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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 procurementCD_casseIberry. org
<br />RFP -2020-0628 Towing Services - Citywide
<br />SECTION 34 SEVERABILITY
<br />In the event the provisions of this Agreement are determined by a Court of competent jurisdiction to be illegal or
<br />unenforceable, then such unenforceable or unlawful provision shall be excised from this Agreement, and the
<br />remainder of this Agreement shall continue in full force and effect. Notwithstanding the foregoing, if the result of
<br />the deletion of such provision will materially and adversely affect the rights of a party, such party may choose, at
<br />its option, to terminate this Agreement in its entirety.
<br />SECTION 35 WAIVER
<br />No provision of this Agreement may be waived except by written agreement of the parties. A waiver of any
<br />provision on one occasion shall not be deemed a waiver of that provision on any subsequent occasion, unless
<br />specifically stated in writing. A waiver of any provision shall not affect or alter the remaining provisions of this
<br />Agreement.
<br />SECTION 36 NOTICES
<br />Whenever any notice, demand, or request is required pursuant to this Agreement, the notice, demand, or request
<br />will be sent by United States Mail, registered or certified; by hand delivery; or by overnight delivery, postage
<br />prepaid, to the following address of record.
<br />Owner's Representative
<br />Contractor Project Representative
<br />Procurement Manager
<br />Mark Jones, CEO
<br />City of Casselberry
<br />Courtesy Towing, Inc.
<br />95 Triplet Lake Drive
<br />1850 High Street
<br />Casselberry, Florida 32707
<br />Longwood, Florida 32750
<br />Any notice, demand, or request served on any of the Parties in the previous manner will be deemed sufficiently
<br />given for all purposes under this Agreement on the day the notices, demands, or requests are posted, postage
<br />prepaid, in the United States Mail; however, the time for response to any notice, demand, or request will
<br />commence three days after the posting or on actual receipt, whichever is earlier. Any Party will have the right to
<br />designate, from time to time by written notice to the other Parties, any other persons or other places in the United
<br />States that such Party may desire written notices to be delivered to. However, at no time will any Party be
<br />required to send more than an original and two copies of any notice, demand, or request required or permitted.
<br />Written requirements of the Agreement shall be strictly construed and such requirements are a condition
<br />precedent to pursuing any rights or remedies hereunder. No Party may claim any waiver by another Party of
<br />such notice requirements based upon such other Party having actual knowledge, implied, oral or constructive
<br />notice, lack of prejudice or any other ground as a substitute for failure of a Party to comply with the express
<br />written notice requirements herein. Electronic e-mails do not constitute effective notice under this Agreement.
<br />SECTION 37 PROJECT REPRESENTATIVES
<br />The CITY and the CONTRACTOR have identified individuals as Project Representatives, listed below, who shall
<br />have the responsibility for managing the work performed under this Agreement. The person or individual
<br />identified by the CONTRACTOR to serve as its Project Manager for this Agreement, or any replacement thereof,
<br />is subject to prior written approval and acceptance by the CITY. If the CITY or the CONTRACTOR replace their
<br />current Project Representative with another individual, an amendment to this Agreement shall not be required.
<br />The CITY will notify the CONTRACTOR, in writing, if the current CITY Project Representative is replaced by
<br />another individual.
<br />PU R -F-405 q 3/2020
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