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2020-127
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remainder of this Agreement, then the application of such term or provision to persons or <br />circumstances other than those as to which it is held invalid or unenforceable shall not be <br />affected, and every other term and provision of this Agreement shall be deemed valid and <br />enforceable to the extent permitted by law. <br />14. 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 Board of County <br />Commissioners of Indian River County. <br />15. NO PLEDGE OF CREDIT. The Auditor shall not pledge the County's credit or make it a <br />guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form <br />of indebtedness. <br />16. PUBLIC RECORDS. The County is a public agency subject to Chapter 119, Florida <br />Statutes. Auditor shall comply with Florida's Public Records Law. Specifically, Auditor shall: <br />(1) Keep and maintain public records that ordinarily and necessarily would be required <br />by the County in order to perform the service. <br />(2) Provide the public with access to public records on the same terms and conditions <br />that the County would provide the records and at a cost that does not exceed the cost <br />provided in chapter 119 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. <br />(4) Meet all requirements for retaining public records and transfer, at no cost, to the <br />County all public records in possession of the Auditor upon termination of the <br />Agreement and destroy any duplicate public records that are exempt or confidential <br />and exempt from public records disclosure requirements. All records stored <br />electronically must be provided to the County in a format that is compatible with the <br />information technology systems of the County. <br />Failure of the Auditor to comply with these requirements shall be a material breach of this <br />Agreement. <br />17. NOTICES. Any notice, request, demand, consent, approval, or other communication <br />required or permitted by this Agreement shall be given or made in writing and shall be <br />served, as elected by the party giving such notice, by any of the following methods: (a) Hand <br />delivery to the other party; (b) Delivery by commercial overnight courier service; or (c) Mailed <br />by registered or certified mail (postage prepaid), return receipt requested at the addresses of <br />the parties shown below: <br />County Indian River County <br />Attn: Elissa Nagy, Finance Director <br />1801 27th Street, Vero Beach, FL 32960-3365 <br />Phone: (772) 226-1570; Facsimile: (772) 770-5331 <br />Auditor: Rehmann Robson, LLC <br />Attn: Christine Horrocks, Principal <br />5070 N. Highway Al A <br />M <br />
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