Ordinance 94-1181ORDINANCE 99-1181
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA,
PROVIDING FOR THE GRANTING OF A NON-EXCLUSIVE
FRANCNISETO osPll xn FORTHECOLLECTION
OF COMMERCIAL SOLID WASTE, TO IMPOSE CERTAIN TERMS,
CONDITIONS AND REQUIREMENTS RELATING THERETO;
PROVIDING SEVERABILITY, CONPLICTS AND AN EFFECTIVE
DATE.
BE IT ENACTED HY THE CITY OP LONGWOOD, FLORIDA AS FOIAAWS:
SECTION ONE: There is hereby granted to - sAil, inc. (herein calletl
Ne 'Franchisee'), itt successors and assigns, a non exclusive right, privilege or franchise to
collect solid Ovate materials from commercial esublishmentt within the City of WngwooJ,
Seminole County, Floritla, during Ne term and subject to Ne following limitations and conditions
as hereinafter set foM.
1. D~ini ~2n1.
a. "City"shall mean Ne City of Longwood, Floritla,amunicipal coryoration.
b. "Franchisee' shall mean the individual, pattnership or corporation
who/which agrees, as hereinafter provided to perform the work or service, or ro furnish materials
or equipment, or both as set forth in Nis franchise.
c. "Recovered materiels" meavs m¢tal, paper, glass, plastic, lexdiq orrvbber
materials Na[have known recycling potevtinl, cau be feasibly recycled, antl have been diverted
and source separated or have been removed from Ne solid waste stream fur sale, use, or reuse
as raw materials, whehter or no[Ne materials require subsequent processing or separation from
each oNer, but does not Include mv[ulals destlnetl Por any use Nat covsotures disposal.
Recovered materials as described above are not solid waste.
d. "Solid waste management" shall mean Ne process by which solid waste is
collected, transportM, s[oretl, separated, processetl, or disposed of in any oNer way, according
to an orderly, purposeful, and planned program which includes closure and long-term
e. "SOIitl waste management facility" shall mean any solid waste disposal
area, volume teductron plant, transfer sta[~on, materials recovery fvellity, or oNer facility, Ne
purpore of whicM1 is resource recovery or Ne disposal, recycling, processing, or srorage of solid
waste. The term does no[ include recovered materials processing faellities whict~ meet the
requirements o£ AS s. 403.'/04fi(4) except the porton of facilipes, if any, that Is used for the
management of (are managing sic.] solid waste.
f. "Solid waste" shall mean sludge umegulatetl under the federal cfeen water
ac[ or clean air act, slutlge from a waste veatmen[ works, water supply treatment plant, or air
pollution convol facility, or includes garbage, rubbish, refuse, special waste, or oNer discarded
material, including solid, liquid, semisolid, of contained gaseous material resulting from
domestic, industrial, commercial, mining, agricultural, or govarnmeutel operations. Recovered
maerials as defined in FS s.403.y03(~ a¢ not solltl waste.
g. "Commercialestablishment"meansaproperty or properties zoned or used
for commercial or industrial uses, or used by an entity exempt from taxation under s. 501(c)(3)
of Ne Internal Revenue Code, and excludes property or properties zoned or used for single-
family residential or multifamily residential uses.
h. "COnswction and demolition debris"means materials generally considered
to be not water soluble end nonha~artlous In nature, including, bo[ not limited to, steel glass,
brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the
conswcvon or tleswction of a swcture as part of a conswcvon of demolition project, antl
including rocks, soils, tree remains, trees, and oNer vegetl[ive maaer which normally results
@om land clearing or land tlevelopment operations for a conswcvon project including such
debris from construction of structures at a site remote from Ne construction or demolition project
stte. Mixing of conswction and demolitov debris with oNer types of solid waste, including
material from a conswcvon of demolition site which is tint from Ne actual eonswetlon or
deswcvon of a swcture, will cause i[ to be classified as other than construction and demolition
debris.
