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2009-227G
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2009-227G
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SECTION XXI — SAFETY <br /> SURVEYOR shall be responsible for the safety of its employees and others <br /> arising from SURVEYOR ' s operations . All projects shall follow proper safety <br /> procedures referencing the Florida Department of Transportation Safety Standards for <br /> Surveyors and as in accordance with generally accepted practices , SURVEYOR may <br /> report any observed job site safety violations by others to COUNTY . SURVEYOR shall <br /> not be responsible for or have control over safety precautions and programs by others <br /> who may be working at the job site . <br /> SECTION XXII — REMEDIES - CHOICE OF LAW AND VENUE <br /> This Agreement shall be governed by the laws of the State of Florida . Unless <br /> otherwise provided in this contract , all claims , counter-claims , disputes and other <br /> matters in question between the local government and the contractor , arising out of or <br /> relating to this contract , or the breach of it , will be decided by arbitration if the <br />parties <br /> mutually agree or for any lawsuit brought by either party against the other party or <br /> otherwise arising out of this Contract the venue shall be in Indian River County , Florida , or <br /> in the event of a federal jurisdiction , in the United States District Court for the Southern <br /> District of Florida . <br /> SECTION XXIII - ACCESS TO RECORDS <br /> COUNTY , the Florida Department of Community Affairs , the U . S . Department <br /> of Housing and Urban Development , the Comptroller General of the United States , <br /> and any of their duly authorized representatives , shall have access to any books , <br /> documents , papers , and records of the contractor which are directly pertinent to this <br /> contract for the purpose of making audit , examination , excerpts , and transcriptions . <br /> SECTION XXIV - RETENTION OF RECORDS <br /> SURVEYOR shall retain all records relating to this contract for six years after <br /> the Department of Community Affairs has accepted the final closeout documents for <br /> the grant from COUNTY and all other pending matters are closed . <br /> SECTION XXV - ENVIRONMENTAL COMPLIANCE <br /> If this contract exceeds $ 100 , 000 , SURVEYOR shall comply with all <br /> applicable standards , orders , or requirements issued under section 306 of the Clean <br /> Air Act ( 42 U . S . C . 1857 ( h ) , section 508 of the Clean Water Act ( 33 U . S . C . 1368 ) , <br /> Executive Order 11738 , and U . S . Environmental Protection Agency regulations (40 <br /> C . F . R . Part 15 ) . SURVEYOR shall include this clause in any subcontracts over <br /> $ 100 , 000 . <br /> SECTION XXVI - ENERGY EFFICIENCY <br /> SURVEYOR shall comply with mandatory standards and policies relating to <br /> energy efficiency which are contained in the state energy conservation plan issued in <br /> Page 9 of 15 <br />
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