Ordinance 93-1167ORDINANCE 93-I16]
AN ORDINANCE OF THE CITY OF I,ONGWOOD, FLORIDA,
PROVIDING FOR THE GRANTING OFl A NON-EXCLUSIVE
FRANCHISE TO J r~.v~n~ Ensvi7onmen FORTHECOLLECTION
OF COMMERCIAL SOLID WASTE, TO IMPOSE CERTAIN TERMS,
CONDITIONS AND REQUIREMENTS RELATING THERP.TO;
PROVIDING SEVERA6ILITY, CONFLICTS AND AN EFFECTIVE
DATE.
HE IT ENACTED RY THE CITY OF LONGWOOD, FLORIDA AS FOLLOWS:
Jennings Envirorwental
,eFST10N ONE: There is hereby granted to Services„__Inc_ (herein called
the "Franchisee"), iu successors and assigns, a non exclusive righ[, privilege or franchise to
collect solid waste materials from commerclnl esvtblishments wiNin dte City of WngwooU,
Seminole County, Florida, during [he term and subJeet to the following limitations evd conditions
as hereinafter set forth.
1. Def niter.
a. "City"shall mean Ne Cityof LongwooU, Floritla,a municipalroryoradon.
h. "Franchisee' shall mean the individual, partnership or corporation
who/which agrees, as hereinafter provideA to perform Ne work or sen•ice, or m furnish materials
or equipment, or both as set forth in this franchise.
c. "Recovered materials" means metal,paper, glass, plasdc, textile, or rubber
materials that have known recycling potential, can be feasibly recycled, and have been diverted
and source separated or have been rtmoved from the solid waste sveam for sale, use, or reuse
as raw mnterials, whether or not the materials require subsequent processing or separation from
each other, hm Uoes not Include materials dexdned for any ure that coastimtes Uisposal.
Recovered materials as described above are not solid waste.
d. "Solid waste management" shall mean the process by which solid waste is
collected, transported, stored, separated, processed, or disposed of in any other way, according
w an orderly, purposeful, and Planned program which includes closure nnU long-term
e. "Solid waste management fzcility" shall mean any solid waste disposal
area, volume reduction plant, o- nsfer sution, materiuls recovery facility, or other facility. the
purpoxe of which is resource recovery or Ne disposal, recycling, processing, or norege ofsolid
wnste. The ruin Uoea not tnelode recovered materials Processing facilities whicM1 meet Ne
1
requirements of FS s. 403:1046(4) except the portion of fhcliues. if any, Nat is useD for the
management of dare managing sic.l soli) waste.
E. "Solid waste" shall mean sluJge unregulated under the federal clean water
net or clean air act, sNdge from a waxte treahneot works, water supply veatment plant. or air
pollution control facility, or includes garhage, rubbish, refuse, special waste. or ocher tliscaNed
material, including ,xoliQ Ilguio, semisolid, of contained gaseolu' material resulting Rom
Domestic, industrial, commercial, mining, agricultural, or govemmenwl operations. Recoveretl
materials as aeenea in Fs s.aoe.~o3p) are not solid waste.
g. "en~nmerdal e:umi,hlnem°mean:aprltpeny nr properDes =owed or ased
for commercial or industrial uses, or used by an entity exempt from taxatiov uvder s. 501 (e)(3)
of Ne lntemal Revenue Cade, and excludes property or properties zoned or used far sivgle-
Pemily residentlal or multifamily rexidenual uses.
h. "f nswcuon anJ Demolition duhris meatrs mncenelsgenemlly considered
to be not wv[er soluble end uoMazardous in nature, including, but not limitetl to. steel glass.
brick, concrete, asphalt roofing material, Dipe, gypsum wallboarD, anD lumber, from the
comvucnon or Jeswction of a swcture az patt of a consvuction of demobnon project, antl
Including rocks, soils, vee tamale, veer, and other vegeutlve matter which normally results
fmm IanU cleating or land davelopment operations For a consvucuon pr ject including such
Debris fium wnnruetion of swcwres ata.nce remote from Necanswetion or demolition project
site. Mixing of wnswcaion and 0emoliuov debris with other typo' of mlitl waste, including
material from a conswcuon of demolition site which is vot from Ne actual covswction or
deswcnon of a swc ,will cause tt w be classifed as oNer thin consvuction antl Demolition
Debris.
