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i <br />40 <br />Waiver <br />No delay or failure to exercise any right, power or remedy accruing to either party upon breach or <br />default by either party under this Agreement, shall impair any such right, power, or remedy of either <br />party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any <br />similar breach or default thereafter. <br />20. Taxes <br />The GRANTEE recognizes that the State of Florida, by virtue of its sovereignty, is not required to <br />pay any taxes on the services or goods purchased under the terms of this Agreement. <br />21. Rights of Third Parties <br />This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest <br />in any third party without the mutual written agreement of the parties hereto. <br />22. Assignment <br />This Agreement is an exclusive agreement for services and may not be assigned in whole or in part <br />without the written approval of the COMMISSION. <br />23. Subcontracting <br />The GRANTEE agrees to be responsible for the fulfillment of all work elements included in any <br />subcontract consented to by the COMMISSION and agrees to be responsible for the payment of all <br />monies due under any subcontract. It is understood and agreed by the GRANTEE that the <br />COMMISSION shall not be liable to any subcontractor for any expenses or liabilities incurred <br />under the subcontract and that the GRANTEE shall be solely liable to the subcontractor for all <br />expenses and liabilities incurred under the subcontract. <br />24. P.R.I.D.E. <br />It is expressly understood and agreed that any articles which are the subject of, or required to carry <br />out, this Agreement shall be purchased from the corporation identified under chapter 946, Florida <br />Statutes, if available, in the same manner and under the same procedures set forth in Section <br />946.515(2), (4), Florida Statutes; and for the purposes of this Agreement the person, firm or other <br />business entity carrying out the provisions of this Agreement shall be deemed to be substituted for <br />this agency insofar as dealings with such corporation are concerned. <br />This "corporation identified' is PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED <br />ENTERPRISES, INC. (P.R.I.D.E) which may be contacted at: <br />P.R.I.D.E. <br />12425 281h Street North <br />St. Petersburg, Florida 33716 <br />Telephone: (727) 572-1987 <br />25. Prohibition against Contingent Fees <br />The GRANTEE warrants that it has not employed or retained any company or person, other <br />than a bona fide employee working solely for the GRANTEE to solicit or secure this <br />Agreement and that it has not paid or agreed to pay any person, company, corporation, <br />individual, or firm, other than a bona fide employee working solely for the GRANTEE any <br />fee, commission, percentage, gift or other consideration contingent upon or resulting from the <br />award or making of this Agreement. <br />DV#00-I i FWCC 00068 <br />Page 7 of 10 <br />
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