2024-RFP-0394_Insurance_Requirements.doc

ATTACHMENT D

COUNTY OF SACRAMENTO

INSURANCE REQUIREMENTS

Without limiting MANAGER's indemnification, MANAGER shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the MANAGER, its agents, representatives or employees. COUNTY shall retain the right at any time to review the coverage, form, and amount of the insurance required hereby. If in the opinion of the COUNTY Risk Manager, insurance provisions in these requirements do not provide adequate protection for COUNTY and for members of the public, COUNTY may require MANAGER to obtain insurance sufficient in coverage, form and amount to provide adequate protection. COUNTY's requirements shall be reasonable but shall be imposed to assure protection from and against the kind and extent of risks that exist at the time a change in insurance is required.

Verification of Coverage MANAGER shall furnish the COUNTY with certificates evidencing coverage required below. Copies of required endorsements must be attached to certificates. The COUNTY Risk Manager may approve self-insurance programs in lieu of required policies of insurance if, in the opinion of the Risk Manager, the interests of the COUNTY and the general public are adequately protected. All certificates, evidences of self-insurance, and additional insured endorsements are to be received and approved by the COUNTY before performance commences. The COUNTY reserves the right to require that MANAGER provide complete, certified copies of any policy of insurance including endorsements offered in compliance with these specifications.

Minimum Scope of Insurance

Coverage shall be at least as broad as:

1.

GENERAL LIABILITY: Insurance Services Office’s Commercial General Liability occurrence coverage form CG 0001. Including, but not limited to Premises/Operations, Products/Completed Operations, Contractual, and Personal & Advertising Injury, without additional exclusions or limitations, unless approved by the COUNTY Risk Manager. MANAGER’s Commercial General Liability policy shall also be endorsed to include Liquor Liability.

2.

AUTOMOBILE LIABILITY: Insurance Services Office’s Commercial Automobile Liability coverage form CA 0001.

a.

Commercial Automobile Liability: auto coverage symbol “1” (any auto) for corporate/business owned vehicles. If there are no owned or leased vehicles, symbols 8 and 9 for non-owned and hired autos shall apply.

b.

Personal Lines automobile insurance shall apply if vehicles are individually owned.

3.

WORKERS’ COMPENSATION: Statutory requirements of the State of California and Employer's Liability Insurance.

4.

UMBRELLA or Excess Liability policies are acceptable where the need for higher liability limits is noted in the Minimum Limits of Insurance and shall provide liability coverage that at least follow form over the underlying insurance requirements where necessary for Commercial General Liability, Commercial Automobile Liability, Employers’ Liability, and any other liability coverage (other than Professional Liability) designated under the Minimum Scope of Insurance.

5.

CRIME INSURANCE.

Minimum Limits of Insurance MANAGER shall maintain limits no less than:

1.

General Liability shall be on an Occurrence basis (as opposed to Claims Made basis). Minimum limits and structure shall be:

General Aggregate:

$2,000,000

Products Comp/Op Aggregate:

$2,000,000

Personal & Adv. Injury:

$1,000,000

Each Occurrence:

$1,000,000

Fire Damage:

$ 100,000 Liquor Liability (Each Occurrence) $1,000,000

2. Automobile Liability:

a. Commercial Automobile Liability for Corporate/business owned vehicles including non-owned and hired, $1,000,000 Combined Single Limit.

b. Personal Lines Automobile Liability for Individually owned vehicles, $100,000 per person, $250,000 each accident, $50,000 property damage.

3.

Workers' Compensation: Statutory.

4.

Employer's Liability: $1,000,000 per accident for bodily injury or disease.

5.

Crime Coverage, Employee Dishonesty 1A Blanket Coverage, $10,000 per occurrence or claim.

Deductibles and Self-Insured Retention

Any deductibles or self-insured retention that apply to any insurance required by this Agreement must be declared and approved by the COUNTY.

