15-Insurance Requirements - Risk Type 3 - Consultants.pdf

The Consultant shall provide at its own cost and expense during the life of the contract, the following insurance coverages to the Town of Palm Beach thirty (30) business days prior to the commencement of any work. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The insurance shall be evidenced by cer�ficates and/or policies to include premiums as determined by the Town of Palm Beach. It shall be an affirma�ve obliga�on upon the Service Provider to advise Ebix, the Town’s insurance cer�ficate management service provider, at townofpalmbeach@ebix.com; P.O. Box 100085-HM, Duluth, GA 30096 within 24 hours or the next business day of cancella�on, non-renewal or modifica�on of any s�pulated insurance and failure to do so shall be construed to be a breach of agreement/contract. The Town of Palm Beach reserves the right to require addi�onal insurance coverages and limits based upon the par�cular service or change order requested by the consultant.

If the consultant maintains higher limits than the minimums shown below, the Town requires and shall be en�tled to coverage for the higher limits maintained by the contractor.

The requirements contained herein, as well as Town’s review or acceptance of insurance maintained by consultant are not intended to and shall not in any manner limit or qualify the liabili�es and obliga�ons assumed by Consultant under the contract.

Professional Liability, or equivalent Errors & Omissions Liability with limits of liability not less than $1,000,000 Per Occurrence.

For policies writen on a Claims-made basis, service provider shall maintain a retroac�ve date prior to or equal to the effec�ve date of this contract. In the event the policy is canceled, non-renewed, switched to an occurrence form or there is a change in retroac�ve date, or any other event triggering the right to purchase a Supplemental Extended Repor�ng Period (SERP) during the life of this contract, the service provider shall agree to purchase a SERP with a minimum repor�ng period of not less than three (3) years. Coverage is to apply on a primary basis.

Comprehensive General Liability Insurance coverage with limits of liability not less than $1,000,000 Each Occurrence. The Cer�ficate of Insurance shall indicate an Occurrence Basis. The Town of Palm Beach shall be endorsed as an addi�onal insured under the General Liability coverage. The Service Provider’s General Liability coverage shall be primary and non-contributory. For policies writen on a Claims-made basis, service provider shall maintain a retroac�ve date prior to or equal to the effec�ve date of this contract. In the event the policy is canceled, non-renewed, switched to an occurrence form or there is a change in retroac�ve date, or any other event triggering the right to purchase a Supplemental Extended Repor�ng Period (SERP) during the life of this contract, the service provider shall agree to purchase a SERP with a minimum repor�ng period of not less than three (3) years.

Coverage is to apply on a primary basis.

Business Auto Liability coverage for any auto (all owned, hired, and non-owned autos) with limits not less than $1,000,000 each occurrence combined single limit each accident. In the event service provider does not own any autos, the Town will accept proof of Hired and Non-Owned Auto Liability. For personally owned vehicles, the Town requires limits not less than $300,000 each occurrence combined single limit.

Workers' Compensa�on coverage with statutory limits pursuant to Florida State Statute 440 or an exemp�on leter from the State. Should the scope of work performed by consultant qualify its mailto:townofpalmbeach@ebix.com employees for benefits under federal workers’ compensa�on statute (example, U.S. Longshore & Harbor Workers Act or Merchant Marine act), proof of appropriate federal act coverage must be provided. A waiver of subroga�on must be provided.

Employers Liability coverage with limits not less than $100,000 for each accident, $100,000 disease (each employee) and $500,000 disease (policy limit).

In the event that claims in excess of the insured amounts provided herein are filed by reason of any opera�ons under the contract, the amount excess of such claims or any por�on thereof may be withheld from any payment due or to become due the Service Provider un�l such �me the Service Provider shall furnish such addi�onal security covering such claims as may be determined by the Town of Palm Beach.

Cyber Liability is required for all service providers processing or storing sensi�ve or confiden�al data such as, but not limited to, credit card, health care, employee records, banking, etc. The Cyber Liability policy shall have a limit of liability not less than $1,000,000 per occurrence including coverage for cloud compu�ng and mobile devices, protec�on of private or confiden�al informa�on, network security and privacy, liability for system atacks, digital asset loss, denial or loss of service, unauthorized access and use; introduc�on, implanta�on or spread of malicious so�ware code; and Privacy & Security Liability Security Breach Response/Expense coverage.

For policies writen on a claims made basis, service providers shall maintain a retroac�ve date prior to or equal to the effec�ve date of this contract. In the event the policy is canceled, non-renewed, switched to an occurrence form or there is a change in retroac�ve date, service provider must purchase an extended repor�ng period rider during the life of this contract of not less than 3 years. Coverage is to apply on a primary basis.

Umbrella or Excess Liability is required up to the minimum limit of liability if the limits of liability shown on the Cer�ficate of Insurance under General Liability do not meet the minimum limit of liability as required.

All required insurance policies shall provide a waiver of subroga�on and rights of recovery against the Town of Palm Beach, including its agents, officers, past and present employees, elected officials and representa�ves, the insurance policy in effect shall protect both par�es and be primary and non-contributory for any and all losses covered by the above described insurance. Insurers have no recourse against the Town of Palm Beach for payment or assessments in any form on any insurance policy.

Town, by and through its Risk Management Office, in coopera�on with the contrac�ng/hiring department, reserves the right to review, modify, reject or accept any required policies of insurance, including limits, coverages, or endorsements, herein from �me to �me throughout the life of this Contract. Town reserves the right, but not the obliga�on, to review and reject any insurer providing coverage because of its poor financial condi�on or failure to operate legally.

To the fullest extent allowed by law the consultant shall protect, defend, reimburse, indemnify and hold harmless the Town of Palm Beach, and the Town’s officers, agents, employees free and harmless from and against any and all claims, losses, penal�es, damages, setlements, costs, charges, atorneys or other professional fees, or other expenses or liabili�es of every kind and character arising out of or rela�ng to any and all claims, liens, demands, obliga�ons, ac�ons, proceedings, cause or causes of ac�on of very kind and character in connec�on with, or arising directly or indirectly out of or related to this Contract and the Work performed hereunder. Without limi�ng the generality of the foregoing, Consultant’s Indemnity shall include all claims, damages, losses, or expense arising out of or related to personal injury, death, damages to property, defects in materials or workmanship, actual or alleged infringement of any patent, trademark, copyright, proprietary informa�on, or applica�ons of any thereof, or of any other tangible or intangible personal or property right, or any actual or alleged viola�on of any applicable statute, ordinance, administra�ve order, rule or regula�on, or order of any court. Consultant agrees to inves�gate, respond, adjust and provide a defense for, all and any such claims, demands and ac�ons at Contractor’s sole expense and agrees to bear and remain liable for all such other costs and expenses rela�ng thereto, even if such claim is groundless, false or fraudulent. Notwithstanding the foregoing, Consultant’s Indemnity shall not extend to liability for damages to persons or property to the extent such damage was caused by any act, omission, or default of the Town, or by the Town’s officers, agents and employees.

Consultant acknowledges and agrees that Town would not enter into a contract without this indemnifica�on of Town by Consultant, and that Town’s entering into a contract shall cons�tute good and sufficient considera�on for this indemnifica�on. These provisions shall survive the expira�on or earlier termina�on of the contract. Nothing in this contract shall be construed to affect in any way the Town’s rights, privileges, and immuni�es as set forth in Florida Statute 768.28.