I. "Container"shall mean any portable, nonabsorbent encloxeD Container with
n close tilting cover, or Doors, approveD by the HealUt Department and Ne Ciry, which is used
to store large volumes of refuse. It must be capable of being servicetl by mechanical WuiDment.
j. "Special Waste" means solid wastes that can require special handlinS and
m nagemevt, iucluding, but not IimiteJ co, white goals', waste urea, used oil, Iead~aci0 heveries.
conswcvon and Demolition debris, ash residue, yard wash, and biologicxl waztes.
k. "BiomeUlexl waste" means xuy soli) wane or IiquiJ wesm which may
present a threat of infection to humans. The term includes. but is not IimiteJ to, nonliquiU
humxn tissue and body parts; laboratory xnd veterinary waste which ronlain human-0isease~
causing agents; disuvded disposable sharps; human hlovd, and human blood productt anU
body fluids; and other materials which in the opinion of the department of HeaiN and
Rehabiiimuve Services represent a signifcnnt risk of infection to persons outside Ne generoong
hcility. The term does not ivciude human remains that ere disposed of by persons licensed
wader cnapter ago.
I. "biomedical wa to generator" means a facility or person that produces of
generates biomedical waste. The term includes, but is not limitul to, hospitals, skilled nursing
or convalescent hospimis, mrmediate care facilities, clin s, dialysis clinics, dental offces.
hea1N maintenance organiutionc, surgical clinics, medical buildings, physicians' offices.
iahorxmries, veterinary clinics, and funeral homes.
m. "Biological waste" means solid wane that causes or has the capability of
causing disease or infeepon and includes, but is vot limited to, biomedical waste, diseazed or
dead animals, and oNer wastes capable of vansmining pathogens to humans or animals. The
term Uoes not include humav remains Nat as tlisposeA of by persons IicenseA under chapru 4"10.
n. "MUleriels recovery facility" means' a solid waste management facility Nat
provides for Ne exvecnon from solid warm of reryclnble materials, materials suiuhle for use
as a fuel of soil amendment, or any combination of such materials.
o. "ftttovered materials processing facility" means a facility engaged solely
in Ne sromge, procesing, resale, or reuse of recovered material . Such a facility is not a solid
waste management facility if it meets Ne wntlitions of FS s. 403.'l045(1)(~.
p. "Ash Residue " rtes the same manning as the farm is defined in the
department rule ov solid waste combustors which defines such term.
y. "PellerizeU paperwaste"meanspeileu proUUCed exclusively from dlsurded
paper which is derived from n solid waste m nagement facility or a recovered materials
processing heility and which is shredtleU, exvvded, or formulated into compact pellets oFvarious
sizes for Ne use asa supplemental fuel in permitted boilers other than waste~to~energy facilities.
The use of such pellets as a supplemental fuel in permitted boilers other Nan wane-ro-energy
facilities may be used by local gov meats az credits inward Ne goals for reduction of solid
waste pursuant to FS s. 403.'/06(4)(6).
r "source reparatw°mean, me reeorerea matcnals arc arpamted rom aohd
wute where the recovereU materiab'and mild wane are generated. The term does not require
that venous types of recovered materials be separated from eech other and recognizes de minimis
solid was n accordance wiN industry standards and practi ,may he included in the
recovered materials.
s. "City"shall mean the City of Longwood, Floritla,amvnicipal corporation.
2. Term.
a. The termof this frnnchire shell terminate ov cepy@mh 3,1994 following
Ne effective date hereof provided, however, the City reserves the right to terminate the some
prior rliereto if the Franchisee defaul¢ in any one of Ne tet'ms'and conditions herein epecifed-
b. On netnnCL~. 1994, this Pranchire shall be avromarically extended for an
additional term pfgpe_ypgi expiring Ne following C mr gn rg~ 199s provided Ne Francnisee
shall make applicxtron for said extension at least 30 days prior to its termination. No further
extensions shall be granted without City Commission approva~-
3. Serv'cus Prov ded by Franchisee
a. Frenchisee(s) shall provide Commercial Solid Waste Colleeton Servmes
in the City of Longwood, which shall he an exclusive right to the Frevchisee(s7. The Contractor
shall be responslbie for billing and collection of Commercial Solid Waste Collecton services end
disposal costs.