i. "Container"shall mean any portable, nonabsorbentenclosed container with
a close fi[vng cover, or doors, approvetl by the health Department and the City, which is used
[o store large volumes of refuse. 1t must be capable of being serviced by mechanical equipment.
j. "Special Waste" means solid wastes that can require special handling and
m nagement, mctuding, but not limited to, white goods, waste tires, used oil, lead acid batteries,
conswcvon and demolition debris, ash residue, yard trash, and biological wastes.
k. "Biomedical waste" means any solid waste or liquid waste which may
present a threat of infection to humans. The term includes, but is not limited to, nonllquid
human [issue and body parts; laboratory and veterinary waste which contain human-disease-
causing agents; discarded disposable sharps; human blood, and human blood products and
hotly Fluids; and other materials which in Ne opinion of the department of Health antl
Rehabilitative Services represent a signifcent risk of ivfec[io.^.ro persons outsitle Ne generating
facility. 1Te term does not include human remains the[ ere disposed of by patrons licensed
under chapter 4'10.
I. "Biomedical waste generator" means a facility or person that produces of
generates biomedical waste. The term includes, but is not limited to, hospitals, skilled nursing
or convalescent hospitals, intumetliate cace facilities, clinics, dialysis cliNcs, dental offices,
health maintenance orgenla[fons, surgical clinles, medical boildivga, physicians' offices,
laboratories, veterinary clinics, and funeral homes.
m. "Biological waste' means solid waste that causes or has Ne capability of
causing diseare or infection and includes, but is not limited to, biomedical waste, diseased or
dead animals, and other wastes capable of transmitting pathogens to humans or animals. The
term does vat include human remains Nat are d'¢posed of by persons licensed under chapter 4'70.
n. "Materials recovery facility" means u solid waste management facility Nat
provides for Ne exvac[ion from solid waste of recyclable materials, materials suiuble for use
as a fuel of soil amendment, or any combination oP audr materials.
o. "Recovered materials proces'sivg facility" means a facility engaged solely
in Ne storage, processing, resale, or reuse of recovered materials. Such a facility is nut a solid
waste management facility if it meeru Ne eondiaovs of PS a. 403.']045(p(f).
p. "Ash Residue " has Ne same meaning as the term ¢ defined in Ne
deparunent rule on solid waste combustors which defines such 4rm.
q. "PelletizeA paper waste"means pelle6 produced exclusively fromdiscarded
paper which is derived from a solid waste management facility or a recovered materials
processing facility and which is shredtleQ extruded, or formulated into compact pellets of various
sees [or tk~e use u n supplementll fuel iv pumlaed boilers other than wasvo-to-energy fecihties.
'Che use of such pellets as a suppl¢mevtl fuel in permlaed boilers other Nan waste-[oenergy
facilities may be used by local governments as credies inward Ne goals for retlucdon of solid
waste Pursuant to PS s. 403.'10G(4)(B).
r. "Source separa[etl"means the recovere4 materiels areaeparated from solitl
waste whoa the recovered materials and solid waste are genuated. The term does not require
that various types of recovered materials be separacetl from each oNer antl recognizes de minimis
solid w s ecwrdavice with industry standards and pracfioes, may be inclvUed In the
recovered materials.
s. "City"shall mean the City ofLOngwood, Florida,amunicipal corporation.
2 Tcrm.
e_ The term of this fmnchisa shall tacmivate onSm[ember 30, 1994 following
the effective date hereof prov{dad, however, the Ciry reserves Ne right ro terminate the same
Prior thereto it the Franchisee defaults in any one of the terms and conditions herein specified.
b. Ov QC(ahel 1. 1994, Nls Pravchise shall beautomatically extended for en
additional term nC41IGyCaz expiring the following Cmtember 30. 1995 provided Ne Franchisee
shall make application for saitl extension a[ least 30 days prior to its termination. No fuNrer
extensions shall be granted without City Commission approval.
