16-06 Related Agreement - 2002-02 Pool Agreement.pdf
PDF 3 MB Posted
- Attached to
- Palm Bay Aquatic Center
- Solicitation number
- 01-RFQ-27
- Issued by
- Brevard County, Florida
About this file
This document is a related agreement excerpt from a 2002 Pool Agreement involving multiple Florida jurisdictions: Brevard County, a college, a city, and a board. The agreement establishes the operational and legal framework for a shared pool facility managed through a consortium arrangement. The document does not specify detailed product or service requirements, quantities, response deadlines, site visits, bidder conferences, or award dates, as it primarily addresses contractual terms and conditions rather than solicitation details. The contract term and renewal options are not addressed in the provided excerpt.
The agreement establishes several key operational and legal provisions governing the consortium relationship. Copyright ownership of all materials produced under the agreement vests with the County, College, City, and Board collectively, with no contractor rights to intellectual property. Each party bears its own attorney's fees in legal disputes. The agreement prohibits awards to contractors knowingly employing unauthorized alien workers, with such violations permitting unilateral contract cancellation. The agreement is governed by Florida law, with venue established in Brevard County courts. The participating entities are designated as independent contractors with no representative or employee relationships created among them. All modifications require written authorization from duly authorized representatives of the parties. The document does not disclose pricing terms, set-asides, incumbent information, or specific funding amounts and sources.
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Text version
from Section 24(a)- of Article I of the State. Constitution and. Section 119̀.07(1) Florida Statutes:
5. ~OP~RIG`I': No reports, data,.. programs or other materials` :produced, ;in whole or in part for the benef t .and use of the County, the College, the' City and the Board, under this Agr-eement shall be subject to :copyright .by the Contractor in the United :States or any :other .country.: -
6. ATT̀'®F~NE~"-.S FEES: In the event of any legal action to enforce the terms of this contract each party shall bear its own attorney:'s fees and costs..
7. iJ~TAiJTHORIZEI) ALIEN WORI{ERS: The County, the: College, the City and the Board will not intentionally award publicly-.funded contracts to an contractor who .knowin Iy g y employs unauthorized alien workers, constituting- a violation of the .employment provisions contained in 8 U.S.C. Section.
1.324a e~ Section 274A e of the Immi ration and Natonalt Act, "INA" .The Count , the College, theg y )• y
City and the: Board shall consider the employment by. the County, the College, the: City and: the Board of unauthorized aliens a violation of -Section 274A(e) of the INA. Such violation by the Recipient .of the emplo}~ment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellaton.ofth~ Agreement by.the County,.~~the. College, the City and: the Board.
8. G~OVE12NLh1G LA`'V~: This. agreement shat-l be-deemed ' to have beenexecuted and entered into within the .,State of.Florida, and =this. Agreement, -and any dispute arising : hereunder, shall b'e governed, interpreted' and :construed according to the laws of the State of~Fl°orida:~ ~~~~`~
9. INDEPENDEh1`I' C~JNTRACT®~R The College, the C"ity, arid, the Board. shall each perform the regiment .as inde endent contractors, and nothm contained .herein shall beterms and- cond ions of this Ag p g . , -construed to be irieonsistent with this relationship or status. Nothing ~in °this Agreement shall, in any way,. _ be construed to eonsti~tute the- 'College, the City and the .Board. or any o.f its, .agents or .employees as the representative agents° or employees of each other. -
10...1hI"ODI~F`I"CAT'I"Ohl:.,, No modification of this .Agreement shall b~e binding on County, the College,, the
City or t̀he Board untess~ reduced to writing and signed -by a duly authorized representative of County the
College; the °Cty or the Board.
11. V.E1l1~ZE. ~°enue; for an 1e al action brow ht b an art to this A regiment to irate ret, construe orrs Y g g y Yp ~Y g enforce this agreement shall be in a court of competent jurisdiction in and for Brevard County,. Florida.
W/SEVEI2ABILI'I'Y: If any of the provisions herein are in conflict .with any12. CONFLICTS O:F LA
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