a. uaantmir:ea serv
a. No other person or eodty except the Franchisee(s) may offer or provide
Commercial Solid Waste Collection Service in the City of Longwood. No commercial
establishment witnin the City shall utilize the services of a wllector not holding a franchise from
Ne City. Violations of this section shall be enforced by [he City by legal action seeking
injun nee relief and damages
c. Minimum Service: The Franchisee shall make a[ least [wo (2) weekly
collections at all commercal establisnmenis subject to the terms of rills ordinance and at
suffcient additional intervals necessary to pertorm adequae servces and to protect the
environment, unless otherwise approved in advance by the City, provided however, where the
refuse is exclusively noo-putreasible in nature, once weekly collections are permineU.
5. Fran g'y~yor¢a~."e re=. A fee of bfty dollars (SSh.00j shall be charged for
each franchise application to cover nssocieteU aUministrative wsis.
6. Hers. Collections shall he made between 6:00 a.m. and 6:00 p.m. unless
Uifferent times are approvetl by die City.
]. L.tter. The Franchisee shall tut litter premises in Ne process of making
collections and shall promptly pick up all papers, material or dehris Nat may be nattered about
the container. Franchisee shall collect all materiil that has heen place) in or about its containers
unless otherwise UirecteU by Ne Ciry.
8. It!ea nn of AOnrnved Cnm_nerc, Containers used for collection of solid
waste from commercial establishments shall be sundard manufacwretl-type mechanically served
rontame s, compatible with the private commercial collector's servicing equipment. Containers
shall be placed at locations readily accessible to franchisee's personnel. Containers shall he
located upon private property unless the use of public property is approved by Ne Ciry.
V iolntions of Nis section shall constiwte n breach and default of Nis egreemevt. The type of
container usN, or the location thereof, may vary from the provisions of Nis secunn if approvetl
to writing by Ne City of InngwoW, Florida.
9. Rec vend Mater els
a. Recovered materials generated at rommercial estahlishments must he source
separated at the premises of Ne commercial establishment prior to collection by a properly
certifed recovered materials dealer.
10. [7y.+.dnn~ Materials, Collection of special and harardous materials shall be in
strict compliance with all federal, state, and local laws and regulations. Said materials shall be
stored and placed in a manner approved by Ne appropriate regularory agency,i.e. FDER, U.S.
EPA, etc., end Ne Clry of lungwood.
I1. Cxillectinn ~u
a. The Franchisee shall provide an adegaare number of vehicles for regular
collection services. They shall be kept in good repair, appearance, enU in a sanitary conditlon
at all times. Each vehicle shall have clearly visihle the name and phone number of Ne
Franchisee and vehicle number not less than ewelve inches (12") in height on Ne rear and each
side. h. Franchisee shall ccrtif'y to Ne City upon the rommencement of each
franchise year the description and quantity of vehicles and equipment on hand ao0 available for
regular collection services nvd backup in the event of any breakdowns.
c. Each damps[er shall be systematically marketl, it a manner approvetl by
the Clty to identify itr capacity in yardage, snhediJed Oate of pickup and its "dumpster number"
i.e., 6, MWF, 452 would be a six (~ yard dumpster. to be picked up Monday, Wednesday and
Friday and it would be dumps[er number 452. Such markings shall be amendW to provide such
other infnrmahov as Ne Ciry may require Dromptly upon receipt of a nouco from Ne City
requiring a change of container markings.
I2. ~ffce. The Franchisee shall esublish and maintain a local offce or such other
facilities through which it can be contacted, where service may be applied for, and complains
can be made. h shall be equipped with sufficient telephones, shall have one (I)
responsible person in charge during collection hours and shall he open during collection
hours.
13. yahlg. All solid waste hauled by the Franchisee shall be so conmined. or
enclosetl that leaking, spilling or blowing are prevented. In the event of any spillage, leaking.
or blowing of me[eriels from wck, the Franchisee shall im medintely Ilea up the waste.
14. D snosal. All suliJ waste for disposal shall be hauled to FDER approved sites or
facilities legally approveU to acenpt it for treatment or dlsyosal. All recoveed materials must
be processed eta certified recovered materials processing facility.
