Ordinance 93-1166ORllINANCE 93-1166
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA,
PROVIDING POR THE GRANTING OF A NON-EXCLUSIVE
FRANCHISETO Industrial FOR THE COLLECTION
OE COMMERCIAL SOLID WASTE, PTO IMPOSE CERTAIN 'PERMS,
CONDITIONS AND REQUIREMENTS RELATING THERETO;
PROVIll[NG SEVERA-ILITY, CONFLICTS AND AN EPPECTIVE
DATE.
BE IT ENACTED -Y THE CITY OF LONGWOOD, FLORIDA AS FOLLOWS:
Industrial
SECTION DNF: There is hereby granted to_ WasCe-Servic (herein called
the "Franchisee"), im suaeasors and assigns, n non exclusive right, privilege or franchise m
collect solid waste materials from commercial esxablis~hmenn within the Clry of Longwood.
Seminole County, Florida, during Ne term and subject to dre following limitations and conditions
as hereinafter set t'orth.
1. Dgfini~ii ~.
n. "City"shall mean the City of LOngwooU, Floridan municipal cotporation_
b. "Franchisee" shall mean tl[e individual, partnership or coHwrarion
who/which agrees, as hereinafter provitleU m perform the work or service, or ro furnisT materials
or equipment, or hoth as set forth in this franchise.
c. "Recovered materials means mewl,paper, glass, plank, textile. or rubber
materials that have known recycling potential, can he feasibly recycled, and have been diverteU
and source sep~erared or have seen removed kom the solid wane stteam for sale, use, or reuse
es rzw materials, whether or not dte materiaLS require subsequent processing or separation Crom
each outer, but does not include materials desanad for crag use Chet ronsdmtes disposal.
Recovered materials as described above are not solid wasre.
d. "Solid waste management" shall mean [he process by which soliU waste is
collected, transported, stored, sepawted, processed, or disposed of In any other way, according
to an orderly, pwposeful, end planndi program which includes closure and long-term
e. "Solid waste management facility" shall mean any solid waste disposal
area, volume reduction plant, v'aw'fer swoon, maarinls recovery fvciliry, or other facility, Ne
purpose of which is resource recovery or the dispoul, recycling, processing, or norage of solid
waste. The term does not include recovered materials processing facilities which meet llte
requirements of ~S s. 4-03.]046(4) except the portion of fncilitles. if any, that is used f°r Na
m nagemen[ of lire m paging sic.l solid waste.
f. "Solid waste' shell mean sludge unregulatetl under the federal clean water
act or clean air act, sludge from n waste treatment works', water supply teatment plant, or air
pollution control facility, or includes garbage, rubbish, refuse, special waste, or other discarded
material, including solid, liquid, semisolid, of contained gaseous material resulting from
domutrc. indusrrial, commercial, mining, agricultural, or gov rnmenrel opereuovs. Rewvered
materials as defined in FS s.403 ]03('n ate not wlid waste.
g. "Commercial establishment" means n property or properties zoned or used
for commercial or lnduso-ial uses, or used by an cndry exempt from uxation onder s. SOI(c)(3)
of Ne internal Revenua Code, end excludes property or properties zoned or used fnr single-
family residential or multifamily residential uses.
h. "COnsrnction and demolition debris"means materials generally consitleretl
w be not water soluble and nonhazardous in nature, including, but not limited to, steel glass.
brick, cotter asPhelt roofing material, pipe, gypsum wallboard, end lumber, from Ne
wnstrucnon or destruction of a sbvetvre as part of a eonsvuetion of demolition project, and
including rockx, suits, tree remains, tree, and othet vegeutive matter which normally remits
from land clearing or land development operations fur a construction Droject inclutling such
debris from conmvuion of a'trvuures at a site remote from Ne conmuction or demolidon pt jea
site. Mixing of conswetion and demolition debris with oNer types of solid waste, including
material from a cunswcuon of demolition cite which is not from Ne actual consovenon or
destruction of a swemre, will cause i[ m be clarified as other than eonsvuction antl demolition
debris.
t. "Container"shall mean any portable, nonabsorbent encloscU Container wiN
a close fitting cover, or doors, approved by Ne Hea1N Department and the City. which is used
to store largo volumes of refuse. It must be capable of being serviced by mechanical equipment.