3. Sm es Prov dad by Pranch'sa
a. Pranchisee(s) shall provide Commercial Solid Waste Collection Services
in Ne Ciry o(LOngwootl, which shall be an exclusive right to [he Franchisee(s). TheConvacwr
shall be responsible for billing and collection of Commercial Solid Wes[e Collecten services avtl
tlisposal costs.
4. SItIAYthoiized Servi
a. No other person or entity except the Franchisee(s) may offer or provide
Commercial Solid Waste Collection Service in the City of Longwood. No cmmercial
esublisbment wiNin Ne City shall utilize Ne services of a collector not holding a franchise from
the City. Violations of this section shall be enforced by the City by legal action seeking
injunctive relief and tlamages.
c. Minimum Service: The Franchisee shall make at least two (2) weekly
collections at all commercial eatablishmenu subject to Ne terms of this ordinance and at
mfficien[ additional Intervals necessary [9 perform adeyuate services avU to protect Ne
environm ,unless gNerwise approved in advance by the City, provided however, where the
refuse is exclusively non~puVescible in naNre, once weekly collections are permined.
5. Franch'<e Proce«'nq Fee A fee of fifty dollars ($50.00) shall be chargetl for
each franchise application to cover associated administrative toss.
b. Hours, Collections shall be made between G:00 a.m, and 6:00 p. m. unless
difkrent times ere epDroveU by Ne Ciry.
], Liter. The Franchisee shall not litter premises in Ne process of making
collections and shall promptly pick up all papers, material or debris Nat may be scattered about
Ne conminer. Franchisee shall collect all material Nat has been placed in or about is containers
unless otherwise direcceU by He Ciry.
8. ?lseand L!~ation of Aonroved Conte'ne<, Containers used forcollection of solid
waste from commercial esrablishmens shall be standard manufactured-type mechanically served
contamers. compatible wiN Ne private commercial collector's servicing equipment Conminers
shall be placed at locations readily accessible to franchisee's personnel. Containers shall be
located upon private property unless Ne use of public property is approved by He City.
V ioladons of Nis section shall constitute a breach and default of Nis agreement. The type of
wntainer used, or Ne location Hereof, may vary from Ne provisions of Nis section if approved
in writing by Ne Ciry of Longwood, Florida.
9, erect Materials.
a. Recovered materinls generated at commercial establishmens must be source
separatetl at He premises of the commercial essblishment prior to collection by a properly
certified recovered materials dealer.
I0. Hazardous Maerials. Collection of special and hazardous materials shall be in
strict compliance wiN all federal, state, and local laws and reguladons. Said materials shall be
stored and placW in a manner approved by Ne appropriate regulaNry agency,i.e. FDER, U.S.
EPA, etc., and Ne Ciry of Longwood.
I I. Cnllec'nn Earn nt.
a. The Franchisee shall provide an adequate number of vehicles for regular
collection sernces. They shall be kept in good repair, appearance, anJ in a senitary condition
at all times. Each vehicle shall have clearly visible Ne name and phone number of Ne
Franchisee and vehicle number not less Nan twelve inches (12") in height on Ne rear and each
side. b. Franchisee shall certify [o Ne City upon the commencement of each
franchise year We description and quantity of vehicles and equipment on hand and available for
regular colludon services and backup in the event of any breakdowns.
c. Each dumpster shall be systematically marked, in a manner approved by
the City to identify its capacity in yerdnge, scheduled date of pickup and its "dumpster number'
.e., 6, MW F, 452 would be a six (67 yard dumpster, to be picked up Monday, Wednesday and
Friday and it would be dumpster number 452. Such markings shall be amended to provide such
other information as the Gty may require Promptly upon receipt of e notice from the Ciry
requiring a change of container markings.
12. ()ffce. The Franchisee shall establish antl mainuin a local offce or such oUer
facilities through which it can be contacted, where service may be applied for, and complaints
can be made. It shall be equipped with sufficient telephones, shall have one (I)
responsible person in charge tluring collection hours and shall be open during collection
hours.
