Ordinance 07-1844
~ - ~ OR]D~NANCE 1V0.-07-1844
' AN ORDINANCE OF THE. CITY ~OF LONGWOOD,
FLORIDA, PROVIDING FOR THE GRANTING OF A
_ ~ NON-EXCLUSIVE ;FRANCHISE TO REPUBLIC
SERVICES OF FLORIDA, LIMITED PARTNERSHIP
FOR ~ THE COLLECT:[ON AND DISPOSAL OF
COMMERCIAL SOLID WASTE WITH:[N THE CITY
OF LONGWOOD; OLTTI,INING FRANCHISE DUTIES;
. IMPOSING .REQUIREMENTS UNDER WHICH
FRANCHISE SHALL OPERATE; PROVIDING FOR.
CONFLICTS, SEVERAI=~ILIT~',,AND AN EFFECTIVE
DATE.
-
WHEREAS, there is an immediate and continuing .need for the collection and
- disposal of garbage, industrial waste, refuse, rubbish, trash and other solid waste materials
from organizations,. firms or entities within the City of Longwood; and
- ~ WHEREAS, Republic Services of Florida, L.P. has the necessary equipment,
. ,personnel and experience to properly perform the services. outlined herein; and
WHEREAS, it appears to.be in th.e best.interests of the City of Longwood and its
~ inhabitants, property owliers and merchants that Republic Services of Florida, L.P. be
.awarded..a non-exclusive right and. franchise to provide solid waste collection services
,within the; City limits of the City of,Loiiawood upon the terms and conditions recited
below.
- ,
NQW, THEREFORE,,,B:E IT ENACTED BY THE~CITY OF LONGWOOD,
FLORIDA.AS FOLLOWS:. ; .
SECTION- ONE: Franchise. ~ ~ .
. ~ ; ~
. l . Grant of. Franchise. There is hereby b anted to Republic .Services of
Florida, L,P. (herein called the "Franchisee"), its successors acid assigns, a non exclusive
-right, privilege or franchise to collect jsolid-,waste materials and recyclables from
commercial establishments within, the City of Longwood, Seminole County, Florida,
during the teen and suUject to the following limitations,and conditions as,hereinafter set
forth.. ~
2. Definitions. ~
-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
materials or equipment;.orboth as set fo:rth.in this franchise.
ORDINANCE NO. 07-1844
Page 2 of 12
c. "Recoveredanaterials".means metal, paper, glass, plastic, textile, or
rubber materials that-have known recycling potential, can be feasibly recycled, and have
been diverted and source separated or have been removed from the solid waste streani 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 a's described above are not solid waste.
d. "Solid waste management".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 planned program which includes closure
and long-term maintenance.. r ~ ~
' e. ~ "Solid waste management facility" 'shall mean a solid waste
disposal area, volume'reductonpiant, transfer. stafion, materials recovery facility, or other
facility, desi'gnated'by the City, the purpose of wliich'is'resource recovery or the disposal,
recycling, processing, or storage of solid waste. The term 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' for the management of -[are managing sic.]
solid waste:. • ~ - ~ ~ - a
f. ~ "Solid waste" shall tneaii sludge unregulated eider th'e 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, rubbish, refuse, special waste,
or-other discarded mater"ial, 'including solid;' liquid; semisolid,' of~contained gaseous
material resulting from domestic, industrial, commercial, mining, agricultural, or
' ~ governmental operations. Recovered materials as defined in FSs:403.703 (7) are not
' ~ . ;aolid waste. - ~ ~ ~ ~ - . . • •,-.N
"Commercial establislunent" means' a property orproperties zoned
b'
' - ~ orused for commercial'o'r industrial uses; or used by an entity exempt from taxation wider
s. 501(c)(3) of the Internal Revenue Code, and excludes property or properties zoned or
used for single-family residential or multifamily residential uses.
'h~~~ " "Corstructon'and demolition debris="means•materials generally
considered to be not water soluble and non-hazardous in•nature; including, bufnot limited
to, steel glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and
lumber, from the construction or destruction of~,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 clearing~or land-de~elopnlent operations for a
' construction proj ect'including'such debris'from'constructori ofstructures ~at ~a site remote
from the construction or~demolition proj'ec`t sites=Mixing of coristrucfi~on and demolition
• debris -with` other types of solid waste, including material' from a 'construction of
demolition site which is not from the actual construction or destructiori`of a'strueture, will
cause it to be classified as other than construction and demolition debris:
i. "Container" shall mean any. -portable, nonabsorbent enclosed
- container with a close fitting 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~l'imited to; white' goods, waste tires, used
ORDINANCE NO. 07-1844
Page 3 of '12
oil, lead-a.cid 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 humasis. The term includes, but is not limited to, non-
liquid human 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 gther 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 humanxemains that
are disposed of by persons licensed under. chapter 470.
