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

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City of Casselberry I Procurement and Contract Management Division 95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 1 procu reme nt(a-)-cassel berry. org RFP -2020-0636 COMMERCIAL SOLID WASTE SERVICES AGREEMENT FOR FRONTLOAD DUMPSTER, CART, COMPACTOR AND OTHERWISE PUTRESCIBLE SOLID WASTE 28.00 Compliance with all Laws The Franchisee, at its sole expense, shall comply with all laws, ordinances, judicial decisions, orders, and regulations of federal, state, county, and municipal governments, as well as their respective departments, commissions, boards, and officers, which are in effect at the time of execution of this Agreement or are adopted at any time following the execution of this Agreement. 29.00 Sovereign Immunity Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right of sovereign immunity under Section 768.28, F.S., or other limitations imposed on the City's potential liability under state or federal law. The City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City is not liable for any claim or judgment or portion thereof, to any one person for more than two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the City arising out of the same incident or occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00). This paragraph will survive termination of this Agreement. 30.00 Court Actions/Choice of Law Except as expressly prohibited by law: (a) All legal actions hereunder shall be conducted only in the circuit court in Seminole County or federal court in the Middle District of Florida; except that any final judgment may be enforced in other jurisdictions in any manner provided by law; (b) The parties unequivocally waive any right to a jury trial, and agree that all legal actions shall be tried, both as to factual and legal issues, only to the Court; and (c) The laws of the State of Florida shall govern this Agreement and the Agreement will be interpreted according to the laws of Florida. 31.00 Binding Effect This Agreement shall be binding upon and ensure to the benefit of the parties hereto, their heirs, personal representatives, successors, and/or assigns. 32.00 Assignment Except as prohibited by applicable law, neither party shall assign any or all of its benefits or executory obligations under this Agreement without the approval of the other party. 33.00 Public Entity Crimes As required by section 287.133, Florida Statutes, the Franchisee warrants that it is not on 11