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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: Diane Bernardo, Finance Director, Project Manager <br /> 1801 27th Street, Vero Beach, FL 32960-3365 <br /> Phone: (772) 226-1205; Facsimile: (772) 770-5331 <br /> Auditor: Rehmann Robson, LLC <br /> Attn: Robert R. Harris, Principal <br /> 5070 N. Highway A1A <br /> 6 <br /> 50 <br />