I3. H~Oi ng. All solid waste hauled by Ne Franchisee shall be so <onwined, or
enclosed Iha[ leaking, spilling or blowing are prevented. In the event of any spillage, leaking,
or blowing of materials from truck, the franchisee shall immediately clean up the waste.
14. D~~nn~al. All solid waste for disposal shall be hauled to FDER nPProved sites or
facilities legally approved to accept it for treatment or disposal. All recovered materials must
be processed at a certified recovered materials -rocessing facility.
I5. ('hxrees and Rates. All charges and rates for the commercial collection ufgarbage
shall be set by the Franchisee in negotiation wiN the commercial establishment requiring the
service. Rates and charges shall no[ be set by the City.
tG. ('omo at on ~nA Pavm
a. For Ne privilege of collecting solid waste from commercial esmblishments
wi[hln Ne City, securing a franchise from Ne Clty end for Ne use of the City sueets, tha
franchised col lector shall pay to the City, a sum equal to ten percent (1090) of the gross revenue
from all sources related to the franchisee's operations in die Ciry, including fees, charges, renml
of equipment, and funds paid outside dIe City for hauling materials from the Ciry. Payment m
the City shall be metle four (4) times per year, on March 15, lone I5, September 15, end
December I5, for Nree (3) full months Immediately preceding payment, except Ne frst payment
if the frst period is less Than three months, in wM1ieh case payment shall be prorated. Such fees
shall not include fees generated from Ne collection of recoveretl materials.
b. Franeltlsee, in fvMer wnsideration of [he frmchise, shall make its fuenciel
records available to Ne Ciry in accordance wiN procetlures establishetl hum time to time by Ne
City. The fees paid pursuant to Nis Section shall not be added as a separate item on Ne
customer s collection bills, but raNer shall be eon~itleretl as an operational expense.
c. All payments Shall be due on Nefifteen[h (ISN)of the month following Ne monN
of service. Any and all payments not paid by Ne ISN of Ne monN following Ne monN of
service shall bear interest at the rate of l89 per annum from Ne first (1st) of Ne month
following Ne monN of service.
17. Di~conti erv or Del'no nt Accn ant ,
a. The Franchisee may discontinue service to a commercial establishment as
set forth in this section. Commercial esublishments which have no[ remitted reyuirW payments
wiNin fifteen (IS) days afrer Ne date of billing shall be notified. Said notification shall contain
a statement Nat service may he discontinued fifteen (IS) days from Ne date of notice if payment
is not made before Nat pme. In Ne event Ne Franchisee intends to discontinue a delinyue t
acco , it shell so notify Ne Clry at least fifteen (IS) days Prior to Ne last Clay of collection.
Upon payment of Ne delinyuent fees, Ne Franchisee shall resume collection on Ne next regularly
scheduled collection day.
18. $;pgy5. On Ne twenty-f fN (2SN) day of Ne monN following Ne monN of
service hereunder Ne Franchisee shall provide Ne Ciry wiN e report. Said report shall be in a
form, eiNer hard copy, computer disk (compatible wiN Ne City's computers) or otherwise
satisfactory to the City. The report shall include such information as Ne City may reasonably
require so as to ensure proper refuse service by all commercial esublixhmenrs within Ne Ciry
and so as to ensureFranchisee's compliance wiN[he terms and conditions of this report Unless
otherwise directetl by Ne Ciry's Director of Public Works, each report shall contain as a
(1) Customer's Utility Number (A55igneJ by Ne City)
(2) Customer's Business Name
~) easterner 5 avslness Aaaress
(4) Customer's Telephone Number
(5) Conminer(s)NUmber (s)
(h) Container(s) Capacity
('/) Coinpactor(e)
(S) Pick-up Schedule for Containers and Compactors
(9) Number of Pick-ups for all Conrainers antl Compactors
(10) Fanchisea Fee
This report shall be submitted no later than the twenty-fifth (25th) of the monN following the
month of serv~ee, covering all activities dining Ne monU of service, to Ne Director of Public
Works.
