4-4. Exhibit A - Insurance Requirements.pdf

Risk Management

1325 Pearl Street• Boulder, Colorado 80302 • 303.441.3801

Mailing Address: P.O. Box 471 • Boulder, Colorado 80306 • www.bouldercounty.gov •

Entry: 2920

EXHIBIT A Insurance Requirements

Contract Name: HER Solicitation Oracle Number (Amendments):

Contractor shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, insurance as specified in this Exhibit A at all times during the term of this contract unless a longer term is specified. A subcontractor for purposes of this Exhibit A is defined as any person or legal entity, other than the Contractor or its employees, that provides any service to assist in completing the Work.

All insurance policies required by this Contract shall be by insurance companies satisfactory to the County. Contractor is responsible for ensuring any subcontractor that provides any service to complete the Work also obtains the insurance required in paragraph 8 of this Exhibit A.

1. Proof of Insurance (Certificate of Insurance): Contractor must provide a current and valid

Certificate of Insurance to the County for each type of insurance listed in paragraph 8, below. Contractor must provide an updated Certificate of Insurance on an annual basis, at or near the time of policy renewal. Contractor shall send Certificates of Insurance directly to the County Contact Name and Email listed under “County Information” in the Contract Summary.

2. Boulder County as Additional Insured: Boulder County shall be named as an additional insured for the following coverages when listed in paragraph 8 below: General Liability, Umbrella/Excess Liability, and Pollution Liability, as designated in this Contract. Boulder

County as an additional insured shall be endorsed to the policy in the form of a named additional insured endorsement or blanket additional insured endorsement.

THE ADDITIONAL INSURED WORDING SHOULD BE AS FOLLOWS: County of

Boulder, State of Colorado, a body corporate and politic, is named as Additional Insured.

3. Notice of Cancellation: Each insurance policy required by this Contract shall provide the required coverage and shall not be suspended, voided or canceled except after thirty (30) days’ prior written notice has been given to the County except when cancellation is for non-payment of premium, then ten (10) days’ prior notice may be given. If any insurance company refuses to provide the required notice, Contractor or its insurance broker shall notify the County any cancellation, suspension, or nonrenewal of any insurance policy within seven (7) days of receipt of insurers’ notification to that effect.

4. Insurance Obligations of County: County is not required to maintain or procure any insurance coverage beyond the coverage maintained by the County in its standard course of business. Any insurance obligations placed on the County by Contractor in any of the

Contract Documents shall be null and void.

5. Deductible: Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of Contractor.

6. Primacy of Coverage: Coverage required of Contractor and each Subcontractor, if any, shall be primary and noncontributory over any insurance or self-insurance program carried by the County.

7. Subrogation Waiver: All insurance policies secured or maintained by Contractor or

Subcontractors in relation to this Contract shall include clauses stating that each carrier shall waive all rights of recovery under subrogation or otherwise against the Board of

County Commissioners, the Elected Offices of the County, the County itself, and all

County officers, agents, employees, and volunteers.

8. Requirements: Contractor is required to comply with any insurance obligations set forth by any other government, agency, or other entity providing funding, permitting, licensing, access, or any other condition necessary for Contractor’s Work under this Contract. In addition, for the entire duration of this Contract including any extended or renewed terms, Contractor and all subcontractors must procure and maintain at its own expense, and without cost to the County, the following kinds and minimum amounts of insurance:

Commercial General Liability

This coverage should be provided on an Occurrence Form, ISO CG001 or equivalent, with Minimum limits of $1,000,000 Each Occurrence, $2,000,000 General Aggregate and $2,000,000 Products Completed Operations Aggregate.

Workers' Compensation and Employer's Liability

Workers’ Compensation must be maintained with the statutory limits. Employer's Liability is required for minimum limits of $100,000 Each Accident/$500,000 Disease-Policy Limit/$100,000 Disease-Each Employee.

Professional Liability (Errors and Omissions)

Professional liability coverage with minimum limits of $1,000,000 Per Loss and $1,000,000 Aggregate. Professional Liability provisions indemnifying for loss and expense resulting from errors, omission, mistakes or malpractice is acceptable and may be written on a claims-made basis. The contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed.

Third Party Commercial Crime Insurance / Third Party Fidelity Bond

The Crime limit shall be $1,000,000 Per Loss and include an endorsement for “Employee Theft of Client Property”. In order to provide coverage to County during the course of this contract, Commercial Crime policies must be endorsed to cover Third Party Fidelity. Third party fidelity covers the vendor’s employees when engaged in work for a client. In addition, the County will be listed as loss payee on the commercial crime coverage. This third-party coverage can also be provided by obtaining a third-party fidelity bond.

Privacy / Cyber Liability Insurance

As a provider of a service which may require the knowledge and retention of personal identifiable information including but not limited to, names, dates of birth, social security numbers, usernames, and passwords, and/or HIPAA sensitive personal information of clients served, the following minimum insurance limits are required:

Contractors with 10 or fewer County clients: $50,000 Contractors with 11 – 15 County clients: $500,000 Contractors with 16 or more County clients: $1,000,000