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08/16/2022
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08/16/2022
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Last modified
10/28/2022 2:41:33 PM
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10/28/2022 1:40:45 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
08/16/2022
Meeting Body
Board of County Commissioners
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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 COORDINATOR, who agree that the Contract Documents shall be <br />reformed to replace such stricken provision or part thereof with a valid and enforceable provision <br />that comes 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 <br />COORDINATOR shall comply with Florida's Public Records Law. Specifically, the COORDINATOR <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 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 COORDINATOR does not transfer <br />the 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 COORDINATOR or keep and maintain public records required by the County to <br />perform the service. If the COORDINATOR transfers all public records to the County upon <br />completion of the contract, the COORDINATOR shall destroy any duplicate public records that are <br />exempt or confidential and exempt from public records disclosure requirements. If the <br />COORDINATOR keeps and maintains public records upon completion of the contract, the <br />COORDINATOR 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 Public <br />Records, in a format that is compatible with the information technology systems of the County. <br />B. IF THE COORDINATOR HAS QUESTIONS REGARDING THE APPLICATION OF <br />CHAPTER 119, FLORIDA STATUTES, TO THE COORDINATOR'S DUTY TO <br />PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE <br />CUSTODIAN OF PUBLIC RECORDS AT: <br />(772) 226-1424 <br />M. <br />
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