Ordinance 07-1848 a = • ~ ORDINANCE N0.07=1848
. , .
AN ORDINANCE OF 7,HE CITY OF LONGWOOD,
FLORIDA, PROVIDING FOR THE GRANTING OF A
NON-EXCLUSIVE ~ F].tANCHISE TO WASTE
SERVICES OF FLORIDA, INC. FOR THE
COLLECTION AND DISPOSAL OF COMMERCIAL
SOLID`WASTE WITHIN`THE CITY OF LONGWOOD;
OUTLINING FRANCfISE DUTIES; IMPOSING
REQUIREMENTS UNDER WHICH FRANCHISE
SHALL OPERATE; PROVIDNG FOR CONFLICTS,
SEVERABILITY, AND f~N EFFECTIVE DATE.
WHEREAS, there is an•.immediate and continuing need for the collection and
disposal of garbage, industrial waste, refuse, nebbish, trash acid other solid waste materials
from orga~uzations, firms or entities withvi the City of Longwood; and
VVIIEREAS, Waste Services of Florida, Inc. has the necessary equipment,
personnel and experience to properly'per:Porm the services outlined herein; and
Wl3EREAS, it appears to be in thr, best interests of.the City of Longwood and its
inhabitants, property owners acid merchants that Waste Services of Florida, 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 teims and conditions recited
below.
NC?W, THEREFORE, BE IT EI\fACTED BY THE CITY OF LONGWOOD,
FLORIDA AS FOLLOWS:
SECTION ONE: Franchise.
1. Grant of Franchise. There is hereby g"ranted to Waste Services of
Florida, Inc;. (herein called the "Franchise;"), its successors and assigns, a non exclusive
right, privilege or franchise to collect solid waste materials and recyclables from
commercial 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.
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 o:r equipment, or both as set forth in this franchise.
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c. , ".Recovered materials";means metal, paper, glass, plastic, textile, or
rubber materials that have known recycling potential, can Ue 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 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 plaimed program which includes closure
and long-teen maintenance.
e. "Solid waste management facility" shall mean a solid waste
disposal area, volume reduction plant, transfer station, 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 tens 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.
f. "Solid waste" shall mean sludge uiuegulated raider 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, rubbish, refuse, special waste,
or other discarded material, including solid, liquid, semisolid, of contained gaseous
material resulting from domestic, industrial, coilnnercial, mining, agricultural, or
goveiruneiital operations. Recovered materials as defined in FS s.403.703 (7) are not
solid waste. -
g. "Commercial establisluneiit" means a property or properties zoned
or used for conunercial or industrial uses, or used by an entity exempt from taxation under
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. "Construction and demolition debris" means 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 destruction of a structure as part of a construction of
_ demolition project, and, including i;ocks, soils, tree remains, trees, and other vegetative
matter which nornlally results from land clearing or land development operations for a
construction prof ect including such debris from construction of structures at a site remote
from the construction. or demolition prof ect site. Mixing of construction -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 destruction 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
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oil, lead-arid batteries, construction and demolition debris, ash residue, yard trash, and
biological:wastes. I
k. "Biomedical .waste" means. any solid waste or liquid waste which
may prese~rt a threat of infeetion~to humans. 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 other materials which in the opinion of the
department of Health and Rehabilitative ~~erviees 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 chapi:er 470. .
L "Biomedical wastf; 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 hospitals, intermediate care facilities, clinics,
dialysis clinics, dental offices; health maintenance organizations, surgical clinics, medical
buildings; :physicians' offices,' laboratories, veterinary clinics; and funeral homes.,
rrn. "Biological waste" means solid waste that causes or has the
capability of causing disease or infections and includes, but is not limited to, biomedical
waste; diseased or dead animals, and~'other wastes capable of transnnitting pathogens to
humans or aninnals.• The tern does not include human remains that are disposed of by
persons" licensed uiider~Chapter 470. ~ ' ,f. ~ i'-~~ •
n. "Materials recovery facility" means a solid waste management
facility tlial provides for'the extractiorl'fi om 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; re`'sale, or reuse of recovered materials. Such a facility is
. - not a 'solid waste management facility if it meets the conditionsof FS s. 403.7045(1) (f).
