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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(aD-casselberry. org
<br />RFP -2020-0636 COMMERCIAL SOLID WASTE SERVICES AGREEMENT FOR FRONTLOAD
<br />DUMPSTER, CART, COMPACTOR AND OTHERWISE PUTRESCIBLE SOLID WASTE
<br />the immediate termination of the Agreement, without penalty to the City. A
<br />Franchisee who fails to provide the public records to the City within a reasonable
<br />time may be subject to penalties pursuant to Section 119.10, F.S. Further, the
<br />Franchisee shall fully indemnify and hold harmless the City, its officers, agents and
<br />employees from any liability and/or damages, including attorney's fees through any
<br />appeals, resulting from the Franchisee's failure to comply with these requirements.
<br />(c) IF THE FRANCHISEE HAS QUESTIONS REGARDING THE
<br />APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
<br />THE FRANCHISEE'S DUTY TO PROVIDE PUBLIC RECORDS
<br />RELATING TO THIS AGREEMENT, CONTACT THE CITY'S
<br />CUSTODIAN OF PUBLIC RECORDS, ATTN: DONNA G.
<br />GARDNER, CMC, CITY CLERK, AT 407-262-7700 EXT. 1133,
<br />DGARDNER@CASSELBERRY.ORG, 95 TRIPLET LAKE
<br />DRIVE, CASSELBERRY, FLORIDA 32707.
<br />25.00 Prohibition Against Contingent Fees
<br />The Franchisee warrants that it has not employed or retained any company or person,
<br />other than a bona fide employee working solely for the Franchisee, to solicit or secure this
<br />Agreement, and that it has not paid or agreed to pay any person, company, corporation,
<br />individual, or firm other than a bona fide employee working solely for the Franchisee, any
<br />fee, commission, percentage, gift, or other consideration contingent upon or resulting from
<br />the award or making of this Agreement.
<br />26.00 Independent Contractor
<br />The Franchisee and each sub -consultant are, and while performing the Services will
<br />continue to be, independent contractors. The Franchisee shall not be an agent of the City,
<br />except as may be otherwise expressly provided herein, and only to the extent so provided.
<br />The Franchisee's employees and sub -consultant employees are not, and while performing
<br />any of the Services, they shall not be deemed to be, employees of the City.
<br />27.00 Force Majeure
<br />The Franchisee will not be considered in default in performance of its obligations
<br />hereunder to the extent that performance of such obligations, or any of them, is the result
<br />of Force Majeure, including, but not be limited to, terrorism, revolution, civil insurrection,
<br />strike, emergency declaration, a pandemic or similar health crisis, or any act of God
<br />provided that the cause whether or not enumerated in this Section is beyond the control
<br />and without the fault or negligence of the Franchisee. In the event that the Franchisee
<br />fails to provide service to a commercial establishment because of any of the above
<br />conditions, then the Franchisee will have 5 days (excluding Saturdays, Sundays and
<br />holidays) to provide such service. In the event of a continuing failure beyond said period,
<br />the Franchisee will not be entitled to payment for any commercial establishment not
<br />serviced.
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