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2018-268
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2018-268
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Last modified
1/4/2021 2:54:44 PM
Creation date
12/7/2018 12:38:11 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/04/2018
Control Number
2018-268
Agenda Item Number
8.I. (6 of 7)
Entity Name
Tierra South Florida
Subject
Geotechnical Engineering Services
Bid Number
RFQ 2018042 IRC-1812
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10.6 Availability of Funds. The obligations of the COUNTY under this Agreement are <br />subjectto the availability of funds lawfully appropriated for its purpose by the Board of County <br />Commissioners. of Indian River County. <br />10.7. No Pledge of Credit. The CONSULTANT shall not pledge the COUNTY's.credit or <br />make it a guarantor of payment or surety for any contract, debt, obligation, judgment, 'liehil or <br />anyform of indebtedness. <br />10.8 Survival. Except 'as otherwise expressly provided herein, each obligation In this <br />Agreement to be performed by CONSULTANT shall survive the termination or expiration of <br />this Agreement. <br />10.9 Construction. The headings of the sections of this Agreement are for the purpose: <br />of convenience only, and shall not be deemed to :expand, limit, or modify the provisions <br />.contained in such sections. All pronouns.and any va ri ati ons. thereof shall be deemed to refer <br />:to the masculine, feminine or neuter, singular or plural, as the identity of the:parties or parties . <br />may require. The parties hereby acknowledge and agree that each was properly represented <br />. ..... . ...... <br />by counsel and this Agreement was negotiated and drafted atarm's=length so that the judicial <br />rule :of construction to the effect that a legal document shall be construed 'against the <br />draftsperson shall be inapplicable to_this Agreement. <br />10.10 Counterparts. This Agreement maybe executed in one or more counterparts, each of <br />which. shall be deemed to be an original copy'and all of which shall constitute but :one and the <br />same instrument. <br />10.11. 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. 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.C:ounty with a <br />copy.of the requested records or allow the records to be inspected or copied within a reasonable <br />time at a cost that does not exceed the cost provided in Chapter 119 or as: otherwise provided by <br />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 and <br />maintains public records upon completion of .the contract, the Contractor shall meet all applicable <br />_requirements for retaining public records.. All records stored electronically must.be provided to the <br />County, upon request from the Custodian of Public Records, in a format that is compatible with. <br />the information technology systems of the County. <br />11 <br />
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