§ 118-85. Indemnity and insurance.

(a)

Policy form.

(1)

All policies required by the franchise agreement or this article, with the exception of professional liability and workers' compensation, or unless specific approval is given by the Risk Management Division, are to be written on an occurrence basis, [and] shall name the County of Sarasota, its Commissioners, officers, agents, employees and volunteers as additional insureds as their interest may appear under the franchise agreement. Insurer(s), with the exception of professional liability and workers' compensation, shall agree to waive all rights of subrogation against the County of Sarasota, its Commissioners, officers, agents, employees or volunteers.

(2)

Insurance requirements itemized in the franchise agreement or this article, and required of the franchisee, shall be provided on behalf of all subcontractors to cover their operations performed under the franchise agreement. Franchisee shall be held responsible for any modifications, deviations, or omissions in these insurance requirements as they apply to subcontractors.

(3)

Each insurance policy required by the franchise agreement or this article shall:

a.

Apply separately to each insured against whom claim is made and suit is brought, except with respect to limits of the insurer's liability.

b.

Be endorsed to state that coverage shall not be suspended, voided or canceled by either party except after 30 calendar days' prior written notice by certified mail, return receipt requested, has been given to Sarasota County's Risk Management Division.

(4)

The County of Sarasota shall retain the right to review, at any time, coverage, form, and amount of insurance.

(5)

The procuring of required policies of insurance shall not be construed to limit franchisee's liability nor to fulfill the indemnification provisions and requirements of the franchise agreement or this article.

(6)

Franchisee shall be solely responsible for payment of all premiums for insurance contributing to the satisfaction of the franchise agreement or this article and shall be solely responsible for the payment of any deductible and/or retention to which such policies are subject, whether or not Sarasota County is an insured under the policy.

(7)

Claims made policies will be accepted for professional and hazardous materials and such other risks as are authorized by the Risk Management Division of Sarasota County. All claims made policies contributing to the satisfaction of the insurance requirements of the franchise agreement or this article shall have an extended reporting period option or automatic coverage of not less than two years. If provided as an option, franchisee agrees to purchase the extended reporting period on cancellation or termination unless a new policy is effected with a retroactive date, including at least the last policy year.

(8)

Certificates of insurance evidencing claims made or occurrence form coverage and conditions to the franchise agreement, as well as the County's contract number and description of work, are to be furnished to the County's Risk Management Division (1660 Ringling Boulevard, third floor, Sarasota, FL 34236) within 30 days of execution of the franchise agreement and a minimum of 30 calendar days prior to expiration of the insurance contract when applicable. All insurance certificates shall be received by the County's Risk Management Division before franchisee will be allowed to commence or continue work.

(9)

Notices of accidents (occurrences) and Notices of claims associated with work being performed under the franchise agreement shall be provided to franchisee's insurance company and the Sarasota County Risk Management Division as soon as practicable after notice to the insured.

(Ord. No. 2006-026, § 19, 4-12-2006)