Okaloosa County BOCC — June 3, 2014 — aramark contrac FINAL MAY2014t-052314 — reading text

received and reviewed the COUNTY’s Purchasing Manual and Tourist Development Operations and Procedures Manual, and agrees to conform to the requirements of these policies. A violation of any COUNTY policy relating to the purchasing of services or the administration of this Agreement as required by the COUNTY policies shall be deemed a material breach of this Agreement. 8.4 The CONTRACTOR certifies that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of executing this Agreement. Any inaccuracies in wage rates shall be absorbed by the CONTRACTOR. CONTRACTOR represents that it has furnished a Public Entity Crimes Affidavit pursuant to Section 287.133, Florida Statutes. 8.5 In connection with the services to be performed under this Agreement, CONTRACTOR agrees to comply with the applicable provisions of State and Federal Equal Employment Opportunity statutes and regulations. ARTICLE IX: AVAILABILITY OF CONTRACTOR RECORDS. 9.1 The CONTRACTOR shall maintain records, books, documents, passwords, papers, inspection reports and financial information pertaining to work performed under this Agreement. The COUNTY upon reasonable request and notice, shall have, during regular business hours, access to and the right to review and obtain copies of any and all inspection reports, Gross Receipts (as defined below) statements, information and reports. The CONTRACTOR agrees that the COUNTY, or any of its duly authorized representatives shall, upon reasonable request and notice, until expiration of one (1) year after final payment under this Agreement have access to, during regular business hours, and the right to examine any and all inspection reports, Gross Receipt statements, information and reports generated pursuant to the services provided by NFRAG pursuant-to-this-Agreement.In-the-event- that-sueh-audit-is-in-progress-at-the———— = expitation of the afovementioned one (1) year period, access to and right to examine will continue until completion of such audit. ARTICLE X: GENERAL INSURANCE REQUIREMENTS. 10.1 The CONTRACTOR shall not commence any work in connection with this Agreement until it has obtained all required insurance and such insurance has been approved by the Okaloosa County Risk Management Officer. 10.2 All insurance policies shall be with insurers licensed to do business in the State of Florida, and any insuring company is required to have a minimum rating of A, Class X in the Best Key Rating Guide published A. M. Best & Co., Inc. 10.3. 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 reasonably change these insurance requirements with sixty (60) days’ notice to the CONTRACTOR. 10.4 Insurance requirements itemized in this Agreement, and required of the CONTRACTOR, shall be provided on behalf of all subcontractors to cover their operations performed under this Agreement. The CONTRACTOR shall be held responsible for any modifications, deviations, or omissions in these insurance requirements as they apply to subcontractors. 10.5 The designation of CONTRACTOR shall include any subcontractor or subsidiary company which is involved and is a part of the contract and such, if any subcontractor or subsidiary company involved in the project must carry Workers! Compensation coverage. 10.6 CONTRACTOR agrees to give notice to the COUNTY in writing, of any cancellation of any insurance policies required herein. Such notice will be given within 5 days of CONTRACTOR’ receipt of cancellation. 10.7 All insurance contracts, except the Workers' Compensation shall list the COUNTY as an Additional Insured. CONTRACTOR shall provide the COUNTY current Certificates of Insurance for all policies at least ten (10) days before commencing work. ARTICLE XI: WORKERS’ COMPENSATION 11.1. The CONTRACTOR shall secure and maintain during the term of this Agreement Workers' Compensation insurance for all employees employed by CONTRACTOR at the ECCC, including supervision, administration and management personnel. In case any services under this Agreement are sublet with the approval of the COUNTY, the CONTRACTOR shall require the subcontractor to provide Workers' Compensation insurance for all its employees. ————Evidence of such-insurance shall be furnished-to the COUNTY not lessthan-ten-(10) days-priorto————— the commencement of any and all subcontracted work. 11.2 Such insurance shall comply with the Florida Workers' Compensation Law. 11.3. Coverage shall include a waiver or subrogation clause in favor of the COUNTY. Also, this endorsement must be indicated on all Certificates of Insurance. 11.4 The COUNTY is not liable for Social Security contributions pursuant to Section 418, U.S. Code, relative to the compensation of the CONTRACTOR during the period of this Agreement. The CONTRACTOR shall procure, pay for, and maintain Workers’ Compensation insurance as required by law. The CONTRACTOR is solely responsible for any claims made by its employees under the Fair Labor Standards Act. ARTICLE XII: BUSINESS AUTOMOBILE AND COMMERCIAL GENERAL LIABILITY 12.1 The CONTRACTOR shall maintain Business Automobile Liability insurance coverage throughout the term of this Agreement and any extension hereto. The insurance shall include Owned, Non-Owned & Hired motor vehicle coverage. 