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Q7/02/2008 12:10 3216375302 PURCHASING PACE 04/08
<br />'06/26/2007 05:08 FAX 321 28.4 6977,
<br />L'L1 Rlt Tr) rH� BUArt.li
<br />Contract for Derelict Vassei Removal
<br />THIS AGREEMENT by and between the Board of County Commissioners of Brevard
<br />County, Florida, a political subdivision of the State of Florida (hereinafter the'CountyP), and
<br />Absolute Marine Towing & Salvage, Inc., a business having ita primary business location at 3800
<br />S. U.S. Highway i, Grant, FL, 32949, (hereinafter the "Contractor").
<br />WITNESSET'R
<br />WHEREAS, the County is desirous of obtaining the services of a Derelict Vessel
<br />Removal Contractor, and
<br />WHEREAS, the provision of such services shall mutually benefit the parties hereto and
<br />the residents of Brevard County, Florida.
<br />NOW THEREFORE, in consideration of the covenants herein contained, it is mutually
<br />agreed between the parties as foilowc: '
<br />1. SCOPE OF THE WORK: The Contractor shall furnish all labor, materials,
<br />equipment, machinery, tools, apparatus and transportation to perform all work er services
<br />specif el in the Bid Package and it's amendment attached hereto as Exhibits A and 8, and made
<br />.a part hereof by this reference and hereinafter referred to as ("work" or "services).
<br />2. TERM: The term of the Agreement shall begin_ and continue
<br />through December 31, 2007 or until work is complete.
<br />3. PAYMENTS: County shall pay the Contractor for (Work or Services) provided
<br />under this Agreement as provided in Exhibits A end B made a part of this agreement by
<br />reference. The County reserves the right to deduct from any contractor invoice an amount for
<br />defective or nonconforming work, or for work not provided but invoiced. The County shah remit
<br />payment in accordance with the Florida Prompt Payment Act, Florida Statute section 218.7[x, at
<br />seq.
<br />4. INDEMNIFICATION: The Contractor sholl.indemnify and hold harmless the
<br />County and its agents and employees from and against all claims, damages, losses, and
<br />expenses, including attorney's fees arising out of or resulting from the performance of its work
<br />under this agreement, where such claim, damage, loss, or expense Is caused, in whole or in part,
<br />by the act or omission of the Contractor, or anyone directly or indirectly employed by the
<br />Contractor, or anyone for whose acts any of them may be liable, regardless of whether or not it is
<br />caused by or in part by a party indemnified thereunder. In any and all claims against the County,
<br />or any of its agents or anyone directly or indirectly employed by the Contractor, or anyone for
<br />whose accts any of them may be liable, indemnification obligation under this paragraph shall not.
<br />be limited In any way by a limitation on the amount or type of damages, compensation or benefits
<br />payable by or for the custodial contractor, under workers' compensation acts, or other related
<br />policies of insurance. The parties acknowledge specific, consideration has been exchanged for
<br />this provision.
<br />5. MODIFICATIONS TO CONTRACT: This contract, together with any exhibits,
<br />task assignments and schedules constitute the entire contract between the County and the
<br />Contractor end supersedes all prior written or oral understandings. This contract and any
<br />exhibits, task assignments and schedules may only be amended, supplemented or canceled by a
<br />written instrument duty executed by the parties hereto.
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