|
negotiation and preparation hereof. Accordingly, this Agreement shall not be more strictly construed
<br />against any one of the parties hereto.
<br />9. Insurance and Indemnification:
<br />The DEVELOPER shall ensure that, at least ten (10) days prior to the commencement of any work by
<br />Developer, the selected contractor and any subcontractor provides to the COUNTY a certificate of
<br />commercial general liability insurance with a reputable insurance company subject to approval by the
<br />COUNTY's risk manager in an amount not less than $3,000,000 combined single limit for bodily injury
<br />and property damage in accordance with the COUNTY'S Administrative Policy Manual. The
<br />DEVELOPER shall ensure that, at least ten (10) days prior to the commencement of any work the
<br />selected contractor and any subcontractor provides to the COUNTY a certificate of business auto
<br />liability insurance with a reputable insurance company subject to the reasonable approval by the
<br />COUNTY'S risk manager in an amount not less than $1,000,000 per occurrence combined single limit
<br />for bodily injury and property damage in accordance with the COUNTY'S Administrative Policy
<br />Manual. The commercial general liability and auto liability insurance policies shall name Indian River
<br />County, a political subdivision of the State of Florida, as an additional insured. In addition, the
<br />DEVELOPER shall ensure that, at least ten (10) days prior to the commencement of any work the
<br />selected contractor and any subcontractor provides to the COUNTY a certificate of statutory workers'
<br />compensation insurance and employers' liability with a limit of $100,000 for each accident, $500,000
<br />disease (policy limit) and $100,000 disease (each employee) in accordance with the COUNTY'S
<br />Administrative Policy Manual. The DEVELOPER shall provide to the COUNTY at least thirty (30) days'
<br />written notice by registered mail, return receipt requested, addressed to the COUNTY'S risk manager,
<br />prior to cancellation or modification of any required insurance.
<br />The DEVELOPER hereby releases and holds harmless the COUNTY, and the COUNTY'S officers,
<br />employees and agents, from and against any and all claims for damages, costs, third party claims,
<br />judgments, and expense to persons or property that may arise out of, or be occasioned by, any work
<br />performed by DEVELOPER pursuant to this agreement, or from any negligent act or omission of any
<br />representative, agent, client, and/or employee of DEVELOPER, and DEVELOPER shall indemnify the
<br />COUNTY against any such claims and any judgments that may be entered in connection therewith,
<br />including reasonable attorney fees. DEVELOPER shall indemnify the COUNTY against any claim for
<br />damage that any utility, whether publicly or privately owned, may sustain or receive in connection
<br />with any work performed by DEVELOPER pursuant to this agreement. It is the intention of this
<br />indemnification agreement on the part of DEVELOPER, and a condition of this agreement, that it shall
<br />be full and total indemnity against any kind or character of claim whatsoever that may be asserted
<br />against the COUNTY and arising from or related to any work performed by DEVELOPER pursuant to
<br />this agreement. DEVELOPER hereby agrees to defend any and all suits, claims, and causes of action
<br />brought against the COUNTY arising out of or in connection with any work performed by the
<br />DEVELOPER, and DEVELOPER agrees to pay any judgment orjudgments, including attorney fees, that
<br />may be rendered against the COUNTY or against the COUNTY'S officers, employees or agents in
<br />connection therewith.
<br />10. Multiple Counterparts:
<br />This Agreement may be executed in a number of identical counterparts which, taken together, shall
<br />constitute collectively one (1) Agreement; but in making proof of this Agreement, it shall not be
<br />necessary to produce or account for more than one such counterpart executed by the party to be
<br />charged.
<br />-Page 4 -
<br />F \UTILITIES\W UTILITY - AGENDA TEMPLATE & GUIDELINES\2U23 AGENDA ITEMS\032823\GRIFFON DEVELOPERS AGREEMENT214909 DEV AGREEMENT GRIFFON REV 022221 DOCX
<br />
|