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2004-288
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2004-288
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Last modified
9/30/2016 1:55:59 PM
Creation date
9/30/2015 8:25:50 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/16/2004
Control Number
2004-288
Agenda Item Number
7.F.
Entity Name
St. Johns River Water Management District
Subject
Controlling abandoned artesian wells
Cost-share Agreement
Archived Roll/Disk#
3224
Supplemental fields
SmeadsoftID
4733
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Contract #SI308XA <br /> foregoing, the County may accept retainers from or be employed by third parties whose interest <br /> appears conflicting or inconsistent with that of the District if, after full written disclosure of the <br /> facts to the District, the District determines that the apparent conflict shall not interfere with the <br /> performance of the Work. <br /> D . Civil Rights. Pursuant to Chapter 760 , Fla . Stat . , the County shall not discriminate against any <br /> employee or applicant for employment because of race , color, religion, sex , or national origin, <br /> age , handicap, or marital status . <br /> E . Audit : Access to Records. The County agrees that the District or its duly authorized <br /> representatives shall , until the expiration of three (3 ) years after expenditure of funds hereunder, <br /> have access to examine any of the County ' s books , documents , papers , and other records <br /> involving transactions related to this Agreement . The County shall preserve all such records for a <br /> period of not less than three (3 ) years . Payment( s) made hereunder shall be reduced for amounts <br /> charged that are found on the basis of audit examination not to constitute allowable costs . The <br /> County shall refund any such reduction of payments . All required records shall be maintained <br /> until an audit has been completed and all questions arising from it are resolved . The County will <br /> provide proper facilities for access to and inspection of all required records . <br /> F . Release of Information . Records of the County that are made or received in the course of <br /> performance of the Work may be public records that are subject to the requirements of Chapter <br /> 119 , Fla . Stat . In the event the County receives a request for any such records , the County shall <br /> notify the District ' s project manager within three (3 ) workdays of receipt of such request . The <br /> County shall not publish or release any information related to performance of this Agreement, or <br /> prepare , publish, or release any news or press release in any way related to this Agreement, <br /> without prior District review and the District ' s written consent . Each party reserves the right to <br /> cancel this Agreement for refusal by the other party to allow public access to all documents, <br /> papers , letters , or other material related hereto and subject to the provisions of Chapter 119 , Fla. <br /> Stat. , as amended . <br /> G . Governing Law. This Agreement shall be construed and interpreted according to the laws of the <br /> state of Florida . <br /> H . Venue. In the event of any legal proceedings arising from or related to this Agreement, venue for <br /> such proceedings , if in state court, shall be in Orange County, Florida, and if in federal court, <br /> shall be in the Middle District of Florida, Orlando Division . <br /> L Attorney ' s Fees. In the event of any legal or administrative proceedings arising from or related to <br /> this Agreement, including appeals , each party shall bear its own attorney ' s fees . <br /> J . Waiver of Right to Jury Trial. In the event of any civil proceedings arising from or related to <br /> this Agreement, the County hereby consents to trial by the court and waives its right to seek a <br /> jury trial in such proceedings , provided, however, that the parties may mutually agree to a jury <br /> trial . <br /> K . Construction of Agreement. This Agreement shall not be construed more strictly against one <br /> party than against the other merely by virtue of the fact that it may have been prepared by counsel <br /> for one of the parties , it being recognized that both parties , have contributed substantially and <br /> materially to the preparation hereof. <br /> Page 6 of 10 <br />
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