INSURANCE
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 TOWN’s Risk Manager. If you are responding to a bid and have questions regarding the insurance requirements hereunder, please contact the TOWN’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 TOWN staff responsible for oversight of the subject project/contract.
LICENSEE is responsible to deliver to the TOWN 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 TOWN as an additional insured on all such coverage.
Throughout the term of this Agreement, TOWN, 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. TOWN 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 TOWN’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 Town of Davie as an additional insured as TOWN’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. 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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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 TOWN 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 TOWN.
F. Waiver of Subrogation. LICENSEE hereby waives any and all right of subrogation against the TOWN, 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.
LETTER OF UNDERSTANDING FOR ARTWORK TO THE TOWN OF DAVIE
Pursuant to Open Call to Artists for the Horseshoe Bike Rack Project, ("Project") issued by the Town of Davie ("Town"), (name of artist) submitted the design(s) attached hereto and made a part hereof as Exhibit 1 (the "Artwork").
As set forth in this Letter of Understanding (“LOU”), I hereby grant the Town all rights to the Artwork which I understand and agree will be displayed at a location or locations of the Town’s choice and further agree as follows:
1. I warrant that as the creator and owner of the Artwork, I possess all copyrights and custody of the original work and therefore have not copied, reproduced in any way, or otherwise infringed upon anyone else's intellectual property rights.
2. I hereby consent and give permission to the Town to incorporate the Artwork into the Town of Davie’s public art catalog and display the artwork as necessary so that it can be viewed by the public. I hereby waive any rights in the Artwork granted by 17 U.S.C. Section 106 A, the “Visual Arts Rights Act of 1990.” If there is a conflict or inconsistency between any provision contained in this LOU and any provision of domestic or international law, including without limitation the European Union law, I understand and agree that the provisions of this LOU shall control and shall constitute my waiver of any rights in the Artwork set out in or otherwise granted by laws of other jurisdictions addressing my rights in the Artwork. I also understand and agree that said integration and use of the Artwork may subject it to future removal or other modification.
3. I understand and agree that even though I will retain the copyright and other intellectual property rights relating to the Artwork, I am granting the Town, unlimited, perpetual, and irrevocable right to use or reproduce the Artwork in any non- commercial manner or media whatsoever, including without limitation to prepare derivative works based upon the Artwork, and to distribute copies of the Artwork. Further, I agree that the Town has no duty or obligation to install, display, preserve, replace, repair or restore the Artwork whether or not the Artwork is damaged or destroyed by any event or occurrence. I agree that the Town in its sole discretion may remove, replace, destroy or dispose of the Artwork at any time and without notice to me.
4. The Town is subject to the "Public Records Law" embodied in Chapter 119 of the Florida Statutes. I understand and acknowledge that the Artwork will become a public record and that the Town may be required to produce a copy of the Artwork without my consent if the Town receives a public records request relating to the Artwork.
5. I acknowledge that the Town of Davie requested that the design of the Artwork be unique to the Town and although this is a non-exclusive license, I agree not to grant reproduction rights to Broward, Miami-Dade or Palm Beach County or any other municipality in Broward, Miami-Dade or Palm Beach County to reproduce the same design.
6. I agree to communicate and cooperate with the Town’s Designated Representative, Jeff Pohlman, Parks, Recreation and Cultural Arts Director, who the Town has designated to serve as its representative for the Project and who can be reached via phone at (954) 797-1163 or email at jpohlman@davie-fl.gov.
7. I agree to complete the approved artwork within six (6) months of the notice to proceed from the Town of Davie. I understand and agree the Town has the right to reject the Artwork and be released from any obligation to compensate me as provided in the following paragraph.
8. I agree to accept five thousand dollars ($5,000) total for the project from the Town of Davie for provision of the Artwork upon satisfactory completion of my two (2) approved horseshoe bike racks. However, I understand and agree that the Artwork shall not be deemed complete, and the aforesaid compensation shall not be due and payable until after the Artwork is submitted and accepted by the Town. The compensation will include all insurance, taxes, fees, permits, delivery and installation.
9. I hereby agree to release, indemnify, and hold harmless the Town, its elected officials, officers, agents, and employees, from any and all liability, including, but not limited to, claims which arise from any misrepresentation or omission herein, negligence, copyright or statutory violations, or for any loss or damage that otherwise arises from my participation in the Project.
10. I understand and agree that the parties’ agreement set forth in this LOU, and any claim or dispute relating to or arising out of my participation in the Project shall be governed by and construed in accordance with the laws of the State of Florida and I hereby submit to the exclusive jurisdiction of the United States District Court for the Southern District of Florida and the state courts of the Seventeenth Judicial Circuit in and for Broward County, Florida I hereby waive the right to a trial by jury with respect to any action or claim arising out of any dispute in connection with the Project or this LOU.
11. Once executed, this LOU shall become effective upon the Town’s approval and adoption of the Program and shall continue for the duration of the Program unless terminated earlier by the Town. Notwithstanding, I understand that the Town may unilaterally terminate this LOU at any time without cause, for any reason or no reason and without notice to me.
The statements made herein, are accurate and true and are made in good faith. As an applicant for the Town of Davie for the Project, I have read and understand the terms and conditions set forth in the Open Call to Artists and in this LOU, and I agree to abide by them. I am authorized to make these representations and agreements and I have the authority to sign this document.
