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AGREEMENT FOR INDIAN RIVER LAGOON MUCK RESEARCH <br />THIS AGREEMENT, entered into this 24 day of August, 2023, by and between INDIAN RIVER <br />COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the <br />"COUNTY", and Florida Institute of Technology, Inc., hereinafter referred to as the "FLORIDA <br />TECH". <br />BACKGROUND RECITALS: <br />FLORIDA TECH, in furtherance of its education and research mission, has <br />knowledge, experience, and expertise in research, design, and development in the fields <br />necessary to evaluate Muck in the Indian River Lagoon ("IRL"). <br />COUNTY desires the services of FLORIDA TECH, as described in Exhibit A, and as <br />authorized in individual work orders issued under this Agreement. <br />NOW THEREFORE, in accordance with the mutual covenants herein contained and <br />other good and valuable consideration, the receipt and sufficiency of which are hereby <br />acknowledged, the parties agree as follows: <br />1. STATEMENT OF WORK <br />1.1 All services ("Services") provided by FLORIDA TECH for the County shall be as identified <br />in Exhibit A. The parties agree that the Budget Table provided in Exhibit A is the basis to be used <br />for billing purposes and that FLORIDA TECH's compensation is the total lump sum as set forth <br />in paragraph 5.1. <br />1.2 Additional services which would increase, decrease or which are otherwise outside the <br />scope of Services or level of effort contemplated by the Exhibits shall be Services for which <br />FLORIDA TECH must obtain the prior written approval of the County as provided by this <br />Agreement. All terms for the performance of such Services must be agreed upon in a written <br />document prior to any deviation from the terms of the Agreement, and when properly authorized <br />and executed by both FLORIDA TECH and the County, shall become an amendment to the <br />Agreement. <br />2. COUNTY OBLIGATIONS <br />2.1 The COUNTY will provide FLORIDA TECH with a copy of any related data or reports <br />available, in connection with the work to be performed under this Agreement, together with all <br />available drawings, surveys, right-of-way maps, and other documents in the possession of the <br />COUNTY pertinent to a Project. FLORIDA TECH shall satisfy itself as to accuracy of any data <br />provided. <br />2.2 FLORIDA TECH shall not be considered in default for a failure to perform if such <br />failure arises out of causes reasonably beyond FLORIDA TECH 's control and through no <br />fault or negligence of FLORIDA TECH. The parties acknowledge that adverse weather <br />conditions, acts of God, or other unforeseen circumstances of a similar nature, may <br />necessitate modifications to this Agreement. If such conditions and circumstances do in fact <br />occur, then the COUNTY and FLORIDA TECH shall mutually agree, in writing, to the <br />modifications to be made to this Agreement. <br />3. RESPONSIBILITIES OF THE FLORIDA TECH <br />3.1 FLORIDA TECH agrees to provide diligent efforts to perform all necessary Services <br />in connection with the assigned work, as set forth in this Agreement. Services will be rendered <br />