6-Appendix 6 - Insurance Requirements.docx

DOCX document 31 KB Posted

Attached to
IMACS Master Systems Integrator RFR
Solicitation number
Solicitation221
Issued by
Hennepin County, Minnesota

About this file

This is an insurance requirements appendix for the Metropolitan Airports Commission (MAC) Master Systems Integrator (MSI) contract for the Integrated Management and Control System (IMACS) project in Minnesota. The consultant must obtain and maintain multiple insurance coverages throughout the contract term from Minnesota-licensed insurers with an A.M. Best rating of A- or better. Required coverages include Commercial General Liability with $1 million per occurrence and $2 million aggregate limits, Workers' Compensation meeting statutory requirements with $100,000 Employers Liability limits, Technology Professional Liability/Errors and Omissions with $2 million per occurrence limits covering intellectual property infringement, data breach, and regulatory fines, and Cyber Liability with $2 million minimum limits for first and third-party liability including information security and business interruption. Commercial Automobile Liability and Commercial Crime coverage are noted as not required but available. The Professional Liability and Cyber Liability policies must remain in force for a minimum of three years following contract termination if issued on a claims-made basis.

All deductibles and self-insured retentions are the consultant's sole responsibility, and the consultant must notify MAC in writing at least thirty days prior to any policy cancellation or modification. The consultant is required to provide a current ACORD-form certificate of insurance prior to commencing work, demonstrating full compliance with these requirements. Failure to effect, maintain, and provide evidence of required insurance constitutes material breach of contract and entitles MAC to immediate termination. The legal defense provided to MAC must be conflict-free, and the insurer's obligations remain valid regardless of the consultant's insolvency or bankruptcy.

View the file

Other files

On GovTribe

Work with this file

  • Download the original file
  • Contacts named in this file
  • Similar government files
  • Ask GovTribe AI about this file

Text version

1.2024

INSURANCE REQUIREMENTS

Introduction Clause INSURANCE. Consultant shall secure and keep in force during the term of this agreement, from insurance companies licensed or admitted in Minnesota, self-insurance pools or government self-retention funds authorized to do business in the relevant state(s) of operation under this agreement, the following insurance coverages. The insurance companies must have an A.M. Best rating of A- or better.

CGL
Commercial General Liability with minimum liability limits of $1 million per occurrence and $2 million general aggregate. The policy shall contain the following by endorsement or terms and conditions of the policy.

· Metropolitan Airports Commission shall be included as an additional insured and the policy shall be primary and non-contributory.

REQUIRED

AL
Commercial Automobile Liability, including Owned, Hired, Leased and Non-Owned automobiles, with minimum liability limits $1,000,000 Combined Single Limit. The policy shall contain the following by endorsement or terms and conditions of the policy.

· Metropolitan Airports Commission shall be included as an additional insured

NOT REQUIRED

WC
Workers’ Compensation coverage meeting all statutory requirements in all the relevant state(s) of operation that applies to the performance of this agreement. Employers Liability with limits of $100,000 – Each Accident, $100,000 – Disease-Each Employee, $100,000 – Disease-Policy Limit. The policy shall contain the following by endorsement or terms and conditions of the policy.

· A waiver of subrogation in favor of the Metropolitan Airports Commission

REQUIRED

PL
Technology Professional Liability Errors and Omissions Insurance appropriate to the Consultant’s profession and work hereunder with limits not less than $2,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, copyright, trademark, invasion of privacy violations, information theft, release of private information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

· The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the Agency in the care, custody, or control of Consultant. If coverage is on a "claims-made" basis, equivalent coverages must be maintained in force for a minimum of 3 years after the termination of this agreement.

REQUIRED

CC

Commercial Crime, including employee dishonesty coverage, computer crime and wire transfer coverages, with minimum limits of $500,000 per occurrence and $500,000 annual aggregate. The policy shall contain the following by endorsement or terms and conditions of the policy.

· Coverage must apply to loss or damage to MAC that is caused by Consultant's employees or agents.

NOT REQUIRED

CL

Cyber liability, first and third party liability including information security, notification cost, regulatory defense and penalties, website liability, cyber extortion, and business interruption. Minimum limits of $2 million.

REQUIRED, but may be part of the Tech E&O policy

Closing Clause The insurance coverages listed above are subject to the following additional requirements: 1) Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Consultant. 2) The duty to defend, indemnify, and hold harmless under this agreement shall not be limited by the insurance required in this agreement. 3) Consultant shall be responsible to notify MAC in writing at least thirty (30) days prior to any policy cancellation or modification of policy terms and conditions. 4) The legal defense provided to MAC under the policy terms and conditions and any endorsements must be free of any conflicts of interest, even if retention of separate legal counsel for MAC is necessary. 5) The insolvency or bankruptcy of the insured Consultant shall not release the insurer from payment under the policy, even when such insolvency or bankruptcy prevents the insured Consultant from meeting the retention limit under the policy. 6) The Consultant shall furnish a certificate of insurance to MAC using the most current ACORD form issued by an Insurance Company or Agent licensed in the United States and policies upon request to the undersigned MAC representative prior to commencement of this agreement showing compliance with the provisions of this contract. 7) Failure to effect, maintain and provide evidence of the insurance required in this agreement is a material breach of contract entitling MAC to terminate this agreement immediately.

RFR: _______IMACS__________

MAC INSURANCE RISK MANAGEMENT SIGNATURE: ____Emily Ann Colby___10.13.26________________

File details come from the government source that posted it. Updated .