Okaloosa County BOCC — July 6, 2016 — Amend 11 C1-1798-GM executed by OCDC — reading text

required by the County to perform the service. If the Developer transfers all public records to the public agency upon completion of the contract, the concessionaire shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Developer keeps and maintains public records upon completion of the contract, the Developer shall meet all applicable requirements for retaining the public records. All records stored electronically must be provided to the public agency, upon the request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency 9. Section 21 of C10-1789-GM is amended as follows: GENERAL CONSTRUCTION INSURANCE REQUIREMENTS RESPONDENT’S INSURANCE I The Respondent shall not commence any work in connection with this Agreement until he has obtained all required insurance and such insurance has been approved by the Okaloosa County Risk Manager or designee. Page 8 of 15 All insurance policies shall be with insurers licensed to do business in the State of Florida. All insurance shall include the interest of all entities and their 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 Insured under this policy shall be primary insurance. If the Additional Insured 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. The County shall be listed as Additional Insured by policy endorsement on all insurance contracts applicable to this Agreement except Workers’ Compensation and Professional Liability. The County shall be furnished proof of coverage by certificates of insurance (COI) and endorsements for every applicable insurance contract required by this Agreement. The COI's and policy endorsements must be delivered to the County Representative not less than ten (10) days prior to the commencement of any and all contractual Agreements between the County and the Respondent. The County shall retain the right to reject all insurance contracts that do not meet the requirement of this Agreement. Further, the County reserves the right to change these insurance requirements with 60-day notice to the Respondent. The insurance definition of Insured or Additional Insured shall include Subcontractor, Sub-subcontractor, and any associated or subsidiary companies of the Respondent, which are involved, and which is a part of the contract. Page 9 of 15 8. The County reserves the right at any time to require the Respondent to provide certified copies of any insurance policies to document the insurance coverage specified in this Agreement. 9. The designation of Respondent shall include any associated or subsidiary company which is involved and is a part of the contract and such, if any associated or subsidiary company involved in the project must be named in the Workers® Compensation coverage. 10. All policies shall be written so that the County will be notified of cancellation or restrictive amendments at least thirty (30) days prior to the effective date of such cancellation or amendment. Such notice shall be given directly to the County Representative. WORKERS’ COMPENSATION INSURANCE 1. The Respondent shall secure and maintain during the life of this Agreement Workers® Compensation insurance for all of his employees employed for the project or any site connected with the work, including supervision, administration or management, of this project and in case any work is sublet, with the approval of the County, the Respondent shall require the Subcontractor similarly to provide Workers’ Compensation insurance for all employees employed at the site of the project, and such evidence of insurance shall be furnished to the County not less than ten (10) days prior to the commencement of any and all sub-contractual Agreements which have been approved by the County. 2. Such insurance shall comply with the Florida Workers’ Compensation Law. 3. No class of employee, including the Respondent himself, shall be excluded from the Workers® Compensation insurance coverage. The Workers® Compensation insurance shall also include Employer’s Liability coverage. Page 10 of 15 BUSINESS AUTOMOBILE AND COMMERCIAL GENERAL LIABILITY INSURANCE 1. The Respondent shall maintain Business Automobile Liability insurance coverage throughout the life of this Agreement. The insurance shall include Owned, Non- owned & Hired Motor Vehicle coverage. 2. The Respondent shall carry other Commercial General Liability insurance against all other Bodily Injury, Property Damage and Personal and Advertising Injury exposures. The coverage shall include both On and Off-Premises Operations, Contractual Liability, and Broad Form Property Damage. 3. All liability insurance (other than Professional Liability) shall be written on an occurrence basis and shall not be written on a claims-made basis. If the insurance is issued with an aggregate limit of liability, the aggregate limit of liability shall apply only to the locations included in this Agreement. If, as the result of any claims or other reasons, the available limits of insurance reduce to less than those stated in the Limits of Liability, the Respondent shall notify the County representative in writing, The Respondent shall purchase additional liability insurance to maintain the requirements established in this Agreement. Umbrella or Excess Liability insurance can be purchased to meet the Limits of Liability specified in this Agreement. 