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2024-153
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2024-153
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Last modified
7/18/2024 12:43:56 PM
Creation date
7/18/2024 12:19:19 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/02/2024
Control Number
2024-153
Agenda Item Number
8.R.
Entity Name
SCS Field Services
Subject
Agreement for Landfill Gas Flare Station and Piping
Area
1325 74th Avenue SW
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8.03 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 <br />representatives in respect to all covenants, agreements, and obligations contained in the <br />Contract Documents. <br />8.04 Severability <br />A. Any provision or part of the Contract Documents held to be void or unenforceable under any <br />Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to <br />be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract <br />Documents shall be reformed to replace such stricken provision or part thereof with a valid <br />and enforceable provision that comes as close as possible to expressing the intention of the <br />stricken provision. <br />8.05 Venue <br />A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit <br />brought by either party against the other party or otherwise arising out of this Agreement <br />shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the <br />United States District Court for the Southern District of Florida. <br />8.06 Public Records Compliance <br />A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The <br />Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor <br />shall: <br />(i) 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 <br />with a copy of the requested records or allow the records to be inspected or copied within <br />a reasonable time at a cost that does not exceed the cost provided in Chapter lig or as <br />otherwise provided by 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 <br />duration of the contract term and following completion of the contract if the contractor <br />does not transfer the records to the County. <br />(4) Upon completion of the contract, transfer, at no cost, to the County all public <br />records in possession of the Contractor or keep and maintain public records required by <br />the County to perform the service. If the Contractor transfers all public records to the <br />County upon completion of the contract, the Contractor shall destroy any duplicate public <br />records that are exempt or confidential and exempt from public records disclosure <br />requirements. If the contractor keeps and maintains public records upon completion of <br />the contract, the Contractor shall meet all applicable requirements for retaining public <br />records. All records stored electronically must be provided to the County, upon request <br />from the Custodian of Public Records, in a format that is compatible with the information <br />technology systems of the County. <br />4 <br />
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