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2022-009
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Last modified
2/8/2022 11:32:44 AM
Creation date
2/7/2022 10:33:54 AM
Metadata
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Template:
Official Documents
Official Document Type
Contract
Approved Date
01/11/2022
Control Number
2022-009
Agenda Item Number
8.O..
Entity Name
OHL, USA, Inc. and Subsidiaries
Subject
6th Avenue Milling and Resurfacing from U.S. 1/S.R. 5 to 21st Street
Project Number
IRC-1638
Bid Number
2022008
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that the Contract Documents shall be reformed to replace such stricken provision or <br />part thereof with a valid and enforceable provision that comes as close as possible to <br />expressing the intention of the stricken provision. <br />10.05 Venue <br />A. This Contract shall be governed by the laws of the State of Florida. Venue for any <br />lawsuit brought by either party against the other party or otherwise arising out of this <br />Contract shall be in Indian River County, Florida, or, in the event of a federal <br />jurisdiction, in the United States District Court for the Southern District of Florida. <br />10.06 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 <br />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 <br />a 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 />(3) Ensure that public records that are exempt or confidential and exempt from public <br />records disclosure requirements are not cisclosed except as authorized by law for the <br />duration of the contract term and following completion of the contract if the contractor does <br />not transfer the records to the County. <br />(4) 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 County <br />to perform the service. If the Contractor transfers all public records to the County upon <br />completion of the contract, the Contractor shall destroy any duplicate public records that <br />are exempt or confidential and exempt from public records disclosure requirements. If the <br />contractor keeps and maintains public records upon completion of the contract, the <br />Contractor shall meet all applicable requirements for retaining public records. All records <br />stored electronically must be provided to the County, upon request from the Custodian of <br />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 <br />APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE <br />CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING <br />TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC <br />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 />Vero Beach, FL 32960 <br />00520 - Agreement (Public Works) REV 9-2020 <br />00520-8 <br />F:\Purchasing\Bids\2021-2022 FY (2022000)\2022008 6th Ave Resurfacing IRC -163800520 - Agreement (Public Works) REV 9-2020.doc <br />
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