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2020-046
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dispute, breach, default or misrepresentation in connection with any provisions of this <br />Agreement, each party shall bear its own costs. <br />10.5 Severability. If any term or provision of this Agreement or the application <br />thereof to any person or circumstance shall, to any extent, be held invalid or <br />unenforceable for the remainder of this Agreement, then the application of such term or <br />provision to persons or circumstances other than those as to which it is held invalid or <br />unenforceable shall not be affected, and every other term and provision of this <br />Agreement shall be deemed valid and enforceable to the extent permitted by law. <br />10.6 Availability of Funds. The obligations of the COUNTY under this <br />Agreement are subject to the availability of funds lawfully appropriated for its purpose by <br />the Board of County Commissioners of Indian River County. <br />10.7 No Pledge of Credit. The Consultant shall not pledge the COUNTY's <br />credit or make it a guarantor of payment or surety for any contract, debt, obligation, <br />judgment, lien or any form of indebtedness. <br />10.8 Public Records. <br />Indian River County is a public agency subject to Chapter 119, Florida Statutes. The <br />CONSULTANT shall comply with Florida's Public Records Law. Specifically, the <br />CONSULTANT shall: <br />(1) Keep and maintain public records required by the County to perform the service. <br />(2) Upon request from the County's Custodian of Public Records, provide the County <br />with a copy of the requested records or allow the records to be inspected or copied <br />within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 <br />or as otherwise provided by law. <br />(3) Ensure that public records that are exempt or confidential and exempt from public <br />records disclosure requirements are not disclosed except as authorized by law for the <br />duration of the contract term and following completion of the contract if the <br />CONSULTANT does not transfer the records to the County. <br />(4) Upon completion of the contract, transfer, at no cost, to the County all public <br />records in possession of the CONSULTANT or keep and maintain public records <br />required by the County to perform the service. If the CONSULTANT transfers all public <br />records to the County upon completion of the contract, the CONSULTANT shall destroy <br />any duplicate public records that are exempt or confidential and exempt from public <br />records disclosure requirements. If the CONSULTANT keeps and maintains public <br />records upon completion of the contract, the CONSULTANT shall meet all applicable <br />requirements for retaining public records. All records stored electronically must be <br />provided to the County, upon request from the Custodian of Public Records, in a format <br />that is compatible with the information technology systems of the County. <br />10 <br />
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