15. ('ha.e;5=nd~s. All charges and rates for the commercial collection of garhage
shall be set by Ne Franchisee in negotiation with the commercial establishment requiring Ne
service. Rn[es and charges xhall not be set by the City.
t6. ('im at nn and Pav
a. For the privilege of collecting solid waste from commercial esmblishmenrs
wiNin the City, securing a franchise from the City and for the use of Ne Ciry streets, Ne
fmnehised collector shall pay ro the City, a um equfll to lea percent (109) of dre gross revenue
from all sources related to the fianchisea's operehons in the City, including fees, chargs, oral
of equipment, end funds paid outside the City for hauling materials from Ne Ciry. Payment to
Ne City shall be mode four (A) times per year, on March 15, lone I5, September li, and
Decemher I5, for three (3) full months immediately preceding pnymi,nt, e cept the lirsr payment
if the firsi puiod is less than Nree months, in which case payment shall be prorated. Such fees
shall not include feu generated from Ne collecVOn of recovered materials.
b. Franchisee, in furNer consideration of the franchise, shell make its financial
records available to the City in accordance wiN procetluru' estahlished from nme to time by Ne
City. The fees paid pursuant to Nis Section shall not he added as a separate item on the
customer s collection bills, but rather shell be considered as an opuadonal expense.
c. All payments shall be Uue on Ne fifteenth (ISN)of the month following Ne month
of service. Any and all payments not paid by Ne IStb of Ne month following the month of
service shall bear interest al the rate of 18% pu annum from the first (1st) of the month
Following the month of service.
I], g~gpfjpppfg$;nice nr Del'ngy4¢(.~,~,ppp(5.
a. The Franchisee may discontinue service to a commercial establishment as
set forth in this section. Commercial establishments which have not remined required Payments
within ffteen (IS) days after Ne dvte of billing shell be notified. Said nodficetion shall contain
e statement Nat service may he dissonttnued fifteen (IS) days from Ne dace of notice if paymem
is out made before Nat time. In the event Ne Franchisee intends to discontinue a delinyue t
account it shall so notify Ne City v[ Ieest fftcen (IS) days prior to the last day of collecuon.
Upon payment of the delinquent fees, the Franchisee shall resume collection on Ne next regularly
scheduled collecuon dvy.
I8. Ren rts. On Ne swenry-fifty (25th) tley of Ne monN following the monN of
service hereunder the Franchisee shall provitle the City wiN a report. Said report shall be in a
form, either hard copy, computer disk (compatible wiN the City's compurers7 er otherwise
satisfacmry to the City. The report shall include such information as Ne Ciry may reasonably
requir so m to ensure proper refuse service by all commercial estahluiimenra wihin Ilse Ciry
and so as to ensure Franchisee's compliance with Ne terms and conditions of Nis report. Unless
otherwise tlirected by Ne City'x Director of Public Works, each repott shall eontaiv as a
(I) Cusromer's Utility Number (ASSigneU by the City)
(2) Customer's Business Neme
(3) Customer's Business Addreas
(4) Customer's Telephone Number
(5) Container(s) Number (s)
(Ii) Conwiner(s) Capacity
(]) CompacWr(s)
(8) Pick-up Schedule for Conminen and Compacmrs
(9) Nmnber of Pick-ups for ail Conminers and Compac rs
(10) Franchisee Fee
This report shall he submitted no lacer Ilan the twenty-fi lib (25th) of the month following Ne
month of rervtce, covering ell acttvlaes during t}e mooth of xervtce, co the Direelor of Public
Works.
19. (y. All complaints shall be resolved ny franchisee within twenty-four
(24) hours. The Fmnchisce shall supply Ne Cty will[ copies of all wlnpFeints on a form
approved by Ue City and ivdlcate rile disposluon of each complain[, Such records shell be
available Por City inspection at all times during businexs hours. The form shall indicate the day
and hour on which Ne wmplain[ was received and the day and hour on which it was resolved.
the name of Ne complainant, the nature of the complaint and dte manner of resolution. When
a complaintm received on the dny preceding e holiday or on a Sewrday, is shall be serviced on
the next working day.
20. NHfl~allon. The Franchisee shall notify all customers about complaint
proculures, regulations, and days of collection.
21. Franch'sce Pers rnnl.
a. The Franchisee shall assign a yuaiifed person or persons ro be in charge
of his opambons In the City and shall give the name or names to the City; information regarding
experient~ shall also be furnixhrd.
b. Franchisee's milection employees shall wear a clean uniform bearing the
company's name.
