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ORD-2022-008-LifeStar Emergency Services 2023-LLC, d-b-a- LifeStar Emergency Service Franchise Ordiance
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ORD-2022-008-LifeStar Emergency Services 2023-LLC, d-b-a- LifeStar Emergency Service Franchise Ordiance
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Last modified
4/27/2022 9:48:28 AM
Creation date
4/27/2022 9:46:37 AM
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BOCC
Date
4/26/2022
Meeting Type
Business
Document Type
Ordinance
Agenda Item
8-d
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Agenda 04-26-22; 8-d - Second Reading - Emergency Services Franchise by Ordinance – LifeStar Emergency Services - 2023, LLC
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\Board of County Commissioners\BOCC Agendas\2020's\2022\Agenda - 04-26-2022 Business Meeting
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If any section, subsection, sentence , clause, phrase , or other portion of this Franchise is , <br /> for any reason, declared invalid, in whole or in part, by any court, agency, commission, <br /> legislative body, or other authority of competent jurisdiction, such portion shall be <br /> deemed a separate, distinct and independent portion . Such declaration shall not affect the <br /> validity of the remaining portions hereof, which other portions shall continue in full force <br /> and effect . <br /> Section 20 . Reservation of Rights <br /> Notwithstanding any other provision of the Franchise , Grantor and Grantee reserve all <br /> rights that they may possess under the law unless expressly waived herein . Nothing <br /> herein shall constitute a waiver of rights of either party, provided, however, that both <br /> parties warrant and represent that, as of the effective date of the Franchise , they are not <br /> aware of any provision in the Franchise that is contrary to applicable law. <br /> Section 21 . Penalties and Remedies <br /> a . A violation of any provision of this Franchise Ordinance or other failure of <br /> the Grantee to abide by the provisions of this Franchise shall subject the <br /> Grantee to a civil penalty of five hundred ($ 500) dollars . If Grantee fails <br /> to pay this penalty within ten ( 10) days after being cited for a violation, <br /> the Grantor may seek to recover the penalty by filing a civil action in the <br /> nature of a debt . <br /> b . A violation of any provision of this Franchise Ordinance by the Grantee <br /> shall constitute a misdemeanor, punishable as provided in N . C : Gen . State <br /> § 14 -4 . <br /> c . The Grantor may seek to enforce this Franchise Ordinance through any <br /> appropriate equitable action . <br /> d . Each day that a violation continues of this Franchise Ordinance after the <br /> Grantee has been notified of the violation shall constitute a separate <br /> offense . <br /> e . The Grantor may seek to enforce this Franchise Ordinance by using any <br /> one or any combination of the foregoing remedies . <br /> Section 22 . Non- discrimination <br /> The Grantee shall at all times remain in compliance with all applicable local , state , and <br /> federal laws , rules and regulations including but not limited to all state and federal non- <br /> discrimination laws , policies , rules , and regulations and the Orange County Non- <br /> Discrimination Policy and Orange County Living Wage Policy (each policy is <br /> incorporated herein by reference and may be viewed at <br /> http : //www . orangecountync . ,gov/departments/purchasing division/contracts . php . ) Any <br /> LifeStar Emergency Services — 2023 , LLC d/b/a LifeStar Emergency Services EMS <br /> Franchise Agreement <br /> Page 18 of 22 Rev . <br />
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