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 procurement(ab-casselberry. org RFP -2020-0636 COMMERCIAL SOLID WASTE SERVICES AGREEMENT FOR FRONTLOAD DUMPSTER, CART, COMPACTOR AND OTHERWISE PUTRESCIBLE SOLID WASTE Director of Public Works or designee may appoint qualified persons to inspect the Franchisee's operation and equipment at any reasonable time, and the Franchisee shall admit such persons to make such inspections at any reasonable time and place. 43.00 Books, Records and Audit (a) The Franchisee shall keep records of wastes collected and charges therefore, and the City shall have the right to review those records which in any way pertain to the payments due the City as well as the billing of all customers by the Franchisee. The Franchisee will be responsible for the monthly billing of the customer. (b) Franchisee shall furnish the City with an annual audit, due November 15 of each calendar year, for the service year or portion thereof ending the previous September 30. Said audit shall be prepared by an independent certified public accountant complete with the auditor's opinion, which opinion shall be acceptable to the City. The audit shall reflect the accuracy and completeness of the information provided to the City by the Franchisee with particular attention to the franchise fee. The City reserves the right to perform its own independent audit of Franchisee's books and records at all times upon reasonable notice. (c) The City may impose a fine in the amount of $50.00 a day, payable to the City by the Franchisee, for each day that the annual audit is late. 44.00 Bankruptcy or Insolvency If the Franchisee becomes insolvent and, in any event, if the Franchisee files a petition of voluntary or involuntary bankruptcy, then this Franchise shall terminate in no event later than the date of the filing of the bankruptcy petition. 45.00 Default (a) The failure on the part of the Franchisee to comply in any substantial respect with any of the provisions of this Franchise shall be grounds for a forfeiture of this Franchise, but no such forfeiture shall take effect until the City has served upon the Franchisee written notice of default, which notice shall set forth the nature and extent thereof. The Franchisee shall have thirty (30) days following the notice of default to correct the same. If the Franchisee protests the reasonableness or propriety of the City's declaration, said protest shall be served upon the City in writing within ten (10) days following receipt by the Franchisee of the City's notice of default. (b) If the City or the Franchisee cannot agree as to the reasonableness or propriety of the City's declaration of default, then the issue shall be promptly submitted to arbitration. Three arbitrators shall constitute a Board of Arbitration, one arbitrator to be selected by the City, one by the Franchisee, and one by the arbitrators so selected. The Board of Arbitration shall notify the City and the Franchisee of their determination of the reasonableness and propriety of the City's declaration of default not later than 30 days following submission of the issue to the Board. (c) The purpose of this Section is to enable the City and the Franchisee to resolve by arbitration such differences as they may be unable to resolve by mutual agreement. Nothing contained herein shall be construed to limit or restrict the legal rights and powers of the City and the Franchisee. 14