p. ' ~ • "Asl Residue" has~the samenneaning as the terns is defined in the
depanunent rule on solid waste combustors whch defines such tens.
q. "Pelletized paper waste" means pellets produced exclusively from
discarded paper which is derived from, a sc~l'id 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 supplemental~fuel irrpernutted 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 govenunents as credits
toward the ;goals for reduction of solid waste pursuant to FS s. 403.706(4)(B).
3. Terffi.
a. The terns ofthis franchise shall terminate on September 30th, folaowing
the effective date hereof provided; however, the City or Franchisee may terminate this
' Non-exclusive Comrrnercial Franeh'ise, with or without cause; by a thin=ly (30) day written
notice sent lby'Certified'U.S. mail.
' b. On October 1st, this Fr~uiclise 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. 07-1848
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c. Without limiting the forgoing, the City does not -waive the
. requirements of, orFranclusee'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 aild .regulations
- . • ~ govei7iirig waste removal; or to• pay'fees associated whth same. - ~ ~ .
. •4. ~ Services Provided uv. Franchisee.. -
- ~ a. ~ Franchisee(s) shall provide Commmercial Solid Waste Collection
Services in the City of Longwood'; which shahl•be an exclusive right to the Franchisee(s).
- . The Contractor shall ve responsible for billing and collection of Commercial Solid Waste
~ -•~;Collection services and disposaYcosts.
' b. No: other pers.on,or entity except the Franchisee(s) play offer or
- _ . -provide Conunercial. Solid Waste Collection Service in the City of Longwood. No
• ...conunercal establishment within the•. Cityshall utilize ahe services of, a, cgllector not
. . holding a franchise from the-City:. Violations•of this section shall be enforced by the City
by legal .action seeking iiijuiictve.relief and damages. ~ • . - .
c. .Minimum Service: • The Franchisee shall, make collections at all
• commercial. establisluneilts ~ subject to the, terms~,of, this,.ordinance and at sufFicient
intervals necessary to perfoi7n adequate services.and-to protect ;the,enviroiunent.
5. . Hours. Collections shall.bernade Uetween 7:O0 a.m., and 7:00 p.m. unless
- - ~different•-tinges are approved by,.;the City: ~ ' ,
• ~ ,Ci: Litter.-;The Franchisee shall not litter premises in the'process of making
! ~ ~ , collectiois and shall promptly ,pick up all papers, material or debris t11at may be scattered
• ~ • :about.the.container. ~Franclusee. 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 fi-om commercial establislunents-shall be•standard manufactiued-
. - type~mechanically served. containers, compatible with the private commercial collector's
- servicing equipment.. .Containers shall. be placed at locations readily accessible to
• , ~ ~ , franclisee's personnel: Containers shall. be,located:upon private property unless 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 tlis section if approved in
- writing by the'City,of Longwood. - ~ .
8: ~ Hazardous Materials. Collection ofspecial and hazardous materials shall
be in strict 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 Equipment. ~ -
a. The Franchisee shall provide an adequate number of vehicles for ~
ORDINAN(:E NO. 07-1848
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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.
U. Franchisee shall certify to the City upon the commencement of each
fraiiclise ;year the nature and quantity of ~lehicles 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 sl:~all establish and maintain a local office or such
other facilities through which it can•b'e contacted, where service may be applied for, and
complaints can be made. It shall be equipped with stiff dent telephones,. shall have one
(1) responsible person in charge during collection hours and shall be open during
collection hours. ~ -
11. , Hauling. All solid'waste hauleeh by the :Franchisee shall be so coaitained,
or enclosed that leaking, spilling or blowing are prevented. In the.event of any spillage,
the Franchisee shall irninediately clean up the waste upon observance or witness by
Franchisee; or its employees or public notification or in any such maimer upo~l which
notice of leakage, spilling or'blowing is lirovided to Franchisee.
