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2025-178
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2025-178
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Last modified
10/6/2025 12:36:22 PM
Creation date
10/6/2025 12:35:22 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/09/2025
Control Number
2025-178
Agenda Item Number
9.K.
Entity Name
Thomas Construction, Inc.
Subject
Agreement for the construction and anchoring of 15 new shotting stands,
plus the anchoring of 15 existing stands
Area
10455 102nd Terrace Sebastian
Bid Number
2025059
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2025059 Indian River County Shooting Range Stands <br />A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on <br />another party hereto without the written consent of the party sought to be bound; and, specifically but without <br />limitation, moneys that may become due and moneys that are due may not be assigned without such consent <br />(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to <br />the contrary in any written consent to an assignment, no assignment will release or discharge the assignor <br />from any duty or responsibility under the Contract Documents. <br />8.03 Successors and Assigns <br />A. COUNTY 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 in respect <br />to all covenants, agreements, and obligations contained in the Contract Documents. <br />8.04 Severability <br />A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or <br />Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon <br />COUNTY and CONTRACTOR, 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 />8.05 Venue <br />A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by <br />either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, <br />Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District <br />of Florida. <br />8.06 Public Records Compliance <br />A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall <br />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 copy of the <br />requested records or allow the records to be inspected or copied within a reasonable time at a cost that does <br />not exceed the cost provided in Chapter lig 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 <br />following 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 <br />the Contractor or keep and maintain public records required by the County to perform the service. If the <br />Contractor transfers all public records to the County upon completion of the contract, the Contractor shall <br />destroy any duplicate public records that are exempt or confidential and exempt from public records <br />disclosure requirements. If the contractor keeps and maintains public records upon completion of the <br />contract, the Contractor shall meet all applicable requirements for retaining public records. All records <br />stored electronically must be provided to the County, upon request from the Custodian of Public Records, <br />in a format that is compatible with the information technology systems of the County. <br />5 <br />
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