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2007-368
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2007-368
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Page 9 of 12 <br /> 2007-2008 Agreement <br /> Continuing Professional Surveying/GIS Contract <br /> 5 . The insurance policies procured , other than professional liability , shall be <br /> occurrence forms, not claims made policies . Professional liability shall be <br /> on a claims-made basis . <br /> 6 . The insurance companies chosen shall provide certificates of insurance <br /> prior to signing of contracts , to the Indian River County Risk Management <br /> Department. <br /> 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 SURVEYOR shall include all sub-contractors as insured under its <br /> policies or shall furnish separate certificates and endorsements for each <br /> subcontractor. All coverages for subcontractors shall be subject to all of <br /> 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 SURVEYOR. <br /> SECTION XIX — INDEMNIFICATION <br /> SURVEYOR hereby agrees to indemnify, and hold harmless, the COUNTY, and <br /> the COUNTY's officers, employees and agents , from and against any and all claims <br /> from liabilities, damages , losses, costs, third party claims , judgments , and expense to <br /> persons or property, including reasonable attorneys' fees, to the extent caused by the <br /> negligence , recklessness , or intentionally wrongful conduct of SURVEYOR , or of <br /> SURVEYOR' s officers , employees, or agents, and SURVEYOR shall indemnify the <br /> 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 /> SURVEYOR shall be responsible for the safety of its employees and sub- <br /> consultants arising from SURVEYOR's operations. All projects shall follow proper <br /> safety procedures referencing the Florida Department of Transportation Safety <br /> Standards for Surveyors and as in accordance with generally accepted practices , the <br /> SURVEYOR may report any observed job site safety violations by others to the <br /> COUNTY. SURVEYOR shall not be responsible for or have control over safety <br /> precautions and programs by others who may be working at the job site . <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 /> F:\Engineering\Capital Projects\0725- 2007 Annual Prof. Survey Contract\Agreements\0725- 07-08 Kimley Hom <br /> AGREEMENT mob 2007 KH REV 10-5-07 .doc <br />
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