19. ~p19pJajp~. All complainer shell be resolved by franchisee within twenty-four
(24) hours. The Franchisee shall supply the CIry with copies of all complaints on a form
approved by the Ciry and indicate Ne disposition of each complaint. Such records shall be
available for City inspection at nll times during business hours. The form shall indicate the day
and hour on which the complaint was received antl Ne day and hour on which it was resolved,
Ne name of Ne complainant, Ne naNre of the complaint and Ne manner of resolution. When
a complaint is received on Ne day preceding a holiday or on a Saturday, it shall be serviced on
the next working day.
20. Nntifcar The Franchisee shall notify all customers about complain[
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 dte City and shall give Ne name or names to Ne City; in(ormauon regarding
experience shall also be furnished.
h. Franchisee's collection employees shall wear a clean uniform bearing the
company's name.
c. Each employee shall, at all ti es, carry a valid operator's license far Ne
type ofvehicle he is driving.
d. The City may reyuest the dismissal or appropriate discipline of any
employee of Ne Franchisee who violates any provision hereof or who is wanton, negligent, or
discourteous in the performance of his duties.
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 description and Ne nature and type
of Vaining given ,said employees.
f. The Franchisee shall comply wiN Ne Equal Employment Opportunity
Rogram, Ne Fair Labor Standards Act and all other applicable Federal and State Solutes
pertaining to Fair Employment practices.
22. Franchisee Eou'nm nt.
a. All wcks or other vehicles operareA by the Franchisee in the City shall be
subject to, and shall immetlia[ely submit [o spot, on Ne road inspections by Ne Ciry or its agent
and if found [o be unsafe, said vehicle shall be immetliately removed from service until i[can
be repaired and is successfully reinspected.
b. The use of vehicles faihag to meet standards aher inspecliovs mey ba
grountls for cancellation of the franchise by Ne City Commission, if found aher notice to the
Franchisee and an opportunity to be heard, to be Flagrant or repeated in nature.
23. Comnl'sn w th'n taws. The right is hereby reserved for the City to adopt, in
addition to the proviswns herein contained and existng applicable ordinances, such additional
regulations as it shall fnd necessary in the ezereLse of the pollee Dower, Drovided that such
reguladons by ordinance or otherwise shall be reasonable and not to conFlict with Ne intended
purpose of Nis ordinance. The Franchisee shall conduct operations under Nis ordinance iv
compliance with all applicable laws and its failure to comply shall constitute a default hereunder.
This franchise shall not be conswed to repeal or revise any existing ordinance and to Ne extent
Net any provision of (his franchise is inconsistent wiN any exiativg ordinevice, Nen such existing
ordinance shall prevail and conVOl.
24. P~ment Bond. The Franchlseesball Pomish w Ne City nPaymevt 6ontl executed
by a surety licensed and auUOrized to do business iv the State of Florida in the amount of
SI W,000.00 insuring the faithful payment and performance of Ne terms of this ordinance and
execued by a surety company. Saitl Payment Bond is in nn amount deemed by the Ciry and the
Franchisee to be reasonable and necessaryto enable Ne City W ensure all franchise fees due and
payable hereunder and paid as and when due.
25. I: aM1 l~tv. The privileges herein grnted are upon the express conditions (hat Ne
Franchisee shall be liable for all damnges or injnryto persons or property caused by its neglect
or mismanagement, or by He actions of any of its employees while engaged in the operations
herein authorized, or for any actions or proceedings brought as a result of the award of (his
franchise to Fraachisee, to specifically Inclntle but not be limited to Anti-wn actions or
proceedings. Should Ne City of Igngwood be sued Herefor, Ne Franchisee shall be notified
of such .suit, end Hereupon if shell be its dutyfo defend Ne snit or nt the City'a option [o pay
the legal fray of Ne Ciry's attorney to defend He suit and should judgment go against Ne City
in any such case, Franchisee shall fotthwiN pay Ne same. The Franchisee shall indemnify and
save harmless Ne Ciry, its agency, officers and employees from any judgments recovered by
anyone for personal injury, deaN or propety damage usuined by reason of any of Ne
Franchisee's activities permittetl by His franchise or for any actions or proceedings brought as
a resu It of the award of Nis franchise to Franchisee, [o specifcally include but not limited to
And-oust nations or proceedings, and shall pay ed expenses, including casts and attorney's fees,
rn defending against any such elnim made against Ne Clty or any oP Ne Ciry's agen ,officers
or employees. Franchisee furNer agree ro purchase comprehensive public liability and property
damage i sumnce in He amount of 55,000,000 per aeciden[, event or occurre e, ming Ne
City as an adtlirional insured to the extent of its rights egainstFmnchisee arising by virtue of this
section. The insurance policy will provide Net Ne City aball be given Nirty (30) days written
nonce prior to cancellation or modificadon. A copy of saitl policy of insurance shall be filed
wiN Ne City Clerk on or before the effective date of His franchise.
