2022-209A - Laserfiche WebLink

Home Browse Search

is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. The first and second sentence in Miscellaneous shall be stricken and replaced with the following: Where conflict exists between the Base Form and the terms and conditions of the RFP, the RFP shall prevail. The third sentence of Miscellaneous shall be stricken and replaced as follows: UniFirst may not assign this Agreement without the prior written consent of Customer. Additional Terms and Conditions. The following additional terms and conditions are made part of the Agreement: Availability of Funds: The obligations of the Customer under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. Indemnity: UnlFirst shall indemnify and hold harmless the Customer, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent resulting from the negligence, recklessness, or intentionally wrongful conduct of UniFirst and other persons employed or utilized by the UniFirst in the performance of this Agreement. Independent Contractor: It is specifically understood and acknowledged by the parties hereto that the UniFirst and its employees are in 1. no way to I.be considered employees of the Customer, but are independent contractors performing solely under the terms of the Agreement and not otherwise. Public Records: Customer is a public agency subject to Chapter 119, Florida Statutes. UniFirst shall comply with Florida's Public Records Law. Specifically, the UniFirst shall: (1) Keep and maintain public records required by the Customer to perform the service. (2) Upon request from the Customer's Custodian of Public Records, provide the Customer with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if UniFirst does not transfer the records to the Customer. (4) Upon completion of the contract, transfer, at no cost, to the Customer all public records in possession of UniFirst or keep and maintain public records required by the Customer to perform the service. If UniFirst transfers all public records to the Customer upon completion of the contract, UniFirst shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If UniFirst keeps and maintains public records upon completion of the contract, UniFirst shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Customer, upon request from the Custodian of Public Records, Page 2 of 4