j. "Special Waste" means solid wastes that cno require special handling and
management, Inclutling, but not limited to, white goods, waste tires, used oil, lead-acid barte~es.
constnetton and demolidon debris, ash residue, yard trash, and biological wales.
k. "Biomedical waste" means any solid waste oc liquid waste which may
preaent a threat of intecnon to humans. The term incluUes, hm is nut limited m, nonliyuid
human tissue and body parts; laborumry and veterinary waste whim wntain human-0iseasc
nosing agenu'; disraNeJ disposable sharps; human bloutl, and human blood productt enU
body Fluitl; and other materials which in the opinion of the department of HeaIN and
Rehabilimbve Servmc, represent a significant risk of infection to persons outside Ne gen r ring
facility. The term does not include Human remains Na[ are disposed of by persons licensed
under chaptu 4J0.
I. "Diomedical waste generator" means a facility or person Nnt produces of
generates biometlieal wmta. The term includes, but ix not limited to, hosTiula, skilleU nursing
or convalescent nns-iwlx, intermediate care famhnex, chairs, dialyxix amirx, dental ofeces,
healN maintenance urganiaaliuvs, surgical clinics, medical buildings, physicians' utfices.
laboratones, vetennary clinics, anU funeral homes.
m. "Biological wane" means mild waste that noses or has Ne capability oP
ceasing disease or infecoun and includes, nut is not limited to, biomedical we disease) or
deal animals, anJ other wastes capable of transmitting pathogen to humans or animals. The
term does not include human remains Nat are disposed of by persons licensed under chapter 4J0.
n. "Materials recovery facility"meansasolid waste management facility Nat
provitles for Ne extracdon from solid waste of recyclable materials, materiels suirable for use
as a fuel of sail amendment, or any eombinevoo of such materielx.
o. "ftec ered materials proce sing facility" means a facility engaged solely
in Ne sturege, proce sing, resale, or reuse of reeevored materials. Ssch a facility is nut a solid
waste management facility if it meets Ne conditions of FS s. a03: /045(1)(f).
p. "Ash Residue "has the same meaning as Ne term is Defined in Ne
department rule on solid waste mmburton' which delines such term.
y. "PelletizeU paper waste''meanspellen'produced exclusively from discarded
paper which is derived from a solid waste m nagement facility or a recovered materials
processing faellty end which is shredUed, exo-uded, or formulated into compact pelleCx of various
sties for Ne use es svspplementnl fuel iv permitted boilers other than westatu-energy facilities.
The use of such pellets as a supplemental fuel iv permirted boile[s odrer Nan waste-tocnergy
fecilides may be used by local govemmeota a~ ereaiss toward the goals for reAUCtlon of solid
waste pursxev[ to FS s. 403.~06(4)(B).
r. "$00[e reparated"means Ne recovered materials are sepaated from solid
wctte where the recovered materiels and solid whee are generated. The term does not require
that various rypes of rewvered materials be separated Crom each other and recognizes de minimis
solid waste, N accordance with industry sUndards and practices, may be included in Ne
recovered materials.
s. "City"shall mean the City of Longwood, Florida,amunicipxl corporation.
2. Term.
a. The[erm of Nis franchise shall terminate on SPOtm~,1994 following
Ne effective date hereof provided, however, Ne City reserves Ne right ro terminate the same
prior thereto if the Franchisee Uefanitt in any one of Ne terms and condidons herein specifed.
b. On Q~gp;r E, 1994, this Franchise shall be automatically extended for an
aUUidonel term g[pU9ypyr: expiring Ne following Sen ember 30 1995 provided the F'ranenisee
shall make application for saitl extension at lean 3D days prior to its termination. No fuller
extensions shall be grnnted without City Commission approval.
3. Sxfyjcec Prov ded by Franeksyg;
a. Franchisee(s) shall provide Commercial Solid Wane Collecdov Services
in the City of tungwood, which shall be an exclusiv right to the Franchisee(s). The Convaaor
shall be responsible for billing and collection of Commercial Solid Waste Collection services and
disposal cosh.
a. Unau nni;aed serv re
a. No oNor persov or entity except the Ftanchixee(s) may offer or provitle
Commercial Solid Waste Collection Service in the City of LongwoW. No commercial
establishment within Ne City shall utilize the services ofa collector not holdinga franchise from
Ne City. Violations of Nis section shall be evforced by the City by legal ecnon seekivg
injunctive relief and damages.
c. Minimum Service: The Franchisee shall make nt leazt two (2) weekly
collections at all commercial establishmenU subject to the terms of this ordinance and at
sufficient aUditional intervals nece'ury to perform adequate services and to protect Ne
envnonment, unless otherwise approved in advarce by Ne City, provided however, where Ne
refuse is exclusively non-pu[rescible in nature, once weekly collections are permitted.
