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<br />attached to this certificate."Failure to include the required insurance certificates may be <br />cause for contract rejection or termination. <br /> <br />Independent Contractor: The Contractor shall be legally considered and <br />independent contractor and [neither the Contractor nor its employees shall, under any <br />circumstances, be considereQ servants or agents of the County; and the County shall be, at no <br />, <br />time, legally responsible for 'any negligence or other wrongdoing by the Contractor, its <br />servants, or agents. The COtUlty shall not withhold from the contract payments to the <br />Contractor any Federal or S~ate unemployment taxes, Federal or State income taxes, Social <br />Security tax, or arty other an'lounts for benefits to the Contractor. Further, the County shall <br />not provide to the Contractqr any insurance coverage or other benefits, including Workers' <br />Compensation, normally pr~vided by the County for its employees. <br /> <br />i <br />Non-appropriation: 1}1l funds for payment by the County under this contract are <br />subject to the availability of an annual appropriation for this purpose by the Board of <br />Commissioners. In the event of non-appropriation of funds by the Board of Commissioners <br />for the services provided under the contract, the County will terminate the contract/ without <br />termination charge or other ~ability, on the last day of the then-current fiscal year or when <br />the appropriation made for the then-current year for the services covered by this contract is <br />spent, whichever event occurs first. If at any time funds are not appropriated for the <br />continuance of this contract,' cancellation shall be accepted by the Contractor on thirty days' <br />prior written notice, butfailllre to give such notice shall be of no effect and the County shall <br />not be obligated under this liiontract beyond the date of termination. <br /> <br />Ri~ht to Audit: The Co,tractor shall maintain such financial records and other records as <br />may be prescribed by the Cqunty or by applicable Federal and State laws, rules and <br />regulations. The Contracto~ shall retain these records for a period of five (5) years after final <br />payment, or until they are a\.ldited by the County, whichever occurs first. These records shall <br />be made available during the term of the contract and the subsequent five-year period for <br />examination, transcription, and audit by the County, its designees, or other authorized <br />bodies. <br /> <br />Termination for Contract Viplations and Poor Performance: Upon occurrence of anyone or <br />more violations of the Conbjact (including without limitation, failure to perform in <br />accordance with the Specifiqations per Exhibit A), and after sufficient oral or written notices <br />of such violation(s) from thd County to the Contractor in the County's sole discretion, this <br />, <br />contract may be terminated.' The Contractor must guarantee the County's satisfaction on the <br />performance of the equipm~nt the contractor provides to the County i.e. that the equipment <br />will always perform at or a~ove the manufacturer's specifications and standards. If for any <br />reason the Contractor cannqt fulfill this guarantee on any unit provided, the Contractor will <br />replace the unit with another unit that meets or exceeds the specifications of the equipment <br /> <br />Gr./) <br />