Ordinance 94-1212ORDINANCE 94-1212
AN ORDINANCE OP 'INE CITY OF LONOWOOD, PLORIDA,
PROVIDING FOR THE GRANTING OF A NON-F.XCI.USIVF
FRANCHISETO s&RVICES FORTHECOLLECTION
OF COMMERCIAL SOLIU WASTE, TO IMPOSE CERTAIN TERMS,
CONDITIONS AND REQt1IREMENTS RELATING THERETO;
PROVIDING SEVERARILITY, CONFLICTS AND AN EFFECTIVE
DATE.
BE IT ENACTED 6Y TH[ CITY OF LONGWOOD, FLORIDA AS FOLLOWS:
SECTION ONE; There is hereby granted to _oEA SERVICES (herein called
the "Franchisee"), its successors antl assigns, a non exclusive right, privilege or franchise to
collect solid waste maerials from commercial establishmevtr wiNin Ne City of Longwood,
Seminole County, Florida, during Ne [erm antl subjecIto Ne following limitations and conditions
as hereinafter set forty.
I. Q1iHRft.IQQS..
a. "City"shall mean the City ottongwood, Florlda,amunicipal rorporation.
b. "Franchisee" shall mean the ivdivitlual, partnership or corporation
who/which agrees, as hereinafter providetl [o perform Ne work or service, or to famish materials
or equipment, or boN as set foM in this Franchise.
c. "Recovered materials"means metal,paper, glass, plastic, textile, or rubber
ma[enals Na[have knowr, recycling potential, can be feasibly recycled, and have been diveaed
and source separated or have been removetl from the solid waste stream for sale, s , o reuse
as raw materials, whether or not the materials requir subsequent processing or separation from
each oNer, but does not include materials destined for any use Nat constitutes disposal.
Recovered materials as dasubed ebova ara not solid waste.
d, "Solid waste management" shall mean Ne process by which solid waste is
collected, transported, stored, separated, processed, or disposetl of in any other way, according
to zn orderly, purposeful, and planned program which includes closure and long-term
e. "Solid wxsta management facility" shall mean evy solid-waste disposal
area, volume reduction plan[, transfer station, materials recovery facility, or other facility, Ne
purpose of which Is resource recovery or the deposal, recycling, processing, or storage of solid
waste. The [erm does not include recovered materials processing facilities which meet Ne
requirements of FS s. 403.~046(a) except Ne portion of facilities, if any, that is used for the
management of [ere managing sle.] solid waste.
f. "Solid waste" shall mean sludge unregulated antler Ure federal clean water
act or clean air act, sludge from a waste veatment works, water supply treatment plan[, or air
pollution control facility, or includes garbage, rubbish, refuse, special waste, or outer discartletl
material, Including solid, liquid, semisolid, of contained gaseous metuial resulting from
domestic, industrial, commercial, mining, agriculNral, or governmental opeations. Recovered
matrials as deF ned in FS s.403.'I03(t) are nOt solid waste.
g. "Commercial es~hlishmen["meansaproperry or properties zoned or used
for commercial or indusvial uses, or used by an entity exempt from axation under s. 501 (c)(3)
of Ne Imemal Revenue Code, and excludes property or properties zonetl or used for single
family residential Or multifamily residential uses.
h. "conswction and tlemolition debris"means materials generally considered
to be not water soluble and nonhazardous in nature, including, but no[ limited to, steel glass,
brick, contra aaphnlt roofng material, pipe, gypsum wallboarJ, end lumber, from Ne
eonso-ueuon or tleswetion of a sweture as pert of a eonmvc[ion of demolition prOjeG, and
including rocks, soils, vee remains, trees, and other vegetative matter which normally results
from land clearing or land development operations for a construction project including such
debris from conswction of sweNres at a site remote from the construction or demolition project
srte. Mixing of conswction antl demolition debris with other types of solid waste, including
material from a construction of demolition site which is not from the actual conswction or
destruction Of a structure, will cause it to be classified as oNer Nan conswction nnJ demolition
debris.
