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16. Consultant acknowledges that Indian River County is a governmental entity, and <br />the contract validity is based upon the availability of public funding under its authority In the <br />event that public funds are unavailable and not appropriated for the performance of County's <br />obligations under this Contract, then this Contract shall automatically expire without penalty to <br />County after written notice to Consultant of the unavailability and non -appropriation of public <br />funds. It is expressly agreed that County shall not activate this non -appropriation provision for <br />its convenience or to circumvent the requirements of this Contract, but only as an emergency <br />fiscal measure. <br />17. Liability and Indemnification. Indian River County shall in no way be liable or <br />responsible for any accident or damage that may occur in conjunction with any of the studies <br />described in this Contract. Consultant shall defend, hold harmless and indemnify Indian River <br />County with respect to any and all actions, causes of action, liabilities, losses, damages or <br />expenses (including reasonable attorneys' fees) arising out of or relating to any negligence, <br />intentional misconduct, breach of this Contract or breach of applicable law by Consultant in <br />conjunction with any of the studies described in this Contract. This section 17 shall survive the <br />termination of this Contract with respect to any acts or omissions occurring prior to the date of <br />termination. <br />18. Public Records Compliance. <br />a. Indian River County is a public agency subject to Chapter 119, Florida <br />Statutes. Consultant shall comply with Florida's Public Records Law. Specifically, the <br />Consultant shall: <br />(1) Keep and maintain public records that ordinarily and <br />necessarily would be required by the County in order to perform the service. <br />(2) Provide the public with access to public records on the <br />same terms and conditions that the County would provide the records and at a cost <br />that does not exceed the cost provided in chapter 119 or as otherwise provided by <br />law. <br />(3) Ensure that public records that are exempt or confidential <br />and exempt from public records disclosure requirements are not disclosed except <br />as authorized by law. <br />(4) Meet all requirements for retaining public records and <br />transfer, at no cost, to the County all public records in possession of the <br />Consultant upon termination of the Contract and destroy any duplicate public <br />records that are exempt or confidential and exempt from public records disclosure <br />requirements. All records stored electronically must be provided to the County in <br />a format that is compatible with the information technology systems of the <br />County. <br />M:IGENERALIProperdeslCourthouselPGAL Contract.doc <br />5 <br />