INSURANCE

Selected artist is required to have Specialty Insurance Coverage. Apprentices must be covered under the Lead Artist’s insurance and are required to be covered up to one million dollars and indemnify the City of Pompano Beach. The City will also need to be additionally insured by the artist. A background check on the Lead Artist will be performed.

LICENSEE shall not commence services under the terms of this Agreement until certification or proof of insurance detailing terms and provisions has been received and approved in writing by the CITY’s Risk Manager. If you are responding to a bid and have questions regarding the insurance requirements hereunder, please contact the City’s Purchasing Department at (954) 786-4098. If the contract has already been awarded, please direct any queries and proof of the requisite insurance coverage to City staff responsible for oversight of the subject project/contract.

            LICENSEE is responsible to deliver to the CITY for timely review and written approval/disapproval Certificates of Insurance which evidence that all insurance required hereunder is in full force and effect and which name on a primary basis, the CITY as an additional insured on all such coverage. 

Throughout the term of this Agreement, CITY, by and through its Risk Manager, reserve the right to review, modify, reject or accept any insurance policies required by this Agreement, including limits, coverages or endorsements.  CITY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of poor financial condition or failure to operate legally.

Failure to maintain the required insurance shall be considered an event of default. The requirements herein, as well as CITY’s review or acceptance of insurance maintained by LICENSEE, are not intended to and shall not in any way limit or qualify the liabilities and obligations assumed by LICENSEE under this Agreement.

            Throughout the term of this Agreement, LICENSEE and all subcontractors or other agents hereunder, shall, at their sole expense, maintain in full force and effect, the following insurance coverages and limits described herein, including endorsements. 

A.         Worker’s Compensation Insurance covering all employees and providing benefits as required by Florida Statute, Chapter 440.  LICENSEE further agrees to be responsible for employment, control and conduct of its employees and for any injury sustained by such employees in the course of their employment.

B.         Liability Insurance.

(1)        Naming the City of Pompano Beach as an additional insured as CITY’s interests may appear, on General Liability Insurance only, relative to claims which arise from LICENSEE’s negligent acts or omissions in connection with LICENSEE’s performance under this Agreement.

(2)        Such Liability insurance shall include the following checked types of insurance and indicated minimum policy limits. 

Type of Insurance                                                             Limits of Liability

GENERAL LIABILITY:                         Minimum 1,000,000 Per Occurrence and $2,000,000 Per Aggregate

* Policy to be written on a claims incurred basis

XX     comprehensive form                    bodily injury and property damage

XX     premises - operations                  bodily injury and property damage

__      explosion & collapse

          hazard                                         

__      underground hazard                   

XX     products/completed                     bodily injury and property damage combined

          operations hazard                       

XX     contractual insurance                  bodily injury and property damage combined

XX     broad form property damage       bodily injury and property damage combined

XX     independent LICENSEEs            personal injury

XX     personal injury

__      sexual abuse/molestation            Minimum $1,000,000 Per Occurrence and Aggregate

          liquor legal liability                       Minimum $1,000,000 Per Occurrence and Aggregate

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AUTOMOBILE LIABILITY:                  Minimum $1,000,000 Per Occurrence and $3,000,000 Per Aggregate. Bodily injury (each person) bodily injury (each accident), property damage, bodily injury and property damage combined.

XX     comprehensive form                   

XX     owned                                         

XX     hired                                            

XX     non-owned                                  

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REAL & PERSONAL PROPERTY

_comprehensive form         Agent must show proof they have this coverage.

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EXCESS LIABILITY      Per Occurrence    Aggregate                                                             

__other than umbrella      bodily injury and property damage combined           $2,000,000                                   $2,000,000                          

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PROFESSIONAL LIABILITY                    Per Occurrence   Aggregate

___    * Policy to be written on a claims made basis           $1,000,000                                   $1,000,000

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(3)        If Professional Liability insurance is required, LICENSEE agrees the indemnification and hold harmless provisions set forth in the Agreement shall survive the termination or expiration of the Agreement for a period of three (3) years unless terminated sooner by the applicable statute of limitations.

            C.        Employer’s Liability.  If required by law, LICENSEE and all subcontractors shall, for the benefit of their employees, provide, carry, maintain and pay for Employer's Liability Insurance in the minimum amount of One Hundred Thousand Dollars ($100,000.00) per employee, Five Hundred Thousand Dollars ($500,000) per aggregate.

D.        Policies:  Whenever, under the provisions of this Agreement, insurance is required of the LICENSEE, the LICENSEE shall promptly provide the following:

(1)        Certificates of Insurance evidencing the required coverage;

(2)        Names and addresses of companies providing coverage;

(3)        Effective and expiration dates of policies; and

(4)        A provision in all policies affording CITY thirty (30) days written notice by a carrier of any cancellation or material change in any policy.

            E.         Insurance Cancellation or Modification.  Should any of the required insurance policies be canceled before the expiration date, or modified or substantially modified, the issuing company shall provide thirty (30) days written notice to the CITY.

            F.         Waiver of Subrogation.  LICENSEE hereby waives any and all right of subrogation against the CITY, its officers, employees and agents for each required policy.  When required by the insurer, or should a policy condition not permit an insured to enter into a pre-loss agreement to waive subrogation without an endorsement, then LICENSEE shall notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy which includes a condition to the policy not specifically prohibiting such an endorsement, or voids coverage should LICENSEE enter into such an agreement on a pre-loss basis.

ARTIST SELECTION PROCESS

The selection process is managed by the City of Pompano Beach. The Pompano Beach Public Art Committee will create a sub-committee that will serve as the selection committee and interview the Lead Artist and approve the apprentices. The subcommittee will recommend their selection to the City Commission. The City Commission will either approve or deny the subcommittee’s selection. Final purchase approval is contingent upon inspection ensuring long-term conservation of the artwork.

            Other Selection Issues:

a.     Florida “Sunshine Laws”: All meetings of the Public Art Committee are open to the public, are publicly advertised and are documented through written minutes.

b.     Conflicts of Interest: Artists with immediate family or business partners on the selection committee are not eligible to apply. A selection committee member may choose to withdraw from discussion and voting for any apparent conflict of interest.

c.     Public Art Committee Contacts: Artist applicants should not contact Public Art Committee members between the release of the Call to Artists and the completion of the selection process. Contact the City of Pompano Beach for all questions and information.

The selected artist is required to give one talk or workshop concerning working as a public artist and the mosaic process after the completion of the project.