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2000-081
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2000-081
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Last modified
2/27/2024 10:12:42 AM
Creation date
2/27/2024 10:12:29 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/21/2000
Control Number
2000-081
Agenda Item Number
11.G4.
Entity Name
Indian River County School District Fueling Depot
Fleet Management Complex & Public Works Complex
Subject
Joint Participation Agreement Amendment 1 to Proffesiional
Architectural/Engineering Services Contract
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i <br />FI <br />40 <br />attorney fees and court costs if the COUNTY prevails, r�K V146 VSA <br />7. Should the COUNTY and the SCHOOL DISTRICT decide to proceed with subsequent phases of the <br />PROTECT, the agreement shall be amended to identify the respective responsibilities and the financial <br />arrangements between the parties. <br />8. This Agreement and any interest herein shall not be assigned, transferred or otherwise encumbered by <br />the SCHOOL DISTRICT under any circumstances without the prior written consent of the COUNTY. <br />However, this agreement shall run to the COUNTY and its successors. <br />9. Except as otherwise set forth herein, this agreement shall continue in effect and be binding to both the <br />COUNTY and the SCHOOL DISTRICT until the project is completed. <br />I The COUNTY, during any fiscal year, shall not expend money, incur any liability, or enter into any <br />contract which, by its terms, involve the expenditure of money in excess of the amounts budgeted or as <br />amended by budget amendment as available for expenditure during such fiscal year. Any contract, <br />verbal or written, made in violation of this subsection is null and void, and no money may be paid on <br />such contract. <br />11. The SCHOOL DISTRICT warrants that it has not employed or obtain any company or person, other than <br />bona fide employees of the SCHOOL DISTRICT, to solicit or secure this Agreement, and it has not paid <br />or agreed to pay any company, corporation, individual or firm, other than a bona fide employee <br />employed by the SCHOOL DISTRICT. For breach or violation of this provision, tile COUNTY shall <br />have the right to terminate the agreement without liability. <br />12. To the extent allowed by the Laws of Florida, the SCHOOL DISTRICT hereby agrees to indemnify, <br />defend, save and hold harmless the COUNTY from 2l! 02i:,LS, demands liabilities, and suits of any <br />nature arising out of, because of or due to any intentional and/or negligent act or occurrence, omission, <br />or commission of the SCHOOL DISTRICT, its agents, or employees, arising out of this contract or the <br />work which is the subject hereof. It is specifically understood and agreed that this indemnification <br />clause does not cover or indemnify the COUNTY for its own negligence. <br />13, This agreement is governed by and construed in accordance with the laws of the State of Florida. <br />14. This document incorporates and includes all prior negotiations, correspondence, conversations, <br />agreements, or understandings applicable to thematters contained herein, and the parties agree that there <br />are no commitments, agreements orunderstandings concerning the subject matter ofthis agreement that <br />ur_ not. con:aincd in this docunient. Accordingly, ii is agreed that no deviation from the terms hercof' <br />shall be predicated upon any prior representation or agreements whether oral or written. It is further <br />agreed that no modification, amendment, or alternation in the terms and conditions contained herein <br />shall be effective unless contained in a written document executed with the same fornmality and of equal <br />dignity herewith. <br />15. Any ofall notices (except invoices) given or required under this agreement shall be in writing and either <br />personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. All <br />notices delivered shall be sent to the following addresses: <br />
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