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2024-290
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2024-290
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Last modified
12/12/2024 3:18:34 PM
Creation date
12/12/2024 3:13:27 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/19/2024
Control Number
2024-290
Agenda Item Number
8.A.
Entity Name
TIP Strategies, Inc.
Subject
Consulting Agreement for Economic Development Strategic Action Plan (EDSAP); RFP 2024059
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Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance <br />shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of <br />such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable <br />shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable <br />to the extent permitted by law. <br />Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds <br />lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. <br />No Pledge of Credit. The CONSULTANT shall not pledge the COUNTY's credit or make it a guarantor of payment or <br />surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. <br />Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by <br />CONSULTANT shall survive the termination or expiration of this Agreement. <br />Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not <br />be deemed to expand, limit, or modify the provisions contained in such sections. All pronouns and any variations <br />thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the parties <br />or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel <br />and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect <br />that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement. <br />Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be <br />an original copy and all of which shall constitute but one and the same instrument. <br />10. Public Records Compliance <br />Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with <br />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 the requested <br />records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the <br />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 disclosure <br />requirements are not disclosed except as authorized by law for the duration of the contract term and following <br />completion of the contract if the contractor does not transfer the records to the County. <br />(4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the <br />Consultant or keep and maintain public records required by the County to perform the service. If the Consultant <br />transfers all public records to the County upon completion of the contract, the Consultant shall destroy any duplicate <br />public records that are exempt or confidential and exempt from public records disclosure requirements. If the <br />contractor keeps and maintains public records upon completion of the contract, the Consultant shall meet all <br />applicable requirements for retaining public records. All records stored electronically must be provided to the <br />County, upon request from the Custodian of Public Records, in a format that is compatible with the information <br />technology systems of the County. <br />rel <br />
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