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City of Casselberry I Procurement and Contract Management Division
<br />95 Triplet Lake Drive, Casselberry, Florida 32707
<br />Phone: 407-262-7700, Ext. 1142 1 procurement(a)-casselberry.org
<br />RFP -2020-0636 COMMERCIAL SOLID WASTE SERVICES AGREEMENT FOR FRONTLOAD
<br />DUMPSTER, CART, COMPACTOR AND OTHERWISE PUTRESCIBLE SOLID WASTE
<br />(e) The Franchisee shall comply with the Equal Employment Opportunity Program, the
<br />Fair Labor Standards Act, and all other applicable Federal and State Statutes
<br />pertaining to Fair Employment Practices.
<br />21.00 Employment and Compliance with Laws
<br />Compliance within laws. The right is hereby reserved for the City to adopt, in addition to
<br />the provisions herein contained and existing applicable ordinances, such additional
<br />regulations as it shall find necessary in the exercise of the police power, provided that
<br />such regulations by ordinance or otherwise shall be reasonable and not in conflict with the
<br />intended purpose of this Franchise. The Franchisee shall conduct operations under this
<br />Franchise in compliance with all applicable laws, and its failure to comply shall constitute
<br />a default hereunder. This Franchise shall not be construed to repeal or revise any existing
<br />ordinance, including Chapter 70 of the City Code, and to the extent that any provision of
<br />this Franchise is inconsistent with any existing ordinance, then such existing ordinance
<br />shall prevail and control.
<br />22.00 Performance Bond
<br />The Franchisee shall furnish to the City, on an annual basis, a Performance Bond
<br />executed by a surety authorized to do business in the State of Florida with a rating no
<br />less than A in the Best's Key Rating Guide, in the amount of $375,000.00, insuring the
<br />faithful performance of the terms of this Franchise, including but not limited to, the
<br />payment of franchise fees to the City. Surety must periodically adjust the bond amount to
<br />the Franchise.
<br />23.00 Liability/Insurance/Indemnity
<br />Franchisee agrees to purchase comprehensive public liability and property damage
<br />insurance in the amount of $1,000,000.00 per accident, event, or occurrence, naming
<br />the City as an additional insured for general liability and automobile liability insurance.
<br />The insurance policy will provide that the City shall be given fifteen (15) days' written
<br />notice prior to cancellation or modification. A copy of the said policy of insurance shall be
<br />filed with the City Clerk on or before the effective date of the Franchise. Nothing set forth
<br />in this Franchise shall be deemed to waive the City's sovereign immunity. The
<br />Franchisee shall indemnify, hold harmless, and defend the City, its agents, and
<br />employees from and against any and all liabilities, losses, claims, damages, demands,
<br />expenses or actions, either at law or in equity, including court costs and attorneys' fees,
<br />that may hereafter at any time be made or brought by anyone on account of personal
<br />injury, property damage, loss of monies, or other loss, allegedly caused or incurred, in
<br />whole or in part, as a result of any negligent, wrongful, or intentional act or omission, or
<br />based on any act of fraud or defalcation by the Franchisee, its agents, subcontractors,
<br />assigns, heirs, and employees during performance under this Franchise. The extent of
<br />this indemnification shall not be limited in any way as to the amount or types of damages
<br />or compensation payable to the City on account of any insurance limits contained in any
<br />insurance policy procured or provided in connection with this Franchise. In any and all
<br />claims against the City or any of its agents or employees by an employee of the
<br />Franchisee, any subcontractor, heir, assign, anyone directly or indirectly employed by
<br />any of them, or anyone for whose acts any of them may be liable, the indemnification
<br />obligation under this paragraph shall not be limited in any way as to the amount or type
<br />of damages, compensation or benefits payable by or for Franchisee or any
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