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Consideration of Bids : Telegraphic , telephonic , or faxed bids will not be considered . Indemnification : The successful bidder shall agree to indemnify and save harmless Indian River County , its agents and employees , from and against all claims , suits , liabilities , actions , damages , costs , orders , judgments , or other liabilities , including all attorney ' s fees , and expenses for any personal injury , loss of life , or damage to property sustained by Indian River County arising out of or in incident to or in connection with Contractor' s performance under the contract . Nothing in the award or resulting contract shall be deemed to affect the rights , privileges , and immunities of Indian River County as set forth in Florida Statutes section 768 . 28 . Royalties and Patents: The successful bidder shall pay all royalties and license fees for the equipment or processes in conjunction with the equipment their furnishing . Further, the bidder shall defend at their expense all suits , actions, or judgments alleging infringement on any United States Patent by reason of the use or resale of any piece of material furnished user and will save Indian River County harmless from all expense of defending said suits and from all payments which may be assessed against the purchaser on account of such infringement . Public Access : The Seller shall allow public access to all documents and materials in accordance with the provisions of Chapter 119 , Florida Statutes . Should the Seller assert any exemptions to the requirements of Chapter 119 , Florida Statutes , and related statutes , the burden of establishing such exemption, by the way of injunctive or other relief as provided by law, shall be upon the Seller . Records/Audit: The Seller shall maintain books , records and documents pertinent to performance under this Order in accordance with generally accepted accounting principles consistently applied . Indian River County shall have inspection and audit rights to such records for audit purposes during the term of the contract and for three years following the termination of obligations hereunder . Records which relate to any litigation , appeals or settlements of claims arising from performance under this Order shall be made available until a final disposition has been made of such litigation , appeals , or claims . Variations to Specifications : For purposes of evaluation , Bidder must indicate any variances from the specifications and / or conditions on the form provided with this Invitation to Bid . Otherwise , It will be assumed that the product or service fully complies with the specifications . Items specifically described as alternates shall be reviewed as an alternative bid to be considered by Indian River County, in lieu of the primarily specified item(s) . However, item (s) varying from the published specifications shall be considered substitutes , and Indian River County reserves the right to consider or not to consider substitute bids . Substitutes shall be subject to disqualification if Indian River County does not approve the substitution . Interpretations: No oral interpretations will be made to any Bidder as to the meaning of the Specifications . Every request for such an interpretation shall be made in writing, addressed and forwarded to Indian River County Purchasing , ten ( 10) or more days before the date fixed for opening of the bids . Indian River County shall not be responsible for oral interpretations given by any Indian River County employee . Every interpretation made to bidder will be in the form of an Addendum to the specifications , which if issued, will be sent promptly as is practical to all persons to whom specifications have been issued . All such Addenda shall become part of the specifications . Further, it shall be the responsibility of each bidder , prior to submitting their bid, to contact Indian River County ' s Page 5 of 47