Ordinance 94-1176ORDINANCE N0. 94-1176
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA,
PROVIDING PO~tr THH C~j2AN7'ING OF A NON-EXCLUSIVE
FRANCHISE TO r„A~'.~4a~er.~''Ft rn~ FORTHE COLLECTION
OF COMMERCIAL SOLID WASTE, TO IMPOSE CERTAIN TERMS,
CONDTTiONS AND REQUIREMENTS RELATING TEIERETO;
PROVIDING SEVERABILITY, CONFLICTS AND AN EFFECTIVE
DATE.
BE IT F,NACTED BY THE CITY OP LONGWOOD, FLORIDA AS FOLLOWS:
Browning-Ferris
CFCTION ONN~: There is hereby granted to Industrie of FL Ir{berein called
Ne "Franchisee"), its successors and as igns, non ezelusty right, privilege oc franchise to
w11eG solid waste materials from commercial esublishmenu' within Ne Ciry of Longwood.
Seminole County, Florida, during [he certn and subject to Ne following limitations and conditions
es hereinafter set forth.
I. Ohm.
a. °cmy"satin maantne ary ofLnngwood, Flodda,amnmapal oomoradoe.
b. "Franchisee" shall mean Ne individual, partnership or corporation
wholwhich agrees, as hereinafter provided to perform the work or service, or [o fumisM1 materials
or equipment, or boN as set forth in this franchise.
c. "Recovered materials" means metal,paper, glass, plastic, textile, or rubber
materials Nat have known recycling potential, can be feasibly recycled, end have been tlivened
and swr<e separated or have been removed from Ne solid waste stream Wr sale, ure, or reuse
as raw materials, whether or not the materials require subsequent processing or separation from
each other, but does no[ include materials destined for any use Nat covM1tutes disposal.
Recovered materials as tlescribcd above are not solid waste.
d. "Solid waste management" shall mean the process by which solid waste is
collected, transported, stored, separated, processed, or disposed of in any other way, according
to an orderly, purposeful, and planned progam which includes closure antl long-term
e. "Solid waste management facility" shall mean any solid waste disposal
area. volume redue(ton plan[, tc nsfer stadon, materials recovery facility, or other facility, the
purpose of which is resource recovery or Ne disposal, recycling, processing, or storage of solid
waste. The term does not incude recovered materials proeessivg facilities which meet Ne
requirements of FS s. 403.'1046(4) except the portion of facilities, if any, that is used for the
management of [are managing sic.j solid waste.
f "Solitl waste" shall mean sludge unregulated under the federal clean water
act or clean air act, sludge from a waste treatment works, water supply treatment plan[, or air
pollution control facility, o tnclutles gxrbage, rubbish, refuse, special wa , or oNer discarded
material, including Solitl, liquid, semisolid, of contained gaseous material resulting from
domestlc, industrial, commercial, mining, agricultural, or governmental operations. Recovered
materials as defineA in FS s.403: /03('1) are not Solitl waste.
g. "Commercial establishment"meansaproperty or properties zoned or used
for commercial or industrial uses, o usW by an entity exempt from taxation under s. 501 (c)(3)
of the Internal Revenue Code, antl exclutles property or properties zoned or used for single-
family resitlenual or multifamily residential uses.
h. "Conswction and demolition debris"means materials generally consideretl
to be not water soluble and nonharardous in nature, including, but not limited [o, steel glass,
bock, concrete, asphalt roofng material, pipe, gypsum wallboartl, and lumber, from Ne
conswwon or deswetion of a sweture as part of a construction of demolition project, and
including rocks, soils, o-ee remains, o-ees, and oNer vegetative matter which normally results
from land clearing or land development operations for a conswc[ion project including such
debris Gom conswction of structures at a site remote from [hewnswedon or demolition project
site. Mixing of consruction and demolition debris with other types of solid waste, including
material tram a construction of demolition site which is not from the actual construction or
tlestmcoon of a swcture, will cause it to be elassifed as oNer than conswetion and demolition
debris.
