Exhibit_C_Insurance_Requirements.pdf

SOLICITATION 26-P-45PW INSURANCE REQUIREMENTS EXHIBIT C

26-P-45PW Exhibit C Insurance Requirements Page 1 of 12

1. Required Types of Insurance

The Lessee (hereinafter “Contractor”) shall purchase and maintain at its own expense, during the term of the Agreement, the types and amounts of insurance with limits no less than those shown below, in the form and from companies satisfactory to the County, as detailed in Figure 1 below. Figure 1 is a listing and general summary of insurance policies required and is not intended to be comprehensive as to the requirements of each specific policy. Contractors shall review the additional requirements in this Exhibit C and ensure that the insurance policies comply with the specific terms and conditions therein.

Figure 1:

TYPE OF INSURANCE

REQUIREMENTS OF CONTRACTOR (LESSEE)

WORKERS’ COMPENSATION

Waiver of Subrogation in favor of County

Florida Statutory Coverage

COMMERCIAL GENERAL LIABILITY

Occurrence Basis Contractual Liability ISO CG 00 01 form required County Additional Insured (Utilizing each of the following ISO coverage forms: ISO CG 20 10 (Premises & Operations), CG 20 24 (Owners or Other Interest From Whom Land Has Been Leased), CG 20 37 (Products & Completed Operations).

Alternative or modified forms will not be accepted.

Waiver of Subrogation in favor of County Primary & Non-Contributory with any insurance or self-insurance maintained by County.

Designated Location specific limit ISO Form

CG 25 04 or its equivalent.

ISO Form CG 21 01 or equivalent endorsement or exclusion prohibited.

Self-Insurance Prohibited Policy Retentions Prohibited

EACH OCCURRENCE $ 1,000,000

GENERAL AGGREGATE $ 5,000,000

Premises-Operations $ 1,000,000

Products & Completed Ops $ 1,000,000

Personal & Adv Inj. $ 1,000,000

Participant Legal Liability $ 1,000,000

RETAIL LIQUOR LIABILITY

County Additional Insured Primary & Non-Contributory with any insurance or self-insurance maintained by County.

Waiver of Subrogation in favor of County

Required when alcohol products will be sold, served, or furnished.

$ 1,000,000 Occurrence

$ 2,000,000 Aggregate

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ABUSE & MOLESTATION

Abuse & Molestation Coverage (Can be provided by stand-alone policy if not included in CGL by endorsement-Note conditions & requirements below if coverage is endorsed to another policy).

$ 1,000,000 Occurrence/Aggregate

ENVIRONMENTAL SITE POLLUTION

LIABILITY

County Additional Insured Waiver of Subrogation in favor of County Primary & Non-Contributory with any insurance or self-insurance maintained by County.

Endorsement: County Loss Payee for first-party cleanup/corrective action proceeds.

Non-Owned Disposal Site Coverage Transportation Pollution Liability Storage Tank Coverage

$ 2,000,000 Incident $ 2,000,000 Aggregate

COMMERCIAL AUTO LIABILITY

Any Auto Contractor, its subcontractors & independent contractors shall name County as Additional Insured Waiver of Subrogation in favor of County Primary & Non-Contributory with any insurance or self-insurance maintained by County.

Combined Single Limit $ 1,000,000

Bodily Injury (Per person) $

Bodily Injury (Per accident) $

Property Damage (Per Accident) $

Note: If contractor does not have “Coverage Symbol 1: Any Auto”, Contractor shall maintain Coverage Symbols 7, 8, & 9 (Scheduled, Hired, & Non-Owned Autos).

EXCESS LIABILITY

Follow Form Basis CGL & Auto Liability Participant Legal Liability County Additional Insured Waiver of Subrogation in favor of County Primary & Non-Contributory with any insurance or self-insurance maintained by County Designated Location specific limit ISO Form

CG 25 04.

ISO Form CG 21 01 or equivalent endorsement or exclusion prohibited.

$ 5,000,000 per Occurrence/Aggregate

If primary CGL Aggregate Limit is less than $5,000,000 the difference in required limits shall be in addition to the above requirement through the purchase of an increased excess policy limit.