t. "COnamer"shall me any parable, nonabsorbent enclosed conainer wiN
a close fitting cover, or doors, approved by the HeaIN Department and the City, which is used
to store large volumes of refuse. It must be capable of being serviced by mechanical eyuipment.
j. "Special Waste' means solid wastes Nat can reyvire special handling and
mnnagement including, but not limited to, white goods, waste fires, used oil, lead-acid batterlu,
construction and demolition debris, ash residue, yard trash, and biological wastes.
k. "13iomeUical waste" means any solid waste or liquid waste which may
present a threat of infection to humans. The term includes, but is' nut limied to, nonliquitt
human [issue and body parts; laboratory and veterinary waste which contain human-tlisease-
causing agents; discarded disposable sharps; human blood, and human blood produce antl
body Fluids; and oNer materials which in the opinion of Ne tlepattment of Health antl
Rehabiliutive Services represent a signifcan[ risk of infection to persons outside Ne generating
facility. The term does not include human remains that are disposed of by persons licensed
under chapter 410.
I. "Biomedical waste generator' means a facility or person Nat produces of
generates biomedical waste. The term includes, but is not limited to, hospitals, skilled nursing
or convalescent hospitals, intermediate care F cilides, clinics, dialysis clinics, dental offces,
healN maintenance organiations, surgical clioiu, medical buildings, physicians' offices,
laborato es, etennary clini s, and funeral home.
m. "Biological waste" means solid waste Nat causes or has Ne capabiliry of
musing disease or infection end includes, but is not limited to, biomedical waste, diseased or
dead animals, and other wastes capable of transmitting pathogens w humans or animals. The
term does not include human remains Nat arc disposed of by persons licensed under chapter 410.
n. "Marerlals recovery facility"means asolid waste management facility Nat
provides for Ne 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 faoility" means e faciliry engagW solely
in the smrege, processing, resale, or reuse of recovered materials. Such a facility u not a solid
waste managemem facility iF it meets the conditions of AS s. 403.1045(1)(t).
p. "Ash Residue "has Ne same meaning as Ne term is defined in the
departmem rvle on solid waste combustors which defnes such term.
q. "Pelletized paper waste'means pellets produced exclusively Rom discarded
paper which is derived from a solid waste m nagemeat faciliry or a recovered materials
processing faciliry and which is shredded, extruded, or formulated into compact pelle6 of various
saes for Ne use as a supplemental fuel in permitted boilers oNer Nan waste-to-energy facilities.
The use of such pellets as a supplemental fuel in permitted boilers other Nan waste-to-energy
facilities' may be used, by local governments as credits toward Ne goals for reduction of solid
waste pursnam to PS s. 403.~06(4)(B).
r. "Source separated" means the recoveretl mateials are separated from solid
waste where Ne recovered materials and solid waste are generated. The term does not regwre
Nat various types of recovered materials be separated fiom each oNer and recognizes de minimis
solid wane, to accordance with intlustry standards and practices, may be includetl in Ne
recovered materials.
s. "City"shall mean Ne City of Longwood, Florida,a municipal corporavon.
2. TStm.
a_ Theterm of this fnnchise shall termivare on.SS.aenr~,l994 following
Ne effective dare hereof provided, however, Ne City reserves Ne right to terminate Ne same
poor Hereto if Ne Franchisee defaults in any ave of Na terms end conditions herein specified_
b. On ~i {pp~l, 1994, Nis Franchise shall beautomatically extentled for an
additional term of one near expiring Ne following Seotemher M1O )~ provided Ne Franchisee
shall make application for saitl extension at least 30 tlays prior to its termination. No fvMer
ex[enstons shall be granted without City Commission approval.
3. Serv cec Rnv'ded~+y Fmnch'see
a. Franchisee(s) shall provide Commercial Solid Waste Collection Services
in Ne City of Longwood, which shall be an exclusive right to Ne Franchisee(s). The Contractor
shall be responsible for billing and coliecvon of Commercial Solitl Waste Collection services and
tlisposal cosu'.