t. "Container"shall mean any portable, nonabsorbent enclosetl conrainer wiN
a close fitting cover, or doors, approved by the Health Depanmen[ antl the City, which is used
[o score large volumes of refuse. It must be capable of being serviced by mechanical equipment.
j. "Special Waste' means solid wastes that can require special hantlling antl
management, including, but no[ limited to, whin goods, waste tiro, used oil, leadacltl batteries,
conswctlon end demolition debris, ash residue, yard trash, end biological wastes.
k. "Biomedical waste' means nny solid waste or liquid waste which may
presem a threat of infection to humans. The term includes, but is nut limited to, onliyuitl
human [issue and body pans; laboratory and veterinary waste which contain human-diseaxe~
causing agenu", tliscardeD Disposable sharps; human blootl, antl human blood products and
body nnitla; ana Omer materials which in the opinion of me department of Health antl
Rehabilitative Services reprecen[a significan[risk of infection to persons outside Ne generating
facility. The term Joes no[ Include human remains that ere disposed of by persons licenred
under chapter 470.
I. "biomedical waste generator" means a facility or person that produces of
generates biomedical waste. The term includes, but is no[limited to, hospials, skilleD nursing
or convalescent hospitals, intermediate care facilities, clinics, dialysis clinics, dental offices,
healm maintenance organizations, surgical clinics, medical builDings, physicians' offtts,
laboratories, veterinary clinics, and funeral homes.
m. "Biological waste" means solid waste that causes or has me capability of
causing disease or infection and includes, but is no[ limited to, biomedical waste, Diseased or
dead animals, and other wastes capable of transmitting pamogens to humans or animalx. The
term does not include human remains that are Disposed of by persons Iicens'ed under chapter 470.
n. "Materials recovery facility"means a solid wa to management facilitythat
provides for Ne extraction from solitl 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 me srorage, pr«essing, resale, o reuse of ruovered materials. Such a facility is no[ s soli)
waste management facility If it meets Ne contliuons of FS s. 403.]045(1)(1).
p. "Ash Residue " has the same meaning as fhe term is DefneJ in me
department rule on solid waste combustors which defines such term.
q. "Pelletized paper waste" means pellets protluceJ exclusively from Jiscardetl
paper which is derived from a solid wane management facility or a recovered memrials
processing facility and which is shreddeJ, extruded, or formulated into compact pellets of various
sizes for the use as a supplemental fuel in permitted boilers other than waste-to-energy facilities.
The use of such pellen as a supplemental fuel in permitteJ boilers other than waste-[o-energy
facilities may be used by local governments az credit toward the goals for reduction of solid
waste pursuant [o FS s. 403.]06(4)(8).
r. "Soure separated" means the recovered materials are separated from solid
wasre where the recovered materials and solid waste ara gwarated. TTe term does not require
Nat various types of recovered materials be separated from each other and recognizes de minimis
solitl waste, in accordance wiN industry standards and practices, may be included in Ina
recovered materials.
s. "City" shall mean Ne City of Longwood, Florida, a municipal corporation.
2. ytv m.
a. The term ofthis franchiseshall terminate on~ot m~b_r?0, 1994 following
Ne eRective date hereof provided, however, Na City reaorvas Ne right to terminate Ne same
prior Hereto if Ne Franchisee defaults in any one of Ne cerms and conditions herein specified.
b. On 4ctnher 1 1994, Nis Franchise shall beautoma[ically extended for an
additional term f nye near expiring Ne following C;o[emher "i0 1995 provided the Franchisee
shall make application for said ezlension at least 30 days prior ro it terminaVOn. No further
extensions shall be granted without City Commission ePDrovel.
3. gar Prnv'led by Franch'~e
a. Francnisee(5) snau Proame commercial smid waste conecomn services
in Ne City of Longwood, which shall be an exGumv right w Ne Franchisee(s). The Contractor
shall be responsible for billing and collection of Commercial Solid W rite Collection services and
disposal costs.
