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2015-025A
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2015-025A
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Last modified
5/7/2018 11:53:30 AM
Creation date
4/26/2016 12:09:47 PM
Metadata
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Template:
Official Documents
Official Document Type
Contract
Approved Date
02/17/2015
Control Number
2015-025A
Agenda Item Number
8.F.
Entity Name
Timothy Rose Construction
Subject
Contract/Specifications Old Dixie Sidewalk Improvements
Part 1
Area
38th Lane to 45th St.
Project Number
0845B
Bid Number
2014032
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A. No assignment by a party hereto of any rights under or interests in the Contract will be <br />binding on another party hereto without the written consent of the party sought to be <br />bound; and, specifically but without limitation, moneys that may become due and moneys <br />that are due may not be assigned without such consent (except to the extent that the <br />effect of this restriction may be limited by law), and unless specifically stated to the <br />contrary in any written consent to an assignment, no assignment will release or discharge <br />the assignor from any duty or responsibility under the Contract Documents. <br />10.03 Successors and Assigns <br />A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and <br />legal representatives to the other party hereto, its partners, successors, assigns, and legal <br />representatives in respect to all covenants, agreements, and obligations contained in the <br />Contract Documents. <br />10.04 Severability <br />A. Any provision or part of the Contract Documents held to be void or unenforceable under <br />any Law or Regulation shall be deemed stricken, and all remaining provisions shall <br />continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the <br />Contract Documents shall be reformed to replace such stricken provision or part thereof <br />with a valid and enforceable provision that comes as close as possible to expressing the <br />intention of the stricken provision <br />10.05 Venue <br />A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit <br />brought by either party against the other party or otherwise arising out of this Contract <br />shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the <br />United States District Court for the Southern District of Florida. <br />10.06 Public Records Compliance <br />A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The <br />Contractor shall comply with Florida's Public Records Law Specifically, the Contractor <br />shall <br />(1) Keep and maintain public records that ordinarily and necessarily would be required <br />by the County in order to perform the service. <br />(2) Provide the public with access to public records on the same terms and conditions <br />that the County would provide the records and at a cost that does not exceed the <br />cost provided in chapter 119 or as otherwise provided by law. <br />(3) Ensure that public records that are exempt or confidential and exempt from public <br />records disclosure requirements are not disclosed except as authorized by law <br />(4) Meet all requirements for retaining public records and transfer, at no cost, to the <br />County all public records in possession of the Contractor upon termination of the <br />Agreement and destroy any duplicate public records that are exempt or <br />confidential and exempt from public records disclosure requirements. All records <br />stored electronically must be provided to the County in a format that is compatible <br />with the information technology systems of the County <br />B. Failure of the Contractor to comply with these requirements shall be a material breach of <br />this Agreement. <br />00520 - Agreement (Public Works) FOR LAP PROJECTS - FOR CONTRACTOR <br />00520 - 8 <br />F' \Purchasing\Bids\2013-2014 FY (2014000)\2014032 Old Di de Hwy Sidewalks\00520 - Agreement (Public Works) FOR LAP PROJECTS - FOR CONTRACTOR.doc <br />
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