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2016-199A
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2016-199A
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Last modified
2/16/2023 12:49:44 PM
Creation date
1/5/2017 1:42:10 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Abandonment
Approved Date
12/06/2016
Control Number
2016-199A
Agenda Item Number
8.H.
Entity Name
Guettler Brothers Construction, LLC
Subject
Emergency Dune Restoration
Area
Golden Sands, Wabasso Beach, Turtle Trail & Tracking Station Beach Park
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2017018 - Emergency Dune Restoration at County Beach Parks_Agreement-Guettler <br />9.04 Severability <br />A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law <br />or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and <br />binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be <br />reformed to replace such stricken provision or part thereof with a valid and enforceable provision <br />that comes as close as possible to expressing the intention of the stricken provision. <br />9.05 Venue <br />A. This Agreement 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 Agreement shall be <br />in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District <br />Court for the Southern District of Florida. <br />9.06 Public Records Compliance <br />A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor <br />shall comply with Florida's Public Records Law. Specifically, the Contractor shall: <br />(1) Keep and maintain public records required by the County to perform the service. <br />(2) Upon request from the County's Custodian of Public Records, provide the County with a <br />copy of the requested records or allow the records to be inspected or copied within a <br />reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise <br />provided by law. <br />(3) Ensure that public records that are exempt or confidential and exempt from public records <br />disclosure requirements are not disclosed except as authorized by law for the duration of the <br />contract term and following completion of the contract if the contractor does not transfer the <br />records to the County. <br />(4) Upon completion of the contract, transfer, at no cost, to the County all public records in <br />possession of the Contractor or keep and maintain public records required by the County to <br />perform the service. If the Contractor transfers all public records to the County upon completion <br />of the contract, the Contractor shall destroy any duplicate public records that are exempt or <br />confidential and exempt from public records disclosure requirements. If the contractor keeps <br />and maintains public records upon completion of the contract, the Contractor shall meet all <br />applicable requirements for retaining public records. All records stored electronically must be <br />provided to the County, upon request from the Custodian of Public Records, in a format that is <br />compatible with the information technology systems of the County. <br />B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF <br />CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO <br />PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE <br />CUSTODIAN OF PUBLIC RECORDS AT: <br />Page 31 of 41 <br />
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