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07/12/2016 (5)
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07/12/2016 (5)
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Last modified
9/29/2016 11:50:50 AM
Creation date
9/29/2016 11:50:07 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
07/12/2016
Meeting Body
Board of County Commissioners
Subject
Fellsmere Roads
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7. MAXIMUM WITHDRAWAL LIMIT& SURCHARGE <br /> The maximum withdrawal limit per transaction and ATM Consumer Fees shall be in accordance with the <br /> attached submitted Proposal Pricing Form. No other fees will be charged. <br /> 8.TERMINATION <br /> The parties agree that this agreement may be cancelled by either party with 30 days written notice. Upon <br /> removal of the ATM, the ATM Owner is not responsible for restoring the County's property to its pre- <br /> installation condition (i.e. replacing flooring), unless caused by negligence or intentional damage. <br /> 9. LIABILITY INSURANCE AND INDEMNIFICATION <br /> ATM Owner shall insure the ATM and the cash used to load it. ATM Owner shall name the County as an <br /> additional insured party under its commercial general liability insurance policy and supply the County with <br /> proof of insurance. ATM Owner shall indemnify and hold harmless the County from all suits, actions or <br /> claims including reasonable attorney's fees, of any character brought on account of any injuries or damages <br /> received or sustained by any person, persons, or property by or from the use of the ATMs or by or in <br /> consequence of any liability losses, misconduct or negligent act or omission of ATM Owner its agents or <br /> employees in connection with the operation of the ATMs. <br /> 10. ASSIGNMENT OF AGREEMENT <br /> If ATM Owner is unable to provide the services outlined in this agreement,ATM Owner has the right to assign <br /> this agreement to a third-party ATM provider approved by the County prior to the assignment date. Any <br /> assignment would be for the same terms and conditions as the original agreement. <br /> 11. VENUE <br /> This agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by <br /> either party against the other party or otherwise arising out of this agreement shall be in Indian River <br /> County; Florida, or in the event of federal jurisdiction, in the United States District Court for the Southern <br /> District of Florida. <br /> 12. ATM LOCATIONS <br /> One (1)ATM is to be located on the first floor at each of the following locations: <br /> Indian River County Indian River County <br /> Administration Building "A" Administration Building "B" <br /> 180127 th Street, Vero Beach, FL 32960 180027 1h Street, Vero Beach, FL 32960 <br /> 109 <br />
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