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If the Contractor transfers all public records to the County upon completion of the contract, the <br />Contractor shall destroy any duplicate public records that are exempt, or confidential and exempt <br />from public records disclosure requirements. If the contractor keeps and maintains public records <br />upon completion of the contract, the Contractor shall meet all applicable requirements for retaining <br />public records. All records stored electronically must be provided to the County, upon request from <br />the Custodian of Public Records, in a format that is compatible with the information technology <br />systems of the County. <br />B. IF RAFTELIS HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, <br />FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS <br />RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS <br />AT: <br />(772) 226-1424 <br />pWbl`creconds@ircgov.cKDMM <br />Indian River County Office of the County Attorney <br />1801 27th Street <br />Vero Beach, FL 32960 <br />C. Failure of Raftelis to comply with these requirements shall be a material breach of this Agreement. <br />Article 9. Independent Contractor Status <br />It is understood and agreed that Raftelis will provide the services uncler this Agreement on a professional <br />basis as an independent Contractor, and that during the performance of the services under this Agreement, <br />Raftelis' employees will not be considered employees of the Client within the meaning or the applications of <br />any federal, state, or local laws or regulations including, but not limited to, laws or regulations covering <br />unemployment insurance, old age benefits, worker's compensation, industrial accident, labor, or taxes of any <br />kind. Raftelis' employees shall not be entitled to benefits that may be afforded from time to time to Client <br />employees, including without limitation, vacation, holidays, sick leave, worker's compensation, and <br />unemployment insurance. Further, the Client shall not be responsible for withholding or paying any taxes or <br />social security on behalf of Raftelis' employees. Raftelis shall be fully responsible for any such withholding or <br />paying of taxes or social security. <br />Article 10. Reliance on Data <br />In performance of the services, it is understood that the Client and others may supply Raftelis with certain <br />information or data, and that Raftelis will rely on such information. It is agreed that the accuracy of such <br />information is not within Raftelis' control, and Raftelis shall not be liable for its accuracy, nor for its <br />verification, except to the extent that such verification is expressly a part of Raftelis' scope of services. <br />Article 11. Opinions and Estimates <br />Raftelis' opinions, estimates, projections, and forecasts of current and future costs, revenues, other levels of <br />any sort, and events shall be made on the basis of available information and Raftelis' expertise and <br />qualifications as a professional. Raftelis does not warrant or guarantee that its opinions, estimates, <br />projections or forecasts of current and future levels and events will not vary from the Client's estimates or <br />forecasts or from actual outcomes. Raftelis identifies costs, allocates costs to customer classes and provides <br />rate models. It does not establish rates, which is the legislative responsibility of the Client. <br />Page 3 of 6 <br />