Note: If County cannot be added as additional insured, then policy shall be endorsed to provide additional insured status if required on the primary policy.

BUILDERS RISK

County Endorsed Additional Loss payee by ISO Form

CP 12 18

All-Risk Wind, Named Storm, & Hail

Flood Insurance required for properties located in FEMA designated Special Flood Hazard Area.

Value of construction in progress.

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PROPERTY INSURANCE

County Additional Named Insured (not Additional Insured).

All-Risk Wind, Hail, Named Storm.

Flood required for structures located in FEMA designated Special Flood Hazard Area Business Interruption Insurance for loss of rents due to covered perils as calculated in method enumerated in Force Majeure section of this Agreement.

Replacement Cost of Vertical Structures.

CANCELLATION: Thirty (30) days written notice of cancellation is required to the Certificate Holder:

Certificate Holder:

County of Volusia Purchasing & Contracts Division 123 W. Indiana Avenue, Room 302 DeLand, FL 32720

ATTN: ____________________________

Risk Management Division

TYPE OF INSURANCE

REQUIREMENTS OF GENERAL CONTRACTORS

RETAINED BY CONTRACTOR (LESSEE)

WORKERS’ COMPENSATION

Waiver of Subrogation in favor of County

Florida Statutory Coverage

COMMERCIAL GENERAL LIABILITY

Occurrence Basis Contractual Liability ISO CG 00 01 form required County Additional Insured (Utilizing both ISO

Forms CG 20 37 for products & completed ops and CG 20 38 for premises & operations or their equivalents)

Waiver of Subrogation in favor of County Primary & Non-Contributory with any insurance or self-insurance maintained by County.

Self-Insurance Prohibited Policy Retentions Prohibited

EACH OCCURRENCE $ 1,000,000

GENERAL AGGREGATE $ 2,000,000

Premises-Operations $ 1,000,000

Products & Completed Ops $ 1,000,000

Personal & Adv Inj. $ 1,000,000

COMMERCIAL AUTO LIABILITY

Any Auto Contractor, its subcontractors & independent contractors shall name County as Additional Insured Waiver of Subrogation in favor of County Primary & Non-Contributory with any insurance or

Combined Single Limit $ 1,000,000

Note: If contractor does not have “Coverage Symbol 1: Any Auto”, Contractor shall maintain Coverage Symbols 7, 8, & 9 (Scheduled, Hired, & Non-Owned Autos).

26-P-45PW Exhibit C Insurance Requirements Page 4 of 12

BUILDERS RISK

County Additional Loss Payee by endorsement of

ISO Form CP 12 28 All-Risk Wind, Named Storm, & Hail Flood for properties in FEMA designated Special Flood Hazard Area.

Value of construction in progress.

CONTRACTORS POLLUTION LIABILITY

County Additional Insured Waiver of Subrogation in favor of County Primary & Non-Contributory with any insurance or

Endorsement: Non-owned Disposal site coverage.

Required if fueling will occur on County property

$ 1,000,000 Incident

$1,000,000 Aggregate

CANCELLATION: Thirty (30) days written notice of cancellation is required to the Certificate Holder:

Certificate Holder:

County of Volusia Purchasing & Contracts Division 123 W. Indiana Avenue, Room 302 DeLand, FL 32720

ATTN: ____________________________

Risk Management Division

A. For the purposes of indemnification of the County or an endorsement or insurance coverage under this Agreement/Contract under which the County is a “named insured”, “additional named insured”, or “additional insured”, the term “County” includes the County of Volusia (a body corporate and politic and a subdivision of the State of Florida), including its districts, authorities, separate units of government established by law, ordinance or resolution, partners, elected and non-elected officials, employees, agents, volunteers, and any party with whom the County has agreed by contract to provide additional insured status.

B. The policy limits for all required policies in Figure 1 shall apply separately from one another and shall not be shared with any other insurance policy or coverage line or reduce the aggregate limit of any other insurance coverage form or policy required in this exhibit.

C. Required Participant Hold Harmless, Release, & Indemnification Waiver.

Contractor shall obtain from and require of all invitees, licensees, and other users of the premises to execute a hold harmless agreement. Agreement shall include a Hold Harmless, Release, and Indemnification of the County.

