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2000-375A
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2000-375A
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Last modified
8/20/2024 1:04:16 PM
Creation date
8/20/2024 1:03:42 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/12/2000
Control Number
2000-375A
Agenda Item Number
7.H.
Entity Name
Government Finance Officers Association
Subject
Agreement for System Selection and Contract Negotation Consulting Services
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Agreeineur bertreen Indian River C'otttrly Clerk of the CYrcuk Cotta, FL and the GFOA <br />X1. NOTICE <br />All notices and submissions required tinder the agreement shall be by personal delivery or by first-cl .ss <br />mail, postage prepaid, to the address stated in this agreement or such other address as either Marty may <br />designate by prior written notice to the other. Notice shall be considered delivered under this agreement <br />when personally delivered to the Contract Administrator or placed in the U.S. mail, postage prepaid to the <br />Administering Department, care of the Contract Administrator. <br />X11. EXTENT OF AGREEMENT, AMENDMENT <br />This agreement represents the entire understanding between the Clerk and the Consultant and it supersedes <br />all prior representations or agreements whether written or oral. Neither party has relied on any prior <br />representations in entering into this agreement. <br />XHI. SEVERABILITY OF PROVISIONS <br />Whenever possible, each provision of this agreement will be interpreted in a manner as to be effective and <br />valid Larder applicable law. However, if any provision of this agreement or the application ofany provision <br />to any Marty or circunrslance will be prohibited by or invalid under applicable law, that provision will be <br />ineffective to the extent of the prohibition or invalidity without invalidating the remainder of the provisions <br />of this agreement or the application of the provision to other parties or other circumstances. <br />XIV. CHOICE OF LAW <br />This agreement shall be construed, governed, and enforced in accordance with the laws of tite State of <br />Florida. By executing this agreement, the Consultant and the Clerk agree to venue in a court of appropriate <br />jurisdiction sitting within the State of Florida for purposes of any action arising under this agreement. <br />XV. DISPUTE RESOLUTION <br />Any dispute or claim in law or equity between Clerk and Consultant arising out of this agreement, if not <br />resolved by informal negotiation between the parties, shall be mediated by referring it to the nearest office <br />of Judicial Arbitration and Mediation Services, Inc. (JAMS) for mediation. Each party shall provide the <br />others with a list of four mediators. The parties shall confer on the list and select a mutually agreeable <br />mediator. Mediation shall consist of an informal, non-binding Conference or confe'rence's between the <br />parties and the judge -mediator jointly, then in separate caucuses wherein the judge will seek to guide the <br />parties to a resolution of the case, if the parties cannot agree to a mutually acceptable member from the <br />JAMS panel of retired judges, a list and resumes of available mediators with substantial experience in <br />mediating claims of the type at issue between the parties, numbering one more than there are parties, will <br />be sent to tltc parties, each of whom will strike one name leaving the remaining natztc as the mediator. If <br />more titan one name remains, JAMS arbitrations administrator will choose a mediator from the remaining <br />names. ]'he mediation process ahall continue until the case is resolved or until such time as the mediator <br />makes a finding that there is no possibility of resolution. <br />
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