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Ordinance 94-1174ORDINANCE N0.94-11J4 AN ORDINANCE OF THEC CITY OP LONGWOOD, FLORIDA, PROVIDING FOWes[ern GRANTING OP A NON-EXCLUSIVE FRANCHISE TO_ Wa --ra~~ FOR THECOLLECTION OF COMMF:RCIA~Ib~~IMPOSE CERTAIN TERMS, CONDITIONS AND REQUIREMENTS RELATING THERETO; PROVIDING SEVERARILITY, CONPLICTS AND AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY OE LONGWOOD, FLORIDA AS FOLLOWS: Western Was e Indus tries5 SEGTIGN ONE: There is hereby granted to Inc o£tFi. -_ (herein called thz 'Franchisee"), its successors antl assigns, a non exclusive right, privilege or franchise to collect mlid wore materials from commercial esvblishmenw within Ne City of Lougwootl. Seminole County, Florida, during Ne term antl sub]ect to Ne following limiwtions and conditions xs hereinafier set foM. I. P2f-ILP~. e. "City"shall meanthe Clry of LOngsvoal, Florida,amunicipal wrporadon. h. "Franchisee" shall mean the individual, partnership or rorporation wholwhich agrees, as hereinafter provideU to perms nn the work or service, or to famish materials or equipment, or hoot as set forty in Nis franchise. c. "RecovereU materials''means mewl,paper, glasx, plartic, textile, or robber materiels Nat have known recycling potential, can be feasibly recycled, anJ have been Diverted anD source separatN or have been removed from the solid warm stream for sole, use, or reuse as raw materials, whether or not the materials reyuire subsequent Processing or separation from each other, but does not include materials denined for any use that mnstlmtea disposal. Recovered materials as described above ere not wlid waste. d. "SOIiD wade management" ,shell mean Ne process by which soli) waste is collected, transported, stored, srpareteU, processeD, or Disposed of In any other way, according to an orderly, pwPOSeful, xnd planned Program which includes closure and long-term e. "SOIId wane management faclliry" shall mean any solid wane dispose) area. volume reducdon plan[ Transfer smtion. mateials recovery facility, or oNU feciliiy, Ne purpore of which u'resoutce recovery or the disposal. reeyGing, processing, or storage of solid waste. The term Uoea not Include ruovereJ materials processing facilities which meet the requiremen~ of FS x. 403."1046(4) except Ne portion of facilidex, if any, Nat is used for the management of dare managing sic.) solid waste. f "Solid weste'shnll mean sludge unregulated under Nefedarel clean water as or clean air act, sludge from a waste vestment works, water sapply treatment plant, o air pollution control facility, or includes garbage, rubbish, telure, special wasto, or older discarded marerlal, including solid, liquid, semimlid, of covmlaed gaseous material resulting fiom tlomesae, indusrial, commercial, mining, ngriculturnl, or gov rnmeninl operations. Remvmed materials as deEtned in FS x.403."103("!) are no[ solid wane. g. "Commercial esmblishment"meansa property or properties zoned or used for commercial or industrial uses, or iced by an entity exempt from pxavion under s. 501(e)(3) of the Internal Revenue Code, and excludes property or properties caned or used for single- family residential or multifamily residential uses. h. "ComShVC(IOn and demolition debris"menus maim'tats generally considereU to he not water soluble and nonhazardoux in naNre, including, bu[ not limited ui, steel glass, bock. concrete, xsphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destivction of u xtruaure ns part aFn construction of demolition projec, and including rocks. soils, tree ratan s, vu.s, and other vegnative molter which normally results from land clearing or land development opemtivns for a construction project including such debris fiom wnswerion of swcmres ntn site remote kom the conswcfion ordwnolition prgJect si[e. Mixing of construction and demolition debris wiN other types of solid waste, including material fiom a eonsvucdon of demolition site which is not from the actual construction or dexvuevmn of a svucture, will cause it to be classified as oNer Nan construction end demolition Debris. i. "COnuiner"shall m¢nv any portable, nonnbxorbev[encloseU Container with a close ilaing cover, or doors, approved by the Health Department amd the Ciry, which Is used toscore large