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5.5 Independent Contractor. It is specifically understood and acknowledged by the parties <br />hereto that CONTRACTOR or employees or contractors of CONTRACTOR are in no way <br />to be considered employees of COUNTY, but are independent contractors performing <br />solely under the terms of the Agreement and not otherwise. <br />5.6 Acceptance of Goods and Services. Any goods and/or service(s) rendered under this <br />Agreement may be tested/inspected for compliance with specifications. In the event that <br />any aspect of the goods or services provided is found to be defective or does not conform <br />to the specifications, COUNTY reserves the right to require corrective action as appropriate <br />which may include, but is not limited to, ordering re -performance of service or the <br />termination of the Agreement for default. <br />5.7 Public Records Compliance. <br />1. Indian River County is a public agency subject to Chapter 119, Florida Statutes. <br />The Contractor shall comply with Florida's Public Records Law. Specifically, the <br />Contractor shall: <br />A. Keep and maintain public records required by the County to perform the <br />service. <br />B. Upon request from the County's Custodian of Public Records, provide the <br />County with a copy of the requested records or allow the records to be <br />inspected or copied within a reasonable time at a cost that does not exceed <br />the cost provided in Chapter 119 or as otherwise provided by law. <br />C. Ensure that public records that are exempt or confidential and exempt from <br />public records disclosure requirements are not disclosed except as <br />authorized by law for the duration of the contract term and following <br />completion of the contract if the contractor does not transfer the records to <br />the County. <br />D. Upon completion of the contract, transfer, at no cost, to the County all <br />public records in possession of the Contractor or keep and maintain public <br />records required by the County to perform the service. If the Contractor <br />transfers all public records to the County upon completion of the contract, <br />the Contractor shall destroy any duplicate public records that are exempt or <br />confidential and exempt from public records disclosure requirements. If the <br />contractor keeps and maintains public records upon completion of the <br />contract, the Contractor shall meet all applicable requirements for retaining <br />public records. All records stored electronically must be provided to the <br />County, upon request from the Custodian of Public Records, in a format that <br />is compatible with the information technology systems of the County. <br />2. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE <br />APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO <br />F:\Community Development\Users\MPO \Transit \Advertising\2018 Procurement\Transit Advertising Contract FINAL.docx 5 <br />