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2022-214
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2022-214
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Last modified
11/18/2022 4:30:54 PM
Creation date
11/14/2022 10:32:57 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
11/07/2022
Control Number
2022-221
Agenda Item Number
Signed by County Administrator
Entity Name
Colin Baenziger & Associates
Subject
Professional Services Contract for executive search services for the selection of
Indian River County’s Administrator
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RIVER COUNTY, FL. In the event of any litigation arising out of this Contract, the prevailing <br />party shall be entitled to recover from the non -prevailing party reasonable costs and attorney's fees. <br />13. Amendments: No Amendments or variation of the terms or conditions of this Contract shall be <br />valid unless in writing and signed by the parties. <br />14. Payments: County shall make payment within thirty (30) days of the County's receipt of an <br />invoice from the Contractor, unless the County notifies Contractor in writing of its objection to the <br />amount of such invoice, together with County's determination of the proper amount of such <br />invoice. The Parties shall undertake to resolve any disputed portion of such invoice within such <br />thirty (30) day period. If after thirty (30) days there is no resolution between the parties, the <br />County's determination shall be final. <br />15. Contractor's Representations: In order to induce County to enter into the Contract Contractor <br />makes the following representations: Contractor has demonstrated knowledge and experiences in <br />the performing executive searches for key personnel for local governments. <br />16. Indemnity: To the extent permitted by law, the Contractor shall indemnify and hold harmless the <br />County, its officers and employees, from liabilities, damages, losses and costs, including, but not <br />limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or <br />intentional wrongful misconduct of the Contractor and any persons employed or utilized by <br />Contractor in the performance of this Contract. <br />IT Invalid Provision: The invalidity or unenforceability of any particular provision of this Contract <br />shall not affect the other provisions hereof, and the Contract shall be construed in all respects as if <br />such invalid or unenforceable provisions were omitted. <br />18. Project Records: The Contractor shall maintain auditable records concerning the procurement <br />adequate to account for all receipts and expenditures, and to document compliance with the <br />specifications. These records shall be kept in accordance with generally accepted accounting <br />principles, and the County reserves the right to determine the record-keeping method in the event <br />of non -conformity. These records shall be maintained for five (5) years after final payment has <br />been made, and shall be readily available to County personnel with reasonable notice, and to other <br />persons in accordance with the Florida Public Disclosure Statutes. <br />19. Public Records: The Contractor shall allow public access to all documents, papers, letters, or <br />other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by <br />the Contractor in conjunction with this Agreement. Specifically, the Contractor shall: <br />a. Keep and maintain public records required by the County to perform the service. <br />b. 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 <br />reasonable time at a cost that does not exceed the cost provided in Section 119 Florida <br />Statutes or as otherwise provided by law. <br />C. 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 <br />the Agreement term and following completion of the Agreement if the Contractor does not <br />transfer the records to the County. <br />Page 4 of 7 <br />S:/ATTY/AGREEMNT/Colin Baenziger & Associates - 22 <br />
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