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Ordinance 93-1169ORDINANCE 93-1169 AN ORDINANCE, OP 3THG CITY OP LONGWOOD, FLORIDA, PROVIDING POdt sfe M1tanaReme~I~'G OF A NON-EXCLUSIVE FRANCIiISETO ~,,,~„ FOR THE COLLECTION OF COMMERCIAL SOLID WAST©, TO IMPOSE CERTAIN TERMS, CONDITIONS AND R[QUIREMENTS RELATING THERETO; PROVIDING SEVERARILITY, CONFLICTS AND AN EFFECTIVE DATE. RE IT ENACTED 6Y THE CITY OF LONGWOOD, FLORIDA AS FOLLOWS: SECTION ONE: Thue is hereby granted to Rnftn Management therein called Ne "Franchisee"), its successors and assigns, a non exelusrve right, privilege or kanchixe to collect solid waste materiels from commercial establishments within Ne Cry of Longwood. Seminole Cormty, Florida, during Ne term and subject to [he following Ilmimtions and conditions as hereinafter set forth. 1. D~LiTn~. a. "City'shall mean the Ciry of Longwood, Florida,amunicipal corporation. b. "Franchised" shall mean the individual, partnership or corporation who/which agrees, as hereinafter provided to perform the work or service, or to furnish materials or equipment, or both ax set forth in Nis franchise. c. "RecovereJ materials" means metal, paper, glass, plas[c, textile, or rubber matuials that have known recycling potential, an be feasibly retyclyd, end have been divertetl and source separatetl or have been removed from Ne solid waste sveam for sale, use, or reuse as raw materials, whether or dot the materials require subsequent processing or separation from each other, but does not Include materials destined for any use that wnsthutes disposal. Recovered materials as deacrlbetl above ere not solid waste. d. "SOlitl waste management" shell mean [Ire process by which solid wane is collected, namported, sroretl, sepuated, pmcess~, or disposed of in any other way, according to an orderly, purposeful, and plannwl program which includes closure and long~rerm e. "Solid waste management facility" shall mean any solid wale disposal a ,volume redudr n plant, transfer smbon, matuials recovery facility, or miter facility, Ne purpose of which is reanaree rearvery or the disposal, recycling, processing, or storage of xolid waste. The term does not include recovered materials processing fatilitiu which men Ne requirements of FS s. 403.]046(4) except the portion of fatilitles, if aay. [Fiat is ureJ for the management of lore managing sic. solid wane. f. "Solid waste" shall mean sluJge unregulateJ under Ne federal clean water act or clean air act, sludge from a wane trrntmen[ works, water supply veatment plant, or'nv pollution control facility, or includes garbage, rubbish, refuse, special waste, or other discarded material, ncluding soliJ, liyuid, semisolid, of conumeJ gaseous material resulting from Jomude, indusaial, commercial, mining, agricultural, or gov rnmenUl operations. Recoveretl materials as Jetined iv FS s-403.]O3p) ere not solid waste. g. "Commercial esmblishment"meansaproperty or properties zoned ur useJ fur commercial or industrial us used by an evoty exempt from taxaoov under s. 501(c)(3) of the Internal Revenue Code, and excludrs property or properties zoned or used for single- family residential or multifamily residential usu. h. "Conswcbon anJ Jemolitiov Debris means materials generally considered to bo not water soluble antl nonhazardous in na ncluding, but not liinlted to, steel glass. brick, concrete, asphalt roofing material, pipe, gypsum wallboarJ, anJ lumber, from the conswetion or deswetion of a sweture as part of a conswetion of demolition project, anJ including rucks, soils, tree remains', o-ees, and oNer vegetative matter which noemally resultt fiom laud clearing or IanD developmen operavons for a conswen n prgjec[ including such Debris fiom covsvuetion of awcmres at a site remote from the conswetion or Demolition project site- Mixing of conswetion and tlemolluon tlebris with orher types of solid waste, including material from a conswetion of demolition site which is nut from the actual conswetion or deswetion of a swcture, will cause it to be classified as other than conswetion anJ demolition Debris. i. "Cootvinur'"shall mean any portable, nebsorbent enclosW conuiner with a close fitting cover, ur doors, approved t+y the Health Department and the City, which is useJ to store large volumes of refuse. It must be eapable of being serviced by meehanlcal equipment. j. "Special Waste" means solid wastes that cav require special hnvtlling antl management, including, but not limited [o, white goods, waste tires, used oil, leatl-acid baneries. conswehon and demolition debris, ash residue, yertl trash, and biological water. k. "Biometlicxl waste' means any .rolid waste or liquid waste which may present a three[ of infection to humans. The rerm inclutlex, but is not limited ro. nonliquid human tissue and body parts; lahoratory and veterinary waste which contain human-Disease ca sing agents; discarUed disposable sharps; human Fluod, and human blood product. and body fluids; and other materials which in Ne opinion of Ne department of HeaIN anU ReM1abilimtive Services represent a significant risk of infection to persons outide Ne genuating facility. The term does not include human remains that are disposed of by persons licevsetl antler chapter 4'10. 1. "Diomedical we to gen rotor maens e faeiliry or puson that produces of gen rates biomedical wane. The rerm include, but is not limited m, hospirats, xkille4 nursing or convnleuevt hospitals, termediate cart facilities, clini s, dialysis Ginies, dental offices. healN mamcenance organizations, surgical clinics, medical buildings, physicians' offices. laboramries, v ennary clinics, and funeral homes. m. "Biological wasm means solid waste Nat causes or has Ne capability of causing Jixease or infection anJ includes, but is not limited to, biomedical waste, diseased or JeaJ animals, anJ other wastes capable of transmitting pathogen w humans or animals. "fhe term does nut Include Human remains Nat xre Jispwed of by persons licensed underchapler 4]D. n. "Ma[erial.c recovery facility'meansasoliJ waste management facility Nat provides for Ne exo-uctien hom snliU waste of recyciaFle materials, materials sulmble for use as a fuel of soil amendment, or any eombinavon of such materials. o. "Recovered materials processing facility" means a facility engaged solely in Ne storage, processing, resale, or reuse of reeoveretl mx[wials. Such a facility is nut a solid waste management facility if it meets Ne covdidoas of CS s. 403.'/045(1)(f). p. "Ash Residue "has the same meaning as Ne term is defined in Ne tleparo-nent rule on solid waste combustors which defines such rerm- q. "Pelletized paperwaste"means pellets produced exclusively from discxrded paper which is derived from a solid waste m nagement facility or a recovered materials pro essing facility anU whicb is shredded, e trvded, or Cormuixted in[o compact pellets of various saes for Ne use as supplemental fuel in permiaed boilers oNer than wasteto energy (acilitics. The use of such pellet/ as a supplemental fuel in permitteA boilers oNer titan waste-to-energy facilities may be used by local govervmevts as creJits towarU the goals for reducoon of solid waste pursuant to PS s. 403 ~tM(4)(e). r. "SWr4 separated"mevns NC recovered materials ar separated fiom vliJ wazte where the recovereJ materials and soliU waste are generated_ Tha term does not reyuire that varioustypes of recovered tna(uials be separated from each other enU recognizes Je minimis solid waste, rn accordance with indusvy sandards and prach s, may he included in Ne recovereJ materials. s. "City"shell mean the City of LOngwooQ Flunda,amunicipal wtporatron. 2. Term. v. The term of this franchisefiall terminate tin Seytemher 30, 1994 following Ne effective date hereof provided, however, the City reaerves the right co terminate Ne same prior [hereto if the Franchisee defaulLS In any one of the terms and conditions herein speGfied. h. On Qctober t 1994, this Franchise shall he automatically extended for an additonal term of rnTvear expiring the following ire . mbar 10 1995 provided Ue Franeniree shall make application for said extension at least 30 Jays prior to its termination. No fprNer extensions shall be granted wiNOUt Ciry Commission approval. 3. Serv ces Prov dad by Franchisee a. Fraarniaee(s) anon provide ~mmerdal sona weave Coneeuon servieea in the City of Longwood, which shall be an exclusive right ro [he Franchisee(s). The Contractor shall be responsible far billing and collection of Commercial SuliJ Waste Collection services anJ disposal costr. 