1. °'Biomedical waste generator" means a facility or person that
produces or generates biomedical wash. The term includes, but is not limited to,
hospitals, skilled nursing or convalescent hospitals, .intermediate care facilities, clinics,
dialysis clinics, dental offices, health maintenance orgasuzations, surgical clinics, medical
buildings,. physicians' offices, laboratories, veterinary clinics, and funeral homes.
rn. "Biological waste" 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 othcer wastes capable of transmitting pathogens to
humans o:r animals.. The tern does riot include human remains that are disposed of by
persons icensed under Chapter 470.
• . n. "Materials rec'ove~y facility" means a solid. waste management
facility that 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, o r reuse of recovered materials. Suc17 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 t11e term is defined in the
department rule on solid waste combustors which defines such term.
q. ~ "Pelletized paper waste" means pellets produced exclusively from
discarded paper which is derived from a solid waste management facility or a recovered
materials processingfacility and which.is shredded, extruded, or formulated into compact
pellets of various sizes for the use:as a su:pplernental fuel in permitted boilers other 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
tov~~ard the goals for reduction of solid waste pursuant to :FS s. 403.706(4)(B).
3. Term.
a. The tern ofthis franchise shall terminate on September 30th, following
. the effective date hereof provided; however, the City or Franchisee- may terminate this
. Non-exclusive Commercial Franchise, with or without cause, by a thirty (30) day written
notice sent by Certified U.S.,mail. ~ .
b. On October 1st, this F'ranchi.se 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 of the City.,C.ommission._, , , i , ,
ORDINANCE NO. 07-1844 ~ '
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
the conditions thereof, unless precluded by the application of this ordinance; to comply
with land use regulations laws; or to comply with codes, ordinances and regulations
governing waste removal; or to pay fees assocated'with same.
4. 'S'ervices Provided by Franchisee.
a. Franchisee(s) shall provide Commercial Solid Waste Collection
Services in the City of Longwood; which shall be an exclusive rightto the Franchisee(s).
The Contractor shall be responsible for billing and collection of Commercial 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 the City shall utilize the services of a collector not
holding a franchise from the City. Violations of Phis 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
commercial establislunents subject to the terms of this ordinance and at sufficient
intervals necessary to perform adequate services and to protect the environment.
5. Hours. Collections shall be made between 7:00 a.m. aiid 7:00 p.m. unless
different times are approved by the City. ~ '
.
6. Litter. The Franchisee shall not litter premises in the process of making
cohections and shall promptly pick up all papers, material 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 Annroved 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's personnel. Containers shall be located upon private propertyunless the use of
public property 'is approved by the City. Violations of this section shall constitute a
breach and default of this Non-Exclusive Commercial 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. .
' 8. Hazardous Materials. Collection of special and hazardous materials shall
be instrict compliance with all federal, state, and local 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'Edui"p'ment. ' ' " ' '
a. The Franchisee shall provide `ari# adequate riuinber of vehicles for ~--1'
ORDINANCE NO. 07-1844
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 and available for
• regular collection services and backup in the,event of the breakdown of any primary
collection vehicle.
10. .Office. The Franchisee shall establish and maintain a local office or such
other facilities through which it can lie contacted, where: service maybe applied for, and
complaints can be made. It shall be equipped with sufficient telephones, shall have one
(1) responsible person in charge during collection hours and shall be open during
collection hours..
11. Hauling. All solid. waste hauled by the Franchisee shall be so contained,
or enclosed that leaking, spilling or blowing are prevented. In the event of any spillage,
the Franchisee shall immediately clean up the waste upon observance or witness by
,Franchisee or its employees or public notification or in any such manner upon which
notice of leakage, spilling or blowing is .provided to Franchisee.
12. Disposal. All solid waste for disposal. shall 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 lerniitted recovery materials processing facility.
13. Charges and Rates. All charges. and rates .for the commercial collection
of garbage shall be set by the Franchisee in negotiation with the commercial establishment
requiring t:he service. Rates and charges shall not beset by the City.
14, Compensation and I'~ayment.
a. For the privilege of collecting solid waste from commercial
establishments within the City, securngra 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. from 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 materials from the City.: Payment to the City shall be made four (4) times per
year, on N[arch 15, June 15, September 15, and December 15, for three (3) full months
immediately preceding payment, except i:he first payment if the first period is less than
three months, in which case payrrient shall be prorated. Payment shall be directed to the
City Finance Division. Such fees shall ncrt include fees.generated from the 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 time by the City. The fees paid p~ursuatrt 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. 07-1844
Page 6 of 12
- operational expense. •
- ~
15. Discontinued' Service or'D'elinguent Accounts.
. a. The Franchisee may 'discontinue service as set forth in this section.
