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Agenda - 10-01-2024; 6-c - New Piedmont Food Processing Center Management Agreement
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Agenda - 10-01-2024; 6-c - New Piedmont Food Processing Center Management Agreement
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9/26/2024 2:06:16 PM
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BOCC
Date
10/1/2024
Meeting Type
Business
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Agenda
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6-c
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17 <br /> (a) If any Agreements signed by PFPC prior to the Effective Date (the "Pre-existing <br /> Agreements") consist of agreements with independent contractors to provide services in <br /> respect of the Facility, PFPC shall use its best efforts to cause such contractors to name <br /> PFPC as an additional insured under any insurance maintained by such contractors <br /> pursuant to the terms of such Pre-existing Agreements and in such event to deliver to <br /> PFPC promptly after request therefor a certified copy of such policy and a certificate <br /> evidencing the existence thereof. In addition, if PFPC enters into any agreements during <br /> the Management Term and any Renewal Term with any independent contractors for the <br /> provision of services hereunder, PFPC shall have the right to require such contractors to <br /> name PFPC as an additional insured under any insurance required by PFPC thereunder <br /> and to deliver to PFPC prior to the performance of such services a certified copy of such <br /> policy, plus a certificate evidencing the existence thereof, which policy contains the same <br /> type of endorsements and provisions as provided in Sections 7.2(c) and 7.2(d). If PFPC <br /> does require such contractors to name PFPC as an additional insured under any <br /> insurance required by PFPC, it shall also require such contractors to name the County as <br /> an additional insured and such policies shall contain the same type of endorsements and <br /> provisions as provided in Sections 7.2(c) and 7.2(d). <br /> (b) PFPC shall, within ninety (90) days of the date of this Agreement and at least yearly <br /> thereafter, review the insurance carried by the County and PFPC covering the Facility or <br /> any of PFPC's or the County's operations at the Facility, or required of third parties using <br /> the Facility, with regard to PFPC's experiences at other similar facilities, and shall within <br /> fifteen (15) days of such review advise the County in writing of the results of its review <br /> and of any changes, additions or increases to the insurance requirements hereunder or <br /> applicable to third parties which are advisable under best facility management practices. <br /> (c) The parties hereto shall each immediately notify the other, along with any applicable <br /> insurance carrier(s), in writing of any occurrence or discovery which could result in an <br /> insurance claim hereunder. <br /> (d) PFPC shall require reasonable liability insurance from all third-party licensees, <br /> lessees, tenants, and users of the Facility and shall enforce the provisions contained in <br /> all third-party contracts entered into in connection with the Facility, including the insurance <br /> requirement contained in all County approved event license, concessionaire, <br /> subcontractor and other similar agreements. All such liability insurance shall name PFPC <br /> and Orange County as additional insureds. <br /> (e) Self-insured retentions (SIR) must be declared to and approved by the County. The <br /> County may require PFPC to purchase coverage with a lower retention or provide proof <br /> of ability to pay Losses and related investigations, claim administration, and defense <br /> expenses within the retention. The policy language shall provide, or be endorsed to <br /> provide, that the SIR shall be satisfied by PFPC, but may, at the County's sole discretion, <br /> be satisfied by the County. The commercial general liability and any policies, including <br /> excess liability policies, may not be subject to SIR that exceed $2,500 unless approved <br /> in writing by the County. Any and all deductibles and SIR shall be the sole responsibility <br /> of PFPC and shall not apply to the County except as stated in this subsection. Policies <br /> 13 <br />
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