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2021-161
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Last modified
10/19/2021 2:52:53 PM
Creation date
10/19/2021 2:50:30 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
10/05/2021
Control Number
2021-161
Agenda Item Number
8.P.
Entity Name
C.W. Roberts Contracting, Inc.
Subject
Agreement for Annual Asphalt Paving & Resurfacing Countywide
Bid Number
2020042
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Agreement <br />A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or <br />Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon <br />OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such <br />stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to <br />expressing the intention of the stricken provision. <br />9.05 Venue <br />A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by <br />either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, <br />Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District <br />of Florida. <br />9.06 Public Records Compliance <br />A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall <br />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 copy of <br />the requested records or allow the records to be inspected or copied within a reasonable time at a cost <br />that does not exceed the cost provided in Chapter 119 or as otherwise provided by 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 contract <br />term and following completion of the contract if the contractor does not transfer the records to the <br />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 perform the <br />service. If the Contractor transfers all public records to the County upon completion of the contract, the <br />Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from <br />public records disclosure requirements. If the contractor keeps and maintains public records upon <br />completion of 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 from the <br />Custodian of Public Records, in a format that is compatible with the information technology systems of <br />the County. <br />B. 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 OF <br />PUBLIC RECORDS AT: <br />(772) 226-1424 <br />publicrecords@ircgov.com <br />Page 4 of 17 <br />
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