4-Insurance Requirements Form.pdf

Department of Administrative Services

Risk Management Division

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STANDARD

INSURANCE REQUIREMENTS

All Milwaukee County Vendors must provide evidence of the following minimum insurance requirements. Vendors are responsible for ensuring that any agents, affiliates, subsidiary companies, third party suppliers, or subcontractors maintain appropriate insurance coverages for any services provided at the request of the Vendor on a Milwaukee

County contract. The listed minimum requirements do not limit the liability assumed elsewhere in an executed contract.

Modifications to the types of coverage, limits and/or other terms should not be made without the approval of the

County’s Risk Manager.

Coverage Requirements

The Vendor agrees to maintain policies of insurance and proof of financial responsibility to cover costs that may arise from claims for damages to property and/or claims arising or resulting from the Vendor’s activities, by whomever performed, in such coverage and amounts as required and approved by the County.

The Vendor shall, at its sole expense, acquire and maintain through the course of its contract with Milwaukee County the following insurance policies and limits. The Vendor may obtain the listed coverages through any combination of primary and excess or umbrella liability insurance. The Vendor must acquire its insurance from carriers with a current A.

M. Best rating of A X or better.

The Vendor shall provide acceptable proof of all listed coverage to the County prior to commencement of activities under any agreement. The Vendor shall provide a Certificate of Insurance to Milwaukee County Procurement and/or

Risk Management for each successive period of coverage for the duration of any agreement, unless otherwise specified by the County, in the minimum amounts provided in this document.

1. Commercial General Liability Insurance, including contractual coverage:

The Vendor shall maintain Commercial General Liability insurance with the following minimum limits for bodily injury and property damage combined:

Each Occurrence Limit $1,000,000

General Aggregate Limit $2,000,000

Products – Completed Operations Limit $2,000,000

Personal and Advertising Injury Limit $1,000,000

Milwaukee County shall be named as an Additional Insured on the General Liability policy as respects the services provided in this agreement.

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2. Automobile Liability Insurance:

If the performance of services under the Vendor’s contract requires the use of automobiles during the course of performance, the Vendor shall maintain comprehensive automobile insurance covering the ownership, operation, and maintenance of all owned, non-owned and hired motor vehicles. The use of personal automobiles to travel to and from the Vendor’s business location or from the home of a Vendor employee to the

County’s sites, or for personal travel such as travel for meal breaks, is considered outside the course of performance of services under any contract. The Vendor shall maintain limits of at least $1,000,000 per accident for bodily injury and property damage combined. The Vendor shall ensure that employees using rental vehicles acquire insurance coverage through the vehicle rental agency and shall provide proof of such insurance upon request. Milwaukee County shall be named as an Additional Insured on the Automobile Liability policy as respects the services provided in this agreement.

3. Workers’ Compensation Insurance:

The Vendor shall maintain Worker’s Compensation coverage that meets the minimum statutory requirements in the state where the work is performed, even if such coverages are elective in that state. For the state of

Wisconsin, this coverage must have limits of at least $100,000 per occurrence and $500,000 policy aggregate, or must follow the current required coverages under Wisconsin state statutes, whichever is greater. This insurance must include a waiver of subrogation in the favor of Milwaukee County that is stated on the Vendor’s submitted Certificate of Insurance.

4. Employer’s Liability Insurance:

The Vendor shall maintain Employer’s Liability coverage with limits of at least $100,000 per occurrence for bodily injury, $100,000 per employee for bodily injury by disease, and $500,000 policy aggregate. This insurance must include a waiver of subrogation in the favor of Milwaukee County that is stated on the Vendor’s submitted

Certificate of Insurance.

5. Professional Liability/Errors and Omissions:1

The Vendor shall a maintain Professional Liability insurance appropriate to cover all professional services identified in the Vendor’s Scope of Work and the executed contract. The Vendor’s Professional Liability coverage must have a minimum limit of $1,000,000 per occurrence.

5.1. Technology Errors & Omissions.

The Vendor shall provide additional information on its professional liability/technology errors & omissions coverage as respects:

5.1.1. Policy type (i.e. errors and omissions for consultants, architects, and/or engineers, technology errors & omissions, etc.);

5.1.2. Applicable retention levels;

1 Professional liability (a/k/a Errors & Omissions insurance) is required for Contractors providing professional services, including, but not limited to architects, engineers, financial services, accounting, audit, legal services, consulting, and medical professionals.

Commented [ML1]: If needed based on scope of services.

Commented [ML2R1]: NOTE: Professional Liability will be required for Architectural and Engineering design and supervision. If the principal consulting firm is not eligible for this coverage, the principal consulting firm shall disclose the subcontractor who will perform the Architectural and

Engineering design work and evidence the existence of professional liability coverages for such subcontractors as respects this section.

