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Consideration of Bids : Telegraphic , telephonic , or faxed bids will not be considered .
<br /> Indemnification : The successful bidder shall agree to indemnify and save harmless Indian River
<br /> County , its agents and employees , from and against all claims , suits , actions , damages , causes , or
<br /> action or judgments arising out of the terms of the resulting agreement for any personal injury , loss
<br /> of life , or damage to property sustained as a result of the performance or non- performance of
<br /> services or delivery of goods , from and against any orders , judgments , or decrees , which may be
<br /> entered against the County , its agents or employees ; and from and against all costs , attorney' s fees ,
<br /> expenses , and other liabilities incurred in the defense of any such claim , suit , or action
<br />, and the
<br /> investigation thereof. Nothing in the award , resulting agreement , contract or Purchase Order shall be
<br /> deemed to affect the rights , privileges , and immunities of the County as set forth in Florida Statute
<br /> Section 768 . 28 .
<br /> Royalties and Patents: The successful bidder shall pay all royalties and license fees for the
<br /> equipment or processes in conjunction with the equipment their furnishing . Further, the bidder shall
<br /> defend at their expense all suits , actions , or judgments alleging infringement on any United States
<br /> Patent by reason of the use or resale of any piece of material furnished user and will
<br /> save the
<br /> County harmless from all expense of defending said suits and from all payments which may
<br />be
<br /> assessed against the purchaser on account of such infringement .
<br /> Public Access: The successful Bidder shall allow public access to all documents and materials in
<br /> accordance with the provisions of Chapter 119 , Florida Statutes . Should the Seller assert any
<br /> exemptions to the requirements of Chapter 119 , Florida Statutes , and related statutes , the burden of
<br /> establishing such exemption , by the way of injunctive or other relief as provided by law, shall
<br /> be
<br /> upon the Seller.
<br /> Records/Audit: The successful Bidder shall maintain books , records and documents pertinent to
<br /> performance under this Order in accordance with generally accepted accounting principles
<br /> consistently applied . The County shall have inspection and audit rights to such records for audit
<br /> purposes during the term of the contract and for three years following the termination of obligations
<br /> hereunder. Records which relate to any litigation , appeals or settlements of claims arising from
<br /> performance under this Order shall be made available until a final disposition has been made of such
<br /> litigation , appeals , or claims .
<br /> Variations to Specifications: For purposes of evaluation , Bidder must indicate any variances from
<br /> the specifications and / or conditions on the form provided with this Invitation to Bid . Otherwise , it
<br /> will be assumed that the product or service fully complies with the specifications . Items specifically
<br /> described as alternates shall be reviewed as an alternative bid to be considered by the County , in
<br /> lieu of the primarily specified item (s) . However, item ( s) varying from the published specifications
<br /> shall be considered substitutes , and the County reserves the right to consider or not to consider
<br /> substitute bids . Substitutes shall be subject to disqualification if the County does not approve the
<br /> substitution .
<br /> Interpretations: No oral interpretations will be made to any Bidder as to the meaning of the
<br /> Specifications . Every request for such an interpretation shall be made in writing , addressed and
<br /> forwarded to Indian River County , ten ( 10) or more days before the date fixed for opening of the bids .
<br /> The County shall not be responsible for oral interpretations given by any County employee . Every
<br /> interpretation made to bidder will be in the form of an Addendum to the specifications ,
<br /> which if
<br /> issued , will be sent promptly as is practical to all persons to whom specifications have been issued .
<br /> All such Addenda shall become part of the specifications . Further, it shall be the responsibility
<br /> of
<br /> each bidder, prior to submitting their bid , to contact Indian River County' s Purchasing Division
<br /> at
<br /> (772) 226- 1416 to determine if addenda were issued and to make such addenda a part of their bid .
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