20-3168 Agreement with Courtesy Towing, Inc

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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 rement(cD_ cassel berry. org RFP -2020-0628 Towing Services - Citywide SECTION 16 RIGHT TO INSPECTION A. The CITY or its affiliates shall at all times have the right to review or observe the services performed by the CONTRACTOR. B. No inspection, review, or observation shall relieve the CONTRACTOR of its responsibilities under this Agreement. SECTION 17 PROHIBITION AGAINST CONTINGENT FEES The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. SECTION 18 CORPORATE REPRESENTATIONS BY THE CONTRACTOR The CONTRACTOR hereby represents and warrants to the CITY the following: A. The CONTRACTOR is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified, licensed and authorized to carry on the functions and operations set forth in this Agreement. The CONTRACTOR agrees to provide a copy of all said licenses to the CITY prior to the execution of this Agreement. B. The undersigned representative of the CONTRACTOR has the power, authority, and legal right to execute and deliver this Agreement on behalf of the CONTRACTOR. SECTION 19 INDEPENDENT CONTRACTOR The CONTRACTOR and each sub -consultant are, and while performing the Services will continue to be, independent contractors. The CONTRACTOR shall not be an agent of the CITY, except as may be otherwise expressly provided herein, and only to the extent so provided. The CONTRACTOR's employees and sub - consultant employees are not, and while performing any of the Services, they shall not be deemed to be, employees of the CITY. SECTION 20 RELATIONSHIP OF PARTIES The relationship of the Parties under this Agreement is that of independent parties; each acting in its own best interests. Notwithstanding anything in this Agreement to the contrary, no partnership or joint venture relationship of principal and agent is established or intended hereby between or among the Parties. SECTION 21 THIRD -PARTY BENEFICIARIES The provisions of this Agreement are for the exclusive benefit of the parties and not for the benefit of any third person, nor shall this Agreement be deemed to have conferred any rights, express or implied, upon any third person unless otherwise expressly provided. SECTION 22 FORCE MAJEURE Neither party shall be considered in default in performance of its obligations hereunder to the extent that performance of such obligations, or any of them, is delayed or prevented by force majeure. Force majeure shall PU R -F-405 6 3/2020