Contractor shall maintain releases for the period of the statute of limitations from the date of execution plus six months.

D. General Contractors. In all contracts with General Contractors, with whom

Contractor enters into related to the performance of this Agreement, Contractor shall include a provision requiring its General Contractors to obtain and maintain all types and amounts of insurance with limits no less than those shown in Figure 1, General Contractor Required Types and Limits of Insurance Chart. Contractor

26-P-45PW Exhibit C Insurance Requirements Page 5 of 12 shall include in all contracts with its General Contractors the defense and indemnification requirement of the County contained in this Agreement to defend and indemnify the County for the General Contractors, their sub-contractors and independent contractors negligence. The General Contractor required policies shall be subject to the same terms and conditions required of the Contractor in this Exhibit. Contractor agrees to monitor, review, and verify all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section.

E. Claims Made Basis Insurance Policies. All insurance policies written on a Claims

Made Form shall maintain a retroactive date prior to or equal to the effective date of the Agreement. Contractor shall purchase a Supplemental Extended Reporting Period (“SERP”) with a minimum reporting period of not less than three (3) years in the event the policy is canceled, not renewed, switched to occurrence form, or any other event which requires the purchase of a SERP to cover a gap in insurance for claims which may arise under or related to the Agreement. Contractor’s purchase of the SERP shall not relieve the Contractor of the obligation to provide replacement coverage. In addition, the Contractor shall require the carrier immediately inform the Contractor, the County Risk Manager, and the Purchasing and Contracts Division of any contractual obligations that may alter its professional liability coverage under the Agreement.

F. Risk Retention Groups and Pools. Contractor shall not obtain an insurance policy required under this Agreement from a Risk Retention Group or Pool.

G. Minimum Required Policies and Limits. Minimum underlying policies, coverages, and limits shall include all policies listed in Figure 1.

H. Additional Insured, Policies, Coverages, Limits, Primary and Non-Contributory

Basis. Under all insurance policies where the County is required to be an additional insured, the coverage and limits provided to the County under Contractor’s insurance policies shall be that listed in Figure 1 or the Contractor’s actual limits, whichever is higher. All coverage provided to the County as an additional insured by said policies shall be primary and shall not be additional to or contributing with any other insurance carried or maintained by the County or with any other insurance available to the County and provide a waiver of subrogation in favor of County. Contractors performing construction projects shall utilize ISO Forms CG 20 38 and CG 20 37, or their equivalents (unless an exception is identified in this Exhibit) to provide additional insured status under their Commercial General Liability policy to the County and any party to whom the County is contractually bound to provide additional insured status under a commercial general liability policy.

I. Disposal of Materials. If the services provided require the disposal of any hazardous or non-hazardous materials off the job site, the disposal site operator must furnish a certificate of insurance for Pollution Legal Liability with coverage for bodily injury and property damage for losses that arise from the facility that is accepting the waste under the Agreement.

J. Workers’ Compensation. Workers’ Compensation insurance is required for all employees of the Contractor, employed or hired to perform or provide work or services under the Agreement or that is in any way connected with work or services performed under the Agreement, without exclusion for any class of employee, and

26-P-45PW Exhibit C Insurance Requirements Page 6 of 12 shall comply fully with the Florida Workers’ Compensation Law (Chapter 440, Florida Statutes, Workers’ Compensation Insurance) and include Employers’ Liability Insurance with limits no less than the statutory amount. Policy shall be endorsed with NCCI form WC 00 03 13 providing a waiver of subrogation in favor of the County. If Contractor is using a “leased employee” or an employee obtained through a Professional Employer Organization (“PEO”), Contractor is required to have such employees covered by worker’s compensation insurance in accordance with Florida Worker’s Compensation law. The PEO shall endorse its workers’ compensation policy with NCCI form WC 00 03 13 providing a waiver of subrogation in favor of the County, its employees, and insurers.

i. Contractor, its General Contractors, and its Subcontractors, or any associated or subsidiary company doing work on County property or under the Agreement must be named in the Workers’ Compensation coverage or provide proof of their own Workers’ Compensation coverage, without exclusion of any class of employee, and with a minimum of the statutory limits per occurrence for Employer’s liability coverage. Further, if the Contractor's subcontractors or general contractors fail to obtain Workers’ Compensation insurance and a claim is made against the County by the uncovered employee of said general contractor or Subcontractor of the Contractor, the Contractor shall indemnify, defend, and hold harmless the County from all claims and for all costs including attorney’s fees and costs arising under said employee(s) Workers’ Compensation insurance claim(s).

