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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
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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 />B. COUNTY shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR <br />in writing of the grounds for termination and provide CONTRACTOR with ten (io) calendar days to cure <br />the default to the reasonable satisfaction of the COUNTY. <br />C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, <br />COUNTY may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such <br />notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right <br />to possess or occupy the site or any materials thereon; provided, however, that the COUNTY may authorize <br />CONTRACTOR to restore any work sites. <br />D. A vendor or service provider that breaches this agreement during an emergency recovery period (1 -year <br />period that begins on the date that the governor initially declared a state of emergency for a natural <br />emergency) is to pay a $5,000 penalty and damages which may be either actual and consequential damages <br />or liquidated damages. Additionally, the CONTRACTOR shall be liable for: <br />(1) any new cost incurred by the COUNTY in soliciting bids or proposals for and letting a new contract; <br />and <br />(2) the difference between the cost of completing the new contract and the cost of completing this <br />Contract; <br />(3) any court costs and attorney's fees associated with any lawsuit undertaken by COUNTY to enforce <br />its rights herein. <br />E. TERMINATION FOR CONVENIENCE: COUNTY may at any time and for any reason terminate <br />CONTRACTOR's services and work for COUNTY's convenience. Upon receipt of notice of such termination <br />CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and <br />immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the <br />performance of this Contract. Upon such termination Contractor shall be entitled to payment only as <br />follows: <br />(i) the actual cost of the work completed in conformity with this Contract and the specifications; plus, <br />(2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and <br />approved by the COUNTY. <br />Contractor shall not be entitled to any other claim for compensation or damages against the County in <br />the event of such termination. <br />F. TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related <br />entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel <br />List, created pursuant to S. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In <br />addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies <br />that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized <br />Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum <br />Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in <br />business operations in Cuba or Syria. COUNTY may terminate this Contract if CONTRACTOR, including all <br />wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of <br />making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is <br />engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. COUNTY may terminate this <br />Contract if CONTRACTOR is found to have submitted a false certification as provided under section <br />287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the <br />Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business <br />operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. <br />7 <br />
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