Ordinance 07-1841 ORDINA1vCE N0.07-181 ,
. ~ AN ORDINANCE QF THE CITY OF .LONGWOOD,
FLORIDA, PROVIDINU FOR THE. GRANTING OF A
NON-EXCLUSIVE .FRANCHISE TO CONTAINER
' RENTAL COMPANY, :[NC. FOR THE COLLECTION
AND DISPOSAL OF G~MMERCIAL ,SOLID WASTE
WITHIN THE CITY O:F LONGWOOD; OUTLINING
FRANCHISE DUTIES; IMPOSING REQUIREMENTS
UNDER WHICH FRANCHISE SHALL OPERATE;
PROVII7ING FOR CONFLICTS, SEVERABILITY, AND
AN EFFECTIVE DATE„
WFIEREAS, there, is an imrrlediate and continuing. need for the collection and
disposal of garbage, il~dustrial waste;. refia e, rubbish; trash and other solid waste materials
from organizations,. fines or entities,'wit:hin the City of Longwood; and
WHEREAS, Container Relital Company, Inc. has the necessary equipment,
personrlel and experience to properly perform the services outlined herein;; and
WHEREAS, it appears to be in tree best interests of the City of Longwood and its
inhabitants, property owners and merchants that Container Rental .Company, Inc. be
awarded.. anon-exclusive right and franchise to provide solid waste collection services
Wlthln the City limits of the City of Lo~igwood upon the terms and. conditions recited
below...
~ . ~ ~ j 3.
NOW, THEREFORE, BE IT ENACTED BY T:FIE CITY OF LONGWOOD,
FLORIDA AS FOLLOWS:
SF;CTION ONE: Franchisee.
1. ,Grant. of Franchise. There is 1lereby granted to Container Rental
Company;. Inc. (hereili~ called the "Franchisee"),, its successors and assigns, a non
exclusive :right, privilege or franchise to collect solid waste Lnaterials and recyclables from
conunercial establishments within the City of Longwood, •Seminole County, Florida,
during the term and subject to the following limitations and conditions as hereinafter set
forth. ~
2:. Definitions.. t .
a. "City" shall mean the City . of Longwood, Florida, a municipal
corporation. •
b. "Franchisee" shall mean the individual, partnership or corporation
who/which agrees, as hereinafter provided to perform the work or service, or to furnish
~y ~ materials qr equipment, or both as. set forth in this franchise.
ORDINANCE NO. 07-1841
Page 2 of 12
c. "Recovered materials" means metal, paper, glass, plastic, textile, or
rubber materials that have kriownrecyclingpotcntial, can be feasibly recycled, and have
been diverted and source separated or have been removed from the solid waste stream for
sale, use,, or reuse as raw materials, whether or not the materials require subsequent
processing: or separation from each other, but does not include materials destined for any
use that constitutes disposal. Recovered materials ~as'described above are not solid waste.
d. ' ' ".Solid waste niaiiagement" shall mean the process by which solid
waste is collected', transported; stored, separated, processed, or disposed of in any other
way; according, to an orderly, purposeful, and plaiuect.program which includes closure
and long-term maintenance.
e.~ "S"olid waste 'management facility" shall mean a solid waste
disposal area, volume reduction plant, ransfer`station, materials recovery facility, or other
facility, desi`gnated~by the~City, t17e purpose ofwhich is resource recovery or the disposal,
recycling, processing, or storage of solid waste. -`The teen does not include recovered
materials processing facilities which meet the requirements of FS s. 403.7046(4) except
' ~ the~portion' of facilities,'if any, that is used foi•'tlie management of [are managing sic.]