K. Commercial General Liability Insurance. Contractor shall obtain and maintain

Commercial General Liability insurance, with limits of not less than the amounts shown in Figure 1. Contractor shall not obtain an insurance policy wherein the policy limits are reduced by defense and claim expenses. Such insurance shall be issued on an occurrence basis and include coverage for the Contractor’s operations, independent contractors, and subcontractors protecting itself, its employees, agents, Contractor or subsidiaries, and their employees or agents for claims for damages caused by bodily injury, property damage, personal or advertising injury, and products liability/completed operations including what is commonly known as Coverages A and B. The commercial general liability policy shall provide coverage to County as an additional insured either by endorsement or pursuant to a blanket additional insured endorsement, for those sources of liability which would be covered by the latest edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01), as filed for use in the State of Florida by the Insurance Services Office, without the attachment of any endorsements excluding or limiting coverage for Bodily Injury, Property Damage, Products/Completed Operations, Independent Contractors. County shall be added as an additional insured by endorsement utilizing each of the following ISO Forms CG 20 10 (Premises & Operations), CG 20 24 (Owners or other Interest From Whom Land Has Been Leased) and CG 20 37 (Products & Completed Operations). Alternative forms will not be accepted. Policy shall be endorsed to be primary to and non-contributory with any insurance or self-insurance maintained by County and provide a waiver of subrogation in favor of County. Policy shall be endorsed with ISO Form CG 25 04 (Designated Location General Aggregate Limit) or its equivalent.

Commercial General Liability Policy shall be endorsed, without sub-limit, to include Participant Legal Liability to cover liability claims brought by participants in sports

26-P-45PW Exhibit C Insurance Requirements Page 7 of 12 and recreational activities and events. County shall be endorsed as an additional insured under the Participant Legal Liability, on a primary and non-contributory basis with any insurance or self-insurance maintained by County and include a waiver of subrogation in favor of County. Policy shall not exclude Participant Legal Liability or be endorsed with ISO Form CG 21 01 (Exclusion-Athletic or Sports Participants) or an equivalent manuscript form excluding bodily injury, mental anguish, shock, disease, disability, including resulting death, sustained by any person while practicing for or participating in any activity, contest or exhibition, including but not limited to, motorcycle and All-Terrain Vehicle use or activities.

The requirements for pollution liability insurance of Contractor (Lessee) and its General Contractors contained in this Exhibit cannot be met by endorsement to the Commercial General Liability policy.

L. Retail Liquor Liability. Contractor shall obtain and maintain a Retail Liquor Liability insurance policy, with limits of not less than the amounts shown in Figure 1.

Contractor shall not obtain an insurance policy wherein the policy limits are reduced by defense and claim expenses. Such insurance shall be issued on an occurrence basis and include coverage for the Contrator’s operations, employees, and agents in the selling, serving or furnishing of alcoholic beverages on the premises leased to Contractor.

County shall be named as an additional insured under the policy by endorsement to the insurance policy. Policy shall be endorsed to be primary to and non-contributory with any insurance or self-insurance maintained by the County. Policy shall be endorsed with a waiver of subrogation in favor of the County.

Liquor Liability may be added to the Commercial General Liability policy as an alternative to purchasing a Retail Liquor Liability insurance policy. If Liquor Liability is by endorsement to the Commercial General Liability policy required in Figure 1, then the limits for Liquor Liability shall be separate (they shall not be shared) and in addition to the underlying policy limits. When adding to the Commercial General Liability policy, ISO Form CG 24 08 shall be used and County shall be added as an additional insured by ISO Form CG 34 01 “Additional Insured Owners, Manager or Lessors of Premises Liquor Liability”.

L. Abuse & Molestation. The Contractor shall secure and maintain during the term of the Agreement an Abuse & Molestation policy covering claims of abusive conduct (defined as all actual, threatened, or alleged acts of physical abuse, sexual abuse, sexual molestation, sexual misconduct, sexual injury arising out of a single act or continuous or repeated exposure of one person or more people to multiple acts of a sexual nature) with policy limits no less than those required in Figure 1. Policy can be a stand-alone policy or can be added by endorsement to the Commercial General Liability policy. If Abuse & Molestation coverage is by endorsement to another policy required in Figure 1, then the limits for Abuse & Molestation shall be separate (they shall not be shared) and in addition to the underlying policy limits.

M. Environmental Site (Premises) Pollution Liability. The Contractor shall obtain and maintain an environmental site pollution liability policy covering the leased premises with limits and coverages required in Figure 1 during the term of the Agreement. The County shall be named as an additional insured. County shall be endorsed as loss payee for first-party cleanup and corrective action proceeds.

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Coverage shall apply to bodily injury, sickness, disease, mental anguish or shock, including death and medical monitoring; property damage, including loss of use of damaged property or of property that has not been physically injured;

cleanup costs, remediation, and testing; including costs and expenses incurred in the investigation, defense, or settlement of claims. Policy shall provide coverage for the hauling of waste from the Project site to the final disposal location and include Non-Owned Disposal Site coverage. Policy shall include coverage for third party bodily injury and property damage. Policy shall include coverage for transportation pollution liability. Policy shall include coverage for storage tank release, clean-up costs, and corrective action. Policy shall include a defense for any claims for third party bodily injury and property damage and any civil or administrative proceedings or suits which seek to impose a legal obligation to undertake clean-up costs or corrective action. Coverage shall apply to sudden and non-sudden pollution conditions including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water, provided such conditions are not naturally present in the environment in the concentration or amounts discovered, unless such natural conditions(s) are released or dispersed as a result of the performance of Covered Operations. Defense costs shall not be reduced or be included in the policy limits. Policy shall be endorsed to be primary to and non-contributory with any insurance or self-insurance maintained by or available to the County. Policy shall include a waiver of subrogation in favor of County.

N. Contractors Pollution Liability. General Contractors shall purchase coverage for liability caused by pollution conditions arising out of their operations. Coverage shall apply to bodily injury, sickness, disease, mental anguish or shock, including death and medical monitoring; property damage, including loss of use of damaged property or of property that has not been physically injured; cleanup costs, testing, and remediation; including costs and expenses incurred in the investigation, defense, or settlement of claims. Policy shall provide coverage for the hauling of waste from the Project site to the final disposal location and endorsed to include Non-Owned Disposal Site coverage. Coverage shall apply to sudden and non-sudden pollution conditions including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water, provided such conditions are not naturally present in the environment in the concentration or amounts discovered, unless such natural conditions(s) are released or dispersed as a result of the performance of Covered Operations. Policy shall include a severability of interest or separation of insured provision (no insured vs. insured exclusion) and a provision that coverage is primary and non-contributory with any other insurance or self-insurance maintained by the County. County shall be named as an additional insured on the policy with a waiver of subrogation in favor of the County.

County shall be endorsed as loss payee for first-party cleanup and corrective action proceeds.

O. Commercial Auto Liability. Contractor shall secure and maintain during the term of the Agreement a commercial motor vehicle liability policy with a combined single limit of no less than the amounts shown in Figure 1 for bodily injury and property damage arising from the ownership, maintenance, or use of a motor vehicle. Policy shall be written with Coverage Symbol 1 (Any Auto), providing coverage for all

26-P-45PW Exhibit C Insurance Requirements Page 9 of 12 autos operated regardless of ownership, or with Coverage Symbols 7, 8, & 9 (Scheduled, Hired, & Non-Owned vehicles). The County shall be an additional insured under this policy. If Motor Vehicle Liability is by endorsement to another policy required in Figure 1, then the limits for Motor Vehicle Liability shall be separate (they shall not be shared) and in addition to the underlying policy limits.

