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9 . 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 of <br /> County Commissioners of Indian River County. <br /> 10 . PUBLIC RECORDS . The Consultant shall comply with the provisions of Chapter <br /> 119 , Florida Statutes ( Public Records Law) in connection with this Agreement. <br /> 11 . COUNTERPARTS . This Agreement may be executed in one or more counterparts , <br /> each of which shall be deemed to be an original copy and all of which shall constitute but <br /> one and the same instrument . <br /> 12 . GENERAL . The Background Recitals are true and correct and form a material part <br /> of this Agreement . <br /> IN WITNESS WHEREOF , the County and the Consultant have caused this <br /> Agreement to be executed in their respective names as of the date first set forth above . <br /> Consultant: INDIAN RIVER COUNTY <br /> KURT SPITZER & ASSOCIATES , INC . Board of County Commissioners <br /> By <br /> K rtSpitzer, P esident By Jfo QgiYE A , ( 1Jn A <br /> eph A. Baird , County Administrator <br /> Approved by BCC 2/6/2007 <br /> Appfove,d as to form and legal sufficiency: <br /> By <br /> V�V14 <br /> Marian E . e <br /> Assistant County Attorney <br /> 3 <br />