~. finch employee shall, al all times, carry a valitl opetnwr'r license For the
type of vehicle he is driving.
d. The City may request the dismisses or uppropriate discipline of any
employee or Ne Francnisee wno vlolatas any provi~;oa nereof or wno is wamm~. negligent. or
sscwrteona.n Ne performance or ms done:.
e. The Franchiseeahall provide opem~ing and safety vaining (or all personnel
and snail certify same to Ne City annually upon renewal of Nis Franchise. Such certifcatton
shall identify ail employees employed in Longwood, Neirjob description and Ne nature entl Type
of vaining given said employees.
f. The Franchisee shall comply wiN the Equal Employment Oppor[unity
Program, Ne Fair Labor Standards Act and all oNer applicable Federal and State Statutes
pertaining to Falr F,mployment practices.
22. aachicee F~u'n nt.
a. All woks or oNer vehicles operated by the Franchisee in Ne Ciry shall be
subject to, and shall immediately submit to spot, on the road inspectlons by Ne Ciry or irs agave
and if found to be unsafe, said vehicle shall he immediately removed from service until it ten
be repaired and is successfully reinspecteU.
h. Tne use of vehicles failing to meet stxndards after insputions may rte
grounds for cancellation of Ne franchise by Ne City Commission, if found after notice to the
franchisee and an opportunity to be heard, to be flagrant or repeated in nature.
2i. Ct tl'sn w'N'n Laws. The right is herxby remrved for the City [o adopt, in
addition to Ne provisions herein conmined and existing apDlicahle ordinances, such additional
regulations as it shall fad necessary in Ne exercise of the police power, provided that such
regulations by ordinance or otherwise shall be reasonable and not in conflict with Ne intentled
purpose of Nis ordinance. The franchisee shall conduct operations under Nis ordinance in
compliance with ail applicable laws and iu failure to wmply shall constitutea deFaalt hereunder.
This franchise shall not he construed to repeal or revise any existing ordinance and to Ne extern
Nat any provision of Nis franchise is inconsistent wiN any exi ring ordinance, Nen such existing
ordinance snail prevail and control.
24. Pyymeat H~~d. The Franchisee shall famish to Ne Ciry nPayment Bond ezecmed
by a surety licensed and auNOrtzed to do business in the Sute of Florida in the amount of
SIOO,000.00 insuring Ne faiNful payment and performance of the terms of Ihis ordinance and
executed by a s eery company. Said Payment Bond is in an amount deemed by Ne City and Ne
Franchisee to be reasonebic and neteenry to enable Ne Ciry m ensure all franchise fees due anU
payable hereunder enJ paid as and when Jue.
25- L'aA l'tv. The privileges herein grante4 are upon Ne express ennJidons rhat the
Franchisee shall he liable for all Damages or injury to persons or propercy causetl by iu neglect
m va6mnent or by the acnoru of any of iu employee while engugeD in the opeauons
herein authorized, or for any actions or pr«eeJings brought az a result of Ne ewazd of Nis
franchise to Franchisee, to specifically include but not be limited to Anti-trust acDOns or
proceedings. ShoulJ Ne City of LongwooJ be suet therefor, Ne Franchisee shall be notifeD
of such suit, anD thereupon it shall be iss Duty to defend Ne suit or nt the City's option to pay
the legal fees of the Ciry's attorney w defend Ne suit and should judgment go against Ne City
in any such case, Franchisee shall foMwitlh pay the same. The Franchisee shall indemnify and
save harmless Ne City, iu egenu, offcces end employee from any judgmenu recovered by
anyone for personal injury, tleaN or property tlamage suauined by reazon of any of Ne
Franchisee s activities permitteD by Nis franchise or far any awons or pr«eeDings hrought as
n insult of Ne award of Nis franchise to Franchisee, to.specifcally i«lude but not Iimite4 to
Anti-wst actions or pr«eedings, and shall pay all expenses, including costs and anomey s fees.
