Okaloosa County BOCC — May 17, 2016 — Subagreement — reading text

Risk Manager in writing. The Sub-recipient shall purchase additional liability insurance to maintain the requirements established in this Subagreement. Umbrella or Excess Liability insurance can be purchased to meet the Limits of Liability specified in this Subagreement. Limits of Liability The insurance required shall be written for not less than the following limits unless law requires higher amounts: COVERAGE LIMIT 1. Workers’ Compensation a. State Statutory b. Employers Liability $1 million each accident 2. Business Automobile $1 million each occurrence (Combined Single Limit) 3. Commercial General Insurance $1 million each occurrence (Combined Single Limit) 4. Personal and Advertising Injury $250,000 Notice of Claims or Litigation: The Subrecipient agrees to report any incident and or claim that results from performance of this Subagreement. Within ten (10) days of the Sub-recipient’s knowledge, the County Risk Manager shall receive written notice describing the incident or claim. In the event such incident or claim involves injury or property damage to a third party, verbal notification shall be given the same day the Subrecipient becomes aware of the incident or claim. A detailed written report is to be made within ten (10) days. Certificate of Insurance A. All insurance shall include the interest of all entities named and the respective agents, consultants, servants and employees of each and all other interests as may be reasonably required by Okaloosa County as Additional Insured. The coverage afforded the Additional Insureds under this policy shall be primary insurance. If the Additional Insureds have other insurance that is applicable to the loss, such other insurance shall be on an excess or contingent basis. The amount of the company’s liability under this policy shall not be reduced by the existence of such other insurance. Certificates of insurance, in duplicate, indicating the subagreement and evidencing all required coverage must be submitted to and approved by Okaloosa County prior to commencement of any work. The certificate holder(s) shall be as follows: Okaloosa County 5479A Old Bethel Road Crestview, Florida 32536 All policies shall expressly require thirty (30) days written notice to Okaloosa County at the address set out above, or the cancellations of material alterations of such policies, and the Certificates of Insurance, shall so provide. The certificate, if on a Standard Accord, shall not include language such as “if any” or “but.” Failure to mail such notice shall impose no obligation or lability of any kind upon the county, its agents or representatives. ARTICLE XI1. DISPUTES Any dispute arising under this subagreement which is not settled by subagreement of the parties may be settled by mediation, arbitration, or other appropriate legal proceedings. Pending any decision, appeal or judgment in such proceedings or the settlement of any dispute arising under this subagreement, Subrecipient shall proceed diligently with the performance of this subagreement in accordance with the decision of the County. 6 ARTICLE XII. INDEPENDENT CONTRACTORS Subrecipient and its employees, consultants, agents or independent contractors will perform all services under this agreement as independent contractors. Nothing in this agreement will be deemed to create an employer-employee or principal-agent relationship between the County and Subrecipient’s employees, consultants, agents, or independent contractors. Subrecipient and its employees, consultants, agents, and lower tier Subrecipients will not, by virtue of any services provided under this agreement, be entitled to participate, as an employee or otherwise, int or under any employee benefit plan of the County or any other employment right or benefit available to or enjoyed by employees of the County. ARTICLE XIII. GENERAL PROVISIONS AND CERTIFICATIONS If this subagreement is a subaward under a federal grant or cooperative agreement, Subrecipient certifies that: l. It is not delinquent on the repayment of any federal debt. 2. It is presently not debarred, suspended, proposed for debarment, declared ineligible nor voluntarily excluded from covered transactions by any federal department or agency. 3. It is in compliance with the Drug-Free Work Place Act of 1988. 4. It is in compliance with P.I.. 101-122, Section 1352, which covers restrictions regarding lobbying. ARTICLE XIV. PRIME AWARD PROVISIONS AND ATTACHMENTS The following provisions of the prime award to Okaloosa County Board of County Commissioners are incorporated by attachment, and are applicable to Subrecipient and Subrecipient’s lower tier subagreements. See Exhibit A. I have been informed, understand and agree to comply with the applicable compliance requirements. ARTICLE XV. INTEGRATION This subagreement states the entire contract between the parties in respect to the subject matter of the subagreement and supersedes any previous written or oral representations, statements, negotiations, or agreements. This subagreement may be modified only by written agreement exccuted by authorized representatives of both parties. ARTICLE XVI. THIRD PARTY BENEFICIARIES It is specifically agreed between the parties executing this subagreement that it is not intended by any of the provisions of any part of the subagreement to create in the public or any member thereof, a third party beneficiary under this subagreement, or to authorize anyone not a party to this subagreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this subagreement. IN WITNESS WHEREOF, the parties hereto have caused this subagreement to be executed by their duly authorized representatives. 7 FOR Judge Ben Gordon, Jr. Family Visitation Center, dba: Safe Connections By: Name: Sharon Rogers, Title: Executive Director Date: 6 ’Z'ZQ( (_0 WITNESS: Okaloosa County Board of County Commissioners By: s Name: Charles K. Windes, Jr. Title: Chairman Date: ATTEST: JD Peacock 11, Clerk of Circuit Court