20-06 Related Agreement - 2002-02 Pool Agreement.pdf
PDF 3 MB Posted
- Attached to
- Palm Bay Aquatic Center - Request for Solutions
- Solicitation number
- 56-RFS-26
- Issued by
- Brevard County, Florida
About this file
This is a Related Agreement document from a 2002-02 Pool Agreement involving the County, College, City, and Board in Florida, specifically addressing the Palm Bay Aquatic Center. The document establishes the contractual framework and standard terms governing the relationship between these entities regarding aquatic facility operations and maintenance. While the specific scope of services, quantities, timelines, response dates, and award details are not fully detailed in this excerpt, the agreement establishes that the participating entities seek to maintain and enhance aquatic recreation opportunities for residents and visitors while minimizing financial impact to the City through cost-effective and sustainable operational models or partnerships.
The agreement establishes key contractual provisions governing the relationship between the parties, including specifications that no reports, data, programs, or materials produced under the agreement shall be subject to copyright protection by the contractor. Each party bears its own attorney's fees in the event of legal action, and the contractor is prohibited from knowingly employing unauthorized alien workers in violation of federal immigration law, with such violations constituting grounds for unilateral cancellation. The agreement is governed by Florida law, establishes the College, City, and Board as independent contractors, requires all modifications to be made in writing and signed by authorized representatives, and designates Brevard County, Florida as the venue for any legal proceedings. Pricing terms, specific funding amounts, and other financial details are not addressed in this excerpt of the agreement.
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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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