volumes of refure. It man be capable of being se iced by mechanlenl equipment. j. "Special Waste" means solid wastes that can require special hnntlling anU m nagement, including, but not llmi[ed to, white goods, waste fires, usN oil, lead-acid batteries, constrmction end demolition debris, ash residue, yard vash, and biological wastes. k. "Biomedical waste mcam vny solid waste or liquid wane which may presem a Nrear of infection to humans. The term includes, but is not Ilmlte4 to, vouliquiJ Faman tissue end body parrs; laboratory and veterinary waste which conmlo human-0iseasa causing agents; discarded tlisposable sharps; human blootl, and human blood products and body Fluids; and other materials which in Ne opinion of [he depanment of }{ealN and Rehabilitative Services represent significam risk of infeection to persons outtide the gen r ring futility. The rum does not include human runains Nat are UisposeU of by persons licensed under chaP[er a'10. I. "Biomedical we to gen raror meant a facility or pemon Nat praluces of gen rates biomedlcel waste. The term includes, bat Is not Ilmited to, hospiinls, skilled nursing or convalescent hospitals, intermediate care facilities, clini s, dialysis clinics, denml offices, healN maintenance organirations, surgical clinics, medical buildings, Physicians' offices, laboratories, veterinary clinics, and funeral homes. m. "6inlogicel waste" means solid waste that anuses or has Ne capability of causing disease or infection antl IncloJes, bin is no[ limited to, blometllcal waste, tllswsetl or dead animals, and oNU was'tea capable of vensmltting paNoguts N humans or animals. The term does not include human remains that aredisposavl of by persons IianxeU under chapter 4']0. n. "Materials rewvery facility' means a solid waste m nagement 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 materiels Processing facility" means a facility engaged solely to Ne uoraKe, processing, resale, or reuse of recovered materials. Such a facility is not a solid waste management facility iF it mean Ne conditlons of FS s. 403.~615(I)(f). p. "Ash Residue "has Ne same meaning as Ne term Is Defined in Ne Department rule on solid waste combustors which defines rvch term. q. "Pelletized Paper write"meanspellets produced exclusively from discarUeA paper which is derived From a solid waste management facility or a recovered materiels processing facility and which is shredded, exuded, or fornmlated inN wmpact pnlletsof various sues for Ne use as a mpplemantal Nd in per nitteJ bonus othu Nan waste-to-energy facilities. The use of such pellets ar a supplemental fuel in pumntnl boilers oNer Nan waste-to-energy facilities may be useA by local gov rmnents es crcJiis towarU Ne goals for reJunion of soli) waste pursuant to FS s. 403."!06(4)(8). t. "$Oa2 separated"meavs Nerecoveted meterlalsar separated from solid wazte where the recoveed materiels end solid waste ate gen rated. The term does not requir (hat vazious rypes of recovered mxterials be sepnmted fiom each othm' and recognizes de minimis solid wane, to accordance with industry swndaNS and practices, may be iveludul in Ute ieutvered materials. s. "City" shall mean Ne City of Longwood, Florida, a municipal corporatlon. 2. Tern. a. The termoFthis franchiseshall[erminate on Saotemher 9l), 1994 following Ne effective date hereof provided, however, Ne City reservrs~ the right to terminate Ue same prior Hereto if Ne Franchisee tlefaults in any one of the terms enU conditions herein specified. b. On QSyp¢gL~, 1994, this Franchise shall beautomatically extendetl for an additional term of on~vcar ezpiring Ne following mom nhu 30 1995 providW Ute Franchiree shall make applicedov For said extension at (east 30 Uays prior to its termination. No fuller extensions shall be grunted without Clty Commisv'ion aDPtavul. 3. Sere ces Prov dad by Franchisee a. Franchisee(s) shell provide Commercial Solid Waste Collection Services in the Cily of Longwood, which shall be av exclusive right to the Franchisee(s). The Contractor shall be responsible for billing enU collection of Commercial Sulid Waste Collection services and disposal cosss. 