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5.1.3. Coverage form (i.e. claims made, occurrence; discover clause conditions); and

5.1.4. Effective retroactive and expiration dates

to Milwaukee County’s Risk Manager as may be requested to obtain approval of coverage as respects this section.

The Vendor shall ensure all coverage which applies to the services inherent in this agreement is extended for two (2) years after completion of all work contemplated on this project, if coverage is written on a claims-made basis.

6. Cyber Liability

The Vendor shall maintain Cyber Liability insurance appropriate to cover all activities as a debt collection agency and payment card processor. The limits of this insurance shall be at least per occurrence:

Media Liability $5,000,000

Security Liability $5,000,000

Privacy Liability $5,000,000

Regulatory Proceedings $5,000,000

Technology Errors and Omissions $5,000,000

6.1. Additional Provisions

The Contractor agrees to maintain and provide additional information on its cyber liability coverage as respects policy provisions; i.e., media, security, privacy, regulatory, etc.; applicable retention levels;

coverage form; i.e., claims made, occurrence; discover clause conditions, and effective retroactive and expiration dates, to Milwaukee County’s Risk Manager as may be requested to obtain approval of coverage as respects this section.

The Contractor shall ensure all coverage which applies to the services inherent in this agreement is extended for two (2) years after completion of all work contemplated on this project, if coverage is written on a claims-made basis.

At a minimum, cyber liability coverage will contain the following provisions at full policy limits:

6.1.1. Media Liability Coverage.

Liability coverage for defense costs and damages suffered by others for content-based injuries such as libel, slander, defamation, copyright infringement, trademark infringement, or invasion of privacy.

6.1.2. Security Liability Coverage.

Liability coverage for defense costs and damages suffered by others resulting from a failure of computer security, including liability caused by theft or disclosure of confidential information, unauthorized access, unauthorized use, denial of service attack or transmission of a computer virus.

Commented [ML3]: If needed, based on scope of services.

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6.1.3. Privacy Liability Coverage

Liability coverage for defense costs and damages suffered by others for any failure to protect personally identifiable or confidential third-party corporate information, whether or not due to a failure of network security.

6.1.4. Regulatory Proceedings

Liability coverage for defense costs for proceedings brought by a governmental agency in connection with a failure to protect private information and/or a failure of network security.

Coverage includes fines and penalties where insurable by law and compensatory damages.

6.1.5. Payment Card Industry Data Security Standards (PCI-DSS)

Coverage for a monetary assessment (including a contractual fine or penalty) from a Payment

Card Association (e.g., MasterCard, Visa, American Express) or bank processing payment card transactions (i.e., an “Acquiring Bank”) in connection with an Insured’s non-compliance with PCI Data Security Standards.

6.1.6. Breach Event Expenses

Reimbursement coverage for the insured’s costs to respond to a data privacy or security incident. Covered expenses include computer forensics expenses, legal expenses, costs for a public relations firm and related advertising to restore your reputation, consumer notification, call centers, and consumer credit monitoring services.

7. Additional Requirements:

7.1. The Vendor shall ensure, through appropriate contractual language, that its agents, affiliates, subsidiary companies, third party suppliers, or subcontractors maintain appropriate insurance coverage for any services provided at the request of the Vendor on any Milwaukee County contract. Unless agreed to in writing by the Milwaukee County Risk Manager, such coverage must meet all requirements of this provision.

7.2. The Vendor shall maintain any coverage provided on a claims-made and reported period for a minimum of twenty-four (24) months from the date of termination of the contract by either an extended reporting period (ERP) provision or by maintaining the coverage in force.

7.3. The Vendor shall ensure that its Commercial General Liability, Automobile Liability, and Employer’s

Liability policies name Milwaukee County including its directors, officers, employees, and agents as additional insureds by endorsement to the policies. The Vendor shall also ensure that each of these policies provide primary coverage with respect to all insureds and additional insureds.

Commented [ML4]: If needed based on the scope of services. High limit. Can be reduced to $1,000,000 per occurrence / $1,000,000 aggregate.

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7.4. The Vendor shall ensure that its Commercial General Liability, Automobile Liability, Workers’

Compensation, and Employer’s Liability policies grant a waiver of subrogation in Milwaukee County’s favor.

7.5. Except where prohibited by law, the Vendor shall provide insurance endorsement on each policy waiving the rights of recovery or subrogation against the County and its agents, servants, invitees, employees, co-lessees, co-venturers, affiliates, contractors, and subcontractors, and their insurers.

7.6. The Vendor shall provide certificates evidencing the coverages, limits and provisions specified above on or before the execution of the contract and upon the renewal of any of the policies. The Vendor shall require all insurers to provide the County with a thirty (30) day advanced written notice of any cancellation or nonrenewal of, or any material change to, any of the policies maintained in compliance with the contract.