If endorsed to another policy required in Figure 1, Motor Vehicle Policy Limits shall apply on a per occurrence basis and shall not have an aggregate limit. Policy shall be endorsed to be primary to and not contributory with any insurance or self-insurance maintained by County. Policy shall be endorsed with a waiver of subrogation in favor of County.

P. Excess/Umbrella Liability. Umbrella or Excess Liability policies may be used to obtain the total limits of liability required in Figure 1. These policies shall be written on a follow-form basis subject to the same terms, definitions, exclusions and conditions as the primary policies. Umbrella policies unable to obtain a follow form basis will be accepted if the coverage provided under the policy expands the coverage and does not create coverage gaps between the primary policy and the umbrella policy. These policies shall contain a dropdown coverage provision as well as a duty to defend. Evidence of such coverage should clearly demonstrate the underlying coverages/policies that are included.

The Contractor shall obtain an excess liability policy in addition to the scheduled underlying policies (excess over the primary commercial general liability and commercial auto liability policies) with a limit of no less than the amount shown in Figure 1. This policy shall name the County as an additional insured. If the County cannot be added as an additional insured, then policy shall be endorsed to provide additional insured status if required on the primary policy. Policy shall be endorsed to provide a waiver of subrogation in favor of the County and to be primary and non-contributory with any insurance or self-insurance maintained by County.

Policy shall be endorsed to have a Designated Per Location Aggregate Limit in the amount required in Figure 1.

Excess Commercial General Liability Policy shall be endorsed, without sub-limit, to include Participant Legal Liability to cover liability claims brought by participants in sports and recreational activities and events. County shall be endorsed as an additional insured under the Participant Legal Liability, on a primary and non-contributory basis with any insurance or self-insurance maintained by County and include a waiver of subrogation in favor of County. Policy shall not exclude Participant Legal Liability or be endorsed with ISO Form CG 21 01 (Exclusion- Athletic or Sports Participants) or an equivalent manuscript form excluding bodily injury, mental anguish, shock, disease, disability, including resulting death, sustained by any person while practicing for or participating in any activity, contest or exhibition, including but not limited to, motorcycle and All-Terrain Vehicle use or activities.

Q. Builder’s Risk. Contractor shall purchase Builder’s Risk Insurance (BRI) on a “Special Form” (All-Risk) policy, and shall also include coverage for wind, hail, and named storm. For projects within a Federal Emergency Management Agency (FEMA) designated Special Flood Hazard Area as defined at https://www.fema.gov, Flood insurance shall be purchased. BRI shall be for the full replacement cost of the Project. BRI coverage shall include, but not be limited to, covering all risks of physical loss or damage, including the perils of fire and https://www.fema.gov/

26-P-45PW Exhibit C Insurance Requirements Page 10 of 12 extended coverage, theft, vandalism, malicious mischief, collapse, explosion and underground (“XCU”) perils, debris removal, and demolition, and shall include coverage for reasonable compensation for architects’ services and other expenses made necessary due to an insured loss and any applicable law, ordinance, or regulation. Coverage shall apply to the Work and appurtenances, materials, and equipment to be incorporated into the Project whether in transit or storage on or off the Project site, and to the site construction and structures. Coverage shall apply to any owned, borrowed, leased or rented structures used to facilitate the work. The County shall be an additional Loss payee under this policy by ISO Endorsement Form CP 12 18. Insurer shall provide County 30 days prior notice to cancellation of the policy.

R. Property Insurance. Contractor shall obtain and maintain an All-Risk Property insurance policy for the replacement cost of the leased premises. Policy shall include Wind, Named Storm, and Hail coverage for the replacement cost of the leased premises. For projects within a Federal Emergency Management Agency (FEMA) designated Special Flood Hazard Area as defined at https://www.fema.gov, Flood insurance shall be purchased. Policy shall name County as an additional named insured (not additional insured) and be endorsed with ISO form CP 12 18 naming the County as the loss payee for all damage to leased premises. Policy shall be endorsed to provide County 10 days advance notice of cancellation or change in coverage. Policy shall be endorsed to provide a waiver of subrogation in favor of County and be primary and non-contributory with any insurance maintained by the County. Policy shall include Business Interruption Insurance for loss of rents due to covered perils as calculated in the method enumerated in the Force Majeure section of this Agreement.

