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be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States <br /> District Court for the Southern District of Florida <br /> 96 The CONTRACTOR shall indemnify and hold harmless the County, and its officers and <br /> employees, from liabilities, damages, losses and costs, including, but not limited to, <br /> reasonable attorney's fees, to the extent caused by the negligence, recklessness, or <br /> intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by <br /> the CONTRACTOR in the performance of the construction contract. <br /> 97 Pledge of Credit. The CONTRACTOR shall not pledge the OWNER'S credit or make it a <br /> guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien or any <br /> form of indebtedness The CONTRACTOR further warrants and represents that it has no <br /> obligation of indebtedness that would impair its ability to fulfill the terms of this Agreement. <br /> 98. Counterparts This Agreement may be executed in one or more counterparts, but all such <br /> counterparts, when duly executed, shall constitute one and the same Agreement. <br /> 9.9 Public Records. Indian River County is a public agency subject to Chapter 119, Florida <br /> Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the <br /> Contractor shall <br /> A. Keep and maintain public records required by the County to perform the service <br /> B Upon request from the County's Custodian of Public Records, provide the County <br /> with a copy of the requested records or allow the records to be inspected or copied <br /> within a reasonable time at a cost that does not exceed the cost provided in <br /> Chapter 119 or as otherwise provided by law <br /> C. 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 for <br /> the duration of the contract term and following completion of the contract if the <br /> contractor does not transfer the records to the County. <br /> D. Upon completion of the contract, transfer, at no cost, to the County all public <br /> records in possession of the Contractor or keep and maintain public records <br /> required by the County to perform the service. If the Contractor transfers all public <br /> records to the County upon completion of the contract, the Contractor shall destroy <br /> any duplicate public records that are exempt or confidential and exempt from public <br /> records disclosure requirements If the contractor keeps and maintains public <br /> records upon completion of the contract, the Contractor shall meet all applicable <br /> 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 <br /> format that is compatible with the information technology systems of the County <br /> E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE <br /> APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO <br /> THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS <br /> RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN <br /> OF PUBLIC RECORDS AT: <br /> (772) 226-1424 <br /> publicrecords(a)-ircgovxom <br /> 00530-7 <br />