4. naaucnnr;:an service a. No other person or endry except Ne Franchisee(s) may offu or provide Commercial Soli) Wate Collation Service In the Ciry of Longwood. No commercial establishment within Ne Ciry shall utilize Ne services of a collector not holJing a franchise from the City. Violations of this section shall be enforced by the City by legal action seeking injunctive retie( anU damages. c. Minimum Service: The Franchsee shall make nt least two 2) weekly collections tit all commercial establiahments subject to the terms of Nis ordinance anU at sufficient additional intervals necessary to perform adequate services and to protect Ne environment, unless oNerwise approved in aJvance ny Ne City, pruvideJ however, where the refuse is exrlusrvely non-putrescible iv nuture, once weekly collections are permtaed- 5. Franch'se P~ySy~yg; A fee of ffry dollars (550.00) shall he charge) for such franchise applicedon to cover essneiated administrative vests. b. j[gyLS. Collectior¢ shall he made betweev 6:00 a. m. and 6:00 p.m, unless Ulfferent dines are approved by Ne CIry. ], Litter. The Franchisee shall not litter premises to Ne process of making collections and shall Promptly pick up all papers, material or debris that may be sceaered about Ne conlatner. Franchisee shall collect all material Nat has been placed in or about its containers unless oNerwisa dir¢aetl by He City. 8. It.e rid (nc 'nn r,F~p. rnv¢d CS,,ny,~. Containers and for collection of soli) waste from commercial establishments shall be standard manufacwred-type mechanically carved containers, compatible wiH He private commercial eolledor s servicing equipment. Containers shall be placed at locations readily aceessible to franchisee's personnel. f ntaivers shall be locate) upon private property unless He use of public property is approve) by He City. Violations of Nis section shall comtitute a breach and default of Nis agreement. The type of amtainei use), or Ne location Hereof, may vary from Ne pro isions of Nis section if approved in writing by He City of IongwpoJ, Florida. 9. Recovered Materials a. Recoveretl materials gen rated at commercial establishmenu must be source separated at Ne premises of Ne commercial establishment prior to collection by a properly ceitifieJ recovered materials Uealer. 10. Na>ardn ~~ MatPriat.. Collection of special and haurdous materials shall be in svict compliance wiN all Federal, scats, and local laws and regulations. Said materials shall be stored anU placed in a manner approved by [he appropriate regulatory agency i.e. FDER, U.S. EPA, etc., and Ne City of I.ongwoW. 11. C Il Ea ' a. The Franchisee shall provide an adeyuam number of vehicles for regular collection services. They shall be kept in good repair, appearance, and in a sanitary conJirion at all times. Each vehicle shall have clearly visihle He 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 shell certify to Ue City upon the commencement of each franchise year the Uesuiption ant quwtity of vehicles xnd equipmem on hanJ nnU available for regular mllecbon serviw end hacknp in the event of any br¢akdowns. c. Each dumpsler shall be systemeticyily marked, in n manner approve4 by Ue Ciry to idenpfy ita eapaciry in yardage, scheduled tlate of pickup and its "dumpsler number' ~.e., 6, MW F, 452 woulJ be a,cix (6) yartl dumpsler, to be picket up Monday, Wetlnesday and Friday enU it woulJ be Jumpster number 452. Such mnrkingsshall be amended to provida such oNer information as Ue City may require Dromptly upon receipt of a notice from Ue Ciry requiring a change of rovtainer mackivgs. 12. 9~ D. ?he F'mnchisee shall eswbiish and maintain a local offce or such oUu facilities Urwgh which i[ can be contacted, where service may be applied for, and complaints can be maUe. [t shall be equipped wIU suffirien[ telephones, shell have one (I) responsible person in charge During collection hours ant shall be open during collection hours. 17. Ha°t.ne. All solid wvrte hauled by the Franchisee shall be so con®ined, or enclosed that leaking, spilling or blowing arc preventeJ. In the event of any spillage, leaking. or blowing of ma[erivls from yuck, [he Franchisee shall immediately clean up the whee. 14. DistTmsal. All solid waste for disposal shall be hauleA to FDER approved sites or Fncilides legally approve) to accept it tot treatment or dlsDOSni. All recovered mamrials must he processed at a cettiheU recovered materials processing facility. 