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2022-088A
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2022-088A
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Last modified
6/24/2022 11:55:27 AM
Creation date
6/24/2022 11:52:11 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/10/2022
Control Number
2022-088A
Agenda Item Number
8.A.
Entity Name
Witt O’Brien’s, LLC
Subject
Continuing Contract Agreement for Grant Consulting Services
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DocuSign Envelope ID: C38C5403-OB9D-4C32-9EA7-7B8EC4FOF825 <br />constitute a waiver of any other delinquency or default. If any legal action or other proceeding is brought for the <br />enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in <br />connection with any provisions of this Agreement, each party shall bear its own costs. <br />10.5 Severability. If any term or provision of this Agreement or the application thereof to any person or <br />circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then <br />the application of such term or provision to persons or circumstances other than those as to which it is held <br />invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be <br />deemed valid and enforceable to the extent permitted by law. <br />10.6 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability <br />of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. <br />10.7 No Pledge of Credit. The CONSULTANT shall not pledge the COUNTY's credit or make it a guarantor of <br />payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. <br />10.8 Survival. Except as otherwise expressly provided herein, each obligation In this Agreement to be <br />performed by CONSULTANT shall survive the termination or expiration of this Agreement. <br />10.9 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, <br />and shall not be deemed to expand, limit, or modify the provisions contained in such sections. All pronouns and <br />any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the <br />identity of the parties or parties may require. The parties hereby acknowledge and agree that each was properly <br />represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule <br />of construction to the effect that a legal document shall be construed against the draftsperson shall be <br />inapplicable to this Agreement. <br />10.10 Counterparts. This Agreement maybe executed in one or more counterparts, each of which shall be <br />deemed to be an original copy and all of which shall constitute but one and the same instrument. <br />10.11 Public Records Compliance <br />Indian River County is a public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply <br />with Florida's Public Records Law. Specifically, the CONSULTANT 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 the <br />requested records or allow the records to be inspected or copied within a reasonable time at a cost that does <br />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 disclosure <br />requirements are not disclosed except as authorized by law for the duration of the contract term and following <br />completion of the contract if the CONSULTANT does not transfer the records to the County. <br />(4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the <br />CONSULTANT or keep and maintain public records required by the County to perform the service. If the <br />CONSULTANT transfers all public records to the County upon completion of the contract, the CONSULTANT shall <br />destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure <br />requirements. If the CONSULTANT keeps and maintains public records upon completion of the contract, the <br />CONSULTANT shall meet all applicable requirements for retaining public records. All records stored <br />
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