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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 />10.6 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 />10.7 No Pledge of Credit. The Consultant shall not pledge the COUNTY's credit or <br />make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or <br />any form of indebtedness. <br />10.8 Public Records. COUNTY is a public agency subject to Chapter 119; Florida <br />Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically, the <br />Consultant shall: <br />10.8.1 Keep and maintain public records required by the COUNTY to perform <br />the service. <br />10.8.2 Upon request from the COUNTY's Custodian of Public Records, <br />provide the COUNTY with a copy of the requested records or allow the records to be <br />inspected or copied within a reasonable time at a cost that does not exceed the cost <br />provided in Chapter 119 or as otherwise provided by law. <br />10.8.3 Ensure that public records that are exempt or confidential and exempt <br />from public records disclosure requirements are not disclosed except as authorized by law <br />for the duration of the contract term and following completion of the contract if the Consultant <br />does not transfer the records to the COUNTY. <br />10.8.4 Upon completion of the contract, transfer, at no cost, to the COUNTY all <br />public records in possession of the Consultant or keep and maintain public records required <br />by the COUNTY to perform the service. If the Consultant transfers all public records to the <br />COUNTY upon completion of the contract, the Consultant shall destroy any duplicate public <br />records that are exempt or confidential and exempt from public records disclosure <br />requirements. If the Consultant keeps and maintains public records upon completion of <br />the contract, the Consultant shall meet all applicable requirements for retaining public <br />records. All records stored electronically must be provided to the COUNTY, upon request <br />from the Custodian of Public Records, in a format that is compatible with the information <br />technology systems of the COUNTY. <br />IF THE CONSULTANT HAS QUESTIONS REGARDING THE <br />APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE <br />CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING <br />TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC <br />RECORDS AT: <br />(772) 226-1424 <br />10 <br />