4. tlnaucn x ~ erv to a No other person or entity except the Franchisee(s) may ofiNr or provltle Commercial Sohtl Wsste Collection Service in the City of Longwood. No eommrxclal establishment within Ne City shall utilize Ne setvires of a collector not holding a franchise from Ne Ciry. Yolations of this section shall be enforced by the City ny legal action seeking injunctive relief and tlumages c. Minimum Service: The Franchisee shall make at least two (2) weekly collechons at all commercial eswblishments subject to Ne terms of Nis oNinance and at sufficient xdditional intervals ncussery to perform adequate servtes and b protect the envvonme t, anles> pNerwise approved iv advance by Ne City, provided however, where Ne refuse is exclusively non-purcescible in nature, once weekly mllecuons are pumihed. 5. Franch're Roces~ tie Fee' A fee of fifty Dollars ($50.00) shall be charged for each franchise application to cover associated adminishadve cost. 6. Hnur~. Collections shall be made between 6:00 a.m. and b'W p. m. unless differem times are approved by the Ciry. ~. Litter. The Franchisee shell not litter promises in He process of making collections and shall promptly pick up all papers, materiel or debris that may be sennered about the container. Franchisee shall collect all material that has been placed in or about its conminers unless otherwise directed by the Ciry. 8. Ilse and Lcxa[on of nnprn ed Cno ra. Conumms usW for collection of solid waste fiom commercial establishments shall be standard manufactured-type mechanically served eonmtvers, compatible with He private commercial eolleemr's servicing equipment. Containers shall be placed at locations readily aceesslble vo franchisee's personnel. ContaLters shall be located upon private properly unless [he use of public property is approved by the City. V ioladons of this section shall constitute a breach and default of this agreement. The type of uonmtner used, or the location Hereof, may very fiom He Drovts~ous of this rectlon if approved to writing by the City of Longwood, Florida. 9. Becovered Materials a. Recovered mamrials generated a[ commercial eswblishmevu' maul be source separatetl at the prem~res of He commercial establishment prior to collection by x properly certified recovered materials dealer. 10. _ u~ou. Material.. Collecton of special and ha>artlous materials shall be In stud rompliance with ell federal, smte, enU Iocxl laws turd reguladons. Said maerials shall be stored and placed in a manner approved by He appropriate regulatory agency,i.e. FDER, tl.S. EPA, etc., and He City of Longwood. Il. Collection Eeuinment. a. The Fmnchla'ee shall provide tin adequate number of vehiclos for regular collection services. They shall he kept in guns repair, appearance, and in a sanitary condition at ell tlmes. Each vehicle shall have clearly vlslble He name and phone number of the Franchisee end vehicle number not less Han twelve inches (12") in height on He rear and each side. b. Franchisee shall certify to Ne City upon Ne commencement of each frznchise year Nedescription nod quamity of vehicles and eyuipment on hand end available for regulaz collection services and backup in Ne event of any breaktlowns. c. Each dumpsrer shall be systematically marked, in a manner approved by Ne Ciry ro identify its capacity in yardage, xheduled dace of pickup and iu "tlumpster number" s.e., 6, MwF, 452 would bea six (6) yaN dumpsrer, to be picked up Monday, Wadnexday and Friday and it would be dumpner number 452. Such markings shall be amended to provide mch other information as Ne City may require promptly upon receipt of a notice from We City reyuiring a change of container markings. 12. Q{{tg,K. The Franchisee shall erablish and mainuin a local oftice or such other facilities Nrough which it can be contacted, where service may be applied for, and complaints can be made. Ic shall be Wuipped with rvfticiem mlephones, shell have one (1) reryonsihle person in charge during collectlov hours and shall be open during collection hours. 13. Haul'ne. All solid waste hauled by the Franchisee shall be so contained, or enclosed that leaking, spilling or blowin6 arc prevented. In the event of arty xpilinge, leaking, or blowing of me[uials from truck, Ne Franchisee shall immediately clean up Ne waste. 