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11.7 No Pledge of Credit. The CONSULTANT 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 of <br />indebtedness. <br />11.8 Survival. Except as otherwise expressly provided herein, each obligation In this Agreement <br />to be performed by CONSULTANT shall survive the termination or expiration of this Agreement. <br />11.9 Construction. The headings of the sections of this Agreement are for the purpose of <br />convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in <br />such sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, <br />feminine or neuter, singular or plural, as the identity of the parties or parties may require. The <br />parties hereby acknowledge and agree that each was properly represented by counsel and this <br />Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the <br />effect that a legal document shall be construed against the draftsperson shall be inapplicable to this <br />Agreement. <br />11.10 Counterparts. This Agreement may be executed in one or more counterparts, each of <br />which shall be deemed to be an original copy and all of which shall constitute but one and the same <br />instrument. <br />11.11 Public Records Compliance <br />Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall <br />comply with Florida's Public Records Law. Specifically, the 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 with a copy of the <br />requested records or allow the records to be inspected or copied within a reasonable time at a cost that <br />does not exceed the cost 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 records <br />disclosure requirements are not disclosed except as authorized by law for the duration of the contract <br />term and following completion of the contract if the contractor does not transfer the records to the County. <br />(4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession <br />of the Consultant or keep and maintain public records required by the County to perform the service. If <br />the Consultant transfers all public records to the County upon completion of the contract, the Consultant <br />shall destroy any duplicate public records that are exempt or confidential and exempt from public records <br />disclosure requirements. If the contractor keeps and maintains public records upon completion of the <br />contract, the Consultant shall meet all applicable requirements for retaining public records. All records <br />stored electronically must be provided to the County, upon request from the Custodian of Public Records, <br />in a 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 1i9, FLORIDA STATUTES, TO THE <br />CONSULTAN'T'S DUTY TO PROVIDE PUBLIC RECORDS RELATING <br />TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC <br />RECORDS AT: <br />(772) 226-1424 <br />uub1icrecords(&irc2ov. com <br />Indian River County Office of the County Attorney <br />2023015 Agreement - io <br />