|
EXHIBIT 3
<br />Page 3 of 8
<br />3. General Terms and Conditions.
<br />a. Insurance. The County is self-insured; however, prior to undertaking
<br />performance of work under this Agreement, County shall require its contractor(s) to obtain and
<br />maintain Commercial General Liability Insurance, which shall include, but not be limited to
<br />protection against claims arising from bodily and personal injury, including death resulting
<br />therefrom and damage to property, resulting from any act or occurrence arising out of County’s
<br />operations in the performance of this Agreement, including, without limitation, acts involving
<br />vehicles. The amounts of insurance shall be not less than the following single limit coverage
<br />applying to bodily and personal injury, including death resulting therefrom, and property
<br />damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such
<br />insurance shall be endorsed to (a) name the City, its officers, employees, agents, volunteers and
<br />representatives as additional insured(s); (b) be primary with respect to insurance or self-
<br />insurance programs maintained by the City; and (c) contain standard separation of insureds
<br />provisions.
<br />i. The following requirements apply to the insurance to be provided by County’s
<br />contractors pursuant to this section:
<br />•County contractors shall maintain all insurance required above in full force
<br />and effect for the entire period covered by their activities conducted pursuant
<br />to this Agreement.
<br />•Certificates of insurance shall be furnished to the City prior to any County
<br />contractors’ performance and shall be approved in form by the City Attorney.
<br />•Certificates and policies shall state that the policies shall not be canceled or
<br />reduced in coverage or changed in any other material aspect without thirty
<br />(30) days prior written notice to the City.
<br />ii. If County’s contractors fail or refuses to produce or maintain the insurance
<br />required by this section or fails or refuses to furnish City with required proof that
<br />insurance has been procured and is in force and paid for, City shall have the right,
<br />at its election, to terminate this Agreement, if the County fails to cure within thirty
<br />(30) days of written notice received by County from City.
<br />b. County shall not permit any mechanics, materialman’s or other liens of any kind
<br />or nature (“Liens”) to be filed or enforced against the License Areas in connection with this
<br />Agreement. County shall indemnify, defend and hold harmless City, its officers, employees and
<br />agents, free from all liability for any and all liens, claims and demands, together with costs of
<br />defense and reasonable attorneys’ fees, arising from any Liens. City reserves the right, at its sole
<br />cost and expense, at any time and from time to time, to post and maintain on the License Areas
<br />or any portion thereof, notices of non-responsibility or any other notice as may be desirable to
<br />protect City against liability. In addition to, and not as a limitation of City’s other rights and
<br />remedies under this Agreement, should County fail, within ten (10) days of written request from
<br />City, either to discharge any Lien or to bond for any Lien, or to defend, indemnify, and hold
<br />harmless City from and against any loss, damage, injury, liability or claim arising out of a Lien,
<br />then City, at its option, may elect to pay such Lien, or settle or discharge such Lien and any
<br />action or judgement related thereto and all costs, expenses and attorneys’ fees incurred in doing
<br />so shall be paid to City, as applicable, by County upon written demand.
|