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is held invalid or 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 />Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability <br />of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River <br />County. <br />No Pledge of Credit. The CONSULTANT shall not pledge the COUNTY's credit or make it a guarantor of <br />payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. <br />Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed <br />by CONSULTANT shall survive the termination or expiration of this Agreement. <br />Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and <br />shall not be deemed to expand, limit, or modify the provisions contained in such sections. All pronouns and <br />any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as <br />the identity of the parties or parties may require. The parties hereby acknowledge and agree that each was <br />properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the <br />judicial rule of construction to the effect that a legal document shall be construed against the draftsperson <br />shall be inapplicable to this Agreement. <br />Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed <br />to be an original copy and all of which shall constitute but one and the same instrument. <br />io. Public Records Compliance <br />Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply <br />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 does <br />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 disclosure <br />requirements are not disclosed except as authorized by law for the duration of the contract term and <br />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 of <br />the Consultant or keep and maintain public records required by the County to perform the service. If the <br />Consultant transfers all public records to the County upon completion of the contract, the Consultant shall <br />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 119, FLORIDA STATUTES, TO THE <br />CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO <br />0 <br />