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2018-046C
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2018-046C
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Last modified
12/21/2020 1:18:48 PM
Creation date
3/27/2018 10:21:37 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/06/2018
Control Number
2018-046C
Agenda Item Number
12.F.1.
Entity Name
W&G Maintenance Corporation
Subject
Custodial Services Group 3
Area
43rd Avenue Complex
Bid Number
2018018
Document Relationships
2018-081C
(Cover Page)
Path:
\Official Documents\2010's\2018
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7.2 In the event of termination by the COUNTY, the COUNTY's sole obligation to the CONTRACTOR shall <br />be payment for those portions of satisfactorily completed work. Such payment shall be determined on the <br />basis of the hours of work performed by the CONTRACTOR, or the percentage of work completed as <br />estimated by the CONTRACTOR and agreed upon by the COUNTY up to the time of termination. In the event <br />of such termination, the COUNTY may, without penalty or other obligation to the CONTRACTOR, elect to <br />employ other persons to perform the same or similar services. <br />7.3 The obligation to provide services under this Agreement may be terminated by either party upon <br />seven (7) days prior written notice in the event of substantial failure by the other party to perform in <br />accordance with the terms of this Agreement through no fault of the terminating party. <br />7.4 In the event that the CONTRACTOR merges with another company, becomes a subsidiary of, or <br />makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement <br />upon 30 days written notice. <br />7.5 The COUNTY may terminate this Agreement in whole or in part if the CONTRACTOR submits a false <br />invoice to the COUNTY. <br />8. MISCELLANOUS PROVISIONS. <br />8.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that <br />the CONTRACTOR or employees of the Contractor are in no way to be considered employees of the COUNTY, <br />but are independent contractors performing solely under the terms of the Agreement and not otherwise. <br />8.2 Request for Proposals. It is specifically understood and acknowledged by the parties hereto that all <br />of the requirements set forth in the Request for Proposals dated December 1, 2014 (including addenda 1 <br />through 3) shall be incorporated herein. <br />8.3 Merger; Modification. Except as set forth in Section 8.2 above, this Agreement incorporates and <br />includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or <br />understandings applicable to the matters contained herein and the parties agree that there are no <br />commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of <br />the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the <br />terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, <br />Whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid <br />unless made in writing and signed by the CONTRACTOR and the COUNTY. <br />8.4 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed <br />according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other <br />party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of <br />federal jurisdiction, in the United States District Court for the Southern District of Florida. <br />8.5 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and <br />additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law <br />or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative <br />and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement <br />or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist <br />5 <br />
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