Persons who have notremitted required paymentswitlun fifteen (15) days after the date of
billing shall be notified. Said notification shall contain a'statemerit`that service maybe
discontnued-fifteen (1~5) days from~the~date ofnotce if payment is 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 o'ri the next regularly
scheduled collection day. " ~ '
' b. The City shall have the authority to direct the Franchisee to continue
service, ~ 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
' reimljursement from the commercial establishment served, plus all costs of collection to
.include attorney's fees.
16. Reuorts. On the twenty-fifth (25th) day of the month following the month
of service hereunder the Frarichisee'sha11 provide~the Citywith 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
• ~ may reasonably require so 'as .to =ensure proper refuse service by all commercial
establishments 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 shalh contain as ~a minimum: `
(I) ~ Customers Business~Name=~'~
(2) ` ~ "Customer's Business Address
(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) Franchisee:Fee -
- . (10) Total tonnage-of solid. waste-from all' customers disposed at a
• Seminole County designated disposal facility.
. _ This report shall be~submitted no later than the twenty-fifth (25th) of the month following
the month of`service covering all activities during the month of service, to th'e Director of
Financial Services.
17,. Notification: The Franchisee shall notify all customers about complaint
.procedures, regulation, and days:of`collection: = - '
ORDINANCE NO. 07-1844 _ ,
Page 7 of 12
18. Franchisee Personnel.
a. The Franchisee shall assign a qualified person or persons to be in
charge of his operations in the City and shah give the name or names to the City;
information regarding experience shall also be furnished.
b. Franchisee's collection employees shall wear a clean uniform 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 performance of his duties.
e. The Franchisee shall provide operating and safety training for all
personnel and shall certify.same to the City annually upon.renewal of this Franchise.
£ The Franchisee shall comply with the Equal Employment Opportunity
Program, the Fair LaUor Standards Act and all other applicable Federal and State Statutes
pertaining to Fair Employment practices.
19. Franchise Equipment.
a. All trucks or other vehicles operated by the Franchisee in the City
. shall. be subject to, and 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 Lentil it can be repaired. and is successfully re-inspected.
b. The use of velucle.> failing to meet standards after inspections may
- be grounds for cancellation of the franchise by the City Cormmission, if found after notice
to the Franchisee and an opportunty 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. TYus shall include. requiring the
Franchisee to, dispose and deliver solid waste; ao a designated,. facility. The Franchisee
,hall. conduct operations under this ordin~uice incompliance 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. This franchise
shall not be construed to repeal or revise any existing ordinance and to the extent that any
provision of-this franchise;is inconsistent with any existing~ordinance, then such existing
ordinance shall prevail and control.. .
•
21. Payment Bond. The Franchisee shall furnish to the City a Payment Bond
executed try a surety licensed and autlori:zed to do business in the State of Florida in the
amount of $ l 00,000.00 insuring the faithful payment and performance of the terms of this
ordinance and executed by a surety~~cornpany., ~ Said Payment Bond is in an amount
deemed by the City and the Franchisee to be reasonable and necessary to enable the City
to ensure all franchise fees due and payahle hereunder and paid as and when due.
ORDINANCE NO. 07-1844
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 mismanagerrient, or by the actions of any of its employees while engaged
in the operations herein authorized, or for anyactions or proceedings brought as a result of
the award of this franchise 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 suit or'at the City's'option fo paythe 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 liarrriless the City, its'agents, officer`s and employees "from any judgments recovered
• ~ by anyone forpersonal injury,'deatli or propertydamage'sustained byreason 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 pay all 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
- eoinprehensive public liability and property damage' insurance in 'the amount of
$5,000,000 per accident, event or occurrence, naming the City as ari additional insured to -
the extent of its rights against Franchisee arising by~virtue of this section. The insurance
policy will provide that th'e• 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 Fraichisee~ shall; ~at•':its4sole expense;~procure from all
. • governmental •authorities 'having jurisdiction over tler`operations of the Franchisee,
including the City; all'licenses, certificates, permitsor'other authorization which maybe
' necessary for the conduct of its operations.' The Franchisee shall pay all taxes, licenses;
certification, permit and examination fees and~excses which' may lie 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 returri's'required~n connection.therewith. ~i-- 1
. is '.`~i 1j3~ ' - -
24. Worker's Co'inpensation.~ Tlie`Franclise'slall 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 Aet of said State, including all legal
. ~ requirements- for occupational diseases. • `
- ~ . ,
• 25. ~ . Assi~nmen"t:' No assignment of fraichise~or any right occurring under this
ordinance shall be made~in whole or in~part by the Franchisee witlioutthe express written
• ` ~ consent;ofahe City and the~customer in the event of any assignment, the assignee shall
-assuine~the~liability of the Rranchisee. ~ ~ - •
ORDINANCE NO. 07-1844
Page 9 of 12 '
26. Books, Records and.Audit.
_a. The Franchisee shall keep records of wastes collected and charges
. ~ therefore, and the Cty.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 ~funish the City with an annual audit, due on
November 15 of each calendar year; for the service yeaa• or portion thereof ending the
previous September 30th. Said auditshaal 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 accuracy ;and. completeness o:F the information provided the
City by the Franchisee with special attention to the franchise fee.
