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IRC-,2025—ITB—FLEET FACILITY GAS ISLAND CANOPY REFURBISHMENT <br />liability for materials or services ordered by any other Governmental agency by virtue of this bid. Bidders that find <br />this condition unsatisfactory should indicate this by showing exception on the Bid Form. <br />Public Record Exemption: Correspondence, materials, and documents received pursuant to this Invitation for Bid <br />become public records subject to the provisions of Chapter 119, Florida Statutes. Should the Bidder assert any <br />exemptions to the requirements of Chapter 119, Florida Statutes, and related statutes, the burden of establishing <br />such exemption, by the way of injunctive or other relief as provided by law, shall be upon the Bidder. <br />Local Preference: County has no local ordinance or preferences, as set forth in Florida Statutes section 255.0991(2) <br />in place, therefore no preference prohibited by that section will be considered in the acceptance, review or award <br />of this bid. <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 Countyreserves,t'he-right,toCancel-the-bid, accept-orreject any and all bids -in -whole orin part, and <br />waive any irregularity or technicality in bids received. When it is determined there is no competition to the lowest <br />responsive, responsible Bidder, rebidding of the project is not required. Bidders are cautioned to make no <br />assumptions unless their bid has been evaluated as being responsive. The County reserves the right to not make <br />any award(s) under this 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 using Department and the Office of the County Attorney. <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 />Cancellation: It is the intention of the County to purchase material and / or services from sources of supply that will <br />provide prompt and convenient shipment and service. Any failure of the supplier to satisfy the requirements of the <br />County shall be reason for termination of the award. <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 7 of 39 <br />