10-2160 Agreement with Courtesy Towing for Towing, Recovery and Vehicle Storage Services

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TERMINATION FOR DEFAULT The City's Purchasing Agent or other City representative shall notify, in writing, the Contractor of deficiencies or default in the performance of its duties under the Contract, by regular mail (or otherwise) to the address provided by Contractor in its proposal. Three separate documented instances of deficiency or failure to perform in accordance with the specifications contained herein shall constitute cause for termination for default, unless specified elsewhere in the solicitation, whether or not the Contractor has received notice of those instances of deficiency. It shall be at the City's discretion whether to exercise the right to terminate. Contractor shall not be found in default for events arising due to acts of God. TERMINATION FOR CITY'S CONVENIENCE The performance of work under this contract may be terminated in accordance with this clause in whole, or from the time in part, whenever a City representative shall determine that such termination is in the best interest of the City. Any such termination shall be effected by the delivery by regular mail (or otherwise) to the address provided by successful Contractor in its bid of a Notice of Termination specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective. Upon such termination for convenience, successful Contractor shall be entitled to payment, in accordance with the payment provisions, for services rendered up to the termination date and the City shall have no other obligations to successful Contractor. Successful Contractor shall be obligated to continue performance of contract services, in accordance with this contract, until the termination date and shall have no further obligation to perform services after the termination date. PROHIBITIONS The Contractor, his/her/its employees, subcontractors, and his/her/its employees are prohibited from unlawful drug or alcohol possession and the use, manufacture, or dispensation of controlled substances while at work and while traveling to or from work. If any employee reports to work under the influence of alcohol or drugs the employee shall be immediately removed from the City premises by the Contractor. The Contractor will be held responsible for any damages, loss or extra expenses caused by delays incurred by such actions. See attached Drug Free Workplace Form. INDEMNIFICATION The successful Contractor hereby agrees to indemnify and hold harmless the City of Casselberry, and its officials, representatives, agents, officers, and employees from and against all claims for infringement of any United States Patent and all other claims, damages, losses and expenses (including without limitation costs of defending the same and attorney's fees) arising out of or resulting from the performance of the work, furnishing of services, or furnishing of materials, goods, or equipment (including but not limited to claims regarding defects in materials, goods or equipment) which is caused in whole or in part by any breach of contract, act, or omission of the successful Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The successful Contractor shall indemnify and hold harmless the City of Casselberry from and against any and all claims against the City, or any of its officials, representatives, agents, officers, and employees, by any employee of the successful Contractor or of any subcontractor. The indemnification obligation under this clause shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any Worker's Compensation Act, Disability Benefit Act, or other Employee Benefit Act. 10