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2021-112
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2021-112
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Last modified
9/7/2021 12:18:34 PM
Creation date
9/7/2021 12:17:31 PM
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/17/2021
Control Number
2021-112
Agenda Item Number
8.Q.
Entity Name
iTHINK Financial Credit Union
Subject
ATM Services in the Indian River County Administrative Buildings
Area
A 1801 27th Street & B 1800 27th Street
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conditions, for two additional twelve (12) month terms. Additional terms and/or services may be <br />added to this Agreement upon satisfactory negotiation of terms between the County and ATM <br />Owner. Upon removal of the ATM, ATM Owner is not responsible for restoring the County's property <br />to its pre -installation condition (i.e. replacing flooring), unless caused by negligence or intentional <br />damage. <br />7. MAXIMUM WITHDRAWAL LIMIT & SURCHARGE <br />The maximum withdrawal limit per transaction and ATM Consumer Fees shall be in accordance with <br />the Proposal Pricing Form, attached as Exhibit 1. 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. <br />Upon removal of the ATM, the ATM Owner is not responsible for restoring the County's property to <br />its pre -installation condition (i.e. replacing flooring), unless caused by negligence or intentional <br />damage. <br />County may terminate this Contract if ATM Owner, including all wholly owned subsidiaries, majority- <br />owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to <br />have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of <br />Israel as set forth in section 215.4725, Florida Statutes. <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 <br />an additional insured party under its commercial general liability insurance policy and supply the <br />County with proof of insurance. ATM Owner shall indemnify and hold harmless the County, and its <br />officers and employees, from liabilities, damages, losses and costs, including, but not limited to, <br />reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional <br />wrongful misconduct of the ATM Owner and persons employed or utilized by the ATM Owner in the <br />performance of the Work. <br />10. ASSIGNMENT OF AGREEMENT <br />If ATM Owner is unable to provide the services outlined in this agreement, ATM Owner has the right <br />to assign this agreement to a third -party ATM provider approved by the County prior to the <br />assignment date. Any assignment would be for the same terms and conditions as the original <br />agreement. <br />11. VENUE <br />This agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought <br />by either party against the other party or otherwise arising out of this agreement shall be in Indian <br />River County, Florida, or in the event of federal jurisdiction, in the United States District Court for <br />the Southern District of Florida. <br />12. PUBLIC RECORDS COMPLIANCE <br />A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The ATM Owner <br />shall comply with Florida's Public Records Law. Specifically, the Contractor shall: <br />
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