12, Disposal. All solid waste for disposal shall be hauled to FDER approved
sites or facilities legally empowered to accept it fortreatment~or disposal: All recovered
materials shall be hauled to a FDEP perrr~itted recovery materials processing facility.
13: Charges and Rates. All charges and rates for the commercial collection
of garbage shall be set by the Franchisee iri negotiation with the commercial establislunent
requiring tale service. Rates and charges shall not be set by the City.
1~. Compensation and P'aylnent.
a. For the privilege of collecting solid. waste from connnercial
establislunents 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, inclur~ing fees, charges, rental of equipment, and funds paid outside the City for
hauling materials from the City. Payment to the City shal'1 be made four (4) times per
year, on March 15, June 15, September 15, and December 15, for three (3) full months
irrunediately preceding payment, except the first payment if the first period is less than
three months, in which case payment shall be prorated. Payment shall be directed to the
City Finance Division.' Such fees.shalh not include fees generated frorri 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 pursuant to this Section shall not be added as a
separate item on the customer's collection bills, but rather shall b~e considered as an
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Page 6 of 12
operational expense:
15. Discontinued Service. or Delinquent Accounts.
a., Thee Franchisee may discontinue service as set forth in this section.
.Persons who.have not.remitted required payments withinfifteen (15) days.after the date of
. billing shall be notified. Said no.,tification shall contain a statement that service maybe
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 tl?e 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 Franchisee to continue
service, notwithstanding the fact that an account may be delinquent _ upon written
assumption by the City of fees accruing by vu-tue of Franchisee's continued service. If the
• ,City eheets~ to instruct the Franchisee ,to continue service,. the City shall be entitled to
. reimbursement from t11e coirunercial establislvnent,seived,~plus ah1 costs of collection to
include attorney's,fees. ~ ,
16. R~ eports. 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.satisfactoiy to the City. The report shall.include,such infornlationas the City
play reasonably require so as to ensure proper. refuse service by .all conunercial
establishments within the City acid so as to ensure Franchisee's compliance with the teens
and conditions of this, report.: Unless otherwise directed by the,City'sDirector of Financial
,Services, each report. shall. contain as a miniinLUli:
(1) Customer.'s;Business,Name ~ , .
(2)~ Customer's Business Address
(3) Customer's Telephone Nluilber _
(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) r Franchisee Fee _
` (1~0) 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 ~morith ofservice,.to the Director of
• .Financial ,Services...
17.. Notification. The .Franchisee shall notify all customers about complaint
procedures, regulation, arid days of collection.
-
ORDINANCE NO. 07-1848
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18, Franchisee Personnel.
a. The Franchisee shall. assign. a qualified person or persons to be in
charge of his operations in the City and shall give the name or names to the City;
' ~ inforn~atian regarding experience shall also be furnished. ,
' b. Franchisee's colhectiori.eniployees shalhwear a clean unifor-~n bearing
the company's name.
. c. Each employee shall; at all tunes, carry a vaaid operator's license for the
type of vehicle they are driving.
d. The City may request the dismissal or appropriate discipline of any
employee o.f the Franchisee who violai:es any provision hereof or who is wanton,
negligent,. or discourteous:in~thie per-fonnance of his duties:
<< .
e. 'The Franchisee shall provide operating and safety training for all
personnel ~~id shall certify•same to the City annually upon renewal of this Franchise..
• : f.~ Th1e Franchisee shall comply~with the Equal Employment Opportunity
Program, the Fair Labor Standards~Act aril all other applicable Federal and State Staiutes
pertaining to Fair Employment practices.
