HomeMy WebLinkAbout2019-119Agreement
THIS AGREEMENT ("Agreement" or "Contract") made and entered into this 13th day of Aug l�t-
2019 , by and between Department of Education/Division of Blind Services, hereinafter
called the Contractor or Contractor and Indian River County, 1801 27th St. Vero Beach, FL. hereinafter
called the County.
WITNESSED: That whereas, the COUNTY and the CONTRACTOR agree as set forth below:
1. BASIC AGREEMENT
As per specifications of advertised and sealed Indian River County Request for Proposal # 2019030:
It is hereby agreed that Contractor is granted the exclusive right to securely install, maintain, repair,
and insure up to three vending machines ("vending machines") and exclusive right to sell vended items
through vending machines at the following locations Intergenerational Recreation Facility ("IG
Building"), North County Aquatic Center, Gifford Aquatic Center and the Public Shooting Range at no
cost or obligation to the County. Other facilities may be designated by the County. There will be no
County participation in the operation or maintenance of the vending machines.
2. PAYMENT TO COUNTY
As set forth in their proposal, Contractor will provide the following compensation to the County in
return for the ability to place the vending machines at the IG Building, North County Aquatic Center,
Gifford Aquatic Center and the Public Shooting Range:
12% of monthly proceeds to the County
$ 100.00 Minimum monthly guaranteed to the County
3. FILLING THE MACHINE
It shall be the responsibility of the Contractor to maintain sufficient supplies, to include food,
beverages and cash to provide change as necessary in the machine.
4. ELECTRICAL REQUIREMENTS
The County shall be responsible for the electrical line installation (standard 110 volt outlet), and the
ongoing monthly cost for electrical service. Contractor, at its discretion and expense, shall connect the
machine through a wireless device, if necessary.
5. INSTALLATION & MAINTENANCE
Contractor shall install or contract installation of the machine. For insurance requirements and
security purposes, the machine must be secured to the rear wall utilizing braces. Contractor shall
provide all labor involved with service and maintenance of the machine, including supplies. Contractor
shall provide customer help and technical support within business hours of the day notification is
received. A Toll Free number shall be prominently displayed on the front of the machine for customers
to call for assistance.
6. SIGNAGE & PRICES
Contractor shall be allowed to erect signage, subject to review and approval by the County, as
necessary to attract business. Signage shall not be placed in view from the exterior of the building. The
County and Contractor agree that prices charged for snacks and drinks shall not exceed retail prices
prevailing in comparable circumstances in the local community.
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7. TERM OF AGREEMENT
This Agreement shall be in effect for a term of thirty six (36) months. The County retains the right to
automatically renew this Agreement with the consent of Contractor, under the same terms and
conditions, for two additional twelve (12) month terms. Additional terms and/or services may be
added to this Agreement upon satisfactory negotiation of terms between the County and Contractor.
Contractor must receive written notification from the County to cancel no less than 60 days prior to
the end of the initial term. Upon removal of the machine, Contractor is not responsible for restoring
the County's property to its pre -installation condition (i.e. replacing flooring), unless caused by
Contractor's negligence or intentional damage. Contractor shall maintain all necessary licensure
required by local, state and federal authorities for the duration of the Agreement.
8. TERMINATION
The parties agree that this Agreement may be cancelled by either party with 30 days' written notice.
TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities
of respondent as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List,
created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In
addition, if this Agreement is for goods or services of one million dollars or more, CONTRACTOR
certifies that it and those related entities of respondent as defined above by Florida law are not on
the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in
the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and
are not engaged in business operations in Cuba or Syria.
COUNTY may terminate this Contract if CONTRACTOR is found to have submitted a false certification
as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with
Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida
Statutes.
COUNTY may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries,
majority-owned subsidiaries, and parent companies that exist for the purpose of making profit is found
to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott
of Israel as set forth in section 215.4725, Florida Statutes.
