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2019-132
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2019-132
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Last modified
10/8/2024 11:49:55 AM
Creation date
9/9/2019 1:42:28 PM
Metadata
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Template:
Official Documents
Official Document Type
Interlocal Agreement
Approved Date
08/13/2019
Control Number
2019-132
Agenda Item Number
13.B.
Entity Name
City of Sebastian and Emergency Services District
Subject
Interlocal Agreement for Fire Marshall Services
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INTERLOCAL AGREEMENT (Fire Inspection Services): <br />Indian River County Emergency Services District & City of Sebastian <br />Page 4 of 6 <br />company, the date the notice was picked up by the overnight letter delivery company from the <br />party giving notice. <br />SECTION 5. INDEMNIFICATION, HOLD HARMLESS <br />To the extent permitted by law and subject to the limitations of Section 768.28, Florida <br />Statutes and any subsequent revisions thereto, the City agrees to indemnify, defend and hold <br />harmless the District and respective elected officials, officers, and employees against any claim, <br />action, loss, damage, injury, liability, cost or expense, including, but not by way of limitation, <br />reasonable attorneys' fees and court costs, arising out of injury to persons, including but not limited <br />to death, or damage to property caused by, directly or indirectly, in whole or in part, the negligence <br />of the City, in connection with this Agreement. This Agreement does not provide third parties <br />with any remedy, claim, liability, reimbursement, cause of action, or other right or privilege. <br />SECTION 6. IMMUNITY. <br />Nothing contained herein or in any instruments executed pursuant to this Agreement shall <br />be construed as a waiver or attempted waiver by the District or the City of their sovereign immunity <br />as it presently exists under the Florida Constitution and the laws of the State of Florida. <br />SECTION 7. BUSINESS RELATIONSHIP. <br />The City and the District are not partners or joint ventures or agents of each other for any <br />activities pursuant to this Agreement, and no such relationship between them shall be deemed to <br />exist by virtue of this Agreement. <br />SECTION 8. CONSTRUCTION. <br />The headings of the sections of this Agreement are for the purpose of convenience only, <br />and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All <br />pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, <br />singular or plural, as the identity of the party or parties may require. The parties hereby <br />acknowledge and agree that each was properly represented by counsel and this Agreement was <br />negotiated and drafted at arm's length so that the judicial rule of construction to the effect that a <br />legal document shall be construed against the draftsperson shall be inapplicable to this Agreement. <br />SECTION 9. MERGER; MODIFICATION. <br />This Agreement incorporates and includes all prior and contemporaneous negotiations, <br />correspondence, conversations, agreements or understandings applicable to the matters contained <br />herein and the parties agree that there are no commitments, agreements, or understandings of any <br />nature whatsoever concerning the subject matter of the Agreement that are not contained in this <br />document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated <br />upon any prior or contemporaneous representations or agreements, whether oral or written, unless <br />the provisions of the parol evidence rule applies. <br />
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