10-2170 Approving/Authorizing Execution of an Agreement with D&J Enterprises, Inc. for Emergency Debris Management Services

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SECTION 9. DELIVERY. All prices shall be F.O.B. Destination, Casselberry, Florida. We insist delivery dates, as specified, be met. There will be no additional charge for multiple delivery locations. SECTION 10. RESPONSIBILITES OF CONTRACTOR. Neither the CITY's review, approval or acceptance of, nor payment for any of the required services shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. CONTRACTOR shall be and always remain liable to CITY in accordance with applicable law for any and all damages to CITY caused by CONTRACTOR'S negligent or wrongful provision of any of the services provided under this Agreement. SECTION 11. TERMINATION. The CITY reserves the right to cancel the contract without cause or penalty with a minimum thirty (30) days written notice. Termination or cancellation of the contract will not relieve the CONTRACTOR of any obligations for any deliveries entered into prior to the termination of the contract (i.e. reports, statements of accounts, etc., required and not received). Termination or cancellation of the contract will not relieve the Contractor of any obligations or liabilities resulting from any acts committed by the CONTRACTOR prior to the termination of the contract. 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-egular mail (or otherwise) to the address provided by the CONTRACTOR in this Contract. 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 or this Contract, 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 fz)und 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 the City's Purchasing Agent shall determine that such termination is in the best interest of the CITY. Any such termination shall be effected by the d -,livery by regular mail (or otherwise) to the address provided by CONTRACTOR. 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, 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 CONTRACTOR. The 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. SECTION 12. AGREEMENT AND PURCHASE ORDER IN CONFLICT. Whenever the terms of this Agreement conflict with any Purchase Order issued pursuant to it, this Agreement shall prevail.