20-3189 Franchise 1 with WCA of Florida, LLC (putrescible)

Home Browse Search

City of Casselberry I Procurement and Contract Management Division 95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 1 procurement(cD-casselberry. org RFP -2020-0636 COMMERCIAL SOLID WASTE SERVICES AGREEMENT FOR FRONTLOAD DUMPSTER, CART, COMPACTOR AND OTHERWISE PUTRESCIBLE SOLID WASTE subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. City may employ an attorney of the City's own selection to appear and defend any such action on behalf of the City, at the expense of the Franchisee. The Franchisee further agrees to pay all reasonable expenses and attorneys' fees incurred by the City in establishing the right to indemnity. The parties recognize and acknowledge that the first $100 paid under this Agreement is consideration for this indemnification and any other indemnity given by the Franchise pursuant to this Agreement. All insurance companies must be licensed to do business in Florida with a Bests' Key Rating Guide rate of no less than A. To offset the effects of inflation and to reflect changing liability limits, all of the coverage, limits, and amounts of the insurance provided for herein are subject to reasonable increases at the end of every two (2) year period of this Agreement, applicable to the next two (2) year period or termination date of this Agreement (whichever occurs first), at the City's discretion. 24.00 Public Records (a) The parties specifically acknowledge that this Agreement is subject to the laws of the state of Florida, including without limitation Chapter 119, Florida Statutes, which generally make public all records or other writings made or received by the parties. If the Franchisee is either a "contractor" as defined in Section 119.0701(1)(a), Florida Statutes, or an "agency" as defined in Section 119.011(2), Florida Statutes, the Franchisee shall: 1. Keep and maintain all public records required by the City to perform the services herein; and 2. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S. or as otherwise provided by law; and 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement Term and following completion of the Agreement if the Franchisee does not transfer the records to the City; and 4. Upon completion of the Agreement, transfer, at no cost, to the City all public records in possession of the Franchisee or keep and maintain public records required by the City to perform the services herein. If the Franchisee transfers all public records to the City upon completion of the Agreement, the Franchisee shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Franchisee keeps and maintains public records upon completion of the Agreement, the Franchisee shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format compatible with the information technology systems of the City. (b) All requests to inspect or copy public records relating to the Agreement shall be made directly to the City. Notwithstanding any other provision of this Agreement to the contrary, failure to comply with the requirements of this paragraph shall result in g7