4. Commercial General Liability coverage shall be endorsed to include the following: 1.) Premises — Operation Liability 2)) Occurrence Bodily Injury and Property Damage Liability 35) Independent Respondent’s Liability 4) Completed Operations and Products Liability S. RESPONDENT shall agree to keep in continuous force Commercial General Liability coverage including Completed Operations and Products Liability for the length of project. LIMITS OF LIABILITY Page 11 of 15 The insurance required shall be written for not less than the following, or greater if required by law and shall include Employer’s liability with limits as prescribed in this contract: LIMIT 1. Worker’s Compensation 1.) State Statutory 2) Employer’s Liability $100,000 each accident 2. Business Automobile $1,000,000 each occurrence (A combined single limit) 3. Commercial General Liability $1,000,000 each occurrence (A combined single limit) 4. Personal and Advertising Injury $250,000 NOTICE OF CLAIMS OR LITIGATION The RESPONDENT agrees to report any incident or claim that results from performance of this Agreement. The County representative shall receive written notice in the form of a detailed written report describing the incident or claim within ten (10) days of the Respondent’s knowledge. In the event such incident or claim involves injury and/or property damage to a third party, verbal notification shall be given the same day the Respondent becomes aware of the incident or claim followed by a written detailed report within ten (10) days of verbal notification. INDEMNIFICATION & HOLD HARMLESS To the fullest extent permitted by law, Respondent shall indemnify and hold harmless the County, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or wrongful conduct of the Respondent and other persons employed or utilized by the Respondent in the performance of this contract. Page 12 of 15 Note: For respondent’s convenience, this certification form is enclosed and is made a part of the bid package. CERTIFICATE OF INSURANCE 1. Certificates of insurance, in duplicate, indicating the job site and evidencing all required coverage must be submitted to and approved by Okaloosa County prior to the commencement of any of the work. The certificate holder(s) shall be as follows: Okaloosa County, 5479A Old Bethel Rd, Crestview, Florida, 32536. 2. All policies shall expressly require 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. 3. All certificates shall be subject to Okaloosa County’s approval of adequacy of protection and the satisfactory character of the Insurer. County reserves the right to approve or reject all deductible/SIR above $10,000. The Certificates of Insurance shall disclose any and all deductibles or self-insured retentions (SIRs). 4. All deductibles or SIRs, whether approved by Okaloosa County or not, shall be the Respondent’s full responsibility. In particular, the Respondent shall afford full coverage as specified herein to entities listed as Additional Insured. 5. In no way will the entities listed as Additional Insured be responsible for, pay for, be damaged by, or limited to coverage required by this schedule due to the existence of a deductible or SIR. Specific written approval from Okaloosa County will only be provided upon demonstration that the Respondent has the financial capability and funds necessary to cover the responsibilities incurred as a result of the deductible or SIR. Page 13 of 15 GENERAL TERMS Any type of insurance or increase of limits of liability not described above which, the Respondent required for its own protection or on account of statute shall be its own responsibility and at its own expense. The carrying of the insurance described shall in no way be interpreted as relieving the Respondent of any responsibility under this contract. Should the Respondent engage a subcontractor or sub-subcontractor, the same conditions will apply under this Agreement to each subcontractor and sub-subcontractor. The Respondent hereby waives all rights of subrogation against Okaloosa County and its consultants and other indemnities of the Respondent under all the foregoing policies of insurance. UMBRELLA INSURANCE The Respondent shall have the right to meet the liability insurance requirements with the purchase of an umbrella insurance policy. In all instances, the combination of primary and umbrella liability coverage must equal or exceed the minimum liability insurance limits stated in this Agreement. 10. If any part of this Contract is declared unenforceable or invalid by an appropriate court of law, the remainder will continue to be valid and enforceable. 11. All provisions not in conflict with this Amendment remain in full force and effect, and are to be performed at the level specified in the agreement. Page 14 of 15 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials/ representatives on the day and date indicated below: For Okaloosa County: For Okaloosa Community Development Corporation: s Nt Charles K. Windes, Jr. Jim\ReUbins, Executive Director Chairman, Board of County Commissioners Okaloosa Community-Development Corporation é,é,;///é Date Date ATTEST: J.D. Peacock II Clerk of Circuit Court Page 15 of 15