4. 1_InauNor zed Sere ce
a. No other person or entlty except Ne Franchisee(s) may offer or provide
Commercial Solitl Waste Collection Service in Ne City of Longwood. No commercial
establishment within Ne City shall utilize the services of a collector not holding a franchise from
Ne Ciry. Violations of Nis section shall be enforced by Ne City by legal action seeking
iNUnetive relief and damages.
c. Minimum Service: The Franchisee shall make at least two (2) weekly
collections at all commercial estahlishments subject to the terms of Nis ordinance and a[
sufficient additional intervals necessary to perfbrm adequate services and to protect Ne
envvonm , uNess pfherwise approved in advance by Ne City, provided however, where Ne
refuse is exclusively nompuvescible in nature, once weekly collections are permitted.
5. ):ranch ~e Prnceccine Fee A fee of ffry tlo0ars (550.00) shall be chargetl for
each franchise application to cover associated administrative cows.
b. Hvnts~ Collections shall be made between 6:00 a. m, and 6:00 p. m. unless
different times vre approved by the Ciry.
]. livrr. The Franchisee shall not litter premises in Ne praess of making
eollecUOns avd snail promptly pick up all papers, material or debris Nat may be scattered about
Ne container. Franchisee shall collect all mateial Nat has been placed in or about i6 wvtainers
unless oNerwlse directed by Ne City.
8. t 1=e and i nr n of Anmoved Conm <. Containers used for collecdon of solid
waste from commercial establishments shall be standaN mannfac[ured-type mechanically served
conramers, 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 property unless the use of public property is approved by Ne City.
Violations of this section shall constitute a breach and default of Nis agreement. The type of
conriner used, or vne location Hereof, may vary from Ne prov~s~onx of Nis section if approved
in writing by Ne City of Longwood, Florida.
9. BCCOVered Matgr.~y15,
a. Recovered materials generatetl at commercial ecwblishmenls must be source
separated at Ne premises of Ne commercial esmblishment prior m collection by a properly
cerdfied recovered materials dealer.
10. Ha]aMOl~x Materials. Collection of special and hazardous materials shall be in
smet compliance wiN all federal, srete, and local laws and regulations. Said materials shall be
storetl and placed in a manner approved by Ne approprixte regulatory agency,i.e. FDER, U.S.
EPA, etc., and Ne Ciry of Longwood.
I1. l'nllgc_F,.q!'pm~nt.
a. The Franchisze shall provide an adequa e number of vehicles for regular
collection services. They shall be kept In goad rePnir, appearance, and in a sanitary condition
at all times. Each vehicle shall have clearly visible Ne name xnd phone number of Ne
Franchisee and vehicla number not Tess Nan twelve inchu (12") in height on Ne rear and each
side, b. Franchisee shall certify to the City upon Ne commencement of each
franchise year Ne description and quantity of vehicles and equipment on hand and available for
regular collection services and backup in the event of any breakdowns.
c. Each dumpster shall be systematically marked, in a mnnner approved by
Ne City to identify itr capacity in yardage, scheduled date of pickup and its "dumpster number"
t.e„ fi, MWF, 452 woultl be a six (6) yard dumpster, w be picked up Monday, Wednesday and
Friday and it would be dumpster number 452. Such markings shall be amended w provide such
other information as Ne City may require promptly upon receipt of a notice from Ne Ciry
requiring a change of container markings.
12. Offce. The Franchisee shall establish and maintain a local offce or such other
facilities Uvough which it can be conucted, where service may be applied for, and compleintr
can be made. It shall be equipped with sufficient telephones, shall have one (1j
responsible person in charge tluring collection hours and shall be open during collection
hours.
13. }iay i1Fig. All solid waste hauled by Ne Franchisee shall be so covtaived, or
enclosed [he[ leaking, spilling or blowing are prevented. Iv the event of evy spillage, leaking,
or blowing o[ materials from truck, Ne Pranchlsee shall immediately cleav up the waste.
14. D.cnncat. All solid waste for disposal shall be hauled to F~ER approved sites or
facilites legally approved ro accept it for traetment or disposal. All recovered materials must
be processed at a certified recovered materials processing facility.
