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Home My WebLink About2016-104A Agreement THIS AGREEMENT made and entered into this 12th day of Jam, 2016, by and between Oclulina Bank, hereinafter called the ATM Owner and Indian River County, 180127 1h St. Vero Beach, FL. hereinafter called the County. WITNESSED:That whereas,the COUNTY and the ATM Owner agree as set forth below: 1. BASIC AGREEMENT As per specifications of advertised and sealed Indian River County Request for Proposal #2016042: 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. S. SIGNAGE ATM Owner shall be allowed to erect ATM signage, subject to review and approval by the County, 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 commence on August 16, 2016 and remain in effect for a term of thirty six(36) months. The County retains the right to automatically 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), unless caused by negligence or intentional damage. 7. MAXIMUM WITHDRAWAL LIMIT&SURCHARGE The maximum withdrawal limit per transaction and ATM Consumer Fees shall be in accordance with the attached submitted Proposal Pricing Form. 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), unless caused by negligence or intentional damage. 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 th Street, Vero Beach, FL 32960 1800 27th Street, Vero Beach, FL 32960 IN WITNESS WHEREOF, the undersigned duly authorized representatives of the parties have executed this ATM Installation and Maintenance Agreement. '•�ISSiOp ATM OWNER �t� ..••• �E ps•., �• SSS `c Indian River County, Florida :o? Auth 7i icer(Pri Name) IL *' Sig re f 4dthorized Officer Bob Solari, BCC Chairman No/q •.,., ^+��`\��;: ••.�NRNE .� Witnessed by:� ,:: __J Approved by BCC July 12, 2016 ••� • � Il.ek.:nc.� Attest: APPR �' Jeffrey R. Sm�h r 'k of the Cir ourt and p Comptr I ,:Z h By: � Jas n E.113row , County Administrator Deput ler)< Approv d to Form and Legal Sufficiency BY Countyttorney