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2022-157A
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2022-157A
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Last modified
11/7/2022 2:49:00 PM
Creation date
9/13/2022 10:59:18 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/16/2022
Control Number
2022-157A
Agenda Item Number
8. AT.
Entity Name
Concessionaire
Subject
Concession Services at County Recreation Facilities. RFP 2022059
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and all regulatory agencies where applicable. <br />10.2 Indemnification and Insurance. Concessionaire shall defend, indemnify and hold harmless the County and <br />its commissioners, officers, employees and agents, from any and all losses, damages, expenses (including <br />reasonable attorneys fees) and other liabilities of any type whatsoever, arising out of or relating to any negligence, <br />intentional tort, breach of contract, or breach of applicable law by the Concessionaire, or its employees, agents, <br />subcontractors, or other persons or entities performing work under this Agreement. <br />The Concessionaire agrees to provide and maintain at all times during the Term , and if applicable, the <br />Renewal Term of this Agreement, without cost or expense to the County, policies of insurance generally known as <br />comprehensive general liability policies insuring the Concessionaire against any and all claims, demands, or clauses <br />of action whatsoever for the injuries received and damage to property incurred in connection with the use, <br />occupation and management or control of the property and any improvements thereon by Concessionaire. Such <br />policies of insurance shall insure the Concessionaire in the amount not less than $1,000,000.00 to cover any and <br />all liability claims arising in connection with any particular accident or occurrence. Such liability policies shall <br />provide that the County is an additional insured. The County shall be notified in writing of any reduction, <br />cancellation or substantial change of policy or policies at least thirty (30) days prior to the effective date of such <br />action. <br />The Concessionaire shall provide the described insurance on policies and with insurers acceptable to the <br />County and licensed and authorized under the laws of the State of Florida. These insurance requirements shall not <br />relieve or limit the liability of the Concessionaire. The County does not in any way represent that these types or <br />amounts of insurance are sufficient or adequate to protect the Concessionaire's interest or liabilities, but are <br />merely minimums. <br />A certificate of insurance indicating that the Concessionaire has coverage in accordance with the <br />requirements of the Agreement shall be furnished by the Concessionaire to the Indian River County Parks and <br />Recreation, prior to commencement of operations in the Parks. <br />All personal property housed or placed at the Parks shall be at the risk of Concessionaire, and the County <br />shall have no liability for any damage or loss to any personal property located thereon for any cause whatsoever. <br />The Concessionaire agrees and understands that the County does not and shall not carry liability, fire, or theft <br />insurance on the operation of these facilities to cover the Concessionaire's interest therein. The Concessionaire <br />further agrees and understands that no storage will be made available for his/her use, unless a negotiated <br />monthly rent has been negotiated [if agreement is for Commissioner Fran B. Adams Park, NCAC or GAC]. <br />10.3. Covenants Against Assignment and Subletting. The Concessionaire shall not assign any portion of the <br />Agreement nor allow same to be assigned by operation of law without the express written approval of the County. <br />10.4 Independent Contractor. The Concessionaire shall perform the conditions of this Agreement as an <br />independent contractor and nothing herein shall be construed to be inconsistent with this relationship or status. <br />Nothing in the Agreement shall be in any way construed to constitute the Concessionaire or any of his agents or <br />employees as the agent, employee, or representative of the County. <br />10.5 Additional Locations. Upon written agreement by the parties, this Agreement may include additional <br />concession locations at various other county parks. The terms of this Agreement shall form the basis of any future <br />4 <br />
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