19. Franchise Equipment.
a. glh trucks or other vehicles operated by the Franchisee in the City
- shall be subject to, and shall immediately submit to spot, on the road inspection;; by the
City or ifs agent and if found to be unsafe, sad'vehiche shall be immediately removed
from sewice until it'can be repaired and is successfully re-inspected.
b. The use of veli'cles failing to meet standards after inspections may
~be grounds for cancellation of the franchise by the City Commission, if found aftea• notice
to the Franchisee and an opportunity to be heard, to be flagraalt 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 fmd necessary in the exercise of the police power,
provided that such regulations by ordinance or otherwise. shall be reasonable and not in
conflict wi1:11 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- ocal agreements between the Ci%y and Seminole County for solid waste
management and its failure to comply shall constitute a default hereunder. Tlis franchise
shall not be construed to repeal or revise an.y 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.
2.1'. Payment Bond. The Franchisee shall furnish to the City a Payment Bond
executed by a surety 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 terms of this
ordinance and executed by a surety company. Said Payment Bond is in an amount
deemed by the City and the Franclii ee to be reasonable and necessary to enable the City
ORDINANCE NO. 07-1848
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• ~ to~ ensure all franchise fees .due, and. payable hereunder: and paid as and when due.
' 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 hereinauthorized, or,for any.~actions 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 riot be limited to
damages to City rights-of--ways, curbing, signs, roadways and other property. Should the
City of Lonbwood be sued therefore; the Franchisee shall be notified of such suit, and
. thereupon,t shall be its dutyto defend the suitor. at the City's option to pay the legal fees
. of the City's attorney,to defend the sut,aild should judgment go against the City in any
such ease, Franchisee s11a11 forthwith pay the: same. The Franchisee shall indemnify and
save harmless the City, its agents; officers atld_elnployees from any judgments recovered
by anyone for personal injury, death orproperty damage sustained by reason of any of the
Franclisee's activities permitted by this fi:anclise ~or for any actions or proceedings
. brought as a result of the award of this fianchise to Franclsee, to specifically include but
.not limited to Anti-trust.actions or proceedings, and shall pay all expenses,,includu1geosts
and attorney's fees, iii defending against ally such claim made against the City or any of
the City's agents,, officers :on,-employees.., ,Franchisee ,further .agree, to purchase
.comprehensive public liability and property damage insurance in the atmount of
$5,000,000 per accident,'event oroccurrence, naming the :City as an additional insured to ~
ahe 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 s11a11 be filed with the
. City. Clerk on or before the effective date of.ths franchise. . ,
. 23. .Licenses.. The Franchisee shall, at its sole expense, procure from all
_ governmental •autllorities ,having .jurisdiction over the operations of the Franchisee,
including the City,.a11 licenses, certificates, permits or other authorization whch may be
• necessary for the conduct of its operations. The Franchisee shall pay all taxes, licenses,
. certification,, permit and exasmination 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 coimection. 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. .
25. ~ Assignment. No assignment of franchise or any right occurring under this
ordinance shall be made in whole or in part by the Franchisee without the express written ~
.ORDINANCE NO. 07-1848
Page 9 of 12
consent of the City and the customer; in t:he event of any assignment, the assignee shall
assume the liability of the Franchisee..
26, Books, Records and Audlit: '
a. The Franchisee shall :keep records of wastes .collected and charges
therefore, and the City shall have the ri€;ht to review those records which in a.ny way
pertain to the payrnerlts 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 montlily billing of the
customer. ~ _
b. Franchisee shall furnish the City wit1Z 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 accuracy and completeness of the infornlation provided the
City by the Franchisee with special attention to the franchise fee.
27. ~ Bankru~itcy~ or hnsolvencv_. 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 banlcncptcy
petition.
28. Default.
a. The failure on thy, part of the Franchisee to comply in any
substantial-respect with any of the provi~iions of this ordinance shall be grounds :for a
• forfeiture of this franchise, bu't no such' for:Peiture shall take effectuntih the City has served
upon the Franchisee written notice of'defa.ult, 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 corre~et the same. If the Franchisee protests the
reasonableness or propriety of the City's de:charation, said'protest'shalh beserved upon the
City in writing within terl (10) days folle~wing receipt ~by the Franchisee of the City's
notice. The; protest shall be scheduled before the Longwood CityCoinrni"ssion at the next
available Commission meeting.