` ~ solid waste. ' ~ ~ _ , .
f. ' "Solid waste" slall'm.eaii sludge unregulated udder the federal clean
water act or clean air act, sludge from a waste treatment works,,water supply treatment
' plant, or air pollution control facility; or includes garbage, rubbisli,:refuse, special waste,
- or other dscai~ded~ •inaterial, including- solid, liquid; semisolid; of contained gaseous
material resulting from domestic, uidustrial; commercial, mining, agricultural, or
governmental operations. Recovered materials as defiled in FS' s:403.703 (7) are not
solid waste. ~ ~ " ~ -
g. ~ "Commercial establslnnent".means a property or properties zoned
'or used for commercial or industrial uses; or used by'an entity exeinpt`from taxation under
s. 501(c)(3) of the 111ternal Revenue Code, and excludes property orproperties zoned or
used for single-family residential or multifamily residential uses.
' ~ h. "Constructions and demolition debris" mews;materials generally
considered to be not water soluble and non-hazardous in nature,'including, but not limited
to, steel glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and
lumber, from the construction or destruction5of a structure as part of a construction of
demolition project, and including rocks, soils, tree remains, trees, and other vegetative
• ' matter which normally "results from land clear-ing or land development operations for a
construction project including such~debris from construction of structures at a site remote
'from the construction or~demoltiori projecf'site. Mixing of construction acid demolition
- ~ debris with other' types of solid waste, 'including material from a construction of
demolition site which is not froin,the~actual"construction or destruction.of a structure, will
cause it to be classified as other than construction and demolition debris.
i. "Container" shall mean ariy portable, nonabsorbent enclosed
' container with a close fifting.cover, or doors, approved by the Health Department and the
City, which is used to store large volumes of refuse. It must be capable of being serviced
by mechanical: equipment.
. j: ~ " Special Waste" means solid wastes that can require special
handling and management; including, but not limited to; white goods; -waste tires, used ~
QRDINANCE NQ. 07-1841
Page 3 of 12
oil, lead-acid batteries, construction and demolition debris, ash residue, yard trash, and
biological wastes. ,
k. "Biomedical waste" means any solid waste or liquid waste which
may present a threat of infection to humans. The term includes, but is not limited to,non-
liquid hcunan tissue and body parts; laboratory and veterinary waste which contain
human-disease-causing agents; discarded disposable sharps; human blood, and human
blood products and body fluids; and other materials which in the opinion of the
department of Health and Rehabilitative Services represent a significant risk of infection
to persons outside the generating facility. The term does not include human remains that
are disposed of by persons licensed ander chapter 470.
1. "Biomedical waste generator" means a facility or person that
produces or .generates biomedical waste. The term includes, but is not limited to;
hospitals, skilled nursing or convalescenrt hospitals,. intermediate care facilities, clinics,
dialysis clinics, dental offices, health maintenance organizations, surgical clinics, medical
buildings, physicians' offices, laboratories, veterinary clinics, and funeral homes.
m. "Biological wart+:" means solid waste that causes or has the
capability of causing disease or infection and, includes, but is not limited to, biomedical
waste, diseased or dead animals, and other wastes capable of transmitting pathogens to
humans c+r animals.. The term does iiot include human remains that. are disposed of by
persons licensed under Chapter 470.
. n. "Materials recovery facility" means a solid waste management
facility ghat provides for the extraction from solid waste of recyclable materials,. materials
suitable for use as a fuel of soil amendment, or any combination of such materials.
o. "Recovered materials processing facility" means a facility engaged
solely in the storage, processing,. resale, or reuse of recovered materials. Such a facility is
not a solid waste management facility if it meets the conditions of FS s. 403.7045(1) (f).
• p. "Ash Residue" has the same meaning as the teen is defined in the
departmea nile on solid waste combustors which defines such terns.
q. "Pelletized paper waste" means pellets produced exclusively from
discarded. paper which_is derived from a solid waste management facility or a recovered
materials processing facility and which i~,.shredded, extruded, or formulated 'alto compact
• ,pellets of various sizes for the use as a supplemental fuel in permitted. boilers oi:her 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 governments as credits
toward the goals for reductioncof sold,v~~aste pursuant to hS. s..•403.706(4)(B).
