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10/15/2019
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10/15/2019
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Last modified
12/31/2019 2:37:16 PM
Creation date
12/13/2019 10:36:19 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
10/15/2019
Meeting Body
Board of County Commissioners
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16. CIVIL RIGHTS. Pursuant to chapter 760, Fla. Stat., Recipient shall not discriminate against any <br />employee or applicant for employment because of race, color, religion, sex, or national origin, age, <br />handicap, or marital status. <br />17. DISPUTE RESOLUTION. Recipient is under a duty to seek clarification and resolution of any <br />issue, discrepancy, or dispute involving performance of this Agreement by submitting a written <br />statement to the Council's Project Manager no later than ten (10) business days after the <br />precipitating event. If not resolved by the Project Manager, the Project Manager shall forward the <br />request to the Council's General Counsel, which shall issue a written decision within ten (10) <br />business days of receipt. This determination shall constitute final action of the Council and shall <br />then be subject to judicial review upon completion of the Project. <br />18. DIVERSITY REPORTING. The Council is committed to the opportunity for diversity in the <br />performance of all cost-sharing agreements and encourages Recipient to make a good faith effort <br />to ensure that women and minority-owned business enterprises (W/MBE) are given the opportunity <br />for maximum participation as contractors. The Council will assist Recipient by sharing information <br />on W/MBEs. Recipient shall provide with each invoice a report describing: (1) the company names <br />for all W/MBEs; (2) the type of minority, and (3) the amounts spent with each during the invoicing <br />period. The report will also denote if there were no W/MBE expenditures. <br />19. GOVERNING LAW, VENUE, ATTORNEY'S FEES, WAIVER OF RIGHT TO JURY <br />TRIAL. This Agreement shall be construed according to the laws of Florida and shall not be <br />construed more strictly against one party than against the other because it may have been drafted <br />by one of the parties. As used herein, "shall" is always mandatory. In the event of any legal <br />proceedings arising from or related to this Agreement: (1) venue for any state or federal legal <br />proceedings shall be in Indian River County; (2) each party shall bear its own attorney's fees, <br />including appeals; (3) for civil proceedings, the parties hereby consent to trial by the court and <br />waive the right to jury trial. <br />20. INDEPENDENT ENTITIES. The parties to this Agreement, their employees and agents, are <br />independent entities and not employees or agents of each other. Nothing in this Agreement shall <br />be interpreted to establish any relationship other than that of independent entities during and after <br />the term of this Agreement. Recipient is not a contractor of the Council. The Council is providing <br />cost -share funding to assist Recipient in accomplishing the Project. Recipient is solely responsible <br />for accomplishing the Project and directs the means and methods by which the Project is <br />accomplished. Recipient is solely responsible for compliance with all labor and tax laws pertaining <br />to Recipient, its officers, agents, and employees. <br />21. INTEREST OF RECIPIENT. Recipient certifies that no officer, agent, or employee of the <br />Council has any material interest, as defined in chapter 112, Fla. Stat., either directly or indirectly, <br />in the business of Recipient to be conducted hereby, and that no such person shall have any such <br />interest at any time during the term of this Agreement. <br />22. NON -LOBBYING. Pursuant to section 216.347, Fla. Stat., as amended, Recipient agrees that funds <br />received from the Council under this Agreement shall not be used for the purpose of lobbying the <br />Legislature or any other state agency. <br />23. PERMITS. Recipient shall comply with all applicable federal, state and local laws and regulations <br />in implementing the Project and shall include this requirement in all subcontracts pertaining to the <br />Project. Recipient shall obtain any and all governmental permits necessary to implement the Project. <br />28 <br />
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