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2025-177
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2025-177
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Last modified
10/6/2025 12:30:05 PM
Creation date
10/6/2025 12:20:41 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/09/2025
Control Number
2025-177
Agenda Item Number
9.J.
Entity Name
State of Florida Department of Education,
Division of Blind Services
Subject
Agreement for Vending Machine Services at various County facilities and parks, RFP 2025054
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2025054 Vending Machine Services <br />Adams Park, NCAC or GAC]. <br />8.2. Covenants Against Assignment and Subletting. The Contractor shall not assign any portion of the <br />Agreement nor allow same to be assigned by operation of law without the express written approval of the <br />County. <br />8.3 Independent Contractor: The Contractor shall perform the conditions of this Agreement as an <br />independent contractor and nothing herein shall be construed to be inconsistent with this relationship or <br />status. Nothing in the Agreement shall be in any way construed to constitute the Contractor or any of his <br />agents or employees as the agent, employee, or representative of the County. <br />8.4 Additional Locations: Upon written agreement by the parties, this Agreement may include <br />additional concession locations at various other county parks. The terms of this Agreement shall form the <br />basis of any future written document, notwithstanding that a different term, location, and hours of <br />operation would apply. <br />8.5 Attorney's Fees: In the event of any legal action to enforce the terms of this Agreement each party <br />shall bear its own attorney's fees and costs. <br />8.6 Contractor is registered with and will use the Department of Homeland Security's E -Verify system <br />(www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of <br />this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining proof of <br />E -Verify registration and utilization for all subcontractors. <br />8.7 Governing Law: This Agreement shall be deemed to have been executed and entered into in the <br />State of Florida and this Agreement, and any dispute arising hereunder, shall be governed, interpreted <br />and construed according to the laws of the State of Florida. <br />8.8 Venue: Venue for any legal action brought by any party to this Agreement to interpret, construe or <br />enforce this Agreement shall be in a court of competent jurisdiction in and for Indian River County, <br />Florida, and any trial shall be non jury. <br />8.9 Public Entity Crimes: A person or affiliate who has been placed on the convicted vendor list <br />following a conviction for a public entity crime may not submit a bid on a contract to provide any goods <br />or services to a public entity, may not submit a bid on a contract with a public entity for the construction <br />or repair of a public building or public work, may not submit bids on leases of real property to a public <br />entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under <br />a contract with a public entity, and may not transact business with any public entity in excess of Category <br />Two for a period of thirty-six (36) month from the date of being placed on the convicted vendor list. <br />Contractor represents and warrants that no fact or circumstance exists which constitutes a violation of <br />the above prohibitions. <br />8.10 Modification: No modification of this Agreement shall be binding on the County or the Contractor <br />unless reduced to writing and signed by a duly authorized representative of the County and the <br />Contractor. <br />8.11 Emergencies: In the case of a declared emergency in Indian River County by the Board of County <br />Commissioners, the County retains the right to immediately resume occupation, management, and <br />maintenance of the facility, to use the facility to meet any emergency needs of the citizens of Indian River <br />County for the period of that emergency and a reasonable period of time thereafter as deemed necessary <br />4 <br />
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