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2005-006
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2005-006
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Last modified
5/19/2017 2:33:18 PM
Creation date
10/5/2015 8:55:44 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
01/04/2005
Control Number
2005-006
Agenda Item Number
11.C.1
Entity Name
Henry Fischer & Sons
Subject
Emergency Dune Restoration IRC Post Hurricane Frances and Jeanne
Project Number
0451
Bid Number
7034
Archived Roll/Disk#
4000
Supplemental fields
SmeadsoftID
8160
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The CONTRACTOR shall provide two separate bonds; a combined Payment and <br />Performance Bond for 125% of the contract price is not an acceptable substitute. <br />Article 8. REMEDIES AND CHOICE OF LAW: <br />This Agreement shall be governed by the laws of the State of Florida. Any legal actions <br />instituted under this Agreement that are justiciable in state court shall be instituted in <br />Indian River County. Any legal actions instituted under this Agreement that are <br />justiciable in federal court shall be instituted in the Southern District of Florida. No <br />remedy herein conferred upon any party is intended to be exclusive of any other remedy <br />and each and every such remedy shall be cumulative and shall be in addition to every <br />such remedy given hereunder or now or hereafter existing at law or in equity or by <br />statute or otherwise. No single or partial exercise by any party or any right, power, or <br />remedy hereunder shall preclude any other or further exercise thereof. <br />Article 9. GENERAL PROVISIONS <br />9.1 . Independent Contractor. The parties expressly recognize that the relationship <br />between the COUNTY and CONTRACTOR is that of OWNER and independent <br />contractor, and that neither the CONTRACTOR nor any of his servants, agents, or <br />employees shall ever be considered to be an agent, servant or employee of the <br />COUNTY. <br />9.2. Pledge of Credit. The CONTRACTOR shall not pledge the COUNTY'S credit <br />or make it a guarantor of payment or surety for any Agreement, debt, obligation, <br />judgment, lien or any form of indebtedness. The CONTRACTOR further warrants <br />and represents that it has no obligation of indebtedness that would impair its ability to <br />fulfill the terms of this Agreement. <br />9.3. Counterparts. This Agreement may be executed in one or more counterparts, but <br />all such counterparts, when duly executed, shall constitute one and the same <br />Agreement. <br />9.4. Public Records. The COUNTY and the CONTRACTOR shall comply with the <br />provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with <br />this Agreement. <br />9.5. Notices. All notices, requests, demands, approvals, consents, and other <br />communications required or permitted under this Agreement shall be in writing and <br />shall be (as elected by the person giving such notice) hand delivered by messenger; <br />delivered by commercial overnight courier service; sent by facsimile/telecopier; or <br />mailed by registered or certified mail (postage prepaid) return receipt requested and <br />addressed to: <br />As to COUNTY: Jonathan Gorham, Ph.D. <br />Department: Indian River County Public Works Dept. <br />Address: 1840 25th Street <br />Vero Beach, FL 32960 <br />AGREEMENT A-4 <br />
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