• i ! . t f
3. Term.
a. The term ofthis franchise shall ternuiate on September 30th, following
the effective date hereof.provided; •howE:ver, the,City or :Franchisee may termvlate this
Non-exclusive Commercial Franclis;e, wi'th;or without cause, by a thirty (30) day written
notice sent by Certified U.S. mail.
b. On October 1st, this Franchise will be automatically extended for an
additional. 12 months expiring the following September 30th, provided the Franchisee
shall make application for said extension within 60 days prior to its termination and upon
~ approval cif the City Commission.
ORDINANCE NO. 07-1841 '
Page 4 of 12 _ '
c. Without limiting the forgoing; the City does ~ not waive the
requirements of, or Franchisee's duty to obtain all applicable permits" and to comply with `J
' the conditions thereof, unless. precluded by the application of this ordinance; to comply
with land use regulations laws; or to comply with codes, ordinances. arid regulations
governingwaste removal; or to pay fees associated with same.
4. ' ServicesProvided kiV Franchisee.
' 'a.' Franchisee(s) shall provide Commercial Solid Waste Collection
Services in the City of Longwood, which shall bean exclusive right to the Franchisee(s).
The Contractor shall be responsible for billing and collection ofConimercial Solid Waste
Collection services and disposal costs. • `
b. No other person or entity except the Franchisee(s) may offer or
' provide Commercial Solid 'Waste Collection Service in the 'City of Longwood. No
commercial establishment within t)le City shall utilize 'the services of 'a collector not
holding a franchise from the "City. , Violations of this section shall'be enforced by the City
by legal action seeking injunctive relief and damages. '
' ~ ~ c: ~ Minimum Service: The Franchisee shall make collections at all
' ' - ~commcrcial establishments siibjcct ~fo the terms of tli ~ ordinance acid at sufficient
- intervals rieeessary to perforrri adequate services and to protect the environment.
5:' Hours. Collections shall be-made between 7:00 a.m. and 7:00 p.m. unless
different times ar`e approved by the City: ~ • '
' 6. Litter. Tlie Franchisee shall' not litter premises in the. process of making
collections and'shall promptly pickup all papers, matcrial'or debris that maybe scattered
about the container: Franchisee shall collect all material that has~been placed in or about
• the. containers during°the process.
` ~ 7. Use and Location 'of Approved 'Containers. Containers used for
collection of solid waste from commercial establishments shall be standard manufactured-
- type mechanically served containers; °compatible with the'private commercial collector's
• servicing equipment:' Containers shall be placed- -at'~locations readily accessible to
' franchisee'spersonnel. Containers shall be located uponprivateproperty unless the use of
public property is' approved ~by `the' City." Vi'olati`ons of this section shall. constitute a
breach'and'default`~o`f`tlii`s Non-Exclusive •Coriinercial'Franchise. The type of container
used, or the location thereof, may vary from the provisions of this section if approved in
writing by the City of Longwood.
. , ~ 2
• ~ 8. 'Hazardous Materials Collection of special and hazardous~rnaterials shall
' Abe in strict compliancewith fall' federal, estate, and •locaF laws • and regulations. Said
materials shall be stored and placed in a manner approved~by the appropriate regulatory
agency;•i.e., FDER; U.S'. EPA;`etc., and the City of Longwood.
9. Collection Equipment. ~ ~ ~ ' - ~ ~ '
a. The Franchisee shall provide an adequate number of vehicles for '--J
ORDINANCE NO. 07-1841
Page 5 of 12
regular collection services. They shall. be kept in good repair, appearance, and in a
sanitary condition at all times. Each vehicle shall have clearly visible on each side the
name and. phone number of the Franchisee and vehicle number not less than twelve inches
(12") in height on the rear and each ;`side.
b.. Franchisee shall certify to the City upon the commencement of each
franchise year the nature and quantity of vehicles and equipment on hand gild available for
,regular collection ,services and backup in •the event of the breakdown of any primary
collection vehicle.
