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SECTION XXIII - SEVERABILITY <br />If any provision, section, or paragraph of this agreement is determined by a court <br />of competent jurisdiction to be void, illegal, or unenforceable, the remaining portions not <br />found to be void, illegal, or unenforceable, shall remain in full force and effect. <br />SECTION XXIV — PUBLIC RECORDS COMPLIANCE <br />A. Indian River County is a public agency subject to Chapter 119, Florida <br />Statutes. The SURVEYOR shall comply with Florida's Public Records Law. <br />Specifically, the SURVEYOR shall: <br />(1) Keep and maintain public records that ordinarily and necessarily would be <br />required by the COUNTY in order to perform the service. <br />(2) Provide the public with access to public records on the same terms and <br />conditions that the COUNTY would provide the records and at a cost that <br />does not exceed the cost provided in chapter 119 or as otherwise provided <br />by law. <br />(3) Ensure that public records that are exempt or confidential and exempt from <br />public records disclosure requirements are not disclosed except as <br />authorized by law. <br />(4) Meet all requirements for retaining public records and transfer, at no cost, to <br />the COUNTY all public records in possession of the SURVEYOR upon <br />termination of the Agreement and destroy any duplicate public records that <br />are exempt or confidential and exempt from public records disclosure <br />requirements. All records stored electronically must be provided to the <br />COUNTY in a format that is compatible with the information technology <br />systems of the COUNTY. <br />B. Failure of the SURVEYOR to comply with these requirements shall be a <br />material breach of this Agreement. <br />[The remainder of page intentionally left blank.] <br />8 <br />F:\Public Works\ENGINEERING DIVISION PROJECTS\1349-RFQ 2014007 Geotechnical Services\AdminlAgreements 2014-201512014-2016 <br />AGREEMENT ARDAMAN.doc <br />48 <br />