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2022-125
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2022-125
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Last modified
8/2/2022 2:42:22 PM
Creation date
7/21/2022 1:59:15 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/05/2022
Control Number
2022-125
Agenda Item Number
8.F.
Entity Name
Custom Welding Diversified, Inc.
Subject
Relocation of Fire Tower from 4330 4th Street Vero Beach, FL
to 16955 Fellsmere Grade Road, Fellsmere, FL
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9.04 Severability <br />A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law <br />or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and <br />binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed <br />to replace such stricken provision or part thereof with a valid and enforceable provision that comes <br />as close as possible to 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 <br />by either party against the other party or otherwise arising out of this Agreement shall be in Indian <br />River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for <br />the Southern District 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 <br />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 <br />records disclosure requirements are not disclosed except as authorized by law for the duration of <br />the 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 <br />the County, upon request from the Custodian of Public Records, in a format that is compatible <br />with the information technology systems of the County. <br />B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF <br />CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO <br />PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE <br />CUSTODIAN OF PUBLIC RECORDS AT: <br />5 <br />
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