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Last modified
11/10/2025 1:11:36 PM
Creation date
11/10/2025 1:08:44 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
10/21/2025
Control Number
2025-243
Agenda Item Number
13.F.1.
Entity Name
Guettler Brothers Construction, LLC
Subject
LLC Sector 5 Hurricanes Ian & Nicole Beach and Dune Restoration
Bid Number
2025060
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A. No assignment by a party hereto of any rights under or interests in the Contract will be binding <br />on another party hereto without the written consent of the party sought to be bound; and, <br />specifically but without limitation, moneys that may become due and moneys that are due may <br />not be assigned without such consent (except to the extent that the effect of this restriction <br />may be limited by law), and unless specifically stated to the contrary in any written consent to <br />an assignment, no assignment will release or discharge the assignor from any duty or <br />responsibility under the Contract Documents. <br />10.03 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 />10.04 Severability <br />A. Any provision or part of the Contract Documents held to be void or unenforceable under <br />any Law or Regulation shall be deemed stricken, and all remaining provisions shall <br />continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the <br />Contract Documents shall be reformed to replace such stricken provision or part thereof <br />with a valid and enforceable provision that comes as close as possible to expressing the <br />intention of the stricken provision. <br />10.05 Venue <br />A. This Contract 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 Contract <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 />10.06 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 <br />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 <br />copy of the requested records or allow the records to be inspected or copied within a <br />reasonable time at a cost that does not exceed the cost provided in Chapter 119 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 duration <br />of the contract term and following completion of the contract if the contractor does not transfer <br />the records to the County. <br />(4) Upon completion of the contract, transfer, at no cost, to the County all public records in <br />possession of the CONTRACTOR or keep and maintain public records required by the County <br />to perform the service. If the CONTRACTOR transfers all public records to the County upon <br />completion of the contract, the CONTRACTOR shall destroy any duplicate public records that <br />are exempt or confidential and exempt from public records disclosure requirements. If the <br />Agreement - 00520 - 7 <br />
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