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2021-029D
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2021-029D
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Last modified
3/23/2021 2:45:46 PM
Creation date
3/19/2021 3:23:54 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/02/2021
Control Number
2021-029D
Agenda Item Number
8.E.
Entity Name
CER Signature Cleaning
Subject
Agreement for Annual scheduled custodial services for Group 3
Bid Number
ITB 2021013
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8.2 Invitation to Bid. It is specifically understood and acknowledged by the parties hereto that all of the <br />requirements set forth in the Invitation to Bid dated December 15, 2020 (including addenda 1 through 4) <br />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 />upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right <br />to so in the event of a continuing or subsequent delinquency or default. A party's waver of one or more <br />defaults does not constitute a waiver of any other delinquency or default. If any legal action or other <br />proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, <br />default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its <br />own costs. <br />8.6 Severability. If any term or provision of this Agreement or the application thereof to any person or <br />circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, <br />then the application of such term or provision to persons or circumstances other than those as to which it is <br />held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement <br />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 the <br />availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian <br />River County. <br />8.8 No Pledge of Credit. The CONTRACTOR shall not pledge the COUNTY's credit or make it a <br />guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of <br />indebtedness. <br />8.9 Notices: Any notice, request, demand, consent, approval, or other communication required <br />or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party <br />giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by <br />T <br />
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