~l Off ce. The Franchisee, shall establish and.niaintain a local office or such
other facilities through'which it can be contacted, where service may be applied for, and
complaints can be made. It shall be equipped with sufficient telephones, shall have one
(1) responsible person in, charge durii~ig collection hours and shall be open during
collection hoL~rs.~ .
1 Hauling. All solid waste hauled by the Franchisee shall.be ~so contained,
or enclosed t11at leakiizg, spilling or blowing are prevented. In the event of any spillage,
the Franchisee shall inunediately clean up the waste upon observance or witness by
Frauclusee or its employees or public notification or in .any such. mariner upon which
notice of leakage, spilling or blowing is provided to Franchisee.
12. Disposal. All. solid waste: for disposal shawl be hauled to FDER approved
sites or facilities legally empowered to accept it for treatment or disposal.. All recovered
materials shall be hauled to a FDEP,pennitted recovery materials processing facility.
1?'~. Charges and Rates..All charges and rates for the commercial collection
of garbage shall be set by the Franchisee in negotiation with the corrunercial establishment
requiring the service. Ratestand, charges s1ia11.,i1ot be set by the City.
14~. Compensation and Pay~nent.
a. For the privilege of..collecting solid waste from conunercial
establishments within the City, securing a franchise•from the City and for the use of the
City streets,: the franchised collector shall pay to the City, a sum equal to twenty percent
(20%) of.the gross revenue fr-om all sources related ,to the franchisee's operations in the
City, including fees, charges, rental of equipment; and funds paid outside the City for
hauling rriaterials from the City. Payment to the City shall be made four (4) times per
year., on, March. l 5; Jwie 15; September 15; and December 15, for three (3) full months
immediately preceding payment, except the first payment if the first period is less than
three months, in which case paynient,shall be prorated. Payment shall be directed to the
City Finance Division. Such fees shall not include fees generated from he collection of
recovered materials. _
b. Franchisee, in further consideration of the franchise, shall :make its
financial records available. to the, City in. accordance with procedures established from
time to tune by the City. The fees paid pursuant to this Section shall not. be added as a
separate item on the customer's collection bills, but rather shall be considered as an
ORDINANCE NO. 07-1841
Page 6 of 12
_ _ ,
~opetational expense: ~ ~ ~ " -
• - ~ -
' • 15. Discontinued Service or Delinquent Accounts. ' ,
a. The Franchisee inay discontinue servtce. as set forth in this section.
" Persons who have not remitted required payments~witlun fifteen (15) days after the date of
' billing shall be notified: Said notification shall coiitaii~ a statement that service maybe
- discontinued fifteen (15) days from "the date of notice if payment's not made before that
time. In the event the Franchisee intends to discontinue a delinquent account, it shall so
notify the City at least fifteen (15) days prior to the last day,of collection. Upon payment
~ of the delinquent fees, the 'Franchisee shall resume ~ collection ion the next regularly
'scheduled collection day. " ~ ~ ~ ' - '
' ' ' ' b: The City shall Have,the`authority fo direct'the Franchisee to continue
' 'servtce;'notwithstanding` the fact' that an account may be ~_delinquent upon. written
assumption by the City of fees accruing by virtue of Franchisee''s continued service. If the
City elects to instruct the. Franchisee to continue service, the City shall be entitled to
reiinbiarsement from the commercial'. establishment seiveel, plus all costs of collection to
• include attorney's fees. ~ ' `
"16.'' ` Repor=ts. On the twenty-fiffh (2Stli) day of the month following the month
of service hereunder the Franchisee shall provide the City with a report. Said report shall
be in a form, either hard copy, computer disk (compatible with the City's computers) or
' " ' ' `otherwise_satisfactory ~to the 'City. The report shall include such information as the City
1 inay reasonably 'require so as to ensure proper refuse service by all,cormnercial
establ'ishrilents within the City and so as to ensure Franchisee's compliance with the terms
and conditions of this report. Unless otherwise directed by the City's Director of Financial
' Services, each report-shall contain as a minimum:' ~ '
- ~ (1) ~ Customer's Business Name ~ ' '
' =''(2) ' ~ Customer's Bu'siriess~Addr'essr ~ '
(3) Customer's Telephone Number
(4) Container(s) Number (s) - •
(5) Container(s) Capacity
(6)• -`Compactor(s) - _ ~ _ ,
(7): Pick-up.Schedule for Containers and Compactors
(8)' - ~ Number ~of Pick-ups-for all Containers •and Compactors
' " (9) ~ tT}Franchsee:~Fee• ~ ' . - - ' '
' - (1`0) ' -"Total tonnage'~of'solid waste~'from all customers disposed at a
• Seminole County designafed`~disposal facility. ~ '
( .:L_ a
' Thi'sreport shall be submitted no later-than the~twenty-fifth (25t1) of the month following
• the month•of service coveri~rig-all activities during the month of service,~to the Director of
Financial Services.
