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• 6.5.5. Pool pop up or floatation insurance shall be included as part of the above - referenced insurance requirements. 6.5.6. CONTRACTOR's insurance coverage shall be primary. 6.5.7. All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A- VII or better. 6.5.8. The insurance policies procured shall be occurrence forms, not claims made policies. 6.5.9. A certificate of insurance shall be provided to the OWNER's Risk Manager for review and approval, ten (10) days prior to commencement of any of the work set forth in the Scope of Work. OWNER shall be named as an additional insured on all policies except workers' compensation and professional liability. 6.5.10. The insurance companies selected shall send written verification to OWNER's Risk Manager that they will provide 30 days prior written notice to the OWNER's Risk Manager of its intent to cancel or modify any required policies of insurance. 6.5.11. CONTRACTOR shall include all sub -contractors as insured under its policies or shall furnish separate certificates and endorsements for each sub -contractor. All coverages for sub -contractors shall be subject to all of the requirements stated herein. 6.6. Availability of Funds. The obligations of the Owner under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Board of County • Commissioners of Indian River County. 6.7. Pledge of Credit. The CONTRACTOR shall not pledge the OWNER'S credit or make it a guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien or any form of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation of indebtedness that would impair its ability to fulfill the terms of this Agreement. • 6.8. Counterparts. This Agreement may be executed in one or more counterparts, but all such counterparts, when duly executed, shall constitute one and the same Agreement. 6.9. Compliance with Chapter 119, Florida Statutes. OWNER is a public agency subject to Chapter 119, Florida Statutes. CONTRACTOR shall comply with Florida's Public Records Law. Specifically, CONTRACTOR shall: 6.9.1. Keep and maintain public records that ordinarily and necessarily would be required by OWNER in order to perform the service. 6.9.2. Provide the public with access to public records on the same terms and conditions that OWNER would provide the records and at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. 6.9.3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 6.9.4. Meet all requirements for retaining public records and transfer, at no cost, to OWNER all public records in possession of CONTRACTOR upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to OWNER in a format that is compatible with the information technology systems of OWNER. 112