Okaloosa County BOCC — April 4, 2017 — Nonexclusive COMMERCIAL Solid Waste Collection SeRVICEs Franchise Agreement 3-29-17withlines — reading text

155 a. All insurance policies shall be with insurers licensed to do business in the State of 156 Florida. 157 b. All insurance shall include the interest of all entities named in and its respective 158 agents, consultants, servants and employees of each and all other interests as may 159 be reasonably required by the County as Additional Insured. The coverage afforded 160 the Additional Insured under this policy shall be primary insurance. If the 161 Additional Insured have other insurance that is applicable to the loss, such other 162 insurance shall be on an excess or contingent basis. The amount of the company’s 163 liability under this policy shall not be reduced by the existence of such other 164 insurance. Page 4  Okaloosa County Nonexclusive Commercial Solid Waste Collection Services Franchise Agreement 165 c. “Okaloosa County” shall be listed as Additional Insured by policy endorsement on 166 all insurance contracts applicable to this Agreement except Workers’ 167 Compensation and Professional Liability. 168 d. The County shall be furnished proof of coverage by Certificates of Insurance (COI) 169 and endorsements for every applicable insurance contract required by this 170 Agreement. The COI’s and policy endorsements must be delivered to the Public 171 Works Director or designee not less than ten (10) calendar days prior to the 172 commencement of any and all contractual agreements between the County and 173 Franchisee. 174 e. The County shall retain the right to reject all insurance contracts that do not meet 175 the requirement of this Agreement. Further, the County reserves the right to change 176 these insurance requirements with 60-Day notice to Franchisee. 177 f. The insurance definition of Insured or Additional Insured shall include 178 subcontractors, sub-subcontractors, and any associated or subsidiary companies of 179 Franchisee, which are involved, and which is a part of this Agreement. 180 g. The County reserves the right at any time to require Franchisee to provide certified 181 copies of any insurance policies to document the insurance coverage specified in 182 this Agreement. 183 h. The designation of Franchisee shall include any associated or subsidiary company 184 which is involved and is a part of this Agreement and such, if any associated or 185 subsidiary company involved in the project must be named in the Workers’ 186 Compensation coverage. 187 i. All policies shall be written so that the County will be notified of cancellation or 188 restrictive amendments at least thirty (30) calendar days prior to the effective date 189 of such cancellation or amendment. Such notice shall be given directly to the Public 190 Works Director or designee. 191 7.2 Workers’ Compensation Insurance 192 a. Franchisee shall secure and maintain during the life of this Agreement, Workers’ 193 Compensation insurance for all of his employees employed for the project or any 194 site connected with the work, including supervision, administration or 195 management, of this project and in case any work is sublet, with the approval of the 196 County, Franchisee shall require subcontractors similarly to provide Workers’ 197 Compensation insurance for all employees employed at the site of the project, and 198 such evidence of insurance shall be furnished to the County not less than ten (10) 199 calendar days prior to the commencement of any and all sub-contractual agreements 200 which have been approved by the County. 201 b. Such insurance shall comply with the Florida Workers’ Compensation Law. 202 c. No class of employee, including Franchisee himself, shall be excluded from the 203 Workers’ Compensation insurance coverage. The Workers’ Compensation 204 insurance shall also include Employer’s Liability coverage. Page 5  Okaloosa County Nonexclusive Commercial Solid Waste Collection Services Franchise Agreement 205 7.3 Business Automobile and Commercial General Liability Insurance 206 a. Franchisee shall maintain Business Automobile Liability insurance coverage 207 throughout the life of this Agreement. The insurance shall include Owned, Non- 208 owned & Hired Motor Vehicle coverage. 209 b. Franchisee shall carry other Commercial General Liability insurance against all 210 other Bodily Injury, Property Damage and Personal and Advertising Injury 211 exposures. The coverage shall include both on- and off-Premises operations, 212 Contractual Liability, Board Form Property Damage, and Professional Liability. 