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10/08/2019
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10/08/2019
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1/7/2020 12:43:31 PM
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1/7/2020 11:43:47 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
10/08/2019
Meeting Body
Board of County Commissioners
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(c) Proof of compliance with the above insurance requirements shall be provided by the <br />City to SWDD no later than fifteen (15) days prior to commencement of delivery of Biosolids for <br />disposal at the IRC Landfill, and thereafter throughout the term of this agreement, in the form of a <br />certificate of insurance, which certificate shall provide for notice to SWDD no later than thirty <br />(30) days prior to cancellation or non -renewal. Failure to do so shall allow SWDD to refuse <br />delivery until such proof is provided, reviewed and approved by SWDD. <br />Section 9. Force Majeure/Emergency. Any non-performance of the terms or conditions of this <br />agreement caused by or resulting from an event of Force Majeure (as defined below) shall not <br />constitute a violation or event of default. In addition, SWDD reserves the right to refuse to accept <br />the City's Biosolids in the event of an emergency, as determined by SWDD in its sole discretion. <br />The City shall maintain an alternative method of disposal of its Biosolids, in the event that SWDD <br />does not accept the Biosolids due to an emergency. For the purposes of this agreement, the term <br />"Force Majeure" shall mean acts of God, strikes, lockouts or other industrial disturbances, acts of <br />the public enemy, wars, blockades, explosions, insurrections, riots, epidemics, landslides, <br />lightening, earthquakes, fires, hurricanes, tropical storms, floods, tornadoes, restraints of <br />governments, civil disturbances, unavoidable breakage of machinery or equipment, enactment of <br />applicable laws prohibiting performance, and other such causes not within the reasonable control <br />of the party claiming the occurrence of an event of Force Majeure. <br />Section 10. Notices. Any notice required to be provided under this agreement shall be provided <br />to the following persons and addresses: <br />If to the City: City of Vero Beach <br />1053 20th Place <br />Post Office Box 1389 <br />Vero Beach, Florida 32961-1389 <br />Attention: City Manager <br />cc: Director, Water and Sewer Services <br />If to SWDD: Indian River County <br />Solid Waste Disposal District <br />1801 27th Street <br />Vero Beach, Florida 32960 <br />Attention: County Administrator <br />cc: Director of Utility Services <br />Section 11. Default, Remedies for Default. <br />(a) The following shall be deemed to constitute a default of the terms of this Agreement: <br />1. The failure by City to pay any amount of money due under this Agreement; <br />2. The failure by City or SWDD to comply with any other provision or condition <br />of this Agreement. <br />65 <br />
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