15. ('ha g=and Rat¢=. All charges and rates for Ue commercial collection o(garbage shall be set by Ue Franchisee iv negotiation with the commercial esmblishment requiring Ue service. Rates and charges shall not beset by the City. I6. Cmm~encar nn ant Pavm nt. a. Forthe privilege of collecting soli) wane from commercial esmbiishmenu within Ue City, securing a franchise from Ue City and for the use of Ue Ciry streeu, the franchised collector shall pay to the Ciry, a sum equal to ten percent (109) of the gross revenue from all sources telate4 m the franchisee's opuations in the City, including fees, charges, rental of equipment, ant funds paid outtide Ue City for hauling materials from Ne Ciry. Payment m Ue City shall be made four (4) times per year, on March 15, lone 15, September 1S, and December I5, fur Nree (3) full ntonlhs immediniely preceding payment, e cept Ne lirs[ payment if the first period is less than three months, in which case payment shall be prorated. Such fees shall not include Fees generated from Ne collecrion of recovered materials. h. FTauchisee, in (unher consid¢reuon of the franchise, shall make its financial records available N the City in aaordnnee wiN procetlures estahlished from time to dme by Ne City. The fees paid pursuant to Nis Section shall not be added as a separate imm on Ne customer s collecion bills, but rather.shall he considered as an operational expevse_ c. All payments shall be due on Ne fkeenth (ISth)oF Ne monN Following the monN of service. Any and all payments not paid by Ne ISN of Ne month following Ne monN of service shall bear imeres[ el the rate nl 189o per annum from Ne first (ISt) of Ne monN following Ne month of service. I], tlic~ontin~e~l C~qn%yg nr DSj~iGn Ay~{~c+~nh. a. The Franchisee may discontinue service to a commercial cmblishment az set forth iv this aechon. Commercial establishmrnrs which hove not remitted reyvired paymem within fi fteen(IS)tlays after Ne date of billin6 shall he notified. Said notificnfion shall contain e sutement Nat service may he discontinuetl f (teen (IS) days flan Ne date of notice if payment is not made before Nnt rime. In Ne event Ne Frnnchuee intends ro discontinue n delinyvent account it shall so notify Ne City at least fikeen (IS) days Drior to Ne lazt day of colleNon. Upon payment of the delinyuent fees, Ne Franchisee shall resume collection on Ne next reHUlarly scheduled wlleeaon day. 18. $CDgtls. On Ne twwty-filch (25N) day of Ne monN rollowing Ne monN of service hereunder the Franchisee shall provide the City with a repon. Snitl tepott shall be iv e Corm, either hard wpy, computer Uisk (compadble with Ne City's computers) or otherwise satisfactory to the City. The report shall include such Information as Ne Ciry may reasonably requite so as to ensure proper refuse service by all commercial establishments within Ne Ciry and so axwensure Franchisee sctmplinnce wiN Netcrms and conditions of Nis report. Unless otherwise Nreetetl by Ne City's Director of Public Works, each report shall conrain as a (1) Customer's Utility Number (Aaslgne4 by Ne City) (2) Customei s Business Name (3) Customer's Huslness Address (4) Customer's Telephone Numher (5) Container(s) Number (s) (6) Contai net(s) Capacity (]) CompaUOr(s) (8) Pick-up Schedule for Cumainers and Compactors (9) Number of Pick-ups For all Containers vnd Compactors (10) Franchisee Fee This report shell be submitted no later then the twenty-filth (25th) of the month following the month of service, cov ring ell activihes dwing the month oC service, to the Director of Public Works. 19. ('.i~mnla n c. All eomplainty shall be rinolved by franchisee wiNin twevty-four (24) hours. The Franehlsce shall supply the City with espies of all complninu' on a form approved by the City and indicate the disposition of each complaint. Such recoNS shall he available for Ciry inspection at all times during bastaese'houn. The form shall indicate Ne day and hour on which the emnplaint wax reeetved etd the day and hoot on which it was resolved, Ne name of Ne complainant, the nature of the complaint and the manner of resolution. When a complain[is received on the day preceding a holiday or on n Sv[utday, it shell be serviced on the next working day. 20. Noi fcattn The Franchisee shall notify all customers about complaim procedures, regulations, and days of collection. 