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9.6 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, reasonable <br /> attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful <br /> misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in <br /> the performance of the construction contract. <br /> 9.7 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 form <br /> of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation <br /> 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 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 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 <br /> 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 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 /> D. 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 <br /> County to perform the service. If the Contractor transfers all public records to the County <br /> upon completion of the contract, the Contractor shall destroy any duplicate public <br /> records that are exempt or confidential and exempt from public records disclosure <br /> requirements. If the contractor keeps and maintains public records upon completion of <br /> the contract, the Contractor shall meet all applicable requirements for retaining public <br /> records. All records stored electronically must be provided to the County, upon request <br /> from the Custodian of Public Records, in a format that is compatible with the information <br /> technology systems of the County. <br /> E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF <br /> CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE <br /> PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN <br /> OF PUBLIC RECORDS AT: <br /> (772) 226-1424 <br /> publicrecords(aircgov.com <br /> Indian River County Office of the County Attorney <br /> 1801 27th Street <br /> Vero Beach, FL 32960 <br /> 00530-7 <br /> Addendum 1 <br />