" - 17. - Notification;• The Franchisee sh*a_ 11 notify all custorriers about complaint
' procedures, regulation; and-days of collection: `
ORDINANCE NO. 07-1841
Page 7 of 12
18. Franchisee Personnel.
a. The Franchisee shall. assign a qualified person or persons to be in
charge ~o:f his operations in the City and shall give the name or names to the City;
information regarding experience shall also be fiirnished.
b. Franchisee's collection employees shall wear a clean uniforni bearing
the company's name.
c. Each employee shall, at all times, carry a valid operator's license for the
type of'vehicle they are 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 wanton,
negligent, or discourteous in the perforrAlance of his duties.
e. The Franchisee shah provide operating and safety training for all
persom~el and shall certify same to the City annually upon renewal of this Franchise.
. f. The Franchisee shall comply with the Equal Employment Opporhuuty
Program, the Fair Labor Standards Act a:nd all other applicable Federal and State Statutes
pertaining to Fair Employment practices.,
1!~. Franchise Equipment.
a. All trucks or other vehicles operated by the Franchisee in the City
shall be subject to, ancj shall immediately submit to spot, on the road inspections by the
.City or its agent and if found to be unsafe, said vehicle shall be immediately removed
. from service until it can be repaired 'and is successfully re-inspected.
b. The use of vehicles failing to meet standards after inspections may
be grounds.for cancellation of the franchise by the City Conunission, if found after notice
to the Franchisee and an opportunity to 'be heard, to be flagrant or repeated in nature.
20. Compliance within Laws. The right is hereby reserved for the City to
adopt, in addition to the provisions herein contained and existing applicable ordinances,
. , such additional regulations as it shall find necessary in the exercise of the police power,
provided that such regulations by ordinance or otherwise, shall be reasonable and not in
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 under this ordinance in compliance with all applicable laws and
inter-local agreements between the City and Seminole County for solid waste
.management and its failure to comply shall constitute a default hereunder. Tlus franchise
shall not be construed to repeal or revise.any existing ordina~ice and to the extent that any
provision. of this franchise is inconsistent with any existing ordinance, then such. existing
ordinance% shall prevail and control. +
a . Payment Bond. The. Franchisee shall furnish to the City a Payment Bond
executed by a surety licensed and authorized tq do business in the State of Florida in the
amount of $100,000.00 instu-ing the faitl-+.ful payment and performance of the terms of this
ordinanc€ and executed by a surety company. Said Payment Bond is in an amount
deemed b~y the City and the Franchisee tc~ be reasonable and necessary to enable the City
to ensure all franchise fees due,and pay~~ble hereunder_and paid as and when due.