5. Francl'=e Prnce v Pee- A fee of ffty dollars (SSQ.00) shall be charged for
each franchise appliention m cover associated administrative vests.
G. unur=. Collections shall be made between 6:OD a. m. and G:DO p. m. unless
tlifferent limes are approved by the Ciry.
'/. I; tter. The Franchisee shall not litter premises in Ne process of making
collections and shall promptly Dick up all papers, material or debris Nat may he scattered about
Ne conmtner. Franchisee shall collect all material shat has heen placed in or about its containers
unless otherwise directed by Ne Ciry.
8. il~ a atron rf Mnrnved Conm her.. Containers used for collection of solid
wane from commercial establishments shall be standard manufactured-type mechanically served
conu~ners, compatihle wiN Ne private com menial collector's servicing equipment. Conainers
shall be placed at locations readily accessible to finnchisae's personnel, Conminers shell be
located upon pmate property unless Ne use of public property is approved by Ne Ciry.
Violations of Nis section shall consttmte a breach and default of Nis agreement. The type of
conNrnu used, or the location ]hereof, may vary fiom Ne provisions of Nis section if approved
in writing by Ne City of Longwood, Florida.
9, ecovered Material..
a. Reuwared moterials genermeU at commercial establLshmentt must be source
separated at Na premises of Ne commercial establishmGtt prior to collection by a properly
certified recovered materials dealer.
1D. a c ~= Mater als. Collecoon of special end harzrdoas materials shall be in
stria[ compliance wiN all fedeal, sate, and local laws and regulations. Said materials shall be
storetl and placed in a manner approved by Ne appropriate regulatory agency,i.e. FDF.R, U.S.
EPA, etc., and Ne City of Longwood.
1 I. Cnllui on Eai om t.
a. The Franchisee shall provide an adeyua a number of vehicles for regular
collection services. They shall he kept in good repair, appearance. and in a sanitary 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 I>eight on Ne rear end each
side. b. Franchisee shall certify to Ne City upon the commencement of each
franchise year the description and quantity of'vehirJes and equipment on hand and available fur
regular wllection services anJ backup in the event of any hreakdowns.
~. Each Jumpswr shall be systematically marked, inn manner approved by
the Ciry w identify its capacity in yardage, schedule) tlate of pickup and its "dumpster number"
i.e., 6, MWF, 452 would be a six (6) yarJ dnmpster, to ba picked up Monday, WWnesday entl
Friday and it would be dumpster number 452. Stich markings shall be amended to provide such
other ioformauon es Ne City may require Promptly upon r ceipt of a nonce from the Cry
reyviring a change of container markings.
12. Dffce. The Franchisee shall eswblish and maintain a local office or such other
facilities Nrough which it can be eonmewd, where service may be applied (or. and complaints
can be made. It shall be egnipPed with wFllcient telephones, shall have one (1)
responsible person in charge dwing collection hours anJ shall be open During collecion
hours.
J3. HauFne. All solid waste hauled by the Franchisee .shall be so contained, or
enclosed that leaking, spilling or blowing are preventeJ. In the event of any spillage, leaking,
or blowing of materiels from wck, the Franchisee shall immediately clean up the wu[e.
14. pjtposal. All solid waste for disposal shall be hauled to FDER approved sites or
f'acilitiaa legally approved to accept it for Treatment or disposal, All recoveretl materials must
be prucuseJ ata cer[ifieJ recovered materials processing faeiliry.
15. Charges antl Rates. All charges and rates for the commercial collection of garbage
shall be set by the Pranchisee in negotiation wiN the commercial establishment requiring Ne
service. Rates and charges shall not be set by the Ciry.