26. jj~yp5e5. The Franchisee shall, at ifs sole expense, procure from sll governmental
auNOrides having jurisdiction over the operations of Ne Franchisee, including Ne City, all
licenses, certificates, permiu or oNer auNOrizauon which may be necessary for Ne contluct of
iu operations. The Franchisee shall pay all taxes, licenses, certification, permit and examination
fees antl excises which may he assessed, levied, exaccetl or imposed on its property, on its
operations, on its gross receipts, and upon Nis franchise and Ne rights and privileges granted
herein, antl shall make all applications, reports and returns required in connection NerewiN.
27. Wnrke 's fnm n. The Franchise shall carry, with an insurance company
authorized to transact business in the State of Florida, a policy that fulfills all Ne requiremenu
of the Worker's Compensation Act of said State, including till legal requirements foroccupational
diseases.
28. Axyg¢m,ehl. No xsignment of franchise or any right occurring under Nis
ordinance shall be made in whole or in pan by the Franchisee without [he express written consent
of Ne City and Ne customer; in Ne event of any assignment, Ne assignee and the assignor shall
boN be liable under the Franchise.
29. Books Re ours antj n{dit.
a. The Franchisee shall keep records of wastes colleccetl and charges Nerefor,
antl Ne Ciry shall have Ne right to review Nose records which in any way pertain to the
paymenu due it as well as Ne bluing of all customers by (he Franchisee. If tllsposal facilities
are operateA by the City, records of incoming wastes shall he maintained by the City. The
Franchisee will be responsible for Ne monNly billing oP the customer.
h. Franchisee shall furnish the City with an annual audit, due on November
I S of each calendar year, for the service year or portion Hereof ending Ne previous $pp3eappq
]9L. Said audit shall be preparetl by an independent certifed public accountant wmplete with
creditor s opinion which opinion shall be subjat to acceptance or r jeclion by the City. The
audit shall reFlect Ne accuracy and completeness of the information provided Ne City by Ne
Franchisee including detailed data and computation concerninK Ne franchise fee
30. Banknn!cv or Inxolve If Ne Franchisee becomes insolvent and in any event
if the Franchisee fles a petition of voluntary or involuntary Fankruptcy, Nen Nis fanchise shall
terminate m no event later Nan the date of filing of the bauWVptcy petitlon.
31. Default.
a. The failure on Ne pan of Ne Franchisee to comply in any subsuntial
respect wiN any of Ne provisions of this ordinance shall be Grounds for a forfeiture of Nis
franchise, but no such forfeiture shall uke effect until Ne City has'served upon the Franchisee
written notice of default, which notice shall set forth the nature and extent thereof. If a default
can be corrected, the Franchisee shall have Kitty (30) days following Ne nodce of default to
correct the same. If Ne Franchisee protests Ne reasonableness or propriety of the City's
tleclarativn, said protest shall be served upon the City in wrung within ten (IO) days following
ceipt by Ne Franchisee of Ne Ciry's notice.
b. If Ne Ciry and Ne Franchisee cannot agree as to Ne reasonableness or
propriety of the Ciry's declaration of default, then Ne issue shall be promptly submitted to
binding arbiratron. Three qualified arbitrators shall constiNte a Board of Arbitration, one
arbivaror ro be selected by Ne City, one by Ne Franchisee and one by Ne arbio-aNrs so selected.
