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SAMPLE AGREEMENT-4-8-2013 <br /> B. Treatment Channel Cleaning: Cleaning the treatment channel encompasses removing all material <br /> ;vm� 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, silt, and similar dredgable <br /> materials, but also includes and is not 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 /> B. Attachment No. 2—Bid Form-(from EMC, Inc.'s bid)-2 pages <br /> C. Attachment No. 3—Limits of the Work(from County Bid Package)—1 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 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 /> ,-%NW 2 <br /> f:\public works\keithm\stormwater projects\main relief canal operation\dredging sedimentation basins\contract and work orders\2013-2014 emc <br /> contract\sample agreement-4-8-2013.doc <br /> 39 <br />