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2019-119
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Last modified
12/27/2019 2:00:49 PM
Creation date
9/9/2019 11:29:24 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/13/2019
Control Number
2019-119
Agenda Item Number
8.Q.
Entity Name
Florida Division of Blind Services (DBS)
Subject
Agreement to install and service vending machines at County recreation sites
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7. TERM OF AGREEMENT <br />This Agreement shall be in effect for a term of thirty six (36) months. The County retains the right to <br />automatically renew this Agreement with the consent of Contractor, under the same terms and <br />conditions, for two additional twelve (12) month terms. Additional terms and/or services may be <br />added to this Agreement upon satisfactory negotiation of terms between the County and Contractor. <br />Contractor must receive written notification from the County to cancel no less than 60 days prior to <br />the end of the initial term. Upon removal of the machine, Contractor is not responsible for restoring <br />the County's property to its pre -installation condition (i.e. replacing flooring), unless caused by <br />Contractor's negligence or intentional damage. Contractor shall maintain all necessary licensure <br />required by local, state and federal authorities for the duration of the Agreement. <br />8. TERMINATION <br />The parties agree that this Agreement may be cancelled by either party with 30 days' written notice. <br />TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities <br />of respondent as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, <br />created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In <br />addition, if this Agreement is for goods or services of one million dollars or more, CONTRACTOR <br />certifies that it and those related entities of respondent as defined above by Florida law are not on <br />the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in <br />the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and <br />are not engaged in business operations in Cuba or Syria. <br />COUNTY may terminate this Contract if CONTRACTOR is found to have submitted a false certification <br />as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with <br />Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector <br />List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida <br />Statutes. <br />COUNTY may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, <br />majority-owned subsidiaries, and parent companies that exist for the purpose of making profit is found <br />to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott <br />of Israel as set forth in section 215.4725, Florida Statutes. <br />9. LIABILITY INSURANCE AND INDEMNIFICATION <br />Contractor shall insure the machine and the cash and supplies used to load it. Contractor shall name <br />the County as an additional insured party under its commercial general liability insurance policy and <br />supply the County with proof of insurance. Neither the County nor the Contractor elects to indemnify <br />the other or the vendor from any claim, suit, judgment, debt, or damages, arising out of performance <br />or failure to perform or negligent or wrongful acts or omissions under this Agreement of any of its <br />employees, servants, or agents acting within the employee's, servant's or agent's office under this <br />Agreement. Neither the County nor the Contractor waives its sovereign immunity, except to the <br />extent provided by law. Nothing in this Agreement may be construed as the consent of the County or <br />the Contractor to be sued by the other or the vendor in any matter arising out of this Agreement. This <br />section shall survive the termination of this Agreement. <br />Page 2 of 4 <br />
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