in defending against any such claim made againrt the Cry or any of the Ciry's agenu, offeers
or employees. Franchisee fuller agree to purchare comprehensive public liability and property
damage irsurance In the amohn[ of 55,000,000 per accident, event or oceunence, naming the
City as an additional Inshved to the extent of iu'rlghu egait st Fmnchivee arising by ulnae of this
section. The insvrav« policy will provide that Ne City shall be given Niny (30) Jays wnttuh
notice poor to cancellation or modification. A copy of said policy of insurance shall be fled
wiN Ne City Clerk on or before Ne e(feGive Uete of Nis franchisa-
26. L,ce"ses. The Franchisee shall, atiusole expert e,pr«ure from allgov mmenml
authorities having jurisdiction over Ne operations of Ne Franchisee, including the Ciry, all
licenses, certificates, pumiu or oNer autfioriradon which may be necessary for Ne conduct of
its operatrons. The Franchisee shall pay all taxes,licenses, cenifcation, permit and exemhnauon
fees end exe~ses which may be assessed, levieQ e acted or imposed on u property, o iu
opemuo s, is gross receipts, and upon Nis franchise and [he rights and privileges granted
harem, and shall make all applications, reports and rewrns required in connection NerewiN.
2Z. Worker'r C<m .The Franchise shall earty, with an insurance company
authorized to trans'uct business in Ne Slate o(Florida, v policy that fulfills all Ne mquirements
of the Worker's Compenseuon Act of said Stat , nclutling all legal reyuir meats for occupational
Jucaxs.
28. Asc of nmsn~. No azsignn ant of franchise or any right new ring undo Nis
ordinance shall he made in whole or in part by the Franchisee without the express woven consent
of Ne City antl Ne customer; in [he event of any assignment, the assignee and the assignor shall
both be liable unJer the Franchise.
29. ~I _RgFyr l~s,atid~gy~J.
e. The Franchisee shall keep reconLS Ofwaztes rolieacd and charges Nerefor,
and the City shall have the right to review those records which in any way penain m Ne
payments due it as well as Ne billing of all customers by [he Franchisee. If disposal facilities
ere operated by the City, recorUS of incoming wastes shall be maintained by the Ciry. Tha
Franchisee will ba responsble far Ne monthly billing of Ne wstomu.
b. Franchisee shall famish the City with an annual audit, due on November
IS of each calendar year, for Ne service yea or porton thereof ending the previous $e°tember
741h. Said autlit shall be prepared by an independent certified public accounNnt complete with
uodiror'a opinion which opinion shall be subject m acceptance o raja ton by Ne Ciry. The
audit shall reFlect the accuracy and completeness of [he information provided the City by Ne
Franchisee ivcludivg detaileU data and cnmputauon concerning Ne francltire fee.
30. eankrantcy or Insolve If the Franchisee becomes insolvent and in any event
if the Frnnchisce fles a petition of volonury or involuntary bankruptcy, then dtis franchise shall
terminate to vo event later than the date of fling of the bankruptcy petition.
31, Default.
n. The failure on the pan of the Frnnehisce to comply in any substantial
respect wiN any of the provisions of this ordinance shall be grounds for a forfeiture of this
Franchise, but no such forfeiture shall take effect until the City has serveU upon Ne Franchisee
written nonce of default, which notice shall set forty Ne nature and extent (hereof. If a defanlt
can be coaecteU, Ne Franchisee shall have Nirty (30) days following Ne votlce of default to
cortect the same. If Ne Eranchisee protests the reasonableness or propriety of the Ciry's
aedaation, sbid Pretest shall ne aer~ed apoo me ary m waang wiNio mn o01 van [onowing
receipt by the Franchisee of Ne City's notice.
h. 1[the City and Ne Franchisee cannot agree as to the reawnableness or
propriety of Ne City's declaration of Default, then Ne issue shall be promptly submined w
binding arbitration. Throe qualified arbitrators shall constitute a board of Arbitration. one
arbiva[or to be selected by the City, one by the Franchisee and one by the arbitrators so selected.
The Board of Arbivators shall notify the City and [he Franchisee of their determination of Ne
reasonableftexs and propriety of the City's declaration of defeuh not later Nan thirty (30) days
fullowinS suhmissiun of the issae to the Board. Aroitration shall he pursuant to Ne Florida
Arbivation Code, Chap[er 682, Florida Statutes.
c. The purpose of this .seaiun is to enable Ne Ciry antl the Franchisee to
resolve by arbitration such differences as Ney may he unable m resolve by mutual agreemem.
Nothing ntained herein shell be wns¢ved to limit or respct Ne legal right antl powers of the
City or the Franchisee.
