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Ordinance 07-1845 ~ ~ . ~ ' ORD)<NAlJCE 1010, 07-1845 r AN ORDINANCE OF THE CITY OF LONGWOOD, ' FLORIDA, PROVIDING FOR THE GRANTING OF A NON-EXCLUSIVE ,FRANCHISE TO VEOLIA ES SOLID. WASTE SOUTHEAST, 1NC. FOR THE. , COLLECTION AND .DISPOSAL OF COMMERCIAL SOLID WASTE. WITHIlJ THE CITY OF LONGWOOD; . :OUTLINING FRANCHISE DUTIES; IMPOSING REQUIREMENTS :UNDER WHICH FRANCHISE . SHALL OPERATE;' PROVILING FOR CONFLICTS, SE,VERABILITY, AND AN EFFECTIVE DATE. V1jHEREAS, there is an immediate and continuing need for the collection and disposal of garbage, industrial waste; refuse; rubbish, trash aild other solid waste materials from organizations, firms or entities~within the City of Longwood;. and uJHEREAS, Veolia ES Solid Waste Southeast, Inc. has the necessary equipment, personnel and experience to properly perform the services outlined herein; and. WHEREAS, it appears to bein the best interests.of the City of Longwood and its inhabitants, property owners and merchants that Veolia ES Solid Waste Southeast, Inc. be awarded anon-.exclusive right and franchise to provide solid waste collection services within the City limits of the City of Longwood. upon the ,ternls and conditions recited below. NOW, THEREFORE, BE IT ENACTED BY THE CITY OF LONGWOOD, FLORIDA AS FOLLOWS: . SECTION OIOTE: Franchise. , , . , , . .1. Grant of~Franchise:i There is hereby granted to Veolia ES Solid Waste . Southeast, .Inc. (herein called .the ~"Fr~inchisee"), its successors and. assigns, a non . exclusive right, privilege or franchise to collect solid waste.materials and recyclables from . commercial , establislunents within the.,~~ity o:f Longwood, Seminole County, Florida, during the term and subject to the following;limitations and conditions as hereinafter set forth. Definitions.. a. "City" shall mean. the City of Longwood, Florida, a municipal corporation. ~ b. "Franchisee" shal'1 mean the individual, partnership or corporation who/which agrees,, as hereinafter provided~to .perform the work or service, or to furnish materials or equipment, or both as set forth in this franchise. ORDINANCE NO. 07-1.845 Page 2 of 12 c. "Recovered materials" 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 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: RecoveredYnaterials as described above are not solid waste. d.' "Solid waste management" shall mean the process by which solid waste is collected, fransported;~stored, separated, processed;, or disposed of in any other way, according to an orderly; purposeful; and planned'pro~ram which includes closure and long-term maintenance, ~ e. "Solid waste management facility" shall mean a solid waste disposal area, volume reduction plant, transfer stat'ion,"materials recovery facility, or other facility, designated by the City, the purpose of:which 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 ma~iaging sic.] ' "solid waste. ~ ~ • £ "Solid waste" shall mean sludge unregulated under the federal clean water act or clean air act, sludge from a waste treatment works, water supply treatment . plant,•or airpollution control`facility; or includes garbage, rubbish; refuse, special waste, ' or other discarded °material; including solid,` liquid, semisolid,' of contained gaseous material resulting from domestic, industrial, commercial,, mining, agricultural, or governmental operations. Recovered materials as defined in~FS s.403.703 (7) are not solid waste. ~ ~ ~ - ~ g. "Commercial "establishment" means a property or properties zoned • or used for commercial or industrial uses; or used by an entity exempt from taxation Colder s. 501(c)(3) o.f the Internal Revenue Code, and excludes property or properties zoned or used for single-family residential or multifamily residential uses. • ' ' h. ~"Construction and demolition debris" means materials generally considered to be not water soluble and non-hazardous in izature, including; but not 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~whicli normally results from land cl'ea'ring or land.development operations for a ' _construction project including such debris~from~eonstruction of structures at a site remote from the construction or demolition project 'site: -Mixing" of construction and demolition • debris with other types of solid waste, including material from a construction of demolition site which is riot`from the actual construction or d~estrue'tion of a structure, 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 limited to; white goods, waste tires, used ORDINANCE NO. 07-1845 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 i 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 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 under 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 convalescent 1ospitals, intermediate care facilities, clinics, dialysis clinics, dental offices, health maintenance organizations, surgical clinics, medical buildings, physicians' off ces, laboratories, veterinary clinics, and funeral homes. m. "Biological waste;" means solid waste that causes or has the capability of causing disease or infectiona and includes, but is not limited to, biomedical waste, diseased or dead animals, and other wastes capable of transmitting pathogens to .humans or animals. The tens does ilot include Human remains that are disposed of by persons licensed under Chapter 470. n. "Materials recovery facility" means a solid: