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1999-140
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1999-140
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Last modified
8/7/2023 12:53:29 PM
Creation date
8/7/2023 12:51:01 PM
Metadata
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Template:
Official Documents
Official Document Type
Change Order
Approved Date
05/11/1999
Control Number
1999-140
Entity Name
McCully Marine Services
Subject
Changer Order No. 1 for Artificial Reef Project
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I& No delay or failure to exercise any right, power, or rcmcdy accruing to either party upon <br />breach or default by either party tinder this Agreement, shall impair any such right, power, or <br />remedy of either party; nor shall such delay or failure be construed as a waiver of any such <br />breach or default, or any similar breach or default thereafter. <br />19. no County recognizes that the State of Florida, by virtue of its sovereignty, is not required to <br />pay any taxes on goods or services purchased under the terms of this agreement. <br />24, This Agreement is neither intended nor shall it be construed to grant any rights, privileges, or <br />interest in any third party without the mutual written agreement of the parties hereto. <br />21. No person, on the grounds of race, creed, color, nationai.origin„ age, sex, or disability, shall be <br />excluded from participation in; be denied the proceeds or benefits of or be otherwise subjected <br />to discrimination in performance of the Agreement. <br />22, This Agreement is an exclusive agreement for services and may not be assigned in whole or <br />part without the written approval of the Department. <br />23. The County shall not subcontract, assign, or transfer any work under this Agreement without <br />the prior written consent of the Department's Contract Manager. The County agrccs to be <br />responsible for the fidfillmcnt of all work elements included in any subcontract consented to by <br />the Department and agrees to be responsible for tite payment of all monies due under any <br />subcontract. It is understood and agreed by the County that the Department shall not be liable <br />to any subcontractor for any expenses or liabilities incurred tinder the subcontract and that the <br />County shall be solely liable to the subcontractor for all expenses and liabilities incurred under <br />the subcontract. <br />24. To the extent required by law, the County will be self-insured against, or will secure and <br />maintain during the life of this Agreement, Workers' Compcnsation insurance for all of his <br />volunteers connected with the %York of this project, and, in any case work is subcontracted, the <br />County shall require the subcontractor similarly to provide Workers' Compensation Insurance <br />for all the lattcr's employees unless such employees arc covered by the protection affordcd by <br />the County, Such self-insurance program or insurance coverage shall comply fully with the <br />Florida Workers' Conapcttsation law. hr case any class of workers engaged in hazardous work <br />under this Agreement is not protected tinder Workers' Compensation statutes, tits County shall <br />provide, and cause each subcontractor to provide, adequate insurance satisfactory to the <br />Department, for the protection of his workers not otherwise protected. <br />25, The County warrants and represents that it possesses liability insurance, appropriate and <br />allowable under Florida law, and that such insurance offers protection applicable to the <br />County's offtcers, volunteers, servants, and agents while acting within the scope of their work <br />with the County. <br />26. The: purchase of non -expendable equipment costing $500 or more is not authorizcd under the <br />terms of this Agreement. <br />27. In accordance with Section 216.347, Florida Statutes, the County is hereby prohibited from <br />using funds provided by the Agreement for the pttrltosc ofloltbyinit the Legislature. the judicial <br />branch or a state agency. Pursuant to the l.ohbyiny; Disclosure Act of 1905. the County <br />Pa2r Of 9 <br />
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