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2021-004B
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Last modified
3/8/2021 12:41:40 PM
Creation date
1/29/2021 9:57:12 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
01/05/2021
Control Number
2021-004B
Agenda Item Number
8.G.
Entity Name
Jay Ammon Architect, Inc.
Subject
Agreement for Professional Roof Design and Evaluation Consulting Services
RFQ No. 2020031
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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, lien, 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 variations 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 />by counsel and this Agreement was negotiated and drafted at arm'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 may be 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 County 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 />FAPublic Works\ENGINEERING DIVISION PROJECTS\2005 Prof Roof Design, Eval, and Constr. Oversite <br />Services\1-Admin\Agenda Items\Award of Bid\Agreements\IRC-2005_JAMMON AGREEMENT_20210105.docx <br />
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