I5. Charges and RateS~ All charges and rates for Ne commercial collection of garbage
shall be set by Ne Franchisee in negotiation wiN Ne commercial establishment requiring We
service. Rates and charges shall not be sec by the City.
16. Comn sat on and Pavm
a. For Ne privilege of collecting solid waste from commercial esrablishments
within the Ciry, securing a franchise from Ne Ciry and for Ne use of the City sweets, [he
franchised collector shall pay to the Ciry, a sum equal to ten percent (]0%) of Ne grass revenue
from all sources related to the franchisee's operations in the City, including fees, charges, rental
of equipment, and funds paid outside Ne City for hauling materials from the City. Payment ro
Ne City shall be made four (4) times per year, on March I5, June 15, Sepcember 15, and
December IS, For Nree (7) full moans immediately preceding pvyment, except Ne f rst payment
if Ne first period is Tess than three months, in which case payment shall be prorated. Such fees
shall not include fees generated Rom the cotlstlon of rewvued materiels.
b. Franchisee, in fuller considetatlon of the Ranchise, shall make its Rnnncial
records available to Nu Ciry in accordance with procedures established from time to time by Ne
Ciry. The feu paid pursvaut to this Section shall not be added as a separate item on the
customer s collection bills, but rather shall be considered as an operazional expense.
e All payments shell betlue on the fifteenth (]Sth)of the mouN allowing Ne monN
of service. Any and all payments not paid by the ISN of Ne monN following the monN of
service shell beer ipteren et Ne rate of t89 per annum Rom Ne flm (1st) of the mooN
following Ne monN of service.
17. D'cc rv e nr Del'nn n[ Acmante,
a. The Franchisee may discontinue service to a commercial esublishmem as
set toll in [his rection. Commercial esWhlishments which have not remitted required pvyments
within Rfieen (1S) days elver the date of billing shall be notified. Said notification shell contain
a statement Diet service may be discontinued fifteen (15) days Rom Ne Uate of nohce if payment
is not made before that dine. In Ne event the Franchisee intends to discontinue a delinquent
account, it shall so notify the City at least f Reen (15) days prior to Ne lest day of collection.
Upon payment of the delinyuent fees, the Franchisee shall resume collection on the next regularly
scheduled collecdon day.
18. BtRS415- On Ne twenry-fifth (25N) day of Ne month following the monN of
service hereunder the Franchisee shall provide die City with a report. Said report shall be in a
form, either hard copy, computer disk (compatlble wiN the City's computers) or otherwise
satisractory to the City. The report shell include such information as the City may reasonably
require so as to ensure proper refuse service by all commercial esublishments within the City
and so as to ensure Franchisee's compliance wiN the terms and conditions of Nis report. Unless
otherwise directed by Ne Ciry's Director of Public Works, each report shall contain as a
(1) Customer's Utility Number (Assigned by Ne City)
(2) Customei s Business Name
2) Customer's business Address
(4) Cusvomer's Telephone Number
(5) Container(s) Number (s)
(b) Container(s) Capacity
p> comvacmrts7
(8) Pick-up Schedule for Containers avd Compactors
(9) Number of Pick-ups for all Containers and Compactors
(10) Fanchisee Aee
This report shall be submittetl no later than the twenty-fifth 25th) of the month following Ne
monN of service, covering all activities during the month of service, to [he lJlreetor of Public
Works.
19. furs'. All complainu shall be resrolvN by franchisee wiNin twenty-four
(24) hours. The Franchisee shell supply the City with copies of all complaints on a form
approved by the City and indicate Ne disposition of each complaint. Such records shall be
available for City inspection at all times During business hours. The form shall intlica[e the day
and hour on which the complaint was received anU the day and hour on which it was resolved,
Ne name of the complainant, Ne nature of the complaint and the manner of resolution. When
a complaint is received on the day preceding a holiday or on a Saturday, it shall be serviced on
the next working day.
20. Noffcat The Franchisee shall notify all customers about complaint
procedures, regulations, and days of collection.
