DOCUMENT

CONT - Polyorthophosphate 2006

  • YEAR CREATED: 2006
  • ENTITY TYPE: City/Township
  • TYPE OF DOCUMENT: CONT - Contract, Agreement
The document is a contract between the City of Port St. Lucie, Florida and Carus Chemical Company. The contract states that it will be performed in the State of Florida and will be governed by the laws of Florida without reference to any other state or nation. The venue for any action taken to enforce the contract will be in St. Lucie County, Florida. Section XIX of the contract states that the Contractor agrees to reimburse the City for any expenditures incurred by the City in the process of testing materials supplied by the Contractor against the specifications. This reimbursement includes the replacement value of materials destroyed in testing, the cost paid by the City to testing laboratories, and the value of labor and materials expended by the City in conducting the testing. The reimbursement does not relieve the Contractor from other remedies provided in the contract. Section XX states that the City's performance and obligation to pay under the contract is contingent upon an annual appropriation by the City Council. If the appropriation is not forthcoming, the City may terminate the contract without any charges, penalties, or other costs being assessed. Section XXI states that the renewal option is not applicable to this contract. Section XXII states that contract prices, if mutually agreed upon, may incur an annual adjustment on each anniversary execution date. Section XXIII states that if it is necessary to institute any action to enforce the contract, the prevailing party is entitled to payment of its attorney's fees and costs. Section XXIV states that the written terms and provisions of the contract supersede all prior verbal statements of any official or representative of the City. The document is signed by the City Manager and City Clerk of the City of Port St. Lucie, Florida, as well as an authorized representative of Carus Chemical Company. A notary public has also verified the execution of the contract.
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