21. Franchisee Permn a The Fravehivee shall assign a qualified person of pusons to he in charge of his operations in Ne City and shat) Give the name or names to the Ciry; inforinatiov regarding experience shall aLSO be futvished. b. Franchisees wllecuon employees shall wear a clean uniform bearing the company's name. c. Each employee shall, at all times, carry a vntid operator s license fur the type of vehicle he is driving. d. The City may requesr the dismissal or approprlare discipline of any employee of the Pmnchuce who violates xny provision hereof or who is wamm~ negligen , m dismuneons in Ne pwformance of his duties. c The Franchisee shall provide opwating and safety ttnining for all personnel and shell certify same to the Cry annually uDOn renewal of [his Franchise. Such cenifcenon shell identify all employees employeU in Longwood, Neirjob description and Ne nature and type of training given said employees. f. The Franchiee shall comply with the Equal Employment Opportunity Program, Ne Fair labor Standards Act and all o[hw applicable FWeral and Stare Sutures pertaining to Fair Employment practices. 22. Fmnch'~e+Fen'p~¢D}. a. All wcks or other vehicles operntGl by the Franchisee in Ne Ciry shall be subjeet to, entl shall immeUlately submit to spot, on the road inspections by Ne Ciry or Its agent and it founU ro be unsek, said vehicle shall be immediately removed from service untll it can be repaired and is successfully reinspected. h. The use of vehicles failing to mcet .suntlards aftee inspections may be grounds for cancellation of Ne franchise by the City Commission, if found after notice to the Franchisee and an opportunity to be heard, to be Flagrvm o repeated in nature 23. Cgmol'anre w' h'n C~w~. The right is herWy reserved far Ne Gry N adopt, in edditiov m the provisions herein conuined and existing applicable ordinances, such additional regulations as rt shall find v essary in the exerare of the police pow r, provided that such regulations by ordinance or oNerwise shall be reasonable and nut in conFlia with the imended purpose of this ordinance. The Franchisee shall conduct opera ions under this ordinance in compliance with all applicable laws and its failure to comply shall constitute a default hereunder. This franchise shall no[ be eonsvued to repeal or revise any rxr ring ordinance and to the ex[ent that any pro rsion of this franchise is ineomisunr with any exr ring ordinance, then mch existing ordinance shall prevail and convol. 26. Pavmem Bond. The Franchisee shall lumish to rha CiryaPayment Bond executed by a surety licenttd and authoriuA to do business in Na Sure of Florida in the amount of $100,000. W iro'uring Ne CaiNful pvymem and pertormanee of the terms' of Nis oNinence end executetl by a surety company. Said Payment Band is in an amount deemed by Ne Ciry and the Frnnchisce ro be rouonable and necessary m enahle the Ciry to erasure all fivtehise key due and payable hertunder and paitl as anU when Jue. 25. Lary I.tv. The privileges harem granted xre npon Ne express wnditions Nar the Pavchisee shall ve liable for all Damages ur injury to persons or property causeA by ita neglect or mumenagement, or by the actions of any of its employees while engage) in Ne operations herein authorized, or for any actions or proceedings brought vs a result of Ne award of Nis franchise to Franchisee, to specifcally include but not be limited to Anti-vast actions or proceedings. Should the City of Longwood be rued Nemfor, the Franchiree shell be nodfetl of such suit, avd thereupon i[ shvll be ita Uuty m tleknU the sui[ or at Ne City's option to pay Ne legal fees of Ne City's e¢orney m defend Ne suit and should judgment go egainrt Ne City in avy such case, Franchisee shxll fbMwiN pay Ne some. The Franchisee shall indemnify and save harmless Ne Ciry, ita agents, officers and employees from any judgments recovered by anyone for personal injury, death or property damage