16. &; ~~.
a. For Ne privilege of collecting solid waste from commercial esublishmenrs
within the City, secnring a franchise from the City and for Ne use of the City sweets, the
franchised collector ebail pny to Ne Ciry, a sum equal to ten percent (10%) of the gro s revenue
Gom ell sources related to the frenchlsee's'operauons In Ne Ciry, inclutling fees. charges, rental
of equipmen4 anJ fundb' pald outside Ne Ciry £or has ling marerinis fmm the City. Paymen[m
the City shall be made four (4) times per year, on March I5, June I5, September 15. and
December I5, for three (3) full months immediately preceding payment, except the fin payment
if the Fim period is less than three months, in which case payment shall be prorated. Such fees
shall not include Fees generated from Ne collecdon of rewvered ntmeriaLS.
b. Franchisee, in farther consideration of the franetiue, shall make its financial
records available m Ne CIry In accordance sviN procetlures established from rime to time by the
City- The fees paid pursuant m Nis Section shall not be adtled as a separate item on the
customer s mlleetion hilts, but rather shall be considerW u an operational expevse-
c. All payments shall be due on the fkeenth(ISth)of the month Following the manN
of service. Any and all payments nut paid by Ne ISN of the month fallowing Ne monN of
service shall bear imeren at the rate o[ 18% per annum from the flrsy (ISt) of the monN
following the month of service.
17. Disenntin ie e m Del'nquent Acenunt .
a. Tna Franemaee may eiyconttnae ~erv~ae to a eommerefal wmnhsnmem a:
set Corti in Nis section. Commercial establishments which have nut remitted required paymenrs
within ffleen (15) days after die date of billing shell be oo[ifetl. Said notification shell contain
a statement Nat service may be discomtinuetl fifteen (15) days from the date of notice if payment
u not made befive Nat time. In Ne event Ne Runchisea intends to discontinue a delivyue t
account i[ snail so notify Ne City ar least fkeen (IS) days poor to Ne tan day of collection.
Upon payment of the delimyuent fees, Ne Franchisee shall resume collection on Ne next regularly
scheduled collection day.
18. Q{ppp5. On Ne twenty-ffN (25N) day of the monN following Ne monN of
service hereunder Ne Franchisee shall provide Ne Ciry with a report. Said report shall be in a
form, eiNer hard copy, computer disk (compatible wiN Ne City's wmputers) or otherwise
aatisfacmry to the City. The report shall include such information as the Ciry may reasonably
require so as to evsom proper refusz service by all commercial establishmen¢ wihin the Ciry
avd so es to ensum Franchisee's wmDlidvice wiN Na tarter antl wnditions of this report. Unless
otherwise directed by Ne Ciry's Director of Public Works, each report shall contain as a
(I j Castomei t Otility Number (Assigned by Ne City)
(2) Curtomer's Business Neme
(-4) Customer's 6usineas Address
(4) Customer's Telephone Numher
(5) Container(s) Number (s)
(6) Conminer(s) Capacity
(S) Pick-up Sehedule_for Conwiners and Compactors
(9) Number of Pick-ups for all Containers and Compactors
(10) FYaochisee Fee
This repott shall be submitted no later than the twenty-liClli (25th) of Ne month following Ne
month of service, covering all activities dining the month of service, w the Uirtttor of Public
Works.
19. Ggtup7aipt~. All complaints shall be resolved by franchisee wiNin twenty-four
(24) hours. The Franchisee shall supply Ne City with copies of all complaints on a form
approveU by the City and indicate the disposition of each emnplalur. Such recorUS shall he
availeFle for City inspcnion at all rimes during business hours. The form shall indi¢arethe day
and hour on which the eomplalnt was received ano the day a~J hour on which it was resolved-
the name of Ne complainxnr, Ne nature of [he complaint and the manner of resolution. When
e complaint a rueivenl on Ne dxy preceding a holiday or on a Saturday, it shall be serviced on
the next working day.
20. Nn 'fear The Franchisee shall noU ly all customers about complaint
procedures, regulatio s, antl days of collection.