32.p ffv Req„_e_P~ f ~. The failure of the Ciry a any time ro require
performance by Ne Fanchisee of any provisions hereof shall in no way affect Ne right of the
City thereafter [o enforce same. Nor shall waiver by the Ciry of any breach of any provisions
hereof be taken or held to bee waiver of any succeeding breaeb of such provision or as a waiver
of any Provision itself.
33. Indoendenr Covtra~¢. It is hueby understooU and agreed Nat the Franchisee
is an independent convector and not an agent of Ne City.
34. Mndifica This franchise consumtes Ne entire agreement and understanding
between Neparttes hereto, and it shall nor be eensidered moditi«l, aheretl, changed or amended
to any respect anless to wr ring antl signed by the panto hereto, and adopted as ao amending
franchise oNiname.
35. Noti e. As required For aay Purpose in Nis franchise, notice shall he eddressetl
and sent by cenifetl Unitul Stites mail to Ne Ciry and Ne Franchisee as follows:
CITY: Geri Z.amhri, City Clerk
1'15 W. Warren Ave.
Longwood, FI. 3250
FRANCHISEE:
36. $~Qyj'c5 Attnrn~y'c Feec aria C et. All remedies provieed is Nis franchise
shall be deemed cumulative end addidonal uvtl not in lieu of'or exclusive of each other or of any
other remedy availahle to Ne City at law or in eyuity. In the event Ne City shall prevail in any
netton arrsivg hereunder, Franchisee shell pay to Ne Ciry its costs, referable thereto,iricluding
alto nay's feed.
31. Govemi y i aw and Venues This franchise agreement shall be governed by the
lows of Ne State of Florida. Any and all legal action necessary to enforce Ne Agreement will
be held in Seminole County and Ne Agreement will be interpreted according to Ne laws of
Florida.
38. H3,d'ne~,. The headings o[ the sectiona of Nu~ frunchise are for purposes of
wnventevice only and xhall not be deemed to expend or limit the provisions conuinW in such
39. Wurranry<F Franchisee. The Frnnchis repreaenu xnd wertanu unto the City
that no o[ficer, employee, or agent of the City has any interz~t, either directly or intlireNy, in
Nc businev~of Franchisee to ba eondacted hereunder.
40. AlBSIl9ID2W. The City reserves the right to amend this ordinance in any manner
necessary for Ne health, safety or welfare of Ne public, ane the Ciry reserves the right, in Ne
public tnterert From hme to ume, to prescribe reasonable rules and regulations gov ming
Franchisee's operations hereuntler.
41. P hf E 'ry C ' ~ No Franchisee or Cono-actor may be a perwn or riff Bate
identified on Ne Department of General Services "connoted vendor" list. This Iitt is defined
as coast ring of persons or affiliates who are eisqualifetl fom public cono-acting and purchasing
process because they have been found guilty ofe pnblic entity crime. 'the Fanchisee is required
m comply with Florida StaWtes Sccdon 28'/.133, as amended, or its successor.
SECTION TWO' S hl' The provisions of Nls oreinena are declared to be
separable and if any section, sevrence, clause orphtase of this ordinance shall for any reason be
Held to ne ia~aua or aaaoastavdoeal, aa<n aeGaioa Nau r,ot affect cne vaemty of Ne remaining
sections, sentences, clauses and phrases of this ordinance but Ney shall remain in effect, it being
the legislative intent that this ordinance shall stand no[wilhsmnding Ne invalidity of any pan.
cECT10N THREE Effrctive Dare. This ordinance shall mke effect On lawap~ I~94~ eaa
upon accepmnce by Ne Pranchisee.
PASSED ANU ADOPTED THIS ~ DAY OF~ A.D, 1993. ~~iG
FIRST READING : .e, ~ ~~3
SECOND READING' a.0 1993
APPROVED HX MAYpc~~ ~ DAY OF 1993.
MAYOR of Ne City of Longwood, Florida
ATTEST:
City Clerk
Approved as to form and legality
for use and reliance upon by Ne
City of Longwood, Florida.
/_~T~
City Apprney
ACCEPTANCE 6Y FRANCHISEE
The foregoing ordinance and the franchise prervitled for Nerein all Ne terms and conditions'
thereof~arewhereby accepted, a provetl and agreed to this 3 day of
FRANCHISEE: Vic;'
s J ~ 199 ~~f~=.~~//=/~//p
Ay: L
Pr