waste management facility that provides for the extraction from solid waste ofrecyclable materials, materials suitable for use as a fuel of soil ameridment, or any combination of such materials. o. "Recovered materials processing facility" means a faciliay engaged solely in the storage, processing, resale,. or reuse of recovered materials., Such a facility is . not a solid waste management facility if is meets the conditions of FS s. 403.7045(1) (f1. p. "Ash Residue" has the same meaning as the tennis defined in the department rule on solid waste combustors which defines such teen. q. "Pelletized paper ~Naste',' means pellets produced exclusively from .discarded paper which is derived from a;~old waste~management facility or a recovered materials processing facility and which is shredded, extruded, or formulated into compact pellets of various sizes for the use as ~a ~sL~pplemental 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 maybe used by local.governments as credits toward the goals for reduction.of solid waste pursuant to FS s. 403.706(4)(B). 3. Term. ; a. The term of this 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 v~~ritten 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 of the City Commission. ~ ORDINANCE NO. 07-1845 . 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 witfi land use regulations laws; or to' comply with codes, ordinances .and regulations governing waste removal; or to pay fees associated with same: ` ' _ 4. 'Services Provided by Franchisee.. a. ' Franchisee(s) shall provide Commercial Solid Waste Collection Services in the City of Longwood, which shall be~aii 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 servi'ces~'of a collector not holding a franchise fromthe 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 commereia'1 establislunents subject to' the ter`ins ~of this ordinance and' -at sufficient ' intervals necessary to perform adequate services and to, protect the enviroiuiient. r• , ` ~ 5'.', ~ ~ Hours. Collections shall bemade'lietween 7:00 a.m. and 7:00 p.m. unless dfferenttimes are•approved by the City. - ~ ` - ' 6. Litter: The Franchisee shall not~lifter premises in the process of making ' collections and shall promptly pickup all papers, material or debri"s 'that maybe scattered aboutthe container. Franchisee shall collect all material that has been placed in or about the containers during the process: ~ ' ~ • . x . ' ~ 7. ~ Use'°and' Location` of ~ Appr`oved` Containers. Containers used for • collection of solid waste from~cominercial establishments shall be standard manufactured- - type mechanically served containers, compafible'withthc private commercial collector's . ~ ~ servicing- equipment: Containers shall be placed at 'locations readily accessible to ' franchisee's personnel:' Containers shall be located upon private property unless the use of public property is approved ,by the City. Violations oftthis' 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 iri strict compliance with 'all federal,'state, and local laws and regulations. Said materials shall be stored and placed in a manner approved bythe appropriate regulatory agency, i.e., FDER, U'.$. EPA', -etc., and-the City'of Longwood. . - ~ t ~ ~ 9: CollectionlEpuipmen"t.'- - ~ ' ~ . a. The Franchisee shall provide an adequate number of .vehicles for ORDINANCE NO. 07-1845 Page 5 of 12 regular collection services. They shall. be kept in good repair, appearance, and in a saiutaiy 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 bac'p in the event of t:he 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 be contacted, where service may be applied for, and complaints can be made. It shall be equipped tivith sufficient telephones, shall have one (1) responsible person in charge during collection hours and, shall. be open during collection hours. a 1.. Hauling. All solid. waste hauled by the Franchisee shall be so contained, or enclosed that leaking, spilling or blov~iing 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. i 11. 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 permitted 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 commercial establishment requiring the service. Rates and charges shall not be set by the City. 1Q~. Compensation and Payment. a. For the privilege of collecting solid waste from commercial 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 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 March 15, June 1,5„ September a 5, 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 ease payment,shall be prorated. Payment shall be directed to the City Finance Division. Such fees shall not include fees generated from the collection of recovered materials. . b. Franchisee, in fizrt:her consideration of the franchise, shall :make its .financial records available Ito the City in~aecordance with procedures established from ~ timeto tune by the City. The fees paid pursuant~to:this Section shall not be added as a ORDINANCE NO. 07-1845 Page 6 of 12 ' separate item on the customer's collection bills, but rather shall be considered as an operational expense. ~e 15. Discontinued Service or Delinquent Accounts. ' a. The Franchisee may discontinue service as set forth in this section. Persons who have not remitted required payments within fifteen (15) days after the date of billing shall be notified. Said notification shall contain a statement that service may be discontinued fifteen (15) days from the date of notice 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 on the next regularly scheduled collection day. b. The City shall have the authority to direct the Fraricliisee 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 contiriued'service. If the City elects to instruct the Franchisee to continue service, the City shall be entitled to reimbursement from the conunercial establishment served; plus all costs of collection to include attorney's fees. - 16. Reports. On the twenty-fifth (25th) 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 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 shall contain as'a minimum: - - (1) Customer's 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 the Director of Financial Services. • 17. Notification. • The'Franchisee shall notify all customers about complaint procedures, regulation, and' days of collection. ~ ~ ORDINANCE NO. 07-1845 Page 7 of 12 1:8. Franchisee Personnel. • ~ a. .The. Franchisee shall assign a qualified person or persons to be in charge of his operati©ns in the City and shall give the name or names to the City; information regarding experience shiall ;also be furnished.. . b. Franchisee's. collection employees shall wear a clean unifornl 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 requestthe dismissa or appropriate discipline of any employee of the Franchisee who violates any, provision hereof or who is wanton, • negligent, or discourteous in the perforrnange of his duties. . e. The Franchisee shah provide operating and safety training for all personnel and shall certify same to the City annually upon renewal of this Franchise. f. The Franchisee shall comply with the Equal Employment Opportunury .Program, t11e. Fair Labor Standards Act and all other applicable Federal and State Statutes pertaining to Fair Employment practices. 1~. Franchise EguiUment. • a. All trucks or other vehicles operated by the Franchisee in the Ciry _ shall be subject to,.anc~_s11a11 immediately submit to spot, on the road inspections by the City or its agent and if found to~be uns,~fe, said vehicle shall be immediately removed . ~ from service until it can be repaired sand is successfully re-inspected. • b. The use of vehiclcs,faiing to meet standards after inspections may ~ .be grounds for cancellation of the franchise by the;City Commission, 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 lierei:n.contained and:existing applicable ordinances, . such additional regulations~as it~ shall fii-~d 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 disposeand.deliver:solid,waste to.a designatedfacility.. The Franchisee • shall conduct operations under this ordinance in compliance with all applicable laws and • inter-local agreements between the pity and Seminole County for solid waste management and its failure to comply sh,~.ll constitute a default hereunder. Tlus 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. ; 2 fl . Pavment Bond. TheFranchisee shall furnish to the City a Payment Bond executed by a su~rery licensed and authorized to do business in the State of Florida in the amount. of $100,000.00 insuring the_faithful payment and performance of the ternls of this • . ~ • ordinance and executed .by a surety company. Said Payment Bond is in an amount - deemed by t11e City and the Franchisee to be reasonable and necessary to enable the City U, to ensure all franchise fees due and payable hereunder and paid as and when due. ORDINANCE NO. 07-1845 - " Page 8 of 12 22. Liabili .The privileges herein gralited, 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 misrrianagement, of 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 franchisee to Franchisee, to specifically include but not be limited to Anti-trust actions or proceedings. The Franchisee shall be'resporisible and liable for any ' and all damages - to personal or real properry,~ whether owned by the City, private individuals or other business entities. Said damage's-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'to pay the legal fees • of'the City's attorney to'deferid 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 harrriless~the City, its agents;'officers and employees from any judgments recovered - ~ by anyone for personal injury, death or property damage sustained~liy 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' erriployees Franchisee • further agree to purchase ' ~ comprehensive public ~li'ability and property damage insurance in tlie~~! amount of $5,000,000 per accident, event or occurrence, naming the City as an additional-insured to ' 'the exfent of `its rights against Franch~iseearising 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. • . r . f . - 23. Licenses?