21. Franchisee Personnel.
a. The Franchisee shall assign a qualified person or persons to be in charge
of his operations in Ne City and shall give Ne name or names to the City; information regarding
experience shall also be famished.
h. Franchisee's egllocJOn umployees shall weer a clean uniform bearing Ne
company's name.
e. Each employee shall, at all times, carry a valid operator's license for the
type of vehicle he is driving.
d. Tha City may request the dismissal o appropriate discipline of any
employze of Ne Franchisee who violates any provision hereof or who is wanton, negligent, or
discourteous in Ne performance of his Dulles.
e. The Franchisee shall provide operating and safety training for all personnel
and shall certify same to the City annually upon renewal of Nis Franchise. Such certification
shall identify all employees employed in Longwood, Neirjob tlescription antl Ne nature and type
of Vaining given said employees.
f. The Franchisee shall comply wiN Ne Equal Employment Opportunity
Program, Ne Fair Labor Standards Act and all other applicable Federal and State Statutes
penaining to Fair Employment practices.
ZZ. Franchisee Eot'nm n .
a. All weks or oNer vehicles operated by the Franchisee in the Ciry shall be
subject to, and shall immediately submit to spot, on Ne road inspections by the City or its agent
and if found to he unsafe, svid vehicle shall be immediately removed from service until it can
he repaired and is successfully reinspettW.
b. The use of vehicles failing to maul standards after mspectlons mxy be
grounds for cancellation of the franchise by Ne City Commission, if found alter notice to the
Franchisee and an opportunity w be heard, w be Flagrant or repeated in nature.
23. Cmm~liance within Lws. The right is hereby reserved for the City to adopt, in
adtli[ion to Ne provisions herein contained and existng applicable ordinances, such additional
regulations as it shall fnd necessary in the exercise of the police power, provided that such
regulations by oNinance or otherwise shall be reasonable and not in conflict with Ne incended
purpose of this ordinance. The Franchisee shall contluct operations under Nis ordinance in
compliance wiN al I applicable laws and its failure to comply shall eonstlmte a Default hereunder.
This fanchise shall not be conswed to repeal or revise any existing ordinance and to Ne extent
Nat any provision of Nis franchise is inconsistent wiN any existing oNinance, Nen such existing
ordinance shxll prevail and control.
24. Payment eon f. The Franchiseeshall Potnish to Ne CiryaPayment-onU executed
by a surety licensed and authorized to do business in Ne State of Florida in Ne amount of
SIOp,000.00 insuring [he faithful payment antl performance of Ne terms of this oNinance and
executed by a surety company. Said Payment Bond is in ev amount deemeU by the City and the
Franchisee [o be reasonable and necessaryto enable Ne City to ensure sll franchise fees due antl
payable hereuntler antl paitl as antl when dne.
25. Liahlity. The privileges herein granted are upon Ne express condidons Na[Ne
Franchisee shall be liable for all damages or injury [o persons or property caused by i6 neglect
or mism nagem , or by Ne actons of any of itt employees while engaged in Ne operatons
herein avNOrized, or for any a nons or proceedings brough[ as a resin[ of Ne award of this
franchise to Franchisee, ro specifically include but no[ be limited to Antidust ecnons or
proceedings. Should Ne City of Longwood be sued therefor, the Franchisee Shall be notified
of such rvit, and Nerwpon it shall be its duty to tlehntl Ne suit or at the Ciry's option to pay
Ne legal fees of Ne City's attorney to defend Ne suit an0 shovltl judgment go againsr Ne Clty
~n any such case, Franchisee shall forthwiN pay Ne same. The Franchisee shall indemnify and
save harmless Ne City, i6 agents, offcers and employees from any judgments recovered by
anyone for personal injury, deaN or property damage sustained by reason of any of Ne
Franchisee's activities permitted by Nis franchise or for any actions or proceedings brough[ es
e remit of Ne award of Nis franchise to Franchisee, to specifically include but not limited to
Anti-tnrs[actions or proceedings, and shall pay all expenses, including costs and attorney's tees,
in defending againsr any such claim matle egalnat the City or any of Ne City's ae , officers
or employees. Franchisee fuN[er agree to purchase comprehensive public liability and property
tlamage insurance in Ne amount of $5;000,000 per accitlent, event or occurrence, naming Ne
City as an additional insuretl to Ne extent of its rights against Franchisee arising by virtue of this
secnon. The insurance policy will provide Nat Ne Ciry shall be given Nirty (3l1) days written
nonce prier to ceneetlation or modtfication. A copy of said polfey of insurance shall be fled
with Ne Gry Clerk on or before Ne effective Uate oP Nis fanchise.
