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Agenda - 09-01-20; 6-c - Veterans Memorial Construction Approval
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Agenda - 09-01-20; 6-c - Veterans Memorial Construction Approval
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8/27/2020 3:37:19 PM
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BOCC
Date
9/1/2020
Meeting Type
Business
Document Type
Agenda
Agenda Item
6-c
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12 <br /> B. Indemnification - OCVM shall indemnify, defend, and hold harmless the <br /> County, its officers, agents, and employees, from and against all claims, <br /> actions, demands, costs, damages, losses and/or expenses of any kind <br /> whatsoever, in whole or in part, resulting from or connected with any acts of <br /> OCVM Employees, Regular and/or Temporary Volunteers, or program <br /> participants resulting from the omission or commission of any act, lawful or <br /> unlawful, by OCVM, its agents, and/or Employees or Regular and/or <br /> Temporary Volunteers, including but not limited to court costs and attorney's <br /> fees incurred by the County in connection with the defense of said matters. <br /> This section should not be interpreted to apply to any claims related to <br /> negligence or intentional acts committed by the County, its employees, or <br /> agents. It is the intent of this Section that OCVM indemnify the County to the <br /> maximum extent authorized by law. <br /> C. Relationship of the Parties - OCVM is not a contractor of County. OCVM <br /> is not a partner, agent, employee, or joint venture of the County and neither <br /> Party shall hold itself out contrary to these terms by advertising or otherwise. <br /> Neither Party shall be bound by any representation, act, or omission <br /> whatsoever of the other. The term of this Agreement shall be for five (5) years. <br /> This Agreement may be renewed for up to three (3) additional five year terms <br /> only by joint written agreement of both Parties. This Agreement may be <br /> terminated by mutual agreement of the Parties. At any time, County may <br /> terminate this Agreement and any renewal thereof immediately and without <br /> prior notice to O C V M if County determines in its sole discretion that the <br /> health, safety, or well-being of County employees, guests, customers, or <br /> invitees arejeopardized by OCVM's operation of the Center. Both OCVM <br /> and the County agree to hold annual evaluation review meetings to assess <br /> the success and direction of the operation of the Center. <br /> D. Maintenance and Upkeep — Orange County will be responsible for all <br /> maintenance and upkeep of the memorial and surrounding grounds. Typical <br /> maintenance will include, but is not limited to, mowing, fertilizing and leaf raking <br /> of grounds surrounding the memorial, an annual maintenance inspection of the <br /> memorial and surrounding grounds, periodic power washing of memorial, re- <br /> caulking of joints in concrete, and pointing of mortar in stone bench. Orange <br /> County will also be responsible for the utility bills (electric, water) associated <br /> with the memorial. <br /> E. Insurance — Orange County will be responsible for providing property <br /> insurance for the Veterans Memorial. <br /> F. Approvals, Amendments, Notices - Any approval or notice required by the <br /> terms of this Agreement shall be in writing and executed by the appropriate <br /> party. This Agreement may be amended only by written amendments duly <br /> executed by and between both Parties. <br /> 3 <br />
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