9. LIABILITY INSURANCE AND INDEMNIFICATION
Contractor shall insure the machine and the cash and supplies used to load it. Contractor shall name
the County as an additional insured party under its commercial general liability insurance policy and
supply the County with proof of insurance. Neither the County nor the Contractor elects to indemnify
the other or the vendor from any claim, suit, judgment, debt, or damages, arising out of performance
or failure to perform or negligent or wrongful acts or omissions under this Agreement of any of its
employees, servants, or agents acting within the employee's, servant's or agent's office under this
Agreement. Neither the County nor the Contractor waives its sovereign immunity, except to the
extent provided by law. Nothing in this Agreement may be construed as the consent of the County or
the Contractor to be sued by the other or the vendor in any matter arising out of this Agreement. This
section shall survive the termination of this Agreement.
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10. ASSIGNMENT OF AGREEMENT
If Contractor is unable to provide the services outlined in this Agreement, Contractor has the right to
assign this Agreement to a third -party provider approved by the County prior to the assignment date.
Any assignment would be for the same terms and conditions as the original Agreement. If Contractor
agrees to the servicing of the vending machines by a suitable agent, a licensed blind vendor, who may
be replaced over time by another blind vendor. He or she may employ assistants as may be necessary
to carry on this business in a satisfactory manner. If circumstances are such that no blind vendor is
available to service the location, the Contractor reserves the right to assign a private company to
service the vending machines as long as needed.
11. VENUE
This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought
by either party against the other party or otherwise arising out of this agreement shall be in Indian
River County, Florida, or in the event of federal jurisdiction, in the United States District Court for the
Southern District of Florida.
12. MACHINE LOCATIONS
The vending machines shall be located at the designated sites:
Intergenerational Recreation Facility at 1590 9th St SW, Vero Beach
North County Aquatic Center at 9450 CR 512, Sebastian
Gifford Aquatic Center at 4895 43rd Ave, Vero Beach
Public Shooting Range at 10455 102nd Terrace, Sebastian
13. PUBLIC RECORDS COMPLIANCE
A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall
comply with Florida's Public Records Law. Specifically, the Contractor shall:
(1) Keep and maintain public records required by the County to perform the service.
(2) Upon request from the County's Custodian of Public Records, provide the County with a
copy of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by
law.
(3) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the
records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the Contractor or keep and maintain public records required by the County to
perform the service. If the Contractor transfers all public records to the County upon completion
of the contract, the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the contractor keeps and
maintains public records upon completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided to the
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County, upon request from the Custodian of Public Records, in a format that is compatible with
the information technology systems of the County.
B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
(772) 226-1424
publicrecords@ircgov.com
Indian River County, Office of the County Attorney
1801 27th Street
Vero Beach, FL 32960
C. Failure of the Contractor to comply with these requirements shall be a material breach of this
Agreement.
IN WITNESS WHEREOF, the undersigned duly authorized representatives of the parties have executed
this Agreement.
CONTRACTOR
Richard Corcoran, F
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. Brown, County Administrator
Approve to Form and Legal Sufficiency
By: !/ •__--
ounty Attorney
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(tdian River County, Florida
BOARD OF COUNTY C0MMISSIO aZ,.
Bob Solari, BCC Chairman
Approved by BCC August 13 , 204,9. �'°
Attest:
Jeffrey R. Smith, Clerk of the Circuit
Court Comptroll-r
State Board of Education
Marva Johnson, Chair
Andy Tuck, Vice Choir
Members
Ben Gibson
Tom Grady
Michael Olenick
Andrew Pollack
Joe York
FLORIDA DEPARTMENT OF
i i��i
fldoe.org Richard Corcoran
Commissioner of Education
January 9, 2019
MEMORANDUM
TO: Alex Kelly, Chief of Staff
FROM: Richard Corcoran, Commissioner
SUBJECT: Delegation of Authority
Pursuant to the authority vested in me by section 20.05(1)(b), Florida Statutes, I hereby delegate to
you, in your capacity as Chief of Staff, the power to act on my behalf in all matters, except those
explicitly required by the applicable law to be non -delegable and to be carried out by me in my
capacity as Commissioner of Education. This delegation supercedes any prior delegations of
authority relating to these matters. This delegation of authority includes the authority to sign
contracts.
In exercising this authority, you shall comply with all applicable laws and rules. This delegation
shall remain in effect until superceded or rescinded.
Richard Corcoran, Commissioner
Matthew Mears, General Co nsel
AVL i?
Date
9-19
Date
www.fldoe.org
325 W. Gaines Street l Tallahassee, FL 32399-0400 J 850-245-0505