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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 />