T. Primary and Excess Coverage. Any insurance required may be provided by primary and excess insurance policies.

2. Insurance Requirements

A. General Insurance Requirements:

i. Unless authorized in writing by the County, all insurance policies shall be issued by insurers licensed and/or duly authorized under Florida Law to do business in the State of Florida and all insuring companies are required to have a minimum rating of A- and a Financial category size of VIII or greater in the "Best Key Rating Guide" published by A.M. Best & Company, Inc.

ii. Approval by County of any policy of insurance shall not relieve Contractor from its responsibility to maintain the insurance coverage required herein for the performance of work or services by the Contractor or its Subcontractors for the entire term of the Agreement and for such longer periods of time as may be required under other clauses of the Agreement.

iii. Annual Right of Review of Insurance Requirements. County reserves the right to review annually the required insurance policies, coverage forms, endorsements, types of coverage, limits, terms, and conditions of insurance required in this Agreement and revise the same as deemed reasonably necessary by County by providing not less than thirty (30) days written notice to Contractor.

https://www.fema.gov/

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iv. Waiver of Subrogation. Contractor hereby waives all rights against the County and its Subcontractors for damages by reason of any claim, demand, suit or settlement (including workers’ compensation) for any claim for injuries or illness of anyone, or perils arising out of the Agreement.

Contractor shall require similar waivers from all its General Contractors, and Subcontractors. Contractor’s insurance policies shall include a waiver of subrogation in favor of the County. This provision applies to all policies of insurance required under the Agreement (including Workers’ Compensation, and general liability).

v. County Not Liable for Paying Deductibles. For all insurance required by

Contractor, the County shall not be responsible or liable for paying deductibles for any claim arising out of or related to the Contractor’s business or any Subcontractor or General Contractor performing work or services on behalf of the Contractor or for the Contractor’s benefit under the Agreement.

vi. Cancellation Notices. During the term of the Agreement, Contractor shall be responsible for promptly advising and providing the County Risk Manager and the Purchasing and Contracts divisions with copies of notices of cancellation or any other changes in the terms and conditions of the original insurance policies approved by the County under the Agreement within two (2) business days of receipt of such notice or change.

vi. Contractor’s obligations or services shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity or insurance defense of additional or named insureds which would otherwise exhaust or be unavailable as to a party or person described in this Agreement.

3. Proof of Insurance

A. The Contractor shall be required to furnish evidence of all required insurance in the form of certificates of insurance, which shall clearly outline all hazards covered as itemized herein, the amounts of insurance applicable to each hazard and the expiration dates.

B. The Contractor shall furnish proof of insurance acceptable to the County prior to or at the time of execution of the Agreement and the Contractor shall not commence work or provide any service until the Contractor has obtained all the insurance required under the Agreement and such insurance has been filed with and approved by the County. Upon request from the County, the Contractor shall furnish copies of all required policies and any changes, endorsements, or amendments thereto, immediately, to the County, the County Risk Manager, and Purchasing and Contracts Divisions, prior to and any time after the commencement of any contractual obligations. The Agreement may be terminated by the County, without penalty or expense to County, if at any time during the term of the Agreement proof of any insurance or copies of any insurance policies required hereunder are not provided to the County upon request.

C. All certificates of insurance shall clearly indicate that the Contractor has obtained insurance of the type, amount and classification required by this Section. No work or services by Contractor or its Subcontractors shall be commenced until County has approved these policies or certificates of insurance. Further, the Contractor

26-P-45PW Exhibit C Insurance Requirements Page 12 of 12 agrees that the County shall make no payments pursuant to the terms of the Agreement until all required proof or evidence of insurance has been provided to the County. The Agreement may be terminated by the County, without penalty or expense, if proof of any insurance or copies of any insurance policies required hereunder are not provided to the County upon request.

D. The Contractor shall file replacement certificates with the County at the time of expiration or termination of the required insurance occurring during the term of the Agreement.

4. The provisions of this Exhibit C shall survive the cancellation or termination of the Agreement.