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Bid No. 2020029/IRC-1838 <br />Applicable Law and Venue: The resulting Agreement and all rights and duties of the parties hereto shall be <br />governed by the laws of the State of Florida, including but not limited to the provisions of the Florida Uniform <br />Commercial Code Chapters 671-679 F.S., for any terms and conditions not specifically stated within. Venue for any <br />lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian <br />River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern <br />District of Florida. <br />Conflict of Interest: Any entity submitting a bid or proposal or entering into a contract with the County shall <br />disclose any relationship that may exist between the contracting entity and a County Commissioner or a County <br />Employee. The relationship with a County Commissioner or a County Employee that must be disclosed is as follows: <br />father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, <br />mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, <br />stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. The term "affiliate" <br />includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are <br />active in the management of the entity. The disclosure of relationships shall be a sworn statement made on a <br />County approved form. Failure to submit the form may be cause for rejection of the bid or proposal. <br />Cancellation: It is the intention of Indian River County to purchase material and / or services from sources of supply <br />that will provide prompt and convenient shipment and service. Any failure of the supplier to satisfy the <br />requirements of the County shall be reason for termination of the award. <br />Errors: When an error is made in the bid extension of generating total bid prices or in any other process of <br />completing the bid, the original. unit prices submitted will govern. Carelessness in quoting prices, or in preparation <br />of the bid otherwise, will not relieve the bidder from performance. <br />Bid Rejection: Failure to comply with all the above instructions may result in rejection of the bid. <br />Bid Protest: Any actual or prospective bidder or proposer who is aggrieved in connection with a competitive <br />selection process may protest to the Purchasing Manager. The protest shall be submitted to the Purchasing <br />Manager in writing within seven (7) calendar days after the bidder or proposer knows or should have known of the <br />facts giving rise to the protest. If the protest is not resolved by mutual agreement, the Purchasing Manager shall <br />promptly issue a decision in writing, after consulting the Department and the Office of the County Attorney. <br />Supplemental Information: The County reserves the right to conduct such investigations as it deems necessary to <br />assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, <br />proposed subcontractors, suppliers, and other relevant parties to perform and furnish the work. To demonstrate <br />qualifications to perform the work, each Bidder must be prepared to submit, within 5 days of Owner's request, <br />written evidence, such as financial data, previous experience, present commitments, and other such data as may <br />be necessary to prove to the satisfaction of the Owner that the Bidder is qualified by experience to do the work and <br />is prepared to complete the work within the stated time period. Failure to provide any requested information may <br />result in the determination of the Bidder as non -responsible. <br />Awards: The County reserves the right to cancel the bid, reject any and all bids or waive any irregularity or <br />technicality in bids received. When it is determined there is no competition to the lowest responsive, responsible <br />Bidder, rebidding of the project is not required. Bidders are cautioned to make no assumptions unless their bid has <br />been evaluated as being responsive. The County reserves the right to not make any award(s) under this bid. <br />Termination by the County: The County reserves the right to terminate a contract by giving thirty (30) days notice, <br />in writing, of the intention to terminate, if at any time the contractor fails to abide by or fulfill any of the terms and <br />conditions of the contract. The County also reserves the right to terminate this contract for convenience of the <br />County and / or with.or without cause. <br />Page 9 of 39 <br />