~'The`~Franchs~ee shall; •af its sole-expense,procure from all governrilental~~authorities'liavirig `j'urisdiction~'ove'r~tlie`operations• of tlie`'Franchisee, -including, the City, all licenses, certificates, permits or. other authorization which maybe necessary for the conduct'of its operations: ~Tle Franchisee shall pay all~taxes, licenses, certification,'perrnit 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, ' t reports and"returns required'in corinection~therewith; ` - ' ' - ~ • ~ f~ . - ~ ~ - 24. • Worker''s~ Compensation. The Franchise shall carry; wth'an insurance company authorized to transact business in-the State of Florida, a•policythat fulfills all the requirements of the Worker's Compensation Act of said State, including all legal • requirements for occupational. diseases. ~ = - • 25: Assignment: No assignment of frarichse~'or ariy`right occurring under this ' • ordinanceshall.be;made.in whole or in part by the,Franchisee~without the express written - consent of the City and-the customer--; in the event of any a'ssignmerit, -the assignee shall - "assume the~liability of the Franchisee: ~ ~ ~ ~ ORDINANCE NO. 07-1845 Page 9 of 12 26. Books, Records and Audit. a. The Franchisee s11a11 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 i:he billing of all customers by the Franchisee. If disposal facilities, are operated by, thF; 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 aai 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 ~~ith.auditor's opinion which opinion shall be acceptable to the City. The audit shall reflect the accl~racy and. completeness of the information provided the City by tl•~e Franchisee with special attention to the franchise. fee. 2"~'. Bankruptcy or Insolven.ey. If the Franchisee becomes insolvent and in any event if the Franchisee files a petition of voluntary or involuntary bankruptcy; then this franchise shall ternlinate in no event later than the date of filing of the bai~uptcy petition. 2~~. Default. a. The failure on tJ.ie part of the Franchisee to comply in any substantial respect with any of the provisions of this ordinance shall be grounds for a forfeiture of this franchise, but no such forfeiture shall take effect until the City has served upon the franchisee written notice of default, 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 proi:ests th.e 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 be:Eore the Longwood City Commission at the next available Commission meeting. ~ ~ . b. If the City Commission, after hearing the protest upholds the reasonableness or propriety of the City's declaration of default, then the Franchisee, within thirty (301 days of said decision, may challenge the decision in the Circuit Court of the Eighteenth Judicial Circuit in and for, Seminole County, Florida. 2,9. Ri~ht..to Require Performance. The failure of the City at any time to require perforniance 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 provisior.~ itself. 30. Independent Contractor:;. It is hereby understood and agreed that the Franchisee is an independent contractor and not an agent of the City. 31. Modification. This ~ franchise constitutes the entire agreement and ORDINANCE NO. 07-1845 Page 10 of 12 understanding between the parties hereto,~aiid it shall not be considered modified, altered, changed or amended'in any respect~uil'ess in writing and signed by the parties hereto, and adopted' as an amending frarichise'ordinance. ~ ~ ' . 32. Notice. "As required for :any purpose in this 'franchise, notice shall be addressed and'~serit by certified United States•`mail to the City and the Franchisee as follows: • ~ CITY ` • - City Clerk . . ~ City of L''origwood ' ' ' • - ~ • ~ ~ 175 West Warren Avenue ` ` ~ ~ ~ ~ Longwood, FL 32750 ' FRANCHISEE - `Jim Fountain, Operations Manager Veolia ES Solid Waste Southeast, Inc. ' ~ ' ~ ' ~~1964 South Orange Blossom Trail . ~ Apopka; FL 32703 _ . - ~ - ' ~ '407=46.4-0664- 33. Remedies, Attorney's Fees and Costs. All remedies provided in this franchise shall be deemed clunuhative and additional and~not in lieu of or exclusive of eac11 other or of any other remedy available to the City at law or in equity. In 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 govenled by the laws of the State of.Florida. Airy and' all legal action necessary to enforce the ' ~ Agreement will be held in Seminole County and the Agreement will be interpreted according fo the laws of Florida. ~ ' ~ ' 35. Headings. The headings of the section's of this franchise are for purposes ' 'of coriveiience 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 `be conducted hereunder: ' 37. Comuliance with Lon~vood Code of Ordinances: Franchisee agrees to ' complywith Chapter 70 of`the Longwood Code of Ordinances, and'all other City codes, ordinances, rules and regulati`ons'.' ~ ~ ? • ' 38: Amendment. The City reserves the right to .amend this ordinance in any manner necessary forthe health,. safety or welfare of the public and the City reserves the right, in the public interest from time to time, to prescribe reasonable rules and regulations - governing`Franchisee's operations hereunder. ~ ORDINANt;E NO. 07-1845 Page 11 01' 12 SECTION TWO: Severabilit~: Th.e provisions of this ordinance are declared to be severable and if any section, sentence, clause or please of this ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity o.f 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 immediately upon adoption and acceptance by the Franchisee. F IRST READING: ~ S~2C~0 SECOND READING: -~rj doer ZCX~'' t~--\ ' PASSED AND ADOPTED THIS ~ 7~DAY OF ~ 2007. Jmhn C. 'got, ayor AT']CES~1': Sa"rain. M[. Mirus, CIVIC, pity Clerk Approved as to fornl and legality for use and reliance by the City of Longwood, Florida, only. Teresa S. Roper, Acting City Attorney ORDINANCE NO: 07-1845 Page 12 of 1.2 ACCEPTANCE BY FRANCHISEE The foregoing ordinance and the franchise provided for therein and all the teens and conditions thereof are hereby accepted, approved and agreed to this day of ~Cio6eR , 2007. FRANCHISEE: Veolia ES Solid Waste Southeast, Inc. By: Signature of Authorized Agent ~.J