21. enchi=¢¢. Percnnnel.
a. The Franchisee shall assign a qualifetl person or persons to be in charge
of his operations in the City antl shall give the name or names ro Ne City; information regarding
experience shall eLw be famishul.
b. Franchisee s collechon employees shall wear a clean uniform bearing the
company's name.
e. Faeh employee shall, vt all times, carry a valid operator :s license for Ure
type of vehicle he is driving.
d. The Ciry may request [he Dismissal or appropriate discipline of xny
employee of the Franchisee who violates any provision hereof or who is wanton. negligen. or
discourteous in the performance of his duties.
e. The Franchisee shall provitleoperating and celery veining for all pen'onnel
and shall certify same w the City annually upon renewal of Nis Franchise. Such eertifmtion
shell identify all employees employed iv Longwood, Neirjob deserlptlon and Ne namreand type
of training given said employres.
f. The Franchisee shall comply with Ne Equal Employment Opportunity
Program, Ne Pair labor Standards Act and all other aDPlicnble Federal and State Smmtex
pertaining to Fair Employment practices.
22. Fiauchiue_Fgyipiuen{.
a. All WCks oroNer veltielesnpwated by the Franchisee in Ne Ciry shall be
subject to, and shall immediately submit to spot, on Ne road inspections by Ne City or its agent
and if taunU to be unsafe, said vehicle shall be immediately removed from service until it un
be repaired and is successfully reinspected.
h. The use of vehicles failing to mew sunUarUS after insputiovs may be
grounds for cavicelletiov of Ne franchise by the Ciry Commis o , if found after vouee to the
Fanchisee and en oppottuniry [o be heard, to be Hagrant or repeated in nature.
23. CCmm~l'ance w thjd~v5. The right is hereby reserved for Ne Ciry to adapt, in
addition [o Ne provisions herein conumed and existing epplirxble ordinances, such additional
regulations as tt shall fvd n scary in the exercise of the police pow c, provided that such
regulations by ordinance or otherwise shall tx reasonable and not in conflict wiN Ne imended
purpose of Nis ordinanw. The Pranehlsee shall conduct operations under this ordinance in
compliance wiN all applicable laws end its failure to comply shat l constitute a default hereunde[_
This franchise shall not be eonstrurd to repeal or revise any existing ordinmce and to the extern
Nat any provision of Nis franchisz is inconsistent with any existlng odinance. they sveJt existing
ordinance shall prevail and wntrol.
24. Pa: men enntl. The Franchisee shall furnish to Ne Ciry aPayment Bond executed
by a survey licensed and auNOrized to do business in Ne Stare of Florida in Ne amoum of
$100,008.00 insuring Ne faiNful payment and performance of the terms of this ordinance and
executed by a surety company. Said Payment BoaU is in an amoum deemed by the Ciry and Ne
Franchisee to be reasomble end necessaryto enable Ne City to ensure all franchise lees due and
Payable hereunder and paid as and when due.
25. 7,yTFyljly. The privileges herein granted are upon Ne express conditions Het Ne
Franchisee shall he liable for all damages or injury to Persons or Property caused by ics neglen
or mismanagement, or by the actions of any of 'ita employees while engaged in Ne operations
heein authorized, or for any actions or Proceedings hrought as a resrilt of Ne award of Nis
franchise to Franchisee, to speelfienlly include but nut he limited to Anti-rcurt actions or
proceedings. Should Ne City of Longwood be sued Herefor, Ne Franchisee shall be notified
of such suit, and Hereupon it shell be its duty to defend He suit or at Ne City's option ro pay
Ne legal fees of the City's attorney to defend the shit and should judgment go against Ne Ciry
in any such case, Franchisee shall forthwith pay Ne same. The Franchisee shall indemnify and
ve harmless Ne Ciry, Its agents, officers and employees from any judgmenu recovered by
anyone far personal inlury, death or Property damage sustained by reason of any of Ne
Franchisee's activities permitted by His franchise or for any actions or proceedings brought as
a result of He award of this franchise to Franchisee, to sPecifcally include but not limited to
Anti-dust actions or proceedings, and shall Pay all expenses, including costs and adomey's fees.
in defending agnivt any rvch claim made ngvinst He City or any of [he City's agents, officers
or employees. Franchisee furcher agree to purchase comprehensive public liability and property
damage i surunce m the amount of 55,000,000 per accident, event or occurteme. naming Ne
City as an additional insured to Ne extent of its rights againrt Franchisee arising by virtue of Nis
secvon. The insurance Policy will provide that Ne City shall be given Nirry (30) days written
nouee Prior to cancellation or motliflenliov. A coDY of said policy of insurance shall be ftetl
wiN Ne City Clerk on or before He effective date of His franchise.