213 c. All liability insurance (other than Professional Liability) shall be written on an 214 occurrence basis and shall not be written on a claim-made basis. If the insurance 215 is issued with an aggregate limit of liability, the aggregate limit of liability shall 216 apply only to the locations included in this Agreement. If, as the result of any 217 claims or other reasons, the available limits of insurance reduce to less than those 218 stated in the Limits of Liability, Franchisee shall notify the Public Works Director 219 or designee in writing. Public Works Director or designee shall purchase additional 220 liability insurance to maintain the requirements established in this Agreement. 221 Umbrella or Excess Liability insurance can be purchased to meet the Limits of 222 Liability specified in this Agreement. 223 d. Commercial General Liability coverage shall be endorsed to include the following: 224  Premises – Operations Liability; 225  Occurrence Bodily Injury and Property Damage Liability; 226  Independent Franchisee’s Liability; and, 227  Completed Operations and Products Liability. 228 e. Franchisee shall agree to keep in continuous force Commercial General Liability 229 coverage including Completed Operations and Products Liability for two (2) years 230 beyond the termination or expiration of this Agreement. 231 7.4 Limits of Liability 232 The insurance required shall be written for not less than the following, or greater if required 233 by law and shall include Employer’s liability with limits as prescribed in this Agreement: 234 LIMIT 235 A. Worker’s Compensation 236 (1) State Statutory 237 (2) Employer’s Liability $1,000,000 each accident 238 B. Business Automobile & Commercial $1,000,000 each occurrence 239 General Liability Insurance (A combined single limit) 240 C. Personal and Advertising Injury $250,000 241 D. Pollution Liability $10,000,000 each occurrence 242 7.5 Notice of Claims and Litigation 243 Franchisee agrees to report any incident or claim that results from performance of this 244 Agreement. The Public Works Director or designee shall receive written notice in the form 245 of a detailed written report describing the incident or claim within ten (10) calendar days Page 6  Okaloosa County Nonexclusive Commercial Solid Waste Collection Services Franchise Agreement 246 of the Franchisee’s knowledge. In the event such incident or claim involves injury and/or 247 property damage to a third party, verbal notification shall be given the same day the 248 Franchisee becomes aware of the incident or claim followed by a written detailed report 249 within ten (10) calendar days of verbal notification. 250 7.6 Certificates of Insurance 251 a. Certificates of Insurance, in duplicate, indicating the job site and evidencing all 252 required coverage must be submitted to and approved by Okaloosa County prior to 253 the commencement of any of the work. The certificate holder(s) shall be as follows: 254 Okaloosa County 255 5479-A Old Bethel Road 256 Crestview, Florida 32536 257 b. All policies shall expressly require thirty (30) calendar days written notice to the 258 County at the address set out above, for the cancellation or material alterations of 259 such policies, and the Certificates of Insurance, shall so provide. 260 c. All certificates shall be subject to the County’s approval of adequacy of protection 261 and the satisfactory character of the Insurer. 262 d. The Certificates of Insurance shall disclose any and all deductibles or self-insured 263 retentions (SIRs). All deductibles or SIRs, whether approved by Okaloosa County 264 or not, shall be the Franchisee’s full responsibility. In particular, the Franchisee 265 shall afford full coverage as specified herein to entities listed as Additional Insured. 266 e. In no way will the entities listed as Additional Insured be responsible for, pay for, 267 be damaged by, or limited to coverage required by this schedule due to the existence 268 of a deductible or SIR 269 General Terms 270 a. Any type of insurance or increase of limits of liability not described above which 271 Franchisee requires for its own protection or on account of statute shall be its own 272 responsibility and at its own expense. 273 b. The carrying of the insurance described shall in no way be interpreted as relieving 274 Franchisee of any responsibility under this Agreement. 275 c. Should Franchisee engage a Sub Franchisee or Sub-sub Franchisee, the same 276 conditions will apply under this Agreement to each sub Franchisee and sub-sub 277 Franchisee. 278 d. Franchisee hereby waives all rights of subrogation against the County and its 279 consultants and other indemnities of Franchisee under all the foregoing policies of 280