|
EXHIBIT C
<br /> STANDARD TERMS FOR GRANT CONTRACT
<br /> 1 . Notices: Any notice , request, demand , consent, approval or other communication required or
<br /> permitted by this Contract shall be given or made in writing , by any of the following methods:
<br /> facsimile transmission ; hand delivery to the other party; delivery by commercial overnight courier
<br /> service ; or mailed by registered or certified mail (postage prepaid), return receipt requested at the
<br /> addresses of the parties shown below:
<br /> County: Brad E . Bernauer, Indian River County Human Services Director
<br /> 1801 27th Street, Vero Beach , Florida 32960 .
<br /> Recipient: Early Learning Coalition of Indian River, Martin , Okeechobee Counties , Inc. ,
<br /> 10 Central Parkway, Suite 400 , Stuart, FL 34994 ; Attention: Nancy Kline , Director
<br /> 2. Venue : Choice of Law: The validity, interpretation , construction , and effect of this Contract
<br /> shall be in accordance with and governed by the laws of the State of Florida, only. The location for
<br /> settlement of any and all claims , controversies, or disputes, arising out of or relating to any part of
<br /> this Contract, or any breach hereof, as well as any litigation between the parties, shall be Indian
<br /> River County, Florida for claims brought in state court, and the Southern District of Florida for those
<br /> claims justifiable in federal court.
<br /> 3. Entirety of Agreement: This Contract incorporates and includes all prior and
<br /> contemporaneous negotiations , correspondence, conversations , agreements , and understandings
<br /> applicable to the matters contained herein and the parties agree that there are no commitments,
<br /> agreements , or understandings concerning the subject matter of this Contract that are not
<br /> contained herein . Accordingly, it is agreed that no deviation from the terms hereof shall be
<br /> predicated upon any prior representations or agreements , whether oral or written . It is further
<br /> agreed that no modification , amendment or alteration in the terms and conditions contained herein
<br /> shall be effective unless contained in a written document signed by both parties .
<br /> 4. Severability: In the event any provision of this Contract is determined to be unenforceable or
<br /> invalid , such unenforceability or invalidity shall not affect the remaining provisions of this Contract,
<br /> and every other term and provision of this Contract shall be deemed valid and enforceable to the
<br /> extent permitted by law. To that extent, this Contract is deemed severable .
<br /> 5. Captions and Interpretations : Captions in this Contract are included for convenience only and
<br /> are not to be considered in any construction or interpretation of this Contract or any of its
<br /> provisions. Unless the context indicates otherwise, words importing the singular number include
<br /> the plural number, and vice versa . Words of any gender include the correlative words of the other
<br /> genders , unless the sense indicates otherwise.
<br /> 6. Independent Contractor. The Recipient is and shall be an independent contractor for all
<br /> purposes under this Contract. The Recipient is not an agent or employee of the County, and any
<br /> and all persons engaged in any of the services or activities funded in whole or in part performed
<br /> pursuant to this Contract shall at all times and in all places be subject to the Recipient's sole
<br /> direction , supervision , and control .
<br /> 7. Assignment. This Contract may not be assigned by the Recipient without the prior written
<br /> consent of the County.
<br /> 1
<br />
|