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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 />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, <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 />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 <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 />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 <br />County with a copy of the requested records or allow the records to be inspected or <br />copied 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 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 />public records that are exempt or confidential and exempt from public records <br />disclosure requirements. If the contractor keeps and maintains public records upon <br />completion of the contract, the Contractor shall meet all applicable requirements for <br />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 <br />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-ircgov.com <br />Indian River County Office of the County Attorney <br />1801 27th Street <br />00530-6 <br />