Other Insurance Provisions The insurance policies required in this Agreement are to contain, or be endorsed to contain, as applicable, the following provisions:

All Policies:

1. ACCEPTABILITY OF INSURERS:

Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A- VII. The COUNTY Risk Manager may waive or alter this requirement, or accept self-insurance in lieu of any required policy of insurance if, in the opinion of the Risk Manager, the interests of the COUNTY and the general public are adequately protected.

2. MAINTENANCE OF INSURANCE COVERAGE:

The MANAGER shall maintain all insurance coverage in place at all times and provide the COUNTY with evidence of each policy's renewal within ten after its anniversary date. MANAGER is required by this Agreement to immediately notify COUNTY if MANAGER receives a communication from its insurance carrier or agent that any required insurance is to be canceled, non-renewed, reduced in scope or limits or otherwise materially changed. MANAGER shall provide evidence that such cancelled or non-renewed or otherwise materially changed insurance has been replaced or its cancellation notice withdrawn without any interruption in coverage, scope or limits. Failure to maintain required insurance in force shall be considered a material breach of the Agreement.

Commercial General Liability and/or Commercial Automobile Liability:

1. ADDITIONAL INSURED STATUS: The COUNTY, its governing Board, officers, directors, officials, employees, and authorized volunteers and agents are to be endorsed as additional insureds as respects: liability arising out of activities performed by or on behalf of the MANAGER; products and completed operations of the MANAGER; premises owned, occupied or used by the MANAGER; or automobiles owned, leased, hired or borrowed by the MANAGER. The coverage shall contain no endorsed limitations on the scope of protection afforded to The COUNTY, its governing Board, officers, directors, officials, employees, and authorized volunteers and agents.

2. CIVIL CODE PROVISION: Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.

3. PRIMARY INSURANCE: For any claims related to this agreement, the MANAGER's insurance coverage shall be endorsed to be primary insurance as respects the COUNTY, its governing Board, officers, directors, officials, employees, and authorized volunteers and agents. . Any insurance or self-insurance maintained by the COUNTY, its governing Board, officers, directors, officials, employees, and authorized volunteers and agents shall be excess of the MANAGER's insurance and shall not contribute with it.

4. SEVERABILITY OF INTEREST: The MANAGER's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

5. SUBCONTRACTORs: MANAGER shall be responsible for the acts and omissions of all its subcontractors and shall require all its subcontractors to maintain adequate insurance.

Workers’ Compensation:

WORKERS’ COMPENSATION WAIVER OF SUBROGATION: The workers' compensation policy required hereunder shall be endorsed to state that the workers' compensation carrier waives its right of subrogation against the COUNTY, its governing Board, officers, directors, officials, employees, and authorized volunteers and agents, which might arise by reason of payment under such policy in connection with performance under this Agreement by the MANAGER.

Property:

MANAGER agrees that it shall, during the full term of this lease and at its own expense, keep its contents, non-structural improvements and personal property, including, where required by contract, property of others in MANAGER’s care, custody and control, located on the leased premises fully insured against loss or damage by fire or other casualty, commonly covered by standard fire and all risk coverage insurance including flood coverage. Valuation shall be on a replacement cost basis. MANAGER does hereby release and waive on behalf of itself and its insurer by subrogation or otherwise, all claims against COUNTY on account of any fire or other casualty whether or not such fire or other casualty shall have resulted in whole or in part from the negligence of COUNTY

Notification of Claim If any claim for damages is filed with MANAGER or if any lawsuit is instituted against MANAGER, that arise out of or are in any way connected with MANAGER’s performance under this Agreement and that in any way, directly or indirectly, contingently or otherwise, affect or might reasonably affect COUNTY, MANAGER shall give prompt and timely notice thereof to COUNTY. Notice shall be deemed prompt and timely if given within thirty (30) days following the date of receipt of a claim or ten (10) days following the date of service of process of a lawsuit.

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