Laserfiche WebLink
2020 Annual Labor Contract <br />RFP 42020039 <br />deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations <br />or agreements, whether oral or written. No alteration, change, or modification of the terms of this <br />Agreement shall be valid 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 <br />construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party <br />against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, <br />or, in the event of federal jurisdiction, in the United States District Court for the Southern District of <br />Florida. <br />8.5 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed <br />cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to <br />either party, at law or in equity. Each right, power and remedy of the parties provided for in this <br />Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or <br />remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or <br />otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or <br />exercise any remedy, does not waive the right to so in the event of a continuing or subsequent <br />delinquency or default. A party's waver of one or more defaults does not constitute a waver of any other <br />delinquency or default. If any legal action or other proceeding is brought for the enforcement of this <br />Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any <br />provisions of this Agreement, each party shall bear its own costs. <br />8.6 Severability. If any term or provision of this Agreement or the application thereof to any <br />person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this <br />Agreement, then the application of such term or provision to persons or circumstances other than those <br />as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of <br />this Agreement shall be deemed valid and enforceable to the extent permitted by law. <br />8.7 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to <br />the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of <br />Indian River County. <br />8.8 No Pledge of Credit. The CONTRACTOR shall not pledge the COUNTY's credit or make it <br />a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of <br />indebtedness. <br />8.9 Public Records. Indian River County is a public agency subject to Chapter 119, Florida <br />Statutes. The CONTRACTOR shall comply with Florida's Public Records Law. Specifically, the <br />CONTRACTOR shall: <br />8.9.1 Keep and maintain public records that ordinarily and necessarily would be required by <br />the COUNTY in order to perform the service. <br />8.9.2 Upon request from the County's Custodian of Public Records, provide the County with a <br />copy of the requested records or allow the records to be inspected or copied within a reasonable time at <br />a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. <br />8.9.3 Ensure that public records that are exempt or confidential and exempt from public <br />records disclosure requirements are not disclosed except as authorized by law for the duration of the <br />Sample Agreement - Page 9 of 21 <br />