6. llnavUnrized ee
a. No other person or entity except Ne Franchisee(s) may offer or provide
Commercial Solid Waste Collection Service in Ne Ci[y of Iungwood. No commercial
establishment wiNin Ne City shall utilize the services of a collector not holding a franchise from
the City. Violations of Nis section shall be enforced by Ne City by legal action seeking
injunctive relief and damages.
c. Minimum Service: Tne Franchisee shall make a[ least two (2) weekly
collections at all commercial establishments subject to Ne cerms of Chia ordinance and at
sufficient additional intervals necessary to perform adequate services and [o protect Ne
environment, unless otherwise approved in advance by Ne City, provided however, where Ne
refuse is exclusively non-pvtrescible in nature, once weekly collections are permitted.
5. Franch'ce Prnce ne Fee' A fee of fifty dollars ($50.00) shall be charged for
each franchise application to cover associated administrative costs.
b. Hcurs. Collections shall be made between 6:00 e. m. antl 6:00 p. m. uNess
different times are approved by Ne City.
], i,ji vim. The Fanchisee shall not litter premises in Ne process of making
collections and shall prompdy pick up all papers, material or debris Nat may be scattered about
He container. Franchisee shall collect all material Hat has been placed iv or about its containers
unless otherwise direcced by He City.
8. lice aid Lrc n of Anprnven Cnn ~. Containers used for collecdon of solid
waste from commercial establishments shall be standard manufacNrul-type mechanically served
containers, compedble wiN Ne private eommertial collector's servicing equipment. Conminere
shell be PIaeW a[ locations reaUlly eeceesible to fcevchisee's personnel. Containers shall be
located upon private yroperty unless He use of public property Is approve4 by the City.
Vtole[ions of Nis section shall constitute a breaoh and default of Nis agreement. The type of
container used, or He location Hereof, may vary from the provisions of Nis section if aVProvetl
to writing by the City of Longwood, Florida.
9. Recovered Material<
a. Recovered materials generated at commercial esrablishmentr mus[be source
separated at Ne premises of He commercial establishment prior to collection by a properly
certfied recovered materials dealer.
I0. za•does Materials. Collection of special and hazardous materials shall be in
strtet compliance with all federal, since, and local laws end regulatlons. Said materials shall be
rtored and placed in a manner approved by Ne appropriate regulatory agency,i.e. FDER, U.S.
EPA, etc., and He City of Longwood.
I I. C Ileci on Fug m nt.
a. The Franchisee shall provide an adequate number of vehicles for regular
collection services. They shall be kept iv good repair, appearance, end in a sanitary wnditiov
a[ all times. Fach vehicle shall have clearly visible Ne name and phone number of [he
Franchisee and vehicle number not less Hev twelve inches (12") iv height ov the rear and each
side. b. Franchisee shall certify tp Ne City upon Ne commencement of each
franchise year die description and quantity of vehicles and equipment on hand and available for
regular collection services and backup in the event of any breaktlowns.
c. Each dumpster shall be systematically marked, in a manner approvetl by
the City to identify its capaciry in yardage, scheduled dale of pickup and its "dumpster number'
i e., b, MW F, 452 would he a six (b) yartl dumpster, to be picked up Monday, Wednestlay an0
Friday and it would be dumpster number 452. Snch markings shall be amentled to provide such
oNer information az the Ciry may require promptly upon receipt of a notice from the City
requiring a change ofcontainer markings.
I2. Qjf P. The Franchisee shall establish and maintain a local office or such oNer
facilities though which it can be contacted, where service may be applied for, and complain6
can he made. It shall be equipped with sufficient telephones, shall have one (IJ
responsible person in charge during collection hours and shall be open during collection
hours.
13. Haul'ne. All solitl waste hauletl by Ne Franchisee shall be so conUinetl, or
enclosed that leaking, spilling or blowing are prevented. In Ne event of any spillage, leaking,
or blowing of materials from truck, the Franchisee shall immedia[ely clean uP Ne waste.
14. D moral. All solid waste for disposal shall be hauled to FDER approved si[es or
facilides legally approved to accept it for Vestment or disposal. All recovered materials must
be processed al a certifed recoveretl materials processing facility,
I5. Charges and Rates. All charges and rates for the commercial collection of garbage
shall be set by Ne Franchisee in negoua[ion with the commercial establishment requiring the
service. Rates and charges shall not be set by Ne City.
