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Agenda 06-03-2025; 8-p - Approval of Sportsplex Management Services Agreement
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Agenda 06-03-2025; 8-p - Approval of Sportsplex Management Services Agreement
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5/29/2025 1:42:46 PM
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BOCC
Date
6/3/2025
Meeting Type
Business
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Agenda
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8-p
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19 <br /> to no less than a limit of Five Million Dollars ($5,000,000). Manager shall be the named <br /> insured under all such policies. The Owner shall be an additional insured under the <br /> foregoing insurance policies, as its interests may appear, and said policies shall contain a <br /> provision for Manager indemnifying. The policy limits shown above are minimums. If <br /> Manager maintains broader coverage or higher limits than the minimums shown herein, <br /> the Owner shall be entitled to the broader coverage and higher limits maintained by <br /> Manager. Any available insurance proceeds in excess of the specified minimum limits of <br /> insurance and coverage shall be available to the Owner. Certificates of insurance naming <br /> Owner and evidencing all the policies required of Manager hereunder along with copies of <br /> the paid receipts therefor shall be delivered to the Owner prior to the commencement of <br /> this Agreement and then at least annually, and at such other times as Owner may request. <br /> Notwithstanding the provisions of this Article 11, the parties hereto acknowledge that the <br /> policies herein may contain exclusions from coverage which are reasonable and <br /> customary for policies of such type. Each such Manager's policy or certificate shall contain <br /> a valid provision or endorsement stating, "This policy will not be canceled or materially <br /> changed or altered without first giving thirty (30) days' written notice thereof to <br /> Orange County, North Carolina, Attention: Orange County Risk Manager, P.O. Box <br /> 8181, Hillsborough, NC 27278, sent by certified mail, return receipt requested." <br /> Manager Shall verify its liability coverage includes coverage for injuries related to athletic <br /> programs and provide Owner with copies of all liability wavers. <br /> 11.2 Endorsement. The additionally insured endorsement shall further provide the <br /> Owner, its officers, officials, employees, and agents are to be covered as additional <br /> insureds on the commercial general liability policy with respect to liability arising out of <br /> work or operations performed by or on behalf of Manager including materials, parts, or <br /> equipment furnished in connection with such work or operations. General liability coverage <br /> can be provided in the form of an endorsement to Manager's insurance (at least as broad <br /> as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, <br /> CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). With respect <br /> to policies procured by it, Manager shall deliver to the Owner satisfactory evidence of such <br /> renewal of such policies prior to a policy's expiration date except for any policy expiring on <br /> the termination or expiration date of this Agreement or thereafter. Except as provided in <br /> Sections 11.5 and 11.6, all insurance procured by Manager in accordance with the <br /> requirements of this Agreement shall be primary over any insurance carried by the Owner <br /> and shall not require contribution by the Owner. <br /> 11.3 Worker's Compensation Insurance. Unless explicitly exempted under law, <br /> Manager shall, at all times, maintain worker's compensation insurance (including <br /> occupational disease hazards) with an authorized insurance company, through the North <br /> Carolina State Compensation Insurance Fund, or through an authorized self-insurance <br /> plan approved by the State of North Carolina, in all cases insuring its employees at the <br /> Facility in amounts equal to or greater than required under law. <br /> 11.4 Fidelity Insurance and Bonds. Manager shall maintain during the term of <br /> this Agreement Fidelity Insurance or Fidelity Bonds covering all of Manager's personnel <br /> employed at the Facility in the amount of Five Hundred Thousand Dollars ($500,000.00) <br />
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