Reso 2011-1661 - Laserfiche WebLink

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for the agency insofar as dealings with such corporation are concerned" Additional information about PRIDE and the products it offers is available at http://wwv...pridefl.com. 41. Products A"aUable from the Blind or Otber Handicapped. Section 413.036(3), F.S. requires the following statement to be included in the solicitation: "It is expressly Wlderstood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the Blind or for the Severely Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in section 413.036{1) and (2), Florida Statutes;' and for pllIpOses of this contract the person, firm, or other business entity carrying out the provisions of this contract shaIl be deemed to be substituted for the State agency insofar as dealings with such qualified nonprofit agency Ilt'e concerned. n Additional information about the designated nonprofit agency and the products it offers is available at htto://www.Tesnectoffiorida.org. 42. Modification of Terms. The Contract contains all the terms and conditions agreed upon by the parties, which terms and ,conditions sball govern all transactions between the Customer and the Contractor. The Contract may only be modified or amended upon mutual written agreement of the Customer and the Contractor. No oral agreements or representations shall be valid or binding upon the Customer or the Contractor. No alteration or modification of the Contract tenns, including substitution of product, shall be valid or binding against the Customer. The Contractor may Dot unilaterally modify the tenns of the Contract by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, "shrink: wrap" terms accompanying or affixed to a product, whether written or electronic) or by incoIporating such terms onto the Contractor's order or fiscal forms or other documents forwarded by the Contractor for payment The Customer's acceptance of product or processing of documentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions. 43. Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, other entities may be permitted to make purchases at the terms and conditions contained herein. Non-CUstomer purchases are independent of the agreement between Customer and Contractor, and Customer shall not be a party to any transaction between the Contractor and any other purchaser. State agencies wishing to make purchases from this agreement are required to follow the provisions of s. 287.042(16)(a), F.S, This statute requires the Department of Management Services to determine that the requestors use of the contract is cost-effective and in the best interest of the State. 44. Waiver. The delay or failure by the Customer to exercise or enforce any of its rights under this Contract shall not constitute or be deemed a waiver of the Customer's right thereafter to enforce those rights, Dor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other-right. 45. Annual Appropriations. The State's performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature. 34 10\ I: 1,:\) ,,'\'1 ~ I;,) ,~ I, t..