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05/16/2017 (3)
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05/16/2017 (3)
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Last modified
4/29/2025 1:38:58 PM
Creation date
7/17/2017 11:10:19 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
05/16/2017
Meeting Body
Board of County Commissioners
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consent of the OWNER and concurred to by the sureties. Any attempted assignment shall <br />be void and may, at the option of the OWNER be deemed an event of default hereunder. <br />Nothing herein shall be construed as creating any personal liability on the part of any <br />officer or agent of the OWNER who may be a party hereto. <br />9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal <br />representatives to the other party hereto, its partners, successors, assigns and legal <br />representatives in respect of all covenants, agreements and obligations contained in the <br />Contract Documents. <br />9.4 The CONTRACTOR shall be properly licensed to practice'its trade or trades which are <br />involved in the completion of this Agreement and the work1hereunder. <br />9.5 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 <br />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 />9.6 The CONTRACTOR shall indemnify and;hold'.harmles*§.Jhe County, and:its officers and <br />employees, from liabilities, damages;'; losses and: costs, including, but.not limited to, <br />xt <br />reasonable attorney's fees, to the eent ;caused 6y4he negiigence;.recklessness, or <br />intentional wrongful misconduct f, the CONTRACTOR and persons employed or utilized <br />by the CONTRACTOR in the performance 4 the construction contract. <br />9.7 Pledge of Credit. The CONTRACT:,OR'shall not pledge the OWNER'S credit or make it a <br />guarantor of payment or surety for any A'gr'eement; debt, obligation, judgment, lien or any <br />form of indebtedness;-Th6 C.ONTRACTORAkher warrants and represents that it has no <br />obligation of indebtedness that,would impair its ability to fulfill the terms of this Agreement. <br />9.8. 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 shali comply with Florida's Public Records Law. Specifically, <br />:.the Contractor shall- <br />1:''`I<eepand°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 <br />a copy of therequested records or allow the records to be inspected or copied within <br />a reasonable''.time at a cost that does not exceed the cost provided in Chapter 119 or <br />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 for the <br />duration of the contract term and following completion of the contract if the contractor <br />does not transfer the records to the County. <br />4. Upon completion of the contract, transfer, at no cost, to the County all public records <br />in possession of the Contractor or keep and maintain public records required by the <br />County to perform the service. If the Contractor transfers all public records to the <br />County upon completion of the contract, the Contractor shall destroy any duplicate <br />00530-7 <br />P182 <br />
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