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Q7 / 02 / 2008 12410 3216375302 PURCHASING PACE 04 / 08
<br /> ' 06 / 26 / 2007 05 : 08 FAX 321 28 .4 6977 ,
<br /> CLERK TO 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 its primary ary business location at 38010
<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 or services
<br /> specif a 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 axhlbits,
<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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