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AGREEMENT
TMS AGREEMENT, made and entered into this o2 day of , 2000,
by and between PBV&J ANALYTICAL V RVIClocated at 6635 East Colonial Drive,
Orlando, Florida 32807, hereinafter called the CONTRACTOR and INDIAN RIVER COUNTY
herein called the OWNER.
WITNESSED: That whereas, the OWNER and the CONTRACTOR for the consideration
hereinafter named, agree as set forth below:
Article 1. SCOPE OF WORK
The Contractor shall provide sampling, laboratory analysis and subsequent reports for Indian
River County Utilities and the Solid Waste Disposal District in accordance with the Scope of
Services and other provisions outlined in IRC Bid #2000.
Article 2. Time of Completion:
Sampling and analysis shall be performed in a timely manner in accordance with standard
methods; the permits issued by the Department of Environmental Protection and the provisions
of IRC Bid #2000.
Article 3. General:
The CONTRACTOR hereby certifies that he has read every clause of the Contract
Documents and that he has made such examination of the location or the proposed work as is
necessary to understand fully the nature or the obligation herein made; and shall complete the
same time limit specified herein in accordance with the pians and specifications.
The OWNER and CONTRACTOR agree to maintain records, invoices, and payments for
the service as set forth in the Invitation to Bid #2000.
All work under this Contract shall be done to the satisfaction of the OWNER, who shall in
all cases determine the amount, duality, fitness, and acceptability of the several kinds of work
and materials which are to be paid for hereunder, and shall decide all questions which may arise
as to fulfillment of the Contract on the part of the CONTRACTOR, and his decision thereon
shall be final and conclusive; and such determination and decision, in case any question shall
arise, shall be a condition precedent to the right or the. CONTRACTOR to receive any money
hereunder.
Any clause or section or this contract or specification which may for any reason be
declared invalid, may be eliminated thererrom; and the intent or thus contract and the remaining
portion thereof will remain in full force and effect as though such invalid clause or section has
not been incorporated therein.
Article 4. Quantities and Prices:
CONTRACTOR, as an independent CONTRACTOR and not as act employee of the
OWNER, shall furnish, for a sum neat to exceed Two hundred seven& -nvo thousand and reve
hundred &-litpn ne dollars (SM,581.0Ol per year, during the contract period - all of the
necessary labor, material, and equipment to perform the work described above in accordance
with the Contract Documents.
4,9
The OWNER shall pay the CONTRACTOR for all work included and completed in accordance
with thisAgreement, based on the items of work set forth in the CONTRACTOR'S Cost
Proposal . (Bid Form — Parts I—IV, Bid #2000.)
Article 5 Contract Period
Contract will be for period beginning from date of award through September 30, 2001,
with the option by the OWNER to renew for three (3) additional one (1) year periods. Price
adjustments will be based on prevailing labor and material costs. The contract may be adjusted
yearly with a maximum of 3% upon approval by the OWNER. Negotiation of terms and
conditions shall be completed ninety (90) days prior to each contract period. A contract shall be
deemed effective only to the extent of appropriations available to the County agency.
The OWNER reserves the right to terminate the contract at any time, with or without
cause, upon thirty (30) days advance written notice to the CONTRACTOR.
Article 6. The Contract Documents:
The Information to Bidders, Special Provisions and Insurance 'Requirements, Scope of Services,
the Bid Forms (Attachments A -U), Quotation Request Bid Forms Parts I—IV, Public Entity
Crime Form, Disclosure Form, together with this Agreement, form the Contract, and are fully a
part of this Contract as if included herein.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT the day and year
first above written.
PBS&,J ANALYTICAL SERVICES
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(Nalne and'iti of Sign ton
Kevin J. Cooley
Senior Vice President
Witnessed by:
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County Attorney
Approved as to Form and Legal Sufficiency
Ju/nes E. Chandler,
Aunty Administrator
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INDIAN RIVER COUNTY, FLORIDA
Fran B. Adams, Chairman
Approved by BCC May 2, 2000
Attest:
Jeffrey K. Barton, Clerk of Circuit Court
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Deputy Clerk %
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