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09/23/2014
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09/23/2014
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Last modified
4/4/2018 5:03:45 PM
Creation date
3/23/2016 8:52:39 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
09/23/2014
Meeting Body
Board of County Commissioners
Book and Page
205
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H:\Indian River\Network Files\SL00000E\S0004A7.tif
SmeadsoftID
14152
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7. Each insurance company shall provide the Indian River County Risk <br />Management Department with a certificate of insurance that states that <br />the insurance company will provide 30 days notice to the Risk <br />Management Department, of its intent to modify or cancel said policies of <br />insurance. Such notice shall be in writing by registered mail, return receipt <br />requested, and addressed to the Risk Manager of the Risk Management <br />Department. <br />8. The GEOTECHNICAL PROFESSIONAL shall include all sub -contractors <br />as insured under its policies or shall furnish separate certificates and <br />endorsements for each subcontractor. All coverages for subcontractors <br />shall be subject to all of the requirements stated herein. <br />9. Any deductibles or self-insured retentions greater than $5,000 must be <br />approved by the Risk Manager for Indian River County with the ultimate <br />responsibility for same going to the GEOTECHNICAL PROFESSIONAL. <br />SECTION XIX - INDEMNIFICATION <br />GEOTECHNICAL PROFESSIONAL hereby agrees to indemnify, and hold <br />harmless, the COUNTY, and the COUNTY's officers, employees and agents, from and <br />against any and all claims from liabilities, damages, losses, costs, third party claims, <br />judgments, and expense to persons or property, including reasonable attorneys' fees, to <br />the extent caused by the negligence, recklessness, or intentionally wrongful conduct of <br />GEOTECHNICAL PROFESSIONAL, or of GEOTECHNICAL PROFESSIONAL's <br />officers, employees, or agents, and GEOTECHNICAL PROFESSIONAL shall indemnify <br />the COUNTY against any such claims and any judgments that may be entered in <br />connection therewith, including reasonable attorneys' fees. <br />SECTION XX — SAFETY <br />The GEOTECHNICAL PROFESSIONAL is solely responsible for any job site <br />safety. However, in accordance with generally accepted practices, the <br />GEOTECHNICAL PROFESSIONAL may report any observed job site safety violations <br />by others to the COUNTY. <br />SECTION XXI — CHOICE OF LAW AND VENUE <br />This Agreement shall be governed by the laws of the State of Florida. Venue for any <br />lawsuit brought by either party against the other party or otherwise arising out of this <br />Contract shall be in Indian River County, Florida, or in the event of a federal jurisdiction, in <br />the United States District Court for the Southern District of Florida. <br />SECTION XXII — ENTIRETY OF AGREEMENT <br />This writing embodies the entire Agreement and understanding between the <br />parties hereto, and there are no other Agreements and understandings, oral or written, <br />with reference to the subject matter hereof that are not merged herein and superseded <br />hereby. No alteration, change, or modification of the terms of this Agreement shall be <br />valid unless made in writing and signed by both parties hereto. <br />7 <br />F:\Public Works\ENGINEERING DIVISION PROJECTS\1349-RFQ 2014007 Geotechnical ServiceslAdmin'Agreements 2014-2015l2014-2016 <br />AGREEMENT ARDAMAN.doc <br />47 <br />
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