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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 procurem ent(a)casselberry.org <br />RFP -2020-0636 COMMERCIAL SOLID WASTE SERVICES AGREEMENT FOR FRONTLOAD <br />DUMPSTER, CART, COMPACTOR AND OTHERWISE PUTRESCIBLE SOLID WASTE <br />(a) In the event that the Franchisee is put on the scrutinized companies lists enumerated <br />in Section 287.135, Florida Statutes, or <br />(b) In the event that the Franchisee is put on the scrutinized companies list enumerated <br />in Section 215.4725, Florida Statutes, or <br />(c) If the City determines that the Franchisee falsely certified to the City that the <br />Franchisee is not listed as a scrutinized company. <br />(d) Exemptions and additional penalties shall be as set forth in Section 287.135, Florida <br />Statutes. Certification is set forth in Exhibit "C" which is attached hereto and made <br />a binding part hereof. <br />39.00 Licenses <br />The Franchisee shall, at its sole expense, procure from all governmental authorities <br />having jurisdiction over the operations of the Franchisee, including the City, all licenses, <br />certificates, permits or other authorizations which may be necessary for the conduct of <br />its operations. The Franchisee shall pay all taxes, licenses, certifications, permits and <br />examination fees and excises which may be assessed, levied, exacted, or imposed on <br />its property, on its operations, on its gross receipts, and upon this Franchise and the <br />rights and privileges granted herein and shall make all applications, reports and returns <br />required in connection therewith. <br />40.00 Worker's Compensation <br />The Franchisee shall carry, with an insurance company authorized to transact business <br />in the State of Florida, a policy that fulfills all the requirements of the Workers' <br />Compensation Act of said state, including all legal requirements for occupational <br />diseases. <br />41.00 Director to be Arbitrator For Minor Questions <br />To prevent misunderstanding and litigation, the Director of Public Works shall decide all <br />minor questions not involving a material default under this Franchise which may arise <br />concerning the quality and acceptability of the work and services performed, the <br />sufficiency of performance, the interpretation of the provisions of the Franchise, and the <br />acceptable fulfillment of the Franchise on the part of the Franchisee. Regarding those <br />minor defaults, the Director of Public Works will determine, based on a reasonable <br />interpretation of the facts, whether or not the amount, quantity, character, and quality of <br />the work performed is satisfactory, which determination shall be final, conclusive and <br />binding upon both the City and the Franchisee. The Director of Public Works shall make <br />such an explanation as may be necessary to complete, explain or make definite the <br />provisions of the Franchise, and his/her findings and conclusions shall be final and <br />binding upon both parties. <br />42.00 Inspection of Work <br />The Franchisee shall provide the Director of Public Works or designee with every <br />reasonable opportunity to ascertain whether or not the work, as performed, is in <br />accordance with the requirements of the Franchise. The Franchisee shall designate, in <br />writing, a person to serve as the liaison between the Franchisee and the City. The <br />13 <br />