16. fnm ann Pavm
a. For the privilege of collecting solid waste from commercial esublishments
within Ne City, securing a franchise from Ne Ciry and for Ne use of the Ciry sveeu', the
franchised wllemor shxll pvy to the City, a sum equal to ten percent (109) of tha gross revenue
from all sources rela[ed [o Ure franchisee's operations in the City, including fees, charges, oral
of equipment, and funds Flaid outside the City (or hauling materials from the Ciry. Paymem to
Ne City shall be made four (4) times per year, on March !5, June IS, September I5, and
Decemher 15, for three (3) foil months immediately preceding payment, except Ne Hrst payment
if the firs[ period is less Nan three months, in which case payment shall ba prorated. Such fees
shall nut include fees generated from the collection of recovered materials.
b. Fanehisee, in fuller wnsideratlon of the franchise, shall make its financial
records available to the City in accordance with procedures established from time to time by Ne
Ciry. The fees paid pursuant to this Section shall not be addetl as a separate item on Ne
customer s collection bills, but raNer shall be considered as an operational ezperue.
c. All payments shall be due on NeffteenN (15N)of the monN following the month
of service. Any and all payments not paid by Ne ISN of Ne monN following Ne monN of
service shall bear interest at Na ate of 189 per annum from the first (1st) of Ne month
following Ne monN of service.
I7. D'cron n+ed c rvtce or D 1'na m A ca
e. The Franchisee may dlseontlnue service to a commercial establishment as
set foM in Nis section. Commercial esublishmenu which have not remitted reyuired paymentr
wihin fifteen (15) days after Ne date of billing shell be notified. Said no[ilication shell eonuin
a mtement Net service may be discontinueU fiHeen (IS) days from Nedale of notice if payment
is not made before that time. G Ne event the Franchisee intrnds to discontinue x delinyuen[
account, it shall so notify Ne City at least fiHeen (IS) days prior to Ne lazt day of collation.
Upon payment of Ne delinquent fees, Ne Franchisee shall resume collection on Ne next regularly
scheduled wllecaon day-
I8. B€RlZtIS. On Ne twenty-flesh (25N) day of the monN following the month of
servme hereunder Ne Franchisee shall provide the City with a repott. Said report shall be in a
form. eiNer hard copy, computer disk (<ompadhle wiN Ne City's computers) or oNerwise
sadsfactory to Ne City. The repott shall include such information as Ne Ciry may reasonably
require so as m ensure proper refuse service by all commercial establishmentr within the Ciry
and so es to ensure Franchisee's compliance wltL Naterms and contlltlons of this report Unless
otherwise directed by the City's Director of Public Works, each report shall contain as a
(I) Customer's Utility Number (ASSlgned by the Clry)
(2) Customer's Business Name
(3) Customei s Ousiness Address
(4) Customei s Telephone Number
(.~ Container(s) Number (s)
(6) Container(s) Capacity
(~) Compactor(s)
(8) Pick-up Schetlule for Containers and Compactors
(9) Number of Pick-ups for all Containers and Compactors
(t0) Franchisee Fee
This report shall be submi«ed no later than the twenty-f fth (25th) of Ne monN following Ne
monN of service, covering all acavi[ies during Ne month of service, to the DirecWr of Public
Works.
19. fmm~la'nr.. All complaints shall be resolved by franchisee wiUin twenty four
(24) hours. The Franchisee shall supply Ne City with copies of all com-Iaines on a form
approved by Ne Ciry and indicate the disposition of each complaint. Such records shall be
available for City inspection at all times during business hours. The form shall indicate Ne tlay
and hour tin which Ne complaint was received and the day and hour on which i[ was resolved,
Ne name of the complainant, Ne nature of Ne complaint and the manner of resolution. When
a complaim is received on Ne tlay preceding a holiday or on a Saturday, it shall be serviced on
the next working day.
