HomeMy WebLinkAbout2026-059THIS ADDENDUM is made and entered into by and between INDIAN RIVER
COUNTY, a political subdivision of the State of Florida (the "County"), whose address is
1801 2r Street, Vero, Beach, FL 32960, and the ROTARY CLUB OF VERO BEACH
SUNRISE FOUNDATION, ("Sunrise") a Florida not for profit corporation, with the
address of P.O. Box 24, Vero Beach FL 32961.
RECITALS:
WHEREAS, On September 10, 2024 the Parties entered into an Agreement for
Provision, Maintenance, and Supply of Drown Zero Stations(Agreement) in which Sunrise
will provide Drown Zero stations at County beach parks; and
WHEREAS, this Agreement also includes permission for Sunrise to use an all
terrain vehicle(ATV) on the beach for monitoring and maintenance of the Drown Zero
stations; and
WHEREAS, Sunrise has received a grant for a side-by-side ATV and approached
the County concerning storage of the ATV and the County has agreed to provide storage
space, to Sunrise for the purposes of fulfilling its duties under the Agreement
NOW THEREFORE, in consideration of the foregoing and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties hereto hereby agree as follows:
1. ADDENDUM. The parties agree that this addendum shall not alter or modify the
Agreement in any way except to the extent stated herein,
2. COUNTY'S DUTIES:.
• County shall provide space for storage of Sunrise's ATV at a location
determined by County.
• County shall not be responsible for the maintenance, security, or operation of
the ATV.
• County shall notify Sunrise of any concerns or safety issues regarding the
storage of the ATV.
• County shall provide training on proper use and maintenance of the ATV.
3. SUNRISE'S DUTIES:
• Sunrise shall provide ownership and insurance documentation to the County
prior to storage and update the same yearly.
• Sunrise shall ensure that the ATV is properly cleaned, serviced, and
maintained pursuant to best practices as provided by County.
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• Sunrise shall ensure that any operator has completed training with County
prior to use of ATV on County property, including, but not limited to beaches,
parks, and storage facility. This includes the training requirement in paragraph
5 of the Agreement.
• Sunrise shall be responsible for maintaining the storage area in a clean and
well -kept manner. Sunrise is responsible for any damage to the facility caused
by Sunrise's negligence.
• Sunrise shall abide by County procedures and direction as it relates to
operating the ATV including hours of operation and security procedures.
4. INDEMNIFICATION AND INSURANCE. Sunrise hereby agrees to indemnify,
defend, and hold harmless the County from any and all liability, claims costs, fines, fees,
or actions arising from or in connection with the Drown Zero Project and ATV storage.
This indemnification obligation shall survive the expiration of this Agreement. Sunrise
shall keep in force and always maintained during the term of this Agreement, where
applicable:
a. General Liability Insurance:
General Liability Insurance issued by responsible insurance companies and
in a form acceptable to the County, with combined single limits of not less
than $1,000,000 for Bodily Injury and Property Damage per occurrence.
b. Workers' Compensation Coverage:
Full and complete Workers' Compensation Coverage, as required by State
of Florida law shall be provided.
c. Insurance Certificates:.
The Agency shall provide the County with Certificate(s) of Insurance on all
the policies of insurance and renewals thereof in a form(s) acceptable to the
County. The Certificates of Insurance shall indicate that the policies (except
professional liability) have been endorsed to cover Indian River COUNTY
as an additional insured (a waiver of subrogation in lieu of additional insured
status on the Workers' Compensation policy is acceptable) and that these
policies may not be canceled or modified without thirty days prior written
notice being issued by the insurer to the County. The AGENCY is also
responsible for providing the COUNTY with thirty days prior written nonce
of any change or cancellation of the policies.
AGENCY shall provide Certificates of Insurance and applicable
endorsement pages to the COUNTY demonstrating that the
aforementioned insurance requirements have been met within five working
days (Monday through Friday) of the AGENCY's execution of this
Agreement. No work shall begin under this Agreement Order until the
Certificates of Insurance and endorsement pages have been received and
approved by the COUNTY.
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5. ENTIRE AGREEMENT. This Addendum to the Agreement, including the exhibits,
riders, and/or addenda, if any, attached hereto, sets forth the entire Agreement between
the parties. This Agreement shall not be modified except in writing and executed by all
parties.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement
on the respective dates set forth herein below.
BOARD OF COUNTY q'0 S
INDIAN RIVER COUN;rts' RI �s :1
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BY:
Deryl Loar, Chairm�,';--- ; ► r • �:•
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BCC Approved: March 24, 2026
Attest: Ryan L. Butler, Clerk of Court and
Comptroller
By: �ZIA �)j I zku
Deputy lerk
Approved as to form and legal sufficiency:
Chris h$r A. Hicks, County Attorney
Ap;A.
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By
Johitka ich. Jr., County Adinistrator
ROTARY CLUB OF VERO BEACH SUNRISE FOUNDATION, INC.
By: Dr. Edwin Massey, President