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.