20. No'fcat on. The Franchisee shall notify all customers about complaint
procedures, regulations, and days of collection.
a. The Franchisee shall assign a qualifed 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 furnished.
b. Franchisee's collection employees shall wear a clean uniform bearing Ne
eompany5 name.
c. Each employee shall, at all times, carry a valid opeator's license for the
type of vehicle he is driving.
d. The City may reyues[ the dismissal or appropriate discipline of any
employee of Ne Franchisee who violates any provision hereof or who is wanton, vegllgent, or
discourteous in Ne performance of his duties.
e. The Franchisee shall provitle operating and safety training for all personnel
and shall certify same to Ne City annually upon renewal of this Franchise. Such certification
shall itlentify all employees employed in Igngwood, Neirjob description and Ne naNre and type
of o-aining given said employees.
f. The Franchisee shall comply wiN Ne Eyval Employment Opportunity
Program, the Fair tabor Standards Act and all other applicable FeAeral and bate StaNtes
perraining to Fair Employment practices.
22. Franchisee Eus~ nm n .
a. All wcks or oNer vehicles operated by Ne Franchisee in Ne City shall be
subject to, antl shall immediately submit to spot, on the road inspections by Ne Ciry or its agent
and if found to be unsafe, said vehicle shall be immediately removed from service until it can
be repaired and is successfully reinspected.
b. The use of vehicles falling to meet smndards aker inspections may be
grounds far cancellation of the franchise by the City Commission, if fountl after notice to Ne
Franchisee and an opportunity to he heaN, to be flagrant or repeated in nature.
23. Compl'an in Law.. The right is hereby reserved for Ne City to adopt, in
additlon to Ne provisions herein wnrained and existing applicable ordinances, such additional
regulations as it shall tintl necessary in the exercise of Ne police power, provideA that such
regulations by ordinance or otherwise shall be reasonable and no[ in conFlict with the intended
purpose of Nis ordinance. The Franchisee shall conduct operations under Nis ordinance in
compliance with all applicable Taws and its failure to comply shell constitute a default hereuntler.
This franchise shall no[ he conswed to repeal or revise any existing ordinance and to Ne extent
Nat any provision of this franchise is inconsistent wiN any existing ordinance, Nen such existing
ordinance shall prevail and conNOl.
2d. Payment Bnnd. The Franchisee shall furnishm[he CityaPayment HOnd execuad
by a surety licensed and auNOrized to do business in the Stale of Florida in Ne amount of
b100,000.00 insuring Ne faithful payment and pertormance of Ne terms of Nis ordinance and
executed by a surety company. Said Payment Bond is in an amount deemed by Ne City and Ne
Franchisee to be reasonable and necessaryto enable Ne Cityto ensure all franchise fees due and
payable hereunder and paid as end when due.
25. L;ah.I.ty. The privileges herein granted are upon Ne express condifions That the
Franchisee shall be liable for all damages or injury to persons or propetty caused by its neglect
or mtsmanaRement, or by the actions of any of itr employees while engaged in Ne operations
herein authorized, or for any actions or proceedings brought as a result of Ne awazd of this
fi'anchise to Franchisee, to speciHCally InGUde but not be limltetl to Antl-trust actions or
proceedings. Should Ne City of Longwood be suetl Nerefor, the Franchisee shall be notitietl
of such suit, and Nereupon it Shall be its duty to defend the suitor at Ne City's option to pay
Ne legal fees of Ne City's attorney to tlefend the suit and should jutlgment go against Ne Ciry
in any such case, Franchisee shall foMwiN pay the same. The Franchisee shall indemnify and
save harmles's the City, its agents, officers and employees from any judgments recovered by
anyone for personal injury, death or'property damage sustained by reason of any of Ne
Franchisee's activities permitted by Nis franchise or for any actions or proceedings brough[as
a result of the award of Nis franchise to Franchisee, to specifcally include but no[ limited W
Anti-test actions or proceedings, and shall pay all expenses, including costs antl attorney's fees,
in defentling against any such claim made against Ne City or any of Ne City's agents, officers
or employees. Franchisee further agree to purchase comprehensive public liability and property
damage inmrance in Ne amount of 55,000,000 per accident, event or occurrence, naming Ne
City as an additional insured to Ne extent of its rights against Franchisee arising by virtue of (his
section. The insurance policy will provide Na[Ne City shall he given thirty (30) tlays written
notice prior to cancellation or modifcation. A copy of said policy of insurance shall be filed
wiN Ne City Clerk on or before Ne effective date of Nis franchise.
