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G. Availability of Funds. The obligations of the County under this Agreement are <br />subject to the availability of funds lawfully appropriated for its purpose by the <br />Board of County Commissioners of Indian River County. <br />H. No Pledge of Credit. FirstSouthwest shall not pledge the County's credit or make <br />it a guarantor of payment or surety for any contract, debt, obligation, judgment, <br />lien or any form of indebtedness. <br />I. Public Records Compliance. <br />1. Indian River County is a public agency subject to Chapter 119, Florida <br />Statutes. FirstSouthwest shall comply with Florida's Public Records Law. <br />Specifically, FirstSouthwest shall: <br />a. Keep and maintain public records that ordinarily and necessarily would <br />be required by the County in order to perform the service. <br />b. Provide the public with access to public records on the same terms <br />and conditions that the County would provide the records and at a cost <br />that does not exceed the cost provided in chapter 119, Florida Statutes <br />or as otherwise provided by law. <br />c. Ensure that public records that are exempt or confidential and exempt <br />from public records disclosure requirements are not disclosed except <br />as authorized by law. <br />d. Meet all requirements for retaining public records and transfer, at no <br />cost, to the County all public records in possession of FirstSouthwest <br />upon termination of the Agreement and destroy any duplicate public <br />records that are exempt or confidential and exempt from public records <br />disclosure requirements. All records stored electronically must be <br />provided to the County in a format that is compatible with the <br />information technology systems of the County. <br />2. Failure of FirstSouthwest to comply with these requirements shall be a <br />material breach of this Agreement. <br />J. Notices. Any notice, request, demand, consent, approval, or other <br />communication required or permitted by this Agreement shall be given or made <br />in writing and shall be served, as elected by the party giving such notice, by any <br />of the following methods: (a) Hand delivery to the other party; (b) Delivery by <br />commercial overnight courier service; or (c) Mailed by registered or certified mail <br />10 <br />