ORDINANCE NO. 07-1841
Page 8 of 12
22. Liability. 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 franclse to Franchisee, to specifically include but not be limited to
Anti-trust actions or proceedings. The Franchisee shall be responsible and liable for any
and all damages to personal or real property, whether owned by the City, private
individuals or other business entities. Said damages shall include, but not be limited to
damages to City rights-of--ways, curbing, signs, roadways and other property. Should the
.City of Longwood be sued therefore;, the Franchisee shall be notified of such suit, and
thereupon it shall be its duty to defend the sui"t 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 case, Franchisee shall forthwith pay the same. The Franchisee shall indemnify and
save 1lannless 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 of the
Franchisee's activities permitted by this franchise or for any actions or proceedings
brought as a result of the award of this franchise to Franchisee, to specifically include but
not limited to Anti-trust actions or proceedings, and shall payall expenses, including costs
and attorney's fees, in defending against any such claim made against the City or any of
the City's agents, officers or employees. Franchisee further agree ~to purchase
comprehensive public liability and property damage insurance in the amount of
$5,000,000 per accident, event or occurrence, naming the City as an additional insured to
the extent of its rights against Franchisee arising by virtue of this section. The insurance
policy will provide that the City shall be given thirty (30)-days written notice prior to
cancellation or modification. A copy of said policy of insurance shall be filed with the
City Clerk on or before the effective date of-this franchise.
• . 23. Licenses. The Franchisee shall, at its sole expense, procure from all
governmental authorities having juris'dict'ion over the operations of the Franchisee,
including the City, all licenses, certificates, permits or other authorization which maybe
necessary-for the~conduct of its operations. 'The Franchisee shall pay all taxes, licenses,
certification, permit and examination fees and excises which may be assessed, levied,
exacted or imposed on its property, on its operations, on its gross receipts, and upon this
franchise and the rights and privileges granted herein, and shall make all. applications,
reports and returns required in connection therewith.
24. Worker's Compensation.' The Franchise shall carry, with -an insurance
company authorized to transact business in the State of Florida, a policy that fulfills all the
requirements of the Worker's Compensation .Act of said State; including all legal
requirements for occupational diseases. ~ '
' .~J ~ ~ A.
25. Assignment. No assignment of franchise or any right occurring under this
ordinance shall be made in whole'o'r` iri~par`t'by the-Franchisee without the express written ~
ORDINANCE NO. 07-1841
Page 9 of 12
consent of the City and the customer; in the event of any assignment, the assignee shall
assume the liability of the Franchisee. '
~ .
2Ei. Books, Records and Audit.
' a. ,The ;Franchisee shall keep records of wastes collected and charges
therefore„ and the City shall Have the right to review those records which in any way
pertain to the payments 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 service year or portion thereof ending the
previous September 30th. Said audit shall be prepared by an independent certified public
accountant complete with auditor's opinion which opinion shall be acceptable to the City.
The audit shall reflect the acctu•acy and. completeness of the information provided the
City by the Franchisee with especial attention to the franchise fee.
2;~. Bankruntcy or Insolven.cv. If the Franchisee becomes insolvent and in
any event. i:f the Franchisee files a petition of voluntary or involuntary bankruptcy, then
this franchise shall terminate in no event later than the date of filing of the bankruptcy
petition.
2.$. Default.
~ a. The failure on the part of the Franchisee to comply in any
substantial respect with airy of the provisions of this ordinance shall be grounds for a
forfeiture of this franchise, but no such forfeiture shall take~effect tultil the City has served
upon the ]Franchsee wri ten notice of default, ~;vhich notice. shall set forth the nature and
extent thereof. If a default can ~be corrected, the Franchisee shall have thirty (30) days
• following. the .notice of default to correct the same. If the Franchisee protests the
reasonableness or propriety of the City's declaration,~said protest shall be served upon the
.City in writing witlin ten (10) days: following receipt by the Franchisee of the City's
notice. The protest shall be scheduled before the Longwood City Commission at the next
available Commission meeting.
b.. If the City Commission, after hearing the protest upholds the
reasonabhness or propriety of the City's declaration of default, then the Franchisee,. witlin
tlrty (30;1 days of said. decision, may challenge the decision in the Circuit Court of the
Eighteenth Judicial Circuit in and for Seminole County, Florida.
29~. Riaht to Require Performance. The failure of the City at any time to
require performance by the Franchisee of any provisions hereof shall in no way affect the
right of the City thereafter to enforce same. Nor shall waiver by the City of any breach of
any provisions hereof be taken or held to be a waiver of any succeeding breach of such
provision or as a waiver of any. provision itself.
