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2022-234
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2022-234
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Last modified
12/12/2022 11:36:45 AM
Creation date
12/12/2022 11:35:42 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/15/2022
Control Number
2022-234
Agenda Item Number
8.F.
Entity Name
Kimley-Horn and Associates, Inc.
Subject
Agreement for 2024 Evaluation and Appraisal Report (EAR) Amendment
and Manatee Protection Plan (MPP) Update, RFP 2023003
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OWNER and CONSULTANT, who agree that the Contract Documents shall be reformed to replace such <br />stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to <br />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 CONSULTANT shall <br />comply 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 <br />the requested records or allow the records to be inspected or copied within a reasonable time at a cost <br />that does 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 <br />disclosure requirements are not disclosed except as authorized by law for the duration of the contract <br />term and following completion of the contract if the CONSULTANT does not transfer the records to the <br />County. <br />(4) Upon completion of the contract, transfer, at no cost, to the County all public records in <br />possession of the CONSULTANT or keep and maintain public records required by the County to perform <br />the service. If the CONSULTANT transfers all public records to the County upon completion of the contract, <br />the CONSULTANT shall destroy any duplicate public records that are exempt or confidential and exempt <br />from public records disclosure requirements. If the CONSULTANT keeps and maintains public records <br />upon completion of the contract, the CONSULTANT shall meet all applicable requirements for retaining <br />public records. All records stored electronically must be provided to the County, upon request from the <br />Custodian of Public Records, in a format that is compatible with the information technology systems of <br />the County. <br />B. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER <br />119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC <br />RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC <br />RECORDS AT: <br />(772) 226-1424 <br />publicrecords@ircgov.com <br />Indian River County Office of the County Attorney <br />180127 th Street <br />4 <br />
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