HomeMy WebLinkAbout2011-173 AGREEMENT g . P P
THIS AGREEMENT made and entered into this ih , ~ •. day of August 20 11� by and
between Oculina Bank, 4450 24`h Avenue, Vero Beach, FL, hereinafter called the ATM Owner and Indian
River County, 180127 1h St. Vero Beach, FL. hereinafter called the County. A 10 �I _ J743
WITNESSED : That whereas, the COUNTY and the ATM Owner agree as set forth below :
11
1 . BASIC AGREEMENT
As per specifications of advertised and sealed Indian River County Request for Proposal # 2011043 :
It is hereby agreed that ATM Owner is granted the exclusive right to securely install, maintain, repair, and
insure an automated teller machine ( " ATM" ) at each of the locations indicated at no cost or obligation to
the County. There will be no County participation in the operation or maintenance of the ATM .
2 . FILLING THE MACHINE
It shall be the responsibility of the ATM Owner to maintain sufficient funds in the machine and replenish
the ATM with cash .
3 . ELECTRICAL REQUIREMENTS
The County shall be responsible for the electrical line installation ( standard 110 volt outlet) , and
the
ongoing monthly cost for electrical service . ATM Owner, at its discretion and expense, shall connect the
ATM through a wireless device .
4 . INSTALLATION & MAINTENANCE
ATM Owner shall install or contract installation of the ATM. For insurance requirements and security
purposes, the ATM must be bolted to the floor. ATM Owner shall provide all labor involved with service
and maintenance of the ATM, including supplies . ATM Owner shall provide 24-hour customer help and
technical support . A Toll Free number shall be prominently displayed on the front of the
ATM for
customers to call for assistance .
5 . SIGNAGE
With the County' s permission, ATM Owner shall be allowed to erect ATM signage as necessary to attract
ATM business . Signage shall not be placed in view from the exterior of the building .
6. TERM OF AGREEMENT
This Agreement shall be in effect for a term of thirty six (36) months beginning on August 16 , 2011
and
ending on August 15 , 2014 . The County retains the right to renew this Agreement with the consent of ATM
Owner, under the same terms and conditions, for two additional twelve ( 12) month terms . Additional terms
and/or services may be added to this Agreement upon satisfactory negotiation of terms between the County
and ATM Owner. ATM Owner must receive written notification from the County to cancel no less than 60
days prior to the end of the initial term . Upon removal of the ATM, ATM Owner is not responsible
for
restoring the County ' s property to its pre- installation condition (i . e . replacing flooring) .
7. MAXIMUM WITHDRAWAL LIMIT & SURCHARGE
The maximum withdrawal limit per transaction shall be $ 300 . ATM consumer fee of $ 1 . 50 per transaction
will apply for each completed surcharged transaction. No other fees will be charged .
8 . TERMINATION
The parties agree that this agreement may be cancelled by either party with 30 days written notice . Upon
removal of the ATM, the ATM Owner is not responsible for restoring the County ' s property to its pre-
installation condition (i . e . replacing flooring) .
9 . LIABILITY INSURANCE AND INDEMNIFICATION
ATM Owner shall insure the ATM and the cash used to load it . ATM Owner shall name the County as an
additional insured party under its commercial general liability insurance policy and supply the County with
proof of insurance . ATM Owner shall indemnify and hold harmless the County from all suits , actions or
claims including reasonable attorney ' s fees, of any character brought on account of any injuries or damages
received or sustained by any person, persons, or property by or from the use of the ATMs or by
or in
consequence of any liability losses, misconduct or negligent act or omission of ATM Owner its agents or
employees in connection with the operation of the ATMs .
10 . ASSIGNMENT OF AGREEMENT
If ATM Owner is unable to provide the services outlined in this agreement, ATM Owner has the right to
assign this agreement to a third-party ATM provider approved by the County prior to the assignment date .
Any assignment would be for the same terms and conditions as the original agreement .
11 . VENUE
This agreement shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by
either party against the other party or otherwise arising out of this agreement shall be in Indian
River
County, Florida, or in the event of federal jurisdiction, in the United States District Court for the Southern
District of Florida.
12 . ATM LOCATIONS
One ( 1 ) ATM is to be located on the first floor at each of the following locations :
Indian River County Indian River County
Administration Building "A" Administration Building ` B "
180127 1h Street, Vero Beach, FL 32960 180027 1h Street, Vero Beach, FL 32960
IN WITNESS WHEREOF , the undersigned duly authorized representatives of the parties have executed
this ATM Installation and Maintenance Agreement . •• �SSIONEg4444
004 , 0064
, .
ATM OWNER •�
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Oc a Bank
: moi gig;
r" k it ifth Indian River County, Flori � ;
uthor' O e Pri e) %
Signatur f Authorized Officer Bob Solari, BCC Chairman ojAaRoo " " •,<
. . ANrrrrar •• an
Witnessed b Approved by BCC August 16 , 2011
Attest :
I
ROV D Jef y on, Cler rc urt
it
ph A . Baird, County Administrator Deputy Clerroved as to Fo e al Sufficiency
BY
County Att e j� Lit-