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MASTER AGREEMENT • 4-23-2013 <br /> Be Treatment Channel Cleaning: Cleaning the treatment channel encompasses removing all material <br /> contained on the channel bottom, whether removal is by dredging, clamshell, or any other means. . <br /> Material to be removed is not limited to sediment such as sand, mud, sift, and similar dredgable <br /> materials, but also includes and isnot limited to rocks, boulders, trash, vegetation, furniture, and all <br /> other types of trash and debris of all kinds, shapes, and sizes that may be present in the treatment <br /> channel . The treatment channel may contain captured debris of any type or size. <br /> Article 4. CONTRACT PRICE AND INVOICING PERIOD <br /> The OWNER shall pay the CONTRACTOR for all Work in accordance with the Contract price . The CONTRACTOR <br /> shall invoice upon completion of each cleaning operation . All payments shall be made in accordance with the <br /> Florida Prompt Payment Act, Florida Statutes section 218.70 et seq . <br /> Article S. VENUE <br /> This agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either <br /> party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, <br /> or in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida . <br /> Article 6. ATTACHMENTS <br /> The following are attached to and made a part of this Agreement: <br /> A. Attachment No . 1 — Technical Specifications (from County Bid Package) - 5 pages <br /> Be Attachment No . 2 — Bid Form on (from EMC, Inc.'s bid) •2 pages <br /> co Attachment No . 3 — Limits of the Work (from County Bid Package ) — I page <br /> Article 7. TERM OF AGREEMENT <br /> This Agreement shall remain in effect for a term of one ( 1 ) year ( "Initial Term" ) . The Initial <br />Term may be <br /> extended by the COUNTY for a maximum of two (2 ) additional one-year extensions, subject to satisfactory <br /> performance, CONTRACTOR acceptance, and the determination that renewal of this Agreement is in the best <br /> interest of the COUNTY. The decision to exercise an extension option to extend the Agreement shall be at the <br /> sole discretion of the COUNTY. At least ninety (90) days before the expiration of this Agreement, the COUNTY <br /> will notify the CONTRACTOR in writing of its intent to extend the Agreement. <br /> .[The remainder of this page was left blank intentionally] <br /> 2 <br /> c:\documents and settings\mmdaughlin\local settings\temporary internet flies\content.outiook\24o261xg\agreement - 423-2013.doc <br />