26. j,isypses. The Franchisee shall, at its sole expense, procure from all governmental
authorities having jurisdiction over the opertions of Ne Franchisee, including Ne City, all
licenes, certificates, permits or other authorizstlon which may be necessary for Ne conduct of
its operations. The Franchisee shall pay all taxes, licenses, certification, permit and examination
fees and exmses which may he assessed, levied, e acted or imposed on tr property, o its
operations, on itr Rross receipts, and upon Nis Franchise and Ne rights and privileges granted
herein, and shall make till applications, reports and reNrns required in connection NerewiN.
2]. Worker's Com sat nn. The Franchise shall carry, wiN an msumnce company
authorized to vansact hvsiness in Ne State of Florida, a policy Nat fulfills all Ne requirements
of Ne Worker's Compensation Act of said Stare, including all legal requirements for occupational
diseases.
28. Ate[. No assignment of franchise or any right occurring under Nis
ordinance shall be made in whole or in part by Ne Franchis'ee without the express written consent
of Ne Ci[y and Ne customer; in Ne even[ of any assignment, Ne assignee and Ne assignor shall
boN be liable under Ne Franchise.
29. Bnnk= Record= and Aud't.
a. The Franchisee shell keep records of wastes collectetl and charges Nerefor,
and Ne Ciry shalt have Ne right m review Nose records which in any way pertain to Ne
paymenrs due it as well as Ne billing of aII customers by the Franchisee. 1f disposal facilities
are operateA by Ne Ciry, records of incoming wastes shall be maintained by the City. The
Franchisee will be responsible for Ne monNly billing of Ne customer.
b. Franchisee shall furnish Ne Ciry with an annual audit, due on November
IS of each exlendar year, for We service year or portion Nareof ending Ne previous S tgmM1E
3Qt¢. Said audit shall be prepared by an independent certified public accountant complete wiN
creditors opinion which opinion shall be subject to acceprance or rejecdon by Ne City. The
audit shall ranee[ Ne accuracy and completeness of Ne informadon providetl Ne City by Ne
Franchisee including derailed data end computation concerning Ne franchise fee.
30. Banimlyfcynr lnvolv~iE.. Ti Ne Franchisee becomes insolvent and in any event
if Ne Franchisee fles a petition of voluntary or involuntary bankruptcy, Nen Nis franchise shall
termrnare m no event later Nan Ne date of fling of Ne bankruptcy petition.
31. R€fault~
e. The failure on Ne part of Ne Franchisee to comply in any substantial
respect wiN any of Ne provisions of this ordinance shall be grounds fora forfeiture of Nis
franchise, but no such forfeiure shall take effect until the City has served upon Ne Franchisee
wn[[en nonce of default, which notice shall set forth Ne nature and extent Nereof. Ifs default
can be correv[eA, Ne Francldsee shall have Nirry (3tl) days following Ne nonce of default to
correct Ne same. If the Franchisee protests Ne reasonableness or propriety of Ne City's
declaration, said protest shall be served upon Ne City in writing wiNin ten (I O) days following
receipt by Ne Franchisee of the City's nonce.
h. If Ne City and Ne Franchisee cannot agree as to Ne reasonableness or
propriety of the City's declaration of default, Hen the issue shall be promptly submittetl to
ninding arbivaoon. Three qualified arbitrators shall constitute a HoaN of Arbitration, tine
arbitraror to be selec[etl by Ne City, one by Ne Franchisee anU one ny Ne arbivators so selected.
The Hoard of Arbitrators shall notify Ne City and the Franchisee of Neir derermination of Ne
reasonableness and propriety of Ne City's declaration of default not later Nan Nirty (30) days
following submission of Ne issue to Ne Board. Arbitration shall be pursuant to Ne Floritla
Arbiration Cotle, Chapter G82, Florida Statutes.
c. The puryose of Nis section is to enable Ne City and the Franchisee to
resolve by arbitration such differences as Ney may be unable to resolve by mutual agreement.
