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2022-253B
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Last modified
12/22/2022 11:47:09 AM
Creation date
12/22/2022 11:46:33 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/20/2022
Control Number
2022-253B
Agenda Item Number
8.L.
Entity Name
Guettler Brothers Construction, Inc.
Subject
Agreement for Post Hurricane County Park Emergency Dune Repairs
at Various County Beach Parks
Project Number
IRC-2227
Bid Number
2023014
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such consent (except to the extent that the effect of this restriction may be limited by law), and <br />unless specifically stated to the contrary in any written consent to an assignment, no assignment <br />will release or discharge the assignor from any duty or responsibility under the Contract Documents. <br />9.03 Successors and Assigns <br />A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal <br />representatives to the other party hereto, its partners, successors, assigns, and legal representatives <br />in respect to all covenants, agreements, and obligations contained in the Contract Documents. <br />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 />
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