12.2. The CONTRACTOR shall carry other Commercial General Liability insurance against all other Bodily Injury, Property Damage and Personal and Advertising Injury exposures. Such coverage shall include both On and Off Premises Operations, Contractual Liability, and Board Form Property Damage. 12.3. Commercial General Liability coverage shall be endorsed to include the following: a) On and Off Premises Operation Liability b) Occurrence Bodily Injury and Property Damage Liability c) Independent Contractor Liability d) Completed Operations and Products Liability 12.4 The CONTRACTOR shall agree to maintain in force Commercial General Liability Insurance including Completed Operations and Products Liability coverage for at least two (2) years following acceptance of the project by the COUNTY. 12.5 All liability insurance shall be written on an occurrence basis and shall not be written on a claim-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 Section 12.6 below, the CONTRACTOR shall notify the COUNTY representative in writing. The CONTRACTOR shall purchase additional liability insurance to maintain the requirements established in this Agreement. Umbrella or Excess Liability insurance can be purchased to meet he-limi ified-in-S: i the-limits specified-in ection-12.6-below. 12.6 LIMITS OF LIABILITY. The insurance required shall be written for not less than the following limits unless law requires higher amounts: 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 Liability Insurance $1 million each occurrence (Combined Single Limit) 4. Personal Injury and Advertising $250,000 each occurrence (Combined Single Limit) 12.7 The CONTRACTOR agrees to report any incident or claim that results from performance of this Agreement. Within ten (10) days of the CONTRACTOR’s knowledge, the Okaloosa County Risk Management Officer 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 CONTRACTOR becomes aware of the incident or claim. A detailed written report is to be made within ten (10) days of such verbal notification. ARTICLE XIII: CERTIFICATE OF INSURANCE 13.1 All insurance shall include the interest of all entities names in and its respective agents, subcontractors, representatives and employees of each and all other interests as may be reasonably required by the COUNTY as Additional Insured. The coverage afforded the Additional Insureds under this policy shall be primary insurance with respect to claims arising from CONTRACTOR’s negligence and/or intentional misconduct If the Additional Insureds have other insurance that is applicable to the loss, such other insurance shall be on an excess or 8 contingent basis. The amount of the company’s liability under this policy shall not be reduced by the existence of such other insurance. 13.2 Certificates of insurance, in duplicate, evidencing all required coverage must be submitted to and approved by the COUNTY prior to the commencement of any of the work. The certificate holder(s) shall be as follows: Okaloosa County 602-C North Pearl Street Crestview, Florida 32536 13.3 The certificate, if on a Standard Accord, shall not include language such as "if any" or but failure to mail such notice shall impose on obligation or liability of any kind upon the COUNTY, its agents or representatives. 13.4 All certificates shall be subject to the COUNTY’s approval of adequacy of protection and the satisfactory character of the Insurer. 13.5 All deductibles or self-insured retentions (“SIRs”), whether approved by the COUNTY or not, shall be the full responsibility of the CONTRACTOR. In particular, the CONTRACTOR shall afford full coverage as specified herein to entities listed as Additional Insureds. In no way will the entitles listed as Additional Insureds 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 the COUNTY will only be provided upon demonstration that the CONTRACTOR has the financial capability and funds necessary to cover the responsibilities incurred as a result of the deductible or SIR. 13.6 In the event of failure of the CONTRACTOR to furnish and maintain said insurance and to furnish satisfactory evidence thereof, the COUNTY shall, upon providing CONTRACTOR five (5) days’ written notice, have the right (but not the obligation) to take out and maintain insurance on behalf of the CONTRACTOR for services performed under this Agreement. All costs for such coverage shall be paid by CONTRACTOR upon presentation of an invoice or bill. 13.7. Any type of insurance or increase of limits of liability not described above which the CONTRACTOR 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 CONTRACTOR of any responsibility under this Agreement. Should the CONTRACTOR engage a subcontractor or sub-subcontractor, the same conditions will apply under this agreement to each subcontractor and subsubcontractor. The CONTRACTOR hereby waives all rights of subrogation against Okaloosa County and its consultants and other indemnities of the CONTRACTOR under all the foregoing policies of insurance. ARTICLE XIV: INDEMNIFICATION AND HOLD HARMLESS 14.1 To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold harmless COUNTY, its officers and employees from liabilities, damages, losses, and costs 9 including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this Agreement. ARTICLE XV: AMENDMENT 15.1 This Agreement may be amended, in writing, by the mutual consent of the parties. ARTICLE XVI: ENTIRE AGREEMENT 16.1 This Agreement constitutes the entire understanding between the parties with respect to the transactioncontemplated_ herein