6-Attachment 5-Insurance and Indemnity.docx

ATTACHMENT 5

Insurance and Indemnity Acknowledgement

Contractor must at the time of the contract award provide to Milwaukee County proof of all Liability clauses listed below:

General Indemnity:

Contractor agrees, to the fullest extent permitted by law, to indemnify, defend and hold harmless, the County and its agents, officers and employees, from and against all loss or expenses including cost and attorney’s fees by reason of liability for damages including suits at law or in equity, caused by any act or omission of Contactor, or its agents or guests, which may arise out of or are connected with the activities covered by the agreement.

Insurance:

Every Contractor and parties furnishing services or products to Milwaukee County or any of its subsidiaries must provide County with evidence of the following minimum insurance requirements. In no way do these minimum requirements limit the liability assumed elsewhere in the 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.

Contractor shall, at its sole expense, maintain the following insurance:

(1.) Commercial General Liability Insurance including contractual coverage:

The limits of this insurance for bodily injury and property damage Combined shall be at least:

(2.) Business Automobile Liability Insurance:

Should the performance of this Agreement involve the use of automobiles, Contractor shall provide comprehensive automobile insurance covering the ownership, operation and maintenance of all owned, non-owned and hired motor vehicles. Contractor shall maintain limits of at least $1,000,000 per accident for bodily injury and property damage combined.

(3.) Workers’ Compensation Insurance:

Such insurance shall provide coverage in amounts not less than the statutory requirements in the state where the work is performed, even if such coverages are elective in that state.

(4.) Employers Liability Insurance:

Such insurance shall provide limits of not less than $500,000 policy limit.

(5.) Professional Liability *

Medical Malpractice insurance for

any other qualified healthcare provider under Chapter 655 WI. Stat. Health Care Liability and Injured Patients and Family Compensation (Indicate if Claims Made or Occurrence)

*If Contractor’s Professional Liability insurance is underwritten on a Claims-Made basis, the Retroactive date shall be prior to or coincide with the date of this Agreement, the Certificate of Insurance shall state that professional malpractice or errors and omissions coverage, if the services being provided are professional services coverage is Claims-Made and indicate the Retroactive Date, Contractor shall maintain coverage for the duration of this Agreement and for six (6) years following the completion of this Agreement.

It is also agreed that on Claims-Made policies, either Contractor or County may invoke the tail option on behalf of the other party and that the Extended Reporting Period premium shall be paid by Contractor.

(8.) Optional - Excess/Umbrella Liability Insurance:

The insurance coverages specified in (1.), (2.), (4.) may be obtained through any combination of primary and excess or umbrella liability insurance.

Additional Requirements:

(9.) Contractor shall require the same minimum insurance requirements, as listed above, of all its contractors, and subcontractors, and these contractors, and subcontractors shall also comply with the additional requirements listed below.

(10.) The insurance specified in (1.), (2.), (4.) and (8.) above shall: (a) name Milwaukee County, including its directors, officers, employees, and agents, as additional insureds by endorsement to the policies, and (b) provide that such insurance is primary coverage with respect to all insureds and additional insureds.

(11.) Except where prohibited by law, all insurance policies shall contain provisions that the insurance companies waive the rights of recovery or subrogation, by endorsement to the insurance policies, against County, its subsidiaries, its agents, servants, invitees, employees, co-lessees, co-venturers, affiliated companies, contractors, subcontractors, and their insurers.

(12.) Contractor shall provide certificates evidencing the coverages, limits and provisions specified above on or before the execution of the Agreement and thereafter upon the renewal of any of the policies. Contractor shall require all insurers to provide County with a thirty (30) day advanced written notice of any cancellation, nonrenewal or material change in any of the policies maintained in accordance with this Agreement. Coverage must be placed with carriers with a current A. M. Best rating of A X or better.

The undersigned certifies and represents an understanding of Milwaukee County’s Insurance and Indemnification requirements. The undersigned acknowledges that Milwaukee County is, in part, relying on the information contained in this Proposal document in order to evaluate and compare the response to the RFP.

Respondent’s Name

Date