinued, the contractor shall not leave a loaded container at the service location.
8. The private contractor shall not enter into a contract to provide sanitation services anywhere in the city for a term that extends beyond the expiration date of its permit in effect on the effective date of the contract, unless such contract specifically provides for automatic and immediate termination if the contractor is not issued a permit for any succeeding year that begins during the term of the contract. Any contract entered into in violation of this paragraph is void as against public policy. Because the contract is between the contractor and the customer, the city will not become involved in any contract dispute between the contractor and the customer.
9. The private contractor will provide the Director of Public Works or his/her designee with documentation on a monthly basis which evidences that it has a recycling program in place and has offered such program to its customers.
10. All persons who hold a current permit for garbage, solid waste, rubbish, construction and demolition material, rocks or soil collection must file a current customer list with the Director of Public Works or his/her designee and must update such list with the Director on a quarterly basis. The customer list must be in alphabetical order and contain the customer name, address, frequency of service, the type, quantity and size of containers for garbage, solid waste, rubbish and recycling customers. The recycling customer list should also delineate the types of materials recycled.
11. All changes in accounts, whether additions or deletions, sizes, or frequency, shall be reported in writing to the Director of Public Works or his/her designee within three days of such change.
12. A permit holder shall respond to and, if feasible, resolve all complaints received by 12:00 noon on any business day by 5:00 p.m. of the same day and shall respond to and, if feasible, resolve all complaints received after 12:00 noon on any business day by 12:00 noon the next day. An emergency telephone number where the permit holder can be reached shall be given to the Director of Public Works or his/her designee. In the event legitimate complaints shall exceed 2% of the total customers served by the permit holder during any city fiscal year, or 0.5% of the total customers serviced by the permit holder during any calendar month, the city may revoke the permit and/or seek fines pursuant to Chapter 36 of Hollywood's Code of Ordinances.
13. A permit holder shall not be deemed to be an agent of the city and shall be responsible for any losses or damages of any kind arising from its performance or nonperformance under its franchise. The permit holder shall defend at its own expense or reimburse the city for its defense, at the city's option, on any and all claims and suits brought against the city, its elected or appointed officers, employees and agents resulting from the permit holder's performance or nonperformance of service pursuant to the franchise and its contracts with its customers.
14. The term of all contracts entered into, and the term of all renewal periods commencing after October 6, 2010, shall not exceed one year.
15. Prior to the expiration of any contract, including any renewal period, the private contractor shall provide, not less than 60 days prior to the expiration of the contract, written notice to the customer advising the customer of the expiration date and the terms and conditions under which the contract may be renewed.
(2) Permit fee. The fee for a permit shall be set by resolution of the City Commission. All permits shall expire each September 30. A new application and fee is required for each permit. Permits are not assignable or transferable.
(3) All changes in accounts, whether additions or deletions, size, or frequency, shall be reported in writing to the Director of Public Works or his/her designee within three days of such change.
(D) Appeal to City Commission upon denial of permit; retention of application fee.
(1) Any person who applies for a permit for garbage, solid waste, recycling, rubbish, construction and demolition material, rocks or soil collection and is refused such a permit may appeal directly to the City Commission for a review of the decision of the City Manager or his/her designee. Any such appeal must be filed within two weeks of the denial.
(2) Said appeal shall be forwarded in writing to the City Manager for placement on the Commission agenda and shall state:
(a) The grounds for appeal with specificity.
(b) Why, in the opinion of the applicant, the City Manager or his/her designee erred in not issuing a permit to the applicant.
(3) If a permit application is denied and no appeal is taken under division (D)(1) or if the Commission upholds the City Manager or his/her designee’s denial of a permit, the City Manager or his/her designee shall refund the money submitted under division (B) above, less $250, which is to be retained as the application fee.