26. L'censes.'1'he Franchisee shall, at its sole expense, procure from all governmental
authorities having jurisdiction over the operations of Ne Pranchisee, including Ne City, all
licenses, certificates, permits or oNer authorization which may be necessary for Ne contluct of
its opera[ions. The Franchiseo shall pay all taxes, licenses, certification, permit and examination
fees and excises which may be assessed, levied, exacted or imposed on ik Droperty, on its
operations, on its gross receipts, and upon Nis franchise and Ne rights and privileges grantetl
herein, end shall make all applications, reports and returns required in connection Nerewi N.
2]. Wnrkei s Cnm~. The Fl'anchise shall cazry, wiN an insurance company
auNOrized to transact business in Ne Sta[e of Florida, a policy that fulfils all the reyuiremenLs
of Ne Worker's Compensation Ac[ of said State, including all legal requirements for occupational
diseases.
28. No assignment of finneFtise or any right occurting under Nis
ordinance shall be made In whole or in pert by Ne Franchisee withw4 theexpreas written consent
of Ne City end the customer, m [he event of any assigvm t, Ne auignee and Ne assignor shall
boN be liable under the Franchise.
29. 8+aka R o la and A~ilL
a. The Franchisee shall keep records of wastes collected antl charges Nerefor,
and Ne City shall have Ne right to review Nose records which in any way Pertain to Ne
payments due it as well as the billing of all cestomers by Ne Franchisee. If disposal facllitlu
are operated by Ne City, records of incoming wastes shall be maintainetl by Ne City. The
Franchisee will be responsble for Ne monNly bitting of Ne customer.
b. Franchisee shall furnish Ne City wiN an annual audi[, tlue on November
I S of each calendar' year, for Ne service year or portion thereof ending Ne previous Sett emher
34fi_. Said audi[ shall be prepared by un Intlepentlent certified public accountant complete with
creditor's opinion which opinion shall he subject to acceptance or rejection by Ne City. The
audit shall reFlect the accuracy and completeness of Ne information provided the City by Na
Franchisee including detailed date and cumpuWtlon concerning Ne franchise fee.
30. San~pr Insolv~ncv. [f Ne Franefrisee becomes insolvent antl in any anon[
if Ne Franchisee files a pe[ition of voNnrary or involuntary bankruptcy, then this franchise shall
terminate in no event later than Ne date of filing of Ne batikcuptcy petltion.
31. Rxfaull.
a. The faiNre on Ne par[ of Ne Franchisee [o comply in any substantial
respect with any of the provisions of Nis ordinance shall be grounds for a forfeiture of this
hanchise, but no such forfeiture shall take effect until Ne City hasserved upon the Franchisee
written nonce of default, which notlce shall set forty Ne naNre and extent thereof. If a defavl[
can be eonected, the Pranehisee shell have Nirty (30) days following Ne notice of dePeul[ to
torrent Ne same. If Ne Franchisee protests Ne r'eesonableneu or propriety of Ne Gty's
declaration, said protest shall be served upon Ne City in writing within ten (10) days following
r ceipt by Ne Franchisee of Ne City's notice.
h. If Ne City and Ne Franchisee cannot agree as to Ne reasonableness or
propriety of Ne City's declaration of default, Nan the issue shall be promptly submitted to
binding arbivation. Tbreo qualified arbitrators shall consumte a -oard of Arbiveaon, one
arbivator to be selected by Ne City, one by Ne Franchisee and one by Ne arbitrators so selected.