ORDINANCE NO. 07-1841
Page 10 of 12
30: •Independent Contractor. It is hereby understood and agreed that the
Franchisee is an independent contractor and riot an agent of the City.
31. Modification. This franchise constitutes` the 'entire agreement and
understanding between the parties hereto, and it shall iiot be considered modified, altered,
' changed or amended in any respect unless in writing and signed by he parties hereto, and
adopted as an amending franchise ordinance. ~ '
32. 'Notice. As required for any purpose ri this- franchise, notice shall be
addressed and sent by certified United States mail to the .City and the Franchisee as
follows:
CITY - City Clerk
- City of Longwood' ~ '
' 175 West Warren Avenue '
Longwood, FL 32750 '
FR-ANCHISEE - Jerry Parrish, Sales Support
Container Rental Company, Inc.
' ~ 2715 Staten Road ' '
~ ' ' ' `Orlan'do, ~F-L 3'2804 ~ '
407-298-8555 •
33. Remedies, Attorney's Fees and Costs. A11 remedies provided in this
'franchise shall be deemed cumulative and additional and not in lieu of or exclusive of
each other or ofany other remedy available to `the City at law or~iil equity: Iii the event the
_ City shall prevail in any' action arising hereunder,- Franchisee shall pay to the City its
costs, referable thereto, including attorney's' fees:'-' ` '
34. Governing Law and Venue. This franchise agreement shall be governed
by the 'laws of theState of Florida. Any_ arid' a1T legal action necessary to enforce the
Agreement will 'be held ~iri'Seniinole County and the Agreement will be interpreted
according to the laws of Florida:
3"5: Headings. The headings of the sections of this frarlehise are for purposes
of convenience only and shall'not be'deemed~to~expand or limit~the provisions contained
' ' in -such sections: - '
36. Warranty of Franchisee. The Franchisee represents and warrants unto
the City that no officer; employee,-or agent of the City has any interest, either directly or
indirectly, in the business of Franchisee to b'e conducted hereunder:
37. Compliance with Longwood Code of Ordinances.- Franchisee agrees to
comply with Chapter 70 of the Longwood Code of Ordinances; and all other City codes,
ordinances, rules and regulations.
ORDINANCE N0. 07-1841
Page 11 of 12
38. Amendment. The City reserves the right to amend this ordinance in any
manner necessary for the health, safety or~ welfare of the public and the City reserves the
right, in the public interestfrom time to time, to prescribe reasonable Hiles and regulations
governing Franchisee's operations hereunder.
SECTION TWO: Severaliilily: The provisions of this ordinance are declared
to be severable 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 phrases of this ordinance but
they shall remain in effect, it being the legislative intent that this ordinance shall stand
notwithstanding the invalidity of any part:.
SECTION THREE: Effective Date. This ordinance shall take effect
iminedia`tely upon adoption anal acceptance by the Franchisee.
FIRST READING: S~-E~,~.~Ioe,-- S Z.yo~'
SECOND READIIJG: ~'J~r /7. ~ oy 7'
PASSED AND ADOPTED THIS ~~AY OF ~Ia , 2007.
~Z
c
John C. bot, ayor
ATTr.S7C:
1~0
Sarah M:. Mirus, CMC, City Clerk
Approved as to form arad legality i'or use and reliance by the City of Longwood, Florida,
only.
ova ~ ~f--
Teresa S. F:oper, Acting City Attorney
ORDINANCE NO. 07-1841
Page 12 of 12
ACCEPTANCE BY FRANCHISEE ~
The foregoing ordinance and the franchise provided for therein and all the terms and
conditions thereof are hereby accepted, approved and agreed to this ~~T~
day of
(r)GT,:~ 6~~-- , 2007.
FRANCHISEE:
Container Rental Company, Inc.
By: ~ li~-~
ign . re o Authorized Agent