(E) Revocation of permit. Should any person who holds a permit, as described above, violate any of the provisions of this section or fail to do a required act of this section, he or she shall be subject to the following:
(1) Should the Director of Public Works determine that a permittee is operating in a manner harmful to the health, safety or welfare of the citizens of the City, based upon the requirements of divisions (B) and (C) above, or in violation of said requirements, he shall notify the City Manager of that fact in writing. If the City Manager concurs with the determination of the Director of Public Works, he shall place on the Commission agenda the matter of revoking the permit for collection of garbage or rubbish.
(2) Such agenda item shall be publicly advertised in a newspaper of local circulation and written notice of the charges against the permittee shall be sent to it at least 14 days in advance and shall also contain the date, time and place of such agenda item.
(3) After consideration of the matter, and allowing the permittee to be heard, the Commission may revoke the permit. The criteria to be used by the Commission shall be the criteria set forth in divisions (B) and (C) above.
(4) Should the permit be revoked, the former permittee may seek review of such action in Circuit Court by filing the necessary petition with the Clerk of the Court within 30 days of the City Commission decision. Any Contractor so terminated shall not be eligible to apply for a new permit until 365 days after the City Commission decision.
(F) Franchise fee. A franchise fee on commercial accounts shall be established by resolution of the City Commission. Private contractors shall be solely responsible for remitting payment for the franchise fee to the City based upon the gross receipts of the private contractor. The private contractor shall remit the franchise fee payment along with the remittance form which shall be provided by the Director of Financial Services or his/her designee.
(1) The Contractor shall provide the City Manager or his/her designee, the following information, no later than the 15th of each month in order to determine the applicable franchise fee:
(a) The total amount of monies received in the preceding month and the year-to-date total for commercial collection service; and
(b) Total amount of monies received for hauling, storing and disposal of recovered materials in the preceding month and the year-to-date total.
(c) The gross receipts, determined by subtracting the amounts provided pursuant to division (F)(1)(b) of this section from the amounts provided pursuant to division (F)(1)(a) of this section. Such information shall be updated on a monthly basis and acknowledged as true and correct by the contractor and by notarized written certificate. The contractor agrees by accepting the permit to allow the city, or a representative of the city, during normal business hours with reasonable prior notice, to audit the records of the contractor evidencing the total amount of monies received and the gross receipts at the office where these records are housed. In the event that the audit reveals that the contractor made an underpayment in any month, the contractor shall pay interest at the rate of 12% per annum on the amount underpaid or not paid calculated from the date the amount was due to the date it is paid. The reasonable cost of the audit will be borne by the contractor if, as a result of the audit, the contractor and the city agree, or a court of competent jurisdiction determines, that the contractor has underpaid the franchise fees owed in an amount equal to or exceeding 5% of the franchise fees actually paid.
(d) If payment is incorrect, the contractor shall make correct payment within 48 hours of notification. If payment is not received within 48 hours, the contractor shall be assessed a fine of $1,000 or 10% of the total payment, whichever is higher. If payment is not remitted within 10 days, the city may revoke the permit.
(‘72 Code, § 13-27) (Ord. O-68-129, passed - - ; Am. Ord. O-70-28, passed 3-18-70; Am. Ord. O-80-38, passed 7-2-80; Am. Ord. O-81-48, passed 9-16-81; Am. Ord. O-83-74, passed 12-21-83; Am. Ord. O-90-17, passed 5-2-90; Am. Ord. O-91-84, passed 12-4-91; Am. Ord. O-94-19, passed 6-1-94; Am. Ord. O-95-08, passed 2-15-95; Am. Ord. O-95-35, passed 7-5-95; Am. Ord. O-97-01, passed 2-5-97; Am. Ord. O-97-33, passed 9-17-97; Am. Ord. 0-99-25, passed 8-8-99; Am. Ord. 0-99-29, passed 9-15-99; Am. Ord. O-2006-14, passed 5-3-06; Am. Ord. O-2008-02, passed 1-16-08; Am. Ord. O-2008-17, passed 7-16-08; Am. Ord. O-2009-27, passed 9-16-09; Am. Ord. O-2010-35, passed 10-6-10) Penalty, see § 10.99