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County Attorney Charles Vitunac advised that this is a <br />technical ordinance that might help us in future arbitration <br />hearings, we will use this new language in contracts from now on. <br />Chairman Macht opened the Public Hearing and asked if anyone <br />wished to be heard in this matter. There being none, he closed the <br />Public Hearing. <br />ON MOTION by Commissioner Eggert, SECONDED by <br />Commissioner Adams, the Board unanimously adopted <br />Ordinance 95-14, limiting the waiver of sovereign <br />immunity with respect to contracts to the express <br />written terms of the contracts. <br />ORDINANCE 95-14 <br />AN ORDINANCE OF INDIAN RIVER COUNTY, <br />FLORIDA, LIMITING THE WAIVER OF SOVEREIGN <br />IMMUNITY WITH RESPECT TO CONTRACTS TO THE <br />EXPRESS WRITTEN TERMS OF THE CONTRACTS. <br />WHEREAS, in Florida sovereign immunity is the rule rather than <br />the exception; and <br />WHEREAS, the legislature has, by general law, explicitly empowered <br />counties to enter into contracts; and <br />WHEREAS, it is in the public interest to delineate the extent to <br />which the County waives sovereign immunity with respect to contracts, <br />NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF <br />COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that: <br />SECTION 1. NEW SECTION. <br />A new Section 105.09 is added to read as follows: <br />Section 105.09. Waiver of sovereign immunity in contracts. <br />Notwithstanding any specific contractual language to the contrary, <br />in any contract executed by the Chairman of the Board of County <br />Commissioners on behalf of the County, the County shall be bound only <br />by the express written terms of the contract as originally written or as <br />expressly modified by a written document executed by the Chairman. <br />No action or demand for arbitration shall be commenced against the <br />County based on an implied covenant within the express written terms <br />of the contract or upon a provision implied by law. Failure of a party <br />to comply with the express written terms of the contract shall act as a <br />bar to any action or arbitration by said party against the County. <br />This represents the limits of waiver of sovereign immunity by the <br />County with regard to County contracts. <br />48 <br />JUNE 279 1995 Box 95 ?Auk 614 <br />