The Board of Arbitrators shall notify Ne City and He Franchisee of Neir determination of the
reasonableness and propriety of Ne City's declaration oP default no[ later Nan Nlny (30) days
following submission of He issue to He Board. Arbitration shall be pursuant to He Florida
Arblo-ation Code, Chapter 682, Florldn Statutes.
c. The purpose of this section is to enable He City and Ne Franchisee tv
resolve by arbitration such differences as Ney may be unable to resolve by mutual agreement.
NoNing contained herein shall be construed to limit or restrict He legal rights and powers of He
City or the Franchisee.
32. R;h R~7 P F n The failure of Ne CIty at any dme to require
performance by He Fmnehisee of any provisions hereof shall in no way affect He righ[of [he
City Hereafter to enforce same. Nor shall waiver by Ne City of any breach of any provisions
hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver
of any prov~,cton itself,
33. In~enendent Contractor. It is hereby understood and agreed Nat He Franchisee
is an independent cono-actor end not an agent of the City.
34. tsnd'Prat on. This franchise constitutes Ne endre agreemen[and understanding
between He patties hereto, and 1[ shall not be considered modified, altered, clrangetl or amended
to any respec unless in writing and signed by He parties hereto, and adopted as an xmending
franchise ordinance.
3S. !y' }mi' e. As required for tiny purpose In Ihie kanchise, notice shall be addressed
end sent by certifetl Onlted States mail to Ne City and Ha Franchisee es follows:
CITY: Geri 2ambrl, Ciry Clerk
175 W. Warten Ave.
Longwood, FI. 32]50
FRANCHISEE: isposAil, i
. U. Box 60]905
Orlando, F 3?E60
36. Remed e. Attomey'v Fee. and Cn~r_. All remedies provided in Nis fanchise
mall ne deemed m~mwntme and aadhional and not N hw ofor exowsive of eaan oNer or of any
other remedy available to the City at law or in equity. la Ne even[ Ne City shall prevail in any
action dosing hereunder, Franchisee shall pay to Ne City its cods, referable thereto, including
attorney's fees.
37, Gnveming Law antl Venue This franchise agreement shall be governed by Ne
Taws of Ne State of Florida. Any and all legal acvon necessary [o enforce the Agreement will
he held in Seminole County and the Agreement will be inteepreted according to Ne laws of
Florida.
36. s+=ad'y~. The headings of Ne sectlons of this franchise are for puryoses of
convenience only and shall not be deemed to expand or limit the provisions contained in such
39. Wartanty of Franchisee. The Franchisee represents and warrants un[o Ne City
that no officer, employee, or agent of the City has any interest, eiNer directly or indirectly, in
!ha business of Franchisee to be conducted hereunder.
40. Amendment. The City reserves Ne rightw amentl Nis ordinance in any manner
necessary for Ne healN, safety or welfare of the public, antl Ne City reserves Ne right, in Ne
public interest from time to nme, to prescribe reasonable rules and regula[ions governing
Franchisee's operations hereunder.
41. m~bi'. Ent'ty ['r'm ~~ No Franchisee or Cono-actor may be a person or aff Irate
identifed on Ne Department of General Services "convicted vendor" list. This list is def netl
as consi ting of persons or affliares who are disqualified from public contracting and purchasing
process because Ney have been found guilty of apublic entity crime: The Franchisee is required
to comply wiN Florida Statutes Section 287.133, as amended, or its successor.
SECTION TWO' Senaran.rty: The pro isions of this ordinance are declared to be
seParahle and if any section, sentence, clause or phrase of this ordinance shall for any reason be
a~a m m ~~ ~uemnonal, s~ ~e,oa,nan nol nr~~mo vahaay oren~ n
~~u fn~:but tl~ev shell runein'in
~d ni ~ithnantling rile Invziidily
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