sustainul by reason of any of Ne Franchisee s acvvities permtned by this franchise or for any action or proceedings bruughr as a result of Ne award of Nis franchise to Franchisee, to specifcally include but not limitetl to Anti-wst actions or proceedings, and shall paY all expenses, including costs and attorney's fees, in defending against any ,such clvim made against Ne City or any of Ne City's agents, offcers or employees. Franchisee furNer agree to Dorchase comprehensive public liability and property tlnmage insurance in Ne amount of $S,00v,~0 per accident, event or occurzence, naming Ne City as tin additional insured m the extent of its ri0hu' xgainst Frxnevisee arising by virtue of Nis section. The insumnce policy will provide that [he City shall be given Niny (30) days wrtaen novae prior to cancellation or modifcation. A copy of said policy of insumnce shall be fled with Ne City Clerk on or before the effective date Df Nis franchise. 26. LtGfIlSCt. The Franchisee shall, stirs sole expense, procure fiom all governmental auNonnes having jurisdiction over Ne operations of Ne Franchisee, including Ne City, all Iiceoses, certiticates, permits or elver aufborivrtion which may he necessary for Ne conduct of its operations. The Franchisee shall pay all nixes, licenses, c niticat n, permit avd examination fees anU excises which may be assessed, levied, exacted o[ imposed on its property, on its operations, on 6 gross receipts, and upon Nis frvtcbiae and Ne rights and privilegtt gran[ed here ,and shall make all applicuvo s, reports avd remms required in connution NerewiN. 27_ Wnrker'c Com nsx~. The Franchise hall arty. wiN an insurance company auNOriud ro ¢ansact business in the Sgle of Florida, a policy that fulfills all the myuiremenrs of the Workei s ('smpensation Act of said Slate, including all legal reyviremenls for occupational Diseases. 28. poi. No ssignment of franchise or any light occurring under Nis ordinance shell be made in whole or in earl by the Franchiree without the express wn[ten eonsem of the City and Ne customer; in the event of any assignment, [he assignee and He assignor shall boH be liable under the Franchire. 29. Sm kx Re vats and}. e. The FmnHisce shall keep recoNS OF wastes cvllenetl anJ Charges Nerefor_ and Ne City shell have Ne right m 2v~ew those record whicM1 in any way pertain to Ne paymencs Uue it as well as Ne billing of all customers by He Franchisee. If disposal facilities ar opemletl ny the City, rewrds of incoming w rtes shall be mainpineD by the Ci[y. The Franchisee will he responsble 1'or Ne monNly Frilling of the customer. b. Franchiree shall hrrnish Ne Clty wiN an annwrl audit, due on Novemher IS of each calendar year, for Ne service year or porcion Hereof ending Ne previous Senten her }Qyh. SaiD audit shall he prepared by an independent certifeU puhlic accoun[an[wmplele wiN eredi[or's opinion which opinion shall be subject to aaeDtanee or rejection by the City. The audit shall reFlect Ne accuracy end completeness of He information provideU Ne pry by He Franchisee including detailed dam and conrpumnon wncerning the franchise fee. 30. eankrylp ev nr ins rlvencv, If Ne Franchisee becomes insolvent and in any event if Ne Franchiree files a pe[iaon o1'voluntary or involuntary bankruptcy, Nan Nix franchise shall termrnale in no event later Nan the date of filing of the banl¢uDtcy peliuon. 31. ~. a. The failure on Ne part of the Franchisee m comply in any substantial respect wiN any of the provisions of Nis ordinance shall be grounds Cor a forfeiture of Nis franchise, but vo such forfeiture shall take effect until Ne Gty has served upon the Franchisee written nooee of default, which notice shell act forth He nature entl extent Hereof. If a defnuh can be eorzeeled, Ne Franchisee shall have thirty (30) Uays following He nonce of default to cortut the same. If He Franchisee protests Ne reasonableness or propriety of He Ciry's declareto , saiD protest shell be serveU upon the City in wt ring wiNin ten (I(l) Jays following r eeipt by the Franchisee of the City's notice. b. If the City anD Ne Franchisee cannot agree as m the reasonableness or propriety of the City's Declaration of default, then the issue shall he promptly suhmitted to bintling arbitration. Three