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unenforceable shall not be affected, and every other term and provision of this Agreement <br />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 Agreement <br />are subject to the availability of funds lawfully appropriated for its purpose by the Board <br />of County Commissioners of Indian River County. <br />10.7 No Pledge of Credit. The Consultant shall not pledge the COUNTY's credit <br />or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, <br />lien or any form of indebtedness. <br />10.8 Public Records. <br />A. 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 Consultant <br />shall: <br />(1) Keep and maintain public records required by the County to perform the <br />service. <br />(2) Upon request from the County's Custodian of Public Records, provide the <br />County with a copy of the requested records or allow the records to be inspected <br />or copied within a reasonable time at a cost that does not exceed the cost provided <br />in Chapter 119 or as otherwise provided by law. <br />(3) Ensure that public records that are exempt or confidential and exempt <br />from public records disclosure requirements are not disclosed except as <br />authorized by law for the duration of the contract term and following completion of <br />the contract if the Consultant does not transfer the records to the County. <br />(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 <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 <br />format that is compatible with the information technology systems of the County. <br />B. IF THE CONSULTANT HAS QUESTIONS REGARDING THE <br />APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE <br />CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO <br />11 <br />