' ~ ~ b. If the City Commission; after .hearing the protest upholds. the'
reasonableness or propriety of tfie~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.
Y -
29. ~ Right 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 heldEto be a waiver of any 'succeeding breach of such
provision of as ~a waiver of any provision itself.
30. Independent Contractor. It is hereby understood and agreed that the
ORDINANCE NO. 07-1848
Page 10 of 12
Franchisee is an independent contractor and not an agent of the -City.
•
31. Modification. This ..franchise constitutes. the entire agreement and
understanding between the parties Hereto, and it snall,not be considered modified, altered,
. changed or amended in any respect unless in4writ_ing and signed by t11e parties hereto, and
adopted-as an amending. franehise;,ordinance. ~ ~ ~ •
. _ 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:. -s • _ - : ;::r ~:.r r r
• . , ~ .CITY= , , ,,City,Clerk , ~
• , ~ _ - City.of Longwood .
. ~ . 175 .West,~TJarren Avenue
• ~ ~ ~ ~ r.; Longwood; FL •3275.0, •
,
FRANCHISEE - Randy Waterlander, District Manager
. ~ . ; : t~ ,,Waste Services, of Florida, .Inc:
- _ ~
_ , , -10991VIiller Drive • ,
- ~ Altamonte Springs, FL 32701
407-855-3400
33. Remedies, Attorney's Fees and Costs. All remedies provided in this
francnise shall be. deemed. cumulative ,and additional and not in lieu of or exclusive of
;each other or of any other remedy avaihable to the City at law or in equity.. Iii the event the
City ,snail. prevail in airy action arising hereunder, .Franchisee shall pay to .the City its
costs; referable, thereto, including. attonley's fees.. , , ; , ~ , _ ' , . ~ •
` ~ ~ ~34.,~: Governing Law and Venue. This franchise.agreement shall be govenied
_ ~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. - , ~ ~ r
• 35., ~ . Headings: The headings of the sections ofthis~franchise 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:offacer, employee,. or agent of the City.has.any interest, either directly or
A indirectly, inane business of Frarchisee to be conducted hereunder..
.
_ ~ ~ . 3.7.; • Compliance with Longwood Code of Ordinances. Franchisee agrees to
comply with Chapter 70 of the,Longwood Code, of Ordinances, and alh other. City codes,
ordinances, rules and regulations.
ORDINANCE NG:~.,..~i848
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 t:he public interest from time to time, to prescribe reasonable rules and regulations
governing Franchisee's operations hereunder.
SL+',CTION TWO: Severability: The provisions ofthis ordinance are declared
to be seve:cable 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 le;gislative intent that this ordinance shall stand
notwithstanding the invalidity of any pari.
SECTION TH.0,2EE: Effective Date. This ordinance shall take effect
immediately upon adoption and acceptan~,e by the Franchisee.
FIRST READING: ~ zU07
SECOND READiT1G: Zc~a~
t~
PASSED AND ADOPTED THIS 1?
DAY OF 2007.
~ ./1~
o n go ,
ATTEST:
. ~ ,
1 ~~lGsO
v Sarah M. 1VIirus, CMC, City Clerlc
Approved as to form and legality for use and reliance by the City of Longwood, Florida,
only.
n
r~
Teresa S. Roper, Acting City Attorney
ORDINANCE NO
v,~-•i848
Page 12 of 12
ACCEPTANCE BY FRANCHISEE .J
The foregoing ordinance and the franchise provided for therein and all the terms and
onditions thereof are hereby accepted, approved. and agreed to this day of
~Z~N'1t3kYt- , 2007.
FRANCHISEE:
Waste Serv es of Florida, Inc.
vii
By: ~
Signature of Authorized Agent
v