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09/09/2014
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09/09/2014
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Last modified
4/20/2018 2:57:47 PM
Creation date
3/23/2016 8:52:04 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
09/09/2014
Meeting Body
Board of County Commissioners
Book and Page
298
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FilePath
H:\Indian River\Network Files\SL00000E\S0004A4.tif
SmeadsoftID
14149
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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, inthe 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 ri 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 an requirements for retaining public records and transfer, at no cost, to the <br />County' 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 />[The remainder of this page was left blank intentionally] <br />00520 - Agreement (Public Works) REV 04-07 SAMPLE.doc <br />00520 - 8 <br />F:1Public Works\ ENGINEERING DIVISION PROJECTS10S30B 13th Street SW al 58th Ave Bndge&Adminlagenda items100520 - Agreement (Public Works) REV D4-07 <br />SAMPLE.doc <br />189 <br />
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