Nothing contained herein shall be conswed to limit or resvict the legal rights end powers of Ne
City or the Franchisee.
32. It emu e Pertormance. The failure of Ne City at any time to requir
pertormance by the Franchisee of any provisions hereof shall in no way affect the right of the
City Hereafter to enforce same. Nor shall waiver by the Ciry of any breach of any provisions
hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver
of any provision itself.
33. tndaoendent Cnno- r. R is hereby unUerstood and agreed Nat the Franchisee
is an independent cono-actor and not an agent of Ne City.
34. Mtul'fcat nn. This franchise conStiN[es Ne enure agreement and understanding
between die parties hereto, and it shall not be considered modified, aI[ereU, changed or amended
in any rea'pect unless in wr ring anU signed by Ne parties hereto, entl aUOpted as an ementling
fanchise ordinance.
35. 1'1411£C. As requhzd for any propose In Nis fivnchise, noHCe e'hall be addressed
and sent by certified United States mail to Ne City and Ne Franchisee as follows:
CITY: Oui Zambri, City Clerk
1]5 W. Warren Ave.
Lgngwood, FI. 32]50
FRANCHISEE:
36. $emedie< Attornev'c Fee and Cns 5~ All remedies providetl in this franchise
shall be Ueemed cumulative and zdditiunal and not in lieu of or exclusive of each oNer or of any
other remetly available to the City at law or inequity. In the event the City shall prevail in any
action ansing hereunder, Franchisee shall pay to the City its costs, referable thereto, inelutling
aaorney°5 fees.
3]. Govem'np Law and Venue~This Franchiseagreement shall be governed by the
laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will
be held in Seminole County and the Agreement will be interpreted according to the laws of
Florida.
38. yeadj><es, The headings of Ne sections of this franchise are for purposes of
convenience only and shall not he deemed to expand or limit the provisions contained in such
sections.
39. Warrant. of F'ranch'see. The Franchisee represen6 and warrants unto the City
that no officer, employee, or agent of the City has any interest, eiNer directly or indirectly, in
the business of Frnchisee to be conducted hereunder,
40. Amendment. The City reserves the right to amend this ordinance in any manner
necessary for Ne health, safety or welfara of Ne Dublic, xnd the Clty reserves the right, in the
public interest from time to ti e, to presuibe reasomble rules and regulations governing
Franchisee's operations hereunder.
41. vi bl, ' 'r Fmily ~rim~.,, No Franchisee or Cono-actor may be a person or affliate
identified on the Department of t3eneral Services "wnvicted vendor' list. Thls list I5 defineU
es eonsisting of parsoru or affllntes who are disqualified from public eontraetlng and purehnsing
process because they have been found guilty ofapublic entity crime: The Franchisee is'required
to comply wiN Florida SfaNtes Section 28].133, as amended, or its successor.
SECTION TWO Se"aran l.tv_: The provisions of this ordinance are declared to be
separable and if any section, sentence, clause or phrase of (Iris ordinance shall for any reason be
halU to be inwlid or uncons'titutiont. deeislon shalt not affect the vvlidiry of Netemaining
su.ao s, s ntcn ~, clviue ~~ hr nonce but they yiull remain in effect, it bevtu
the legislntivc intent tltet Nir c.__ _ _~and natwilhsfandirto, the invalidity oP eoY Pan.
,S'jON TRREE' PSfe~ e Dxt . s ordinance shall take effuc un lanu• rv '994- antl
upon acceptance by the P;xnchitee.
PASSED AND ADOPTED TftIS ~ DAY OF Q.11 . , A. D. 1994.
F'IIiST R2APl]NG:~/ C~ O ~~3
StCOND READIN/G~: ~`~~
nP: 6Y"\' ~ Y~ DAY OF 41W1,_, 1993.
o it .,.
C
ACCEPTANCE I3Y AAANCIii3&B
' and fhe {ranchisc Provided far the-°'^ ^^^ aP ~*a terms ani d tnr
a d, eppeovetl and agreed to this _ ; of
1994.
FRANCH. ~
B', :,.