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Attachment 3: ADDITIONAL TERMS AND CONDITIONS (Non-federal funds) THIS AGREEMENT is entered into by and between Indian River County (hereafter "Sponsor") and The University of West Florida for and on behalf of The University of West Florida Board of Trustees, a public body corporate, a Florida public post -secondary educational institution (hereafter "University"). The terms of this Agreement are intended to provide the administrative framework for Sponsor and the University (the "Parties") to cooperate in the performance of this project. The University shall make all reasonable efforts to perform the scope of work as outlined in Attachment 1. STATEMENT OF WORK The University shall provide the necessary personnel and facilities to conduct the work of this agreement for the project titled "Indian River County Visitor and Tourism Study." PERIOD OF PERFORMANCE This Agreement shall begin September 17, 2019 or upon execution, whichever is later, and shall not extend beyond end date unless the period is extended by modification of this Agreement. Final deliverables will be provided to Sponsor as specified in Attachment 1. University staff will be available for follow up consultation and assistance to the Sponsor regarding project deliverables through the ending date of this Agreement at no additional cost. Continuing support and assistance for additional periods will be provided only if the amount and scope of work is modified by amendment to this Agreement. FORCE MAJEURE University shall not be liable for its failure to perform any terms or conditions herein when failure to perform is due to causes beyond University's reasonable control, determined in the University's discretion, including, but not limited to: strikes; lockouts; actions or inactions of governmental authorities; epidemics; acts of war or terrorism; embargoes; fire; earthquake; hurricane; windstorm; tornados, acts of God or default of common carrier. In such event, parties will negotiate an extension to the period of performance, or other remedy. SEVERABILITY In the event any provision of this contract shall be held invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision hereof. NONDISCRIMINATION The nondiscrimination clause contained in Section 202, Executive Order 11246, and any subsequent amendments thereto, relative to Equal Employment Opportunity for all persons without regard to race, color, religion, sex, gender identity or national origin, and the Implementing rules and regulations prescribed by the Secretary of Labor, Veteran's Act 38 U.S.C. 4212, Section 503 - Rehabilitation Act of 1973, Title I of the Americans with Disabilities Act of 1990 42 U.S.C. 12101 are incorporated into this Contract by reference as if fully set forth herein. TAXES, FEES AND PERMITS The University is a tax immune sovereign and exempt from the payment of all sales, use or excise taxes. PUBLIC RECORDS Sponsor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement, except as exempted by Florida law. Refusal by Sponsor to allow such public access shall be grounds for unilateral cancellation of this Agreement by the University. Sponsor is a public agency subject to Chapter 119, Florida Statutes. The University shall comply with Florida's Public Records Law. Specifically, the University shall: (1) Keep and maintain public records required by the Sponsor to perform the service. Sponsored Research- Contract for Services agreement (short form) Approved 2018-07-31 Page 5 of 7