14. pyl. All solid waste for Disposal shall he hauleJ to F~ER approved sites or Poc itiUU legxlly approved to accept it for trratment or disitosal. All recovered materials must be processeA ar a certified recovered materials processing facility. I5. Charges and Rates. All charges and cares for the commercal collection Of gvrhnge shall be se: by the Franchisee in negotiation wiN Ne commercial establishment reyuiring Ne service. Rates and charges shall no[ be .set by Ne City. 16. C~ d p (. a For Ne priv ilege of mllening solid waste from commercial establlshmenu within Ne City, sec ring a kanchise from N< City antl for Ne use of Ne Gty strceu, the franchised collector xhall pay to Ne City, a sum equal to ten pereGtt (109) of Ne groxs revenue from ell sources related to Ne franchisee's operations in Na City, including feex, charges, rental of equipment, enJ Cunds paid outride Ne Ciry far hauling m serials from Ne City. Paymen[ to Ne Ciry shall be made four (4) times pct year, on March I5, June 15, September 15, end December 15. for three (3) f uIl months immediately preceding payment, except Me firs[ payment if the fi[n period is less than three months, in which rase payment shall be prorated. Such feu shall not include fees genern[ed from Ne collectlon of recovered materials. b. Fanchisea, [n furNer wtnsldemHOn of rite franchise, shall make Vu' Flvavcial records available to the City in accordance wiW Vroeedures esmblished fiom time [o [ime by the Ciry. The fees paid pursuant to [his Section Tell not be added as a seyarate item on the cunomer s wllection bills, but mNer shall be considered as an operatlonel expense. c. All payments shell bedue on MefiheevM (15M)of the monN Following the monN of service. Any and all payments not paiU by the ISM of Ne moats htllowing Ne monN of service shall bear interest a[ the rate of 189 per annum From the frn (1st) of Me monN following Ne month of srvice. 1]. D'=con n~e_ _erv ce or Delinpeent Acc in[ . e. The Franchisee may disconunue serv[ce. to a commercial esmblishmen[ as set forts in Nfs'section. Commuclal eawbllshmencs which have not remitted requhed Paymen[s within fiheen (iSJ Uays after the dale of billing shall be noufieU. Saltl notiPCntion Tall conmin a stetemevt Net service nuy be disu>ntsnued ffreen (IS) Uays from Ne Uate of nonce if payment [s not made before Nat tlme. In Ne event Me Flavchisee intends ro Utscominue a tlelinyuen[ aaount. it shall so votify Ne City at lean fifteen (IS) days prior to the Ias[ day of collecdon. Upon payment of Na delinyuent fees. Me Franchiseeshall resume collectlon on Me next regularly xchaluled collectlon day. I8. Rg on=. On Ne twenty-fHh (2SN) Uay of Ne monN following Ne moats of service herwnder Me Franchisee shall provide Ne Clry wiN a reDOn. Said report shall be in a form, either harU copy, eompmer disk (compatible wiN Ne Clg's computers) o otherwise satisfactory to Ne City. The report shall include such informa[ion as the City may reasonably require so as to ensure proper refiase service by all commercial esmblishmen[s wiNin Ne City and so asto ensure Franchisee's compliance wiN Ne terms unU Conditions o(Nis report. Unless otherwise directed by Ne Ci[y's Director of Poblie Works, evch report shall conmin ax a (Ij Cvnomei s Uvlity Number (ASSigneU by Ne CityJ (2) Cunome['s Businccx Name (s> eaut~ners on„nos nddren (d) Customers Telephone Number (5) Container(x) Numher (s) (67 Covminer(s) Capacity o) comvarn,ga> (g) Pick-up Schedule for Container and Compnaor (9) Number of Pick-ups Por ell Containers and Compactors (I O) Frenchuee Fee This report shall be rvbm itmd no Inter than the twenty-fifth (25th) of Ne monN following Ne mondr of servtee, covuing all ectivittes during the month of'serv ce, mthe Direcror of Public Works. 