27. Bankruntcy.or Insolvent. If the Franchisee becomes insolvent and in
any event if 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 bai~-uptcy
petition.
2~. Default.
a. The failure on thle part of the Franchisee to comply in any
substantial respect with any of the provisions of .tlis ordinance shall be grounds for a
~ forfeiture of this franchise, but no such forfeiture shall take effect witil the City has served
upon the Franchisee written notice of de:Fault, which 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, saidprotest shall. be served upon the
City in writing within ten (10) days following. receipt by the Franchisee of the City's
notice. The protest shall be scheduled before the Longwood City Conunission at the next
available Conunission meeting.
b. If the City Comrnissioil, after hearing the protest upholds the
reasonableness or propriety of the. City's declaration of default, then the Franchisee, within
thirty (30) days of said decision, may challenge the decision in the Circuit Court of the
Eighteenth Judicial Circuit in and for Seminole County, Florida.
25~. Right to Repuire lPe'rformance. The fai ure of the City at any time to
require performance b;~ the Franchisee oi'any provisions hereof shall in no way affect the
right of the City thereafter to enforce same. No:r 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.
3C?. Indenendent Contractor. It is hereby understood and agreed that the
Franchisee is an independent contractor and not an agent of the City.
ORDINANCE N0.07-1844 '
Page 10 of 12
31. ,Modification. This franchise constitutes the entire agreement and
understanding between the parties hereto, and it shall not be considered modified, altered,
changed or ~amended~in any respect unless in writing and signed by:the parties hereto, and
adopted as an amending franchise ordinance. ~ ~ '
r' '
' 32. ~ Notice. As required for any purpose in 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
FRANCHISEE - Brian Short, General Manager
- ~ ~ ~ Republic Services of Florida, L.P.
112'S~5 Rocket Boulevard `
' ~ Orlando, FL 32824
407-293-8000
33. Remedies, Attorney's Fees and Costs: All remedies provided in this
franchise shall~be deemed euriiulative and additional' and not in lieu of or exclusive of
each other or ofany other remedyavailable to the Cityat law or n`equity.~ Inthe 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. Tliis'franchiseagrcement shall be governed
by the laws of the State of Florida. Any and all legal action necessary to enforce the
Agreement will 'be held in Seminole. County ~ and the 'Agreement' will be interpreted
' according to the laws of~Florida. ~ ~ ~ ~ .
35: Headings. The headings of the "sections of this franchise are for purposes
of convenience only and shall not be deemed to expaiid•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 be conducted'hereunder.
• 37: Compliance with Lon~vood 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.
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
ORDINANCE NO. 07-1844
Page 11 of 12
_ right, in the public interest from time to time, to prescribe reasonable rules and regulations
governing Franchisee's operations hereunder.
SECTION TWO: Severabila~: The provisions of this ordinance are declared
to be severable and if any section,, sentence, clause or phrase of this ordinance shall for
any reasan 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 s11a11 remain in effect, it being the legislative intent that this ordinance shall stand
notwithstanding the invalidity of any para.
SECTION TF[ItEE: Effective .Date. This ordinance shall take effect
immediately upon adoption and accepta~.ice by the Franchisee.
FIRST READING: ~f~ Ira-- ~ z C2'~ 7
SECOND READ:[NG: c~e.p~ 6D+Pif" o~'
PASSED AND ADOPTED THIS ~~AY OF o~ ~ , 2007.
~tiC.
~ C
ATTEST:
Sairali 10'I. 1_v?:irus, CIVIC,-City Clerk
Approved as to form and legality for use and reliance by the City of Longwood, Florida,
only.
_f_e~5~-U~-
Teresa S. Roper, Acting City Attorney
ORDINANCE NO. 07-1844
Page 12 of 12
ACCEPTANCE BY FRANCHISEE
..v~
The foregoing ordinance and the franchise provided for therein and all the terms and
conditions thereof are hereby accepted, approved and agreed to this day of
d~~a , 2007.
FRANCHISEE:
Republic e~- ices of Florida, L.P.
By:
Signature of Authorized Agent