qualified arbitrators shall consnwte e board of Arbitration, one arbitratorw be selecteU by me City, one by the Franchisee and one by the arbitrators so selected- The Hoard of Arbivamrs shall notify the City and the Franchiree of tneir tletermination of Ne reasonableness anJ propriety of the City's tlealamtion o[ default not later Than thirty (30) tlays following submisslov of the issue ro the Board. Arbitration shall rte pursuant to Ne Florida Arbitration Code, Chapter 682, Florida Stawtes- ~. The Propose of tho' secdon is to enable the City and the Franchisee to resolve ny arhitranon such tlifferences as tney may be unable to resolve by mu[ue1 agreement. Nothing enntameu Herein anau rte cnnsweU m hmn or reamer me legal dgnu ana power. of the cry or rHe Finanhlsee. 32. R'[g~(~Ir Rer ni a Perfnr na The Cailure of the City at any Time to require performance by the Franchisee of any provisions hereof shall in no way affect the right of the City thereafter m enfone same. Nor shall waiver by the Ciry of any bream of arty provisions hereol be mken or hell to be a waiver of any suc<eeJing breach of such provision pr asa waiver of any provision irself. 33. Int Venendem Contractor. It is hereby underrtoal and agmed that the Franchisee is an indepenJent convacror antl vo[ an agent of the City. 34. MoJiftafon. This franchise wnstlmms the entire agreement av0 unUersmnding between the paNes hereto, and it shall not be considered modifieJ, altered, changed or amendeJ in any respec unless in wnvng and signed by the Datties Hereto, end adopred as an amending fancnise ordinance. 35. pn[ice. As required for any purpose m this fvnchise, nonce shall be aJdressed and sent by certi£eJ United States mail rothe Ciry and Ue Franchisee as follows: CITY: perl Zambri, Ciry Clerk 1'15 W. Warren Ave. LongwooU, FI. 32150 FRANCHIS~E_ 36. !?emedie, Amery < Feev' and fnet . qIl remedies provide) in Nis franchise shall be deemed cumulative and aJdi[ional anJ not in Ileu of or exclusive of each oNer or of nny other remedy available to the Clty al law or in equity. In the event the City shall prevail in any acvon ar sing hereunder, Franchisee shall pay to Ne City its cosv, referable Hereto. including attorney's fees. 37. nv rnivg Law and Venee. This franchise agreement ..hall be govemeJ by Ne laws of Ne State of Florida. Any anJ all legal action necessary [o enforce the Agreement will be held in Seminole County and Ne Agreement will be interpretetl necording to the laws of Florida, 38. firx~nee. The hcndings of the secdoru of th'u' Irunchim nre For purposes of convenience only and shall not he deemed to expand or limit the provisions contained in such 39. Warran(y tf Franchisee. The Franchisee reprecents and warzancz umo the Ciry Nat no officer, employee, or agent of the Ciry has any rote , either directly or indirectly, i the busivesa of Franchisee to he conducted hemuvUer. 40. Ate. The City reserves He righ[[o amend Nis ordinance in any manner necessary for the heal N, safety or welfare of [he public, and He City reserves He right, in He publle interest from time to ti o prescrbe reasonable rules and regulations gov ming Franchisee's operations hereunder. 41. Puhl'c Fnt ty Cr' nev~ No Franchisee or Convector may be a person or aff Bate identified on the Department of General Services "convicted ventlor" list This list is JelineJ as const vng of persons or aff Bates who are disqualifetl from public convecting and purchasing process because Ney have keen found guilty ofa public en[iry crime. The Franchisee is require) to comply with Floritla Stvmtes Section 28'1.133, az'amended, oc iu successor. SECTION TWO' ~ n.l' The provisions of Nis ordinentt are declare) to be separable and if any section, sentence, clause or phrase of Nis ordinance shall for any reason be nom to he m~mm o~ „nco~ d, s,a~ et eezu "or ae m. ~ceut s, senturce„ clatu'es nntl ph. pence but the gall rep n ~t~e legi w .nt ihact inu II stand ~onvitiu'tandiag the tavelidii~ a, ""^^ T ordiiianm shall lake -"--' - 1 and allot . PFSS[ ID 'LD "IHI: ~! T,. DAY OP ~,y~q,~~ I~ U. I etFavr ev,ni _ x1413 SEC~IOND nc.nlltuti: ~t:. rty~~gg3 APP 13Y T' 2 ' ~ ~U`DAY OF n~~xi IJ~U1l„ 1993. Flandu ~L' .. i ~ ~ A W[`g ftY FRAN~'.H[SGG .. uee au n,e ee„ns a~,~ eooawo~s ___day or