19. Cmm~laln~c. All complaints shall he resolved by Franchisee within twutry-four (2d) hours- The Franchisee shall supply the Ciry with espies of ell complaints on n farm approved by Ne Ciry antl indicate file diNwsition of each complaint. Suet records shall be available for Cityinspeenon at all tlmcs during business hours. The form shell indicate the day and hour on which Ne complaint was revived and the day antl hoar on which it was resolved, dre name of Ne complninent, the nature of the complvln[ end the manner of resolution. When a complaim is received on the day preceding a holiday or on a Saturday, it shell be serviced on the next working day. 20. Noi fcatt n. The Frnnehisee shell notify all cusmmms about complaint procedurts, regulations, and days of collenion, 21. Franch'see _ noel. a. Tae Franchisee shall assign a qualiFed person or persons to be in charge of his operations in Ne Ciry and shall give the name or names to Ne City; information regarding experience shall also be famished. b. Franchisee's collation employees shall wear a clean unitonn hearing die company 5 name. c. Each employee shell, vt all ti tuts, carry a valid operator's lieenre for the type of vehicle he is driving. d. The City may reyues[ the dismissal ur appropriate discipline ul' any employee of Ue Franchisee who violates any prov~s~on hereof or who is wan ,negligent, o discourteous iv Ue performance of his duties. e. The Franchisee shall provide operafing end safety training fnrall personnel and shall certify same to the City annaally upon renewal of Uis Franchise. Such certification shall identify all employees employed in Longwood, Ueirjob description and Ue nature and type of training given said employee . f. The Franchisee shall comply with the Equal Employment Opportunity Program, Ue Fair Labor Standards Act and all other applicable Federal and Swta Statutes pertaining to Fair Employment practices. 22. Franchisee Eot'om nt. a. Alltrucks or other vehicles operated by the Franchisee in Ue Ciry shall be subject to. and shall immediately submit to spot, ov Ue road inspections by Ue Ciry or i6 agem and if found to be unsafe, saitl vehicle shall be immediately removed from service until it can be repaired avd is successfully reinspected. b. The use of vehicles failing to meet smudards after Inspections may be grounds for cancellation of the finnchise ny Ue City Comrtiisroion, if fount after notice to Ue Franchisee avd an opportunity to be heard, to be Flagrant or repented in nnwre. 23. Cnmpl'ance w th'n Laws. The right is heretry reserved for Ue City to adopt, in addition to Ue provisions herean uontaine4 and existing applicable ordinances, such xdditional regulations as it shall find necessary in Ue exatcixe of the police power, provided Uat such regulations by odinance or oNerwise shall be reasonable and not in conflict wiU Ue inrentled pur{ros< of this ordlnauce. The Franchisee shall conduct olmra[ions under Uis ordinance in compliance wiU all npplleable laws and its failure w comply shall constieute n Uefnult hueunder. Thiti franchise shall not he consttued to repeal or reviae any ext ring ordinance and to the extent that any provision of Uis franchise is inconsistent with any ex~sdng ordlnanee, Uut such existing ordinance shall prevail end control. 1d. ~ ern B nl. The Franchisee shall famish to the CityaPayment DOnd executed by a surety licensed and auNOrized [o do buxiness in Ue State of Florida in the amount of SIOO,000.W ins ring the faithful payment antl perfortnencc of Ue rums of this ordinance and ezeeuted by a s rely company. Said Payment Dond is iu nn amount deemed by Ue City and Ue Franchisee to be revsonable end necessary w enable Ne City m ensure all franchise fees due antl payable hereunder and paid as and when due. 25. Li il' The privileges herein granretl are upon He express condition Hal He Franchisee shall be liable for all tlamages or injury w persons or Property caused by its neglact m mismanagement, or by He naions of any of its employees while engaged in He operations herein auNOrized, or far any action or proceedings brought ns a ree'WL of Ilse award of [his franchise to Franchisee, to ryecifically include but nut be limited to Allu-Irnt actions or proceedings. Should the City of Longwood be sued Nerefor, the Franchisee shall be notifed of such suit. anJ Hereupon it shall be itr duty to defentl He suit or a[ dre City's option [o pay the legal fees of He City's attorney to defend He suit and should judgment go agvint Ne Ciry in any such case, Franchisee shall foMwiH pay the same. The Franchisee shall indemnify and save harmless the Gty, itr agenn, otTicers antl entDloyees fiom any Judgments recovered by anyone for personal injury, death or property damage susuined by reason of any of He Franchisee's activities permitted by this franchise or for any actions or proceedings brought as a result of the ewertl of this