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If any legal action or other proceeding is brought for the enforcement of this Agreement or because of <br /> an alleged dispute, breach, default or misrepresentation in connection with any provisions of this <br /> Agreement, each party shall bear its own costs. <br /> 9.06 Severability. If any term or provision of this Agreement or the application thereof to any person <br /> or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this <br /> Agreement, then the application of such term or provision to persons or circumstances other than those <br /> as to which it is held invalid or unenforceable shall not be affected, and every other term and provision <br /> of this Agreement shall be deemed valid and enforceable to the extent permitted by law. <br /> 9.07 Availability of Funds. The obligations of the OWNER under this Agreement are subject to the <br /> availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of <br /> Indian River County. <br /> 9.08 No Pledge of Credit. The CONTRACTOR shall not pledge the OWNER's credit or make it a <br /> guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of <br /> indebtedness. <br /> 9.09 Public Records. Indian River County is a public agency subject to Chapter 119, Florida <br /> Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor <br /> shall: <br /> A. Keep and maintain public records required by the County to perform the service. <br /> B. Upon request from the County's Custodian of Public Records, provide the County with a copy <br /> of the requested records or allow the records to be inspected or copied within a reasonable <br /> time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided <br /> by law. <br /> C. Ensure that public records that are exempt or confidential and exempt from public records <br /> disclosure requirements are not disclosed except as authorized by law for the duration of the <br /> contract term and following completion of the contract if the contractor does not transfer the <br /> records to the County. <br /> D. 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 to <br /> 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 are <br /> exempt or confidential and exempt from public records disclosure requirements. If the <br /> contractor keeps and maintains public records upon completion of the contract, the Contractor <br /> shall meet all applicable requirements for retaining public records. All records stored <br /> electronically must be provided to the County, upon request from the Custodian of Public <br /> Records, in a format that is compatible with the information technology systems of the County. <br /> E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF <br /> CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE <br /> PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF <br /> PUBLIC RECORDS AT: <br /> (772) 226-1424 <br /> Section 00530-8 <br /> 46 <br />