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3 . ENGINEER'S insurance coverage shall be primary. <br /> 4 . All above insurance policies shall be placed with insurers with a Best's <br /> rating of no less that A-VII . The insurer chosen shall also be licensed to <br /> do business in Florida . <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 ENGINEER 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 ENGINEER . <br /> SECTION XIX - INDEMNIFICATION <br /> ENGINEER 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 ENGINEER , or of <br /> ENGINEER's officers , employees , or agents , and ENGINEER 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 /> The ENGINEER is solely responsible for any job site safety. However, in <br /> accordance with generally accepted practices, the ENGINEER may report any observed <br /> job site safety violations 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 /> 7 <br /> F:\Engineering\Capital Projects\Civil Engineering Services Contract\CIVIL ENGINEERS AGREEMENT-Carter <br /> Associates, Inc. . .doc <br />