|
of
<br />C -1
<br />40
<br />6. The CONTRACTOR shall not add moisture to increase the weight of the material
<br />prior to shipping.
<br />7, Any changes in the services provided shall be agreed upon by both the COUNTY and
<br />the CONTRACTOR and shall be covered by a Modification Agreement stipulating
<br />the change in the Contract.
<br />8, The CONTRACTOR shall indemnify, hold harmless, and defend the COUNTY, its
<br />Officers, agents, and employees, and anyone directly or indirectly employed by the
<br />COUNTY, from and against any and all liabilities, losses, claims, damages, demands,
<br />expenses or actions, either at law or in equity, including court cost and attorneys'
<br />fees, that may be made or brought by anyone on account of personal injury, property
<br />damage, loss of monies, or other loss, to the extent caused or incurred, as a result of
<br />any negligent, fraud or defalcation by the CONTRAC'T'OR, or anyone performing any
<br />act required by the CONTRACTOR in connection with performance of the Contract
<br />awarded pursuant to this Bid.
<br />9. During the performance of this Agreement, the CONTRACTOR herein assures the
<br />COUNTY that said CONTRACTOR is in compliance with Title VII of the 1964 Civil
<br />Rights Act, as amended, and the Florida Civil Rights Act of 1992 in that the
<br />CONTRACTOR does not on the grounds of race, color, national origin, religion, sex,
<br />age, handicap or marital status, discriminate in any form or manner against said
<br />CONTRACTOR'S employees or applicants for employment. The CONTRACTOR.
<br />understands and agrees that this Agreement is conditioned upon the veracity of this
<br />Statement of Assurance. Furthermore, the CONTRACTOR herein assures the
<br />COUNTY that said CONTRACTOR will comply with Title VI of the Civil Rights
<br />Act of 1964 when Federal grant(s) is/are involved. Other applicable Federal and
<br />State laws, executive orders and regulations prohibiting the type of discrimination as
<br />herein above delineated are included by this reference thereto. This Statement of
<br />Assurance shall be interpreted to include Vietnam Era Veterans and Disabled
<br />Veterans within its protective range of applicability,
<br />10. This Agreement shall be contingent upon the CONTRACTOR furnishing the
<br />COUNTY, when required, a Certificate of Insurance, Performance Bond, Payment
<br />Bond, and any other such documents as required in this Contract within ten (10) days
<br />after the execution of this Agreement.
<br />11. This Agreement may only be amended or modified by a written instrument executed
<br />by the COUNTY and the CONTRACTOR.
<br />12. Unless otherwise specified, this Agreement shall be governed by the laws, rules, and
<br />regulations of Florida, or the laws, rules, and regulations of the United States when
<br />providing services funded by the United States government and venue shall be in
<br />Indian River County, Florida,
<br />13. Unless the CONTRACTOR'S breach is waived the COUNTY may, upon the giving
<br />written notice, terminate this Agreement for said breach. Waiver of a breach of any
<br />provision of this Agreement shall not be deemed to be a waiver of any other breach;
<br />nor shall it be construed to be a modification of the Agreement. Notwithstanding the
<br />COUNTY reserves the right to terminate the contract at anytime, with or without
<br />cause, upon one -hundred and eighty (180) days advanced notice to the
<br />CONTRACTOR. The aforesaid termination notice shall be considered received by
<br />the CONTRACTOR and the COUNTY if delivered in person with written proof
<br />thereof, or when deposited in the U.S. Mail, in a prepaid wrapped envelope marked
<br />certified, return receipt requested.
<br />Page 2 of 3
<br />
|