franchise to Franchise, to specifically include but not limbed m Ann-wst actions or proceedings, and shall pay all expenses, ineludlvg cols and attorney's feea, in defend'mg against any such claim made againrt the Ci[y or any of the City's ngentr, of{aers or employees. Franchisee further agree to purchase comprehensive public liability antl property damage i mrance in the amount of 55,000,000 per accident, event or acurrence, naming the City as an additional insured to the ez[evt of itr rights ngair st Pranchlsee wising by virtue of This section. The inuranee policy will provide that Ilse Ciry shall be givwi thirty (30) tlays writtan notice prior to cencelladon or modlfiva[ion, A wpy of said policy of insurance shall be f led with He City Clerk on or before the effective date of This frnnchire. 26. }jsgp5g5. The Franchisee shall, at iu soleexpen e, pro ore from allgov rnmenUl auNOrities having jurisdieuon over the operations of the franchisee, including the Ci[y, ell licenses, cerdfcates, permits or other authoriralion which may be necessary for He conduct of its operations. Tae Franchisee shell pay all axes, licenses, certification, Vermit and examine[ion fees and excises which may be assessed, leviW, enacted or imposed on in property, on itr opeations, on its gross rewipn', and upon [his frnnchire and Ne righn' antl privilegex granmd herein, and shall make all applications, reports and returns required N connection Herewith. 22. Wnrker'c C m .The Franchise shall arty, with an tmuranee company anthonzed to transact business in Ne State of Florida, a policy Nnt fulfills all Ne regnir menu of the Worker s Compenseuon Act of said State, including olI legal requir menu For occapatioval diseases. 28. AttjP~~. No auignment of franchise or any right oaurting under this ordinance shall be made in whole or in part by the Frunchisme without Ne express written consent of the City and Ne customer, in ehe event of any assignm t, Ne ssigne and the assignor shall borh be liable under the Franchise. 29. Annk~ Remrls and ~. a. The Franchisee shall keep records of wartescollected and charges therefor, and Na City shell have Ne right N review Nose records which In any way Derain N Ne payments due it as well as Hie billing of all cunomers by the Franchisee. If disposal Facilities are operated by Ne Clty, records of incoming wastes shall ba mainrnined by the City. The Franchisee will be responsible for Ne munNly billing of the customer. h. Franchuce shall famish the City with an annual audit, due on November 15 of each calendar ywr, for the sereme yea or potiioo dtereof ending Ne previous $Qy{;phq,r 3gyn. Said audit shall be prepared by an independent eenife4 public accountant complete wiN crcvlitor s opinion which opinion shall be subjeu to aecepunee o reJeeuon by Ne Ciry. The audit shall retlea the accuracy and complweneu of Ne information provided Ne City by the Franchisee including detailed deN and compnNtion contenting the fianehlse fee. 30. B~tnlpky I Ivey. If Ne Franchisee bewmes tosolvent and In any event if the Franchisee files a petition of voluntary or lnvolvnury bankruptcy, then Nix tianchin shall terminate iv no even[ Inter Nan the date of filivg of Ne bankrvptcy petioon. 31. »> fapy. a The failure on Ne part of the Franchisee to comply in any sabspntial respect wiN any of Ne pro taiune of Nis ordinance shall be grounds for a forteiture of this franchise, bat no sacM1 forteitnre shall Nke effect until Ne City has served upon tae Franchisee wnnen nonce of default. which notice shall set forty Ne nature and extent Hereof, if a defanh can he corrected, Na Franchiaee shall have thltty (30) days followia6 Ne notice Of default to cortect the saute. IC Ne Ftanchisre protests the reasonableness or propriety of Hie City's Julamhon, said protest shall be serve) upon the Cityin writing within rev (10) days Yellowing rc<eipt br mo r-ranmmee of Ne cat's non<e. b. If Ne Ciry and Ne F'anchisee cunno agree es ro the reesunableness or propriety of the City's declaration of dePanlt, tlien Ne issue shell be promptly submitted to hinding arbivauon. Three yualilie0 arbitrators shall constitute a BourJ of Arbitration, one arbitrvtor to be selected by Nn City, one by Ne Pranclrlsee and eve by Ne arbivetors so selected. The ©oard of Arbitrators shall notify the City anJ the Franchisee of their derertnlnntion of Ne reasonableness and propriety of Ne City's declaration o[ del'euls not later than thirty (30) Days following submission of Ne issue to rite Board. Arbitration shall he pursuant to Ne Florida Arbitration CWe, Chapter 682, Florida Suwtes. c. The purpose of this section is to enable Ne Ciry and Ne Franchisee to resolve by arbitration such diffeienecx vs they may be unable to resolve by mumnl agreement. No[hing a nmmeJ heroin shall be mnsvueJ to limit or restrict the Iegnl righrs nnJ powers of Ne Ciry or the Franchisee. 