2003-163 - Laserfiche WebLink

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2 in Exhibit 2, HAC shall have an audit completed by an independent certified public accountant at the end of HAC ' s fiscal year, and submit such audit within 120 days of the end of HAC ' s fiscal year to the County' s Office of Management and Budget . This agreement is conditioned upon the County ' s receipt of Grant funding . 4 . HAC shall comply with all applicable laws, regulations, ordinances and Indian River County policies in the performance of this Agreement and the Grant. 5 . This Agreement may be terminated by either party in the event of a substantial failure by the other party to perform in accordance with the terms of this Agreement or the Grant upon thirty (30) days prior written notice . Either party may cure such substantial failure during the thirty (30) day notice period . In the event the County terminates this Agreement, HAC shall return all funds under this Agreement not used as of the date of termination to the County within ten ( 10) calendar days . Upon such termination by the County, in addition to any other remedies available to the County at law, in equity, or under the Grant, the County shall have the right to enter into a new agreement with any other party for the provision of services under the Grant. 6 . The parties intend that HAC shall be an independent contractor and not the agent of the County in performing the services specified in this Agreement and that HAC shall have control of its work and the manner in which it is performed. 7 . HAC shall indemnify and save harmless the County, its agents, officials, and employees from and against any and all claims, liabilities, losses, damage, or causes of action, including reasonable attorney fees, which may arise from any misconduct, negligent act, or omissions of HAC, its agents, officers, or employees in connection with the performance of this Agreement . 8 . HAC shall, no later than July 15 , 2003 , provide to the Indian River County Risk Management Division a certificate or certificates issued by an insurer or insurers authorized to conduct business in Florida that is rated not less than category A- : VII by A. M . Best, subject to approval by Indian River County ' s risk manager, of the following types and amounts of insurance : i . commercial general liability insurance in an amount not less then $500, 000 combined single limit for bodily injury and property damage, including coverage for premises/operations, products/completed operations, contractual liability, and independent contractors ; ii . business automobile liability insurance in an amount not less than $500, 000 per occurrence combined single limit for bodily injury and property damage, including coverage for owned autos and other vehicles , hired autos and other vehicles, non-owned autos and other vehicles; and iii . Workers ' Compensation and Employer' s Liability (current Florida statutory limit) . L 8 . 1 Insurance Administration. The insurance certificates, evidencing all required insurance coverages shall be fully acceptable to County in both form and content, and shall provide and specify that the related insurance coverage shall not be cancelled without at least thirty (30) calendar days prior written notice having been