2023-140C - Laserfiche WebLink

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10.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that FLORIDA TECH or employees or sub -consultants of FLORIDA TECH are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 10.2 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.3 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 10.4 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 10.5 Counterparts. This agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 1o.6 Public Records Compliance COUNTY is a public agency subject to Chapter i19, Florida Statutes. FLORIDA TECH shall comply with Florida's Public Records Law. Specifically, FLORIDA TECH shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter iig or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if FLORIDA TECH does not transfer the records to the County. (4) Upon completion of the Agreement, transfer, at no cost, to the County all public records in possession of FLORIDA TECH or keep and maintain public records required by the County to perform the service. If FLORIDA TECH transfers all public records to the County upon completion of the Agreement, FLORIDA TECH shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If FLORIDA TECH keeps and maintains public records upon completion of the Agreement, FLORIDA TECH shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF FLORIDA TECH HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE