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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 <br /> 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 , and <br /> 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 save <br /> the <br /> County harmless from all expense of defending said suits and from all payments which may 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 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 , which <br /> 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 of <br /> each bidder, prior to submitting their bid , to contact Indian River County ' s Purchasing Division at <br /> ( 772 ) 226 - 1416 to determine if addenda were issued and to make such addenda a part of their bid . <br /> Page 5 of 30 <br /> FAPublic Works\Hurricane - Disaster Prepared ness\H u rricane 2011 \Debris Removal Bid & Contract docs\Hurricane Debris Removal Bid <br /> Doc 03-01 - 11 . doc <br />