32. R'p~~ a Perf rm u. The hilure of Ne Ciry at any time to reyvir performance by Ne Franchisee of eny provisions hereof shall in no way affect the right of the Ciry Nercafter m enforce same. Nor s'hal l waiver by Ne City of any breach of any provisions hereof he taken or he1J [o be a waiver of any succeetling breach of such provision or as n waiver of any provision itself. 33. fn~evendent Contra' r. It is hereby understooU anU agreed that Ne Franchis,.e is en independent convector end no[ an agent of the City. 34. M~J'fcat on. This franchise constim[es the entire agreement anJ understanding between the panies Hereto, antl it shall not be considered modified, altereJ, changed or amended in any respect unless in writing and signed by Ne Vantes herew, and adopted as'an amending franchise ordinance. 35. N~><. As reyvired for any purpose in Nis fanchise, notice shall be aJJresseJ and sent by eersihed [)nltetl States mail to Ne City and Na Franchisee az follows: CITY: Geri Zambri, Ciry Clerk 1]5 W. Warren Ave. I,ongwooJ, PI. 32]50 FRANCHISEE: 36. emedle=_ Attnmey'a All remedies provided in Nis franchise shall he deemeJ urmulntive and adtlitionel and not in Ilea of or exclusive of wch oNet or of any oNer remedy available to the Ciry at law or in egairy. In the event Na Ciry shall prevail In any etuon easing hereunder, Franchisee shall pay to the City iL costa, referable thereto, including attorney's fees. 3]. C --@.4s. V ~ This franchise agreeanent stlall be governed by the laws of Ne State of Florida. Any anJ all legal acdon necessary to enforce the Agreement will he held in Seminole Coanry and the Agreemem will be interpremd vemrding to the Taws of Florida. 38. mss. the headings of the sechons of this franchise are for purposes of canvemence only end shall not be deemed to expend or limit the provisions eovtaine4 in such 39. W ."rv fl~ ~ h'- The Franchisee rvpresvnts end warrants unto the City chat no olFcer, employee, or agent of Ne Ciry has any inleres4 eiNer direcdy or indirectly, in Ne business of Franchisee to he conducted hereunder. 40. Amendment. The City reserves Ne right to amentl this ordinance in any manner neicssary for the health, safety or welfare of the public, and the City trsurves Ne tight, in Ne public imeresl fiom time to time, to preacribe rmsonuble rules and regulations governing Franchisee s operations hereunder. 61. Nhlic Enfq~ Ci mes~ No Franchisee or Con[raclor may be a person or affiliate identified on Iha Depanment of General Servmes "convicted vendor' list. This list is defined es ionsi ling of perrons or off liutes who ore disyuali Pied from puhlic contracting and purchasing process berzuse Ney have been Found guilty ofn public entity crime: The Franchisee is require0 to wmply with Florida Statutes Section 28].137, as amended, or its successor. SECTION TWO Separab'I'v: The provisions of this ordinance are declareA m be separable and if any se on, senlertce, clause or phrvse of this ordinance shall ~ r any reason be he(d ro be Inval{~ of unconstltutlonal, such decision shalt not affect tAe validity of the remaining aecuo s, n~en cs, clauses un ti vus of this ordinance but they sltali temnin in eff ct, 'il baing Ne IeQislbtive intent Phnt ~ Banco shall .stxvd nat~vithsl!tntling the invalidity of eay pen. GF('TI _ .s urdinance sltali take effut on Jen an R i99t, and u i by FYanGt PASSED . D ADOPTED irIIS ~~ 6AY OF ~~ ~ , A.D. 1994. PtRST READING : ~- Z~ SfiGYJN7>HEADINO~ ~~ A: ~ rL~ DAY OP ~1Q~.L,_~ 199!x. da f A7 Appro~ regality °- by the ,,. of la. ACCflI"CANC.L BY FRANCI315EE - inch{yE provitleh Pot ~A=~ tl t ' ' and covdiounx _epted!, ti van and agreed ro rr. - eof~s _ I F2YAN( :f By: _