26. i~tCCPSCa. The Franchisee shall, at its sole expense, procure from all governmental
nudtonaes having jurisdiction over Ne operatioas of Ne Franchisee, ncluding Ne Ciry, all
licenses, ceitificares, permits or other auNOriiadon which may be necessary for Ne condun of
its operadons. Tae Franchisee shall pay ell hues, license, certificatlov, Fermi[and examivadon
fees and excises wNCh may be assesred, levied, exacted or imposed on its property, on its
operations, o u gross ceiPts, and upon Nis fanchise and Ne rights and prnileges granted
hereto, and shall make all applications, reports xnd remms required in connecdon NerewiN.
2]. W k "C ~n .The Franeliise shall carry. with an insuanr'e company
authorized m trvnsae[ business in He Slate of Floritla, a policy that fullills all the requiremenw
of the Worker's Compensation Act of said Swte, including vll legal requirements for oeeupadonal
diseases.
28. Aysi~n apt. No ssignment of franchise or any right oceumvg uvder this
ordinance shall be made in whole or in part by the Franchisee without the express written consent
of the City and the cusm , in He event of any assignme t, the assigne end Ne assignor shall
both be liable under He Franchise.
29. Bo ks Records and Audt.
a. The Franchisee shall keep records of wastes collected and charges Nerefor.
and the City shall have Ne right to review Nose records which in any way penain ro the
payments due It as well as' Ne billing of all cusmmus by [he Franchisee. If disposal facilities
are operated by the Cty, records of Incoming wastes shell be malnwined by the Clty. The
Pranchisee will be responsible for Ne monNly billing of dtc cuMOmer.
b. Franchisee shall famish the Ciry with an annual audit. due on November
IS of each calendar year, for the service year or portion Hereof ending He previous ~ tr.mh r
39th. Said auUit shall be prepared ny an independent ceniRed public accuunwm complew wiN
creditor's opinion which opinion shall be subject to acceptance or rejection by Ne Ciry. The
audit shall relleet the accuaey and eomDleteness of ehe information provided He City by Ute
Franchisee including deviled daw and computation wnceming He franchise tee.
30. H krupt4y I Iv _. IFHe Franchisee becomes insolvent and in any event
if He Franchisee files a pennon of volunvry or mvolunwry bankruptcy, then Nis fi'anchise shall
terminate in no event later Than Ne date of Rling of the benktvptcY pen[iom
31. Default.
a. The failure on the pan of Ne Franchisee to comply in any substantial
respee wiN any of He provisions of Nis ordinance shall he grounds for a forfeiture of Nis
franchise, but no such forfeiture shall take effect until He Ciry has served upon He Franchisee
wnhen nohce of tlefxult, which notice shall set foM the nature and extent Hereof. If a tlefault
can be corrected, Ne Pranchisee shall have shiny (30) days fllowing He nonce of default to
correct the same. [f He Franchisee protens Ne reazonableness or pmptietY of He City s
deelarauo , s„ia pro rst snau be sin eed anon me cry m wr~eng .vhhin ren oo> days fouewmg
receipt by We Franchisee of the City's notice.
b. IF Ne C,ity and the Franchisee cannot agree as to the reasonableness or
propriety of Ne City's declaration of default, then Nc issue shall be promptly submiaed to
binding arbitration. Three quulifed arbio-emrs shall conshture a 13oerd of Arbitation, one
arbitrator to be selected by Ne City, one by the Franchisee and one by the arbivators so selecmd_
The Board of Arbivators shall notify the City and the Franchisee of their tlemrminedon of Ne
reasonableness and propriety of Ne City's declaration of default not late than thirty (30) days
Following submission of Ne iasre to Ne Roard. Arbitration shall be pursuant ro the Florida
Arbitration Code, Chapter G82, Florida Statutes.
c The purpose of Nis renioa is m enable Ne Ciry and the Franchisee to
resolve by arbib'ation such differences as Nay may he unable to resolve by mutual agreemene.
Nothing contained herein shall he construed N limit or restrict Ne legal rights and powers of the
City or the Franchisee.