The Hoard of Arbivators shall notify the City end Ne Franchisee of Neir determination of Ne
raasonahleness and propriety of Ne City's declaration of default not later than thirty (30) days
following submission of Ne issue to Ne Board. Arbitration shall he pmsnan[ to the Florida
Arbitration Code, Chapter 682, Florida Surutes.
c. The purpose of [his section is to enable Ue City end the Franchisee to
resolve by arbivation such differences as Ney may be unable to resolve by muwal agreement.
NoNing conuined herein shall be conswetl to limit or restrict Ne legal rights and powers of Ne
City or the Franchisee.
}2. R' h R o P f The failure of Ne City at any time to require
pertormance by the Franchisee of any provisions hereof shall in no way affect Ne right of [he
City NereaRer 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 sacceetling breach of such provision or as a waiver
of any provision itself.
33. f d d _C4ntLdfl4i. I[ is hereby understood and agreed Nat Ne Fancliisee
is an independent convanor and no[ an agent of Ne City.
34. I r~IifAtl4n. This franchise consdwtes Ne entire agreement and understanding
between Ne patties hereto, and it shall not be considered modifeU, altered, changed or amended
in any respeu uvleas in wrivng and slgneJ by the patties hereto, and adopted as an amending
franchise ordinance.
35. [y'p}iG;. As required for any puryose in Nis franchise, notice shall be addressed
and sent by certified IJnitetl States mall to Ne Ciry and the Franchisee as follows;
CITY: Geri Zamhri, City Clerk
I]5 W. Warten Ave.
Longwood, FI. 32"150
FRANCHISEE:
36. Remed'es Attorney's Fees and Cnsc. All remedies provided in Nis franchise
shall he deemed cumulative and additional and not in lieu of or exclusive of each oNer or of any
other remwy available to the City at law or in equity. In Ne event the City shah prevail in any
action ansing hereunder, Franchisee shall pay to Ne City its costs, referable thereto,rncluding
attorney's fees.
33. Gnvemgl aw and V~nye_ This franchise agreement shall be governeA by the
Taws of Ne State of Floritla. Any and all legal action necessary [o enforce the Agreement will
be held in Seminole County and the Agreement will be interpreted according to the laws of
Florida,
38. x aim. The headings of the sections of [his fanchise are for purposes of
convenience only and shall nol be deemed to expand or limit the provisions contained in such
39. Warran(.v of Franchisee. The Franchisee represents and warrants unto Ne Ciry
Nat no officer, employee, or agent of the Ciry has any interest, either directly or indirectly, Tn
fDe business of Franchisee to he wnduue4 hereunder.
40. Amendmen . The City reserves the right to amentl Nis ordinance in any menner
necessary for the hea1N, safety or welfare of the public, anU the Ciry reserves the rlgh[, in the
public interest from time to u e, to prescribe reasonable rules and regulations governing
Franchisee's operations hereunder.
4l. pub~,~ No Frarchisee or Contractor may be a person oc affiliate
identifetl on Ne Department of General Services "convicted vendor" list This list i> defined
as ~onststing of persons or efti lletrs who are dlsgiialifled Prom public eontracting anU purchasing
process because Ney Dave been found guilty ofa public entity crime: The Franchisee is regviretl
to comply wiN Florida Statutes Section 28'1.133, as emended, or its successor.
SECTION TWO' S {~areti fty: The provisions of this ordinance are tleclared to be
separable and if eny section, sentence, clause ar phrase of Nis ortlivanee shall For any reason De
hole v aetid or uocoastinit iGi ~ s6a11 not aff [the validity the runaining
laiuvs and ina~ c 11 remei~i h
ntuic thnt i is ~ d'n, ~ invel~< ar.
' l Niniui it on ~ and
PASSEIJ AND ADOY'CGD TEt15 i _,. DAY OI >_ 1994_
FIRS"[ JINO _ (
S6'COND READING _ (~qrl~
AVPP A THIS ~ST DAY OF~ 1994.
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ERAI~ i1SEE:
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