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5. Consultant shall furnish certificates of insurance to County prior to the commencement of operations, which certificates shall clearly indicate that Consultant has obtained insurance in the type, amount, and classification as required for strict compliance with this section and that no material change or cancellation of this insurance shall be effective without thirty (30) days prior written notice to the County. 6. Compliance with the foregoing requirements shall not relieve Consultant of its liability and obligations under this section or under any other portion of this Agreement. V. Audit Rights County reserves the right to audit the records of Consultant related to this contract at any time during the execution of the work included herein and for a period of three years after final payment is made. Bills for fees or other compensation for services or expenses shall be submitted to County in detail sufficient for a proper pre -audit and post audit thereof. VI. Other Requirements and Legal Notices • Debarment Consultant certifies that he has not been debarred from bidding, proposing, or contracting for federal, state, or local government programs or activities. • Independent Contractor It is specifically understood and acknowledged by the parties hereto that Consultant or employees or subcontractors of Consultant are in no way to be considered employees of County, but are independent contractors performing solely under the terms of the Agreement and not otherwise. • Assignment Consultant shall not assign this contract without the express written approval of County via executed amendment. • Miscellaneous 1. The terms of this Agreement may be modified upon the mutual agreement of Consultant and County as confirmed in writing. 2. It is mutually agreed between County and Consultant that this Agreement, including all attachments to it, constitutes an agreement, made in Florida, and that it shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 3. All remedies provided in this Agreement shall be deemed cumulative and additional, and not 3 F:\Community Development\Impact Fee\IMPACT FEE STUDIES \2018 Update\Consultant Contract\2019 Impact Fee Contract - FINAL.doc