32. R;h k ~I' f The failure of the Ciry a any dine ro reyuire
performance by the Franchisee of any provisions hereof shell in no way affect the right o! Ne
City thereafter ro enforce same. Nor shell waiver by the City o(any breach of any provisions
hereof he wken or held to be a waiver of any succeeding breach of such provision or as a waiver
o(any provision itself.
33. fndepen lent Convenor. It is hereby understood and agreetl Ner Ne Franchisee
m en independent contractor antl not an agent of Ne Clty.
34. Mod feat on. This franchise constitutes the enure agreement antl understanding
behveen the parties hereto, and it shell not be considered moditieJ, altered, change4 or amended
in any respec unless iu wr ring and signed by the Darttes hereto, and adopteU as an amending
franchise ordinance.
35. N9[is.€. As reyuireq for any purpose in Nis franchisq notice shall be addressed
and sent by certified United States mail to Ne Ciry and Ne Franchisee as follows:
CITY: Geri Zambri, Ciry Clerk
tungwoad, FI. 32'!50
FRANCHISEE:
36. . emed'ea Atto nay'. Fees and (n~t~. All remedies proviJed in Nis franchise
shall he deemed cumulative avd additional and not in lieu of m exclusive of each other or of any
oNer remedy available to Ne City at law or in equity. In rite event Ne City shell prevail in any
ecuon ertsing hereunder, Pravchisee shall pay w Ne Ciry i[ cons, referable Nerew, Including
avorney~a face.
3]. Gnvern nq Law anJ Venr e~This franchise agreement shall be governed by Ne
laws of Ne Sute of Florida. Any antl all legal action necessary to evforce the Agreement will
be held iv Seminole County and the Agreement will he interpreted according to [he laws of
Florida.
38. f~y9g5. The headings of'the sections of this franchise are for purposes of
convenience ovly and shall not be deemed to expand or limit Ne provulons conuined in such
39. W~ ~ p~ f F h' The Franchisee reprea'ents and warrants unto Ne Ciry
that no officer, employee, or agen[of Na City has any interest, eiNu directly or indireNy. in
Ne business of franchisee to he conducted hereunder.
40. Am;ptlm~ri[. The Clty ruerves Ne right to amend this oiilinance iv any manner
necessary for Ne healN, safety or welfare of Ne public, anJ Ne City reserves Ne riglt[, in Ne
public interest from time to b e, to Prescribe reasonable rules entl regulations governing
Franchisee's operaUOns hereunder.
41. Publ c Fn _ry Crim ~ No Franchisee or Convector may he a person or aff Iia[e
identified on the Department of General Services "convicted ventlor" list. This list is deFlVed
es coast ring of persons or aff liates whu are Uisquali(ieU from public eov[racting and purchasing
process because Nay have been found guilty ofa public entity crime. The Franehisceis require)
to comply wiN Florida Smmms Seelion 28].133, v amendul, or Io successor_
$E(TIGN TWO' Sew: The provisions of Nis ordinance arc declared to be
separable and if any secvon, sentence, clause or phase of this ordinance shall for any reason be
nem to ne in~aea or nneonxammnal, ,ncn aea,;on rnan nol arrerl me vardiry of me remammg
sectio oleo e, clunses and phrases of this ordinance but they shall remain in effect, i[being
Wre legislativ¢ inlenl Ihut this ordinance mall stand notwid~slanding Ne iovalidty of any part.
SECTION THREE' Effect ve Dale. This ordinance shall Take effect nn lanuarY 1~99~aad~
upon accepwnce by the Franchisee.
PASSED AND ADOPTGD'1'HIS o1O~ DAY OF A.D. 1993.
FIRST READING: ~od /~1199'>
SECOND READING: ~:_M~.
APPROVED A1~ d~ DAY OF 1993.
MAYOR o~~f the Ciry of Longwowl, Florida
ATTEST:
Ciry C~____~~~~
Appmvetl as to form and legality
for use antl reliance upon by Ne
City of InnBwarul, Florida.
///%
A~T
ACCEPTANCE RY FRANCHISEE
The foregoing ordinance anJ Ne franchise provided for Nerein and all Ne terms and conditions
Nepeof arty hereby accepted, approved and agreed m Nis 30 cIr day of
1993.
FRANCHISEE:
1 ^/e
Uv:v 1aC_LV'w
Presden,