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