6-Exhibit B - Insurance Requirements.pdf

DEPARTMENT OF ADMINISTRATIVE SERVICES

Risk Management Division

RFP-2025-009: Countywide Vending Services

Issued: June 30, 2025 Closes: August 8, 2025

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INSURANCE REQUIREMENTS

All Milwaukee County Vendors (business organizations providing goods or services to the County through Purchase Orders or written contracts) 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.

General Coverage Requirements The Vendor shall 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 from or resulting from the Vendor’s goods, services, and/or work activities, by whomever performed, for the coverage types and in the amounts described in this document. The Vendor shall, at its own expense, acquire and maintain the required insurance coverages at the limits identified below for the entire term of its contract(s) with Milwaukee County. The Vendor may obtain the required 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- or better.

The Vendor shall provide acceptable proof of all listed coverage to the County prior to performing any services, activities, or other work on its contract(s) with the County. The Vendor shall provide a Certificate of Insurance to Milwaukee County Risk Management for each successive period of coverage for the duration of the contract in the minimum amounts provided in this document, unless expressly agreed otherwise by both Parties in writing.

The County reserves the right to make changes and/or updates to its coverage requirements during the term of the contract with the written agreement of the Vendor. The Vendor agrees that it will not unreasonably withhold its acceptance of the County’s requested changes or updates and will negotiate any required changes or updates in good faith.

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

The Vendor shall ensure Milwaukee County is named as an Additional Insured on the General Liability policy as respects the services and activities described in the contract documents.

2. Business Automobile Liability Insurance

If the Vendor’s performance of services or activities described in the contract documents requires the use of automobiles, 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

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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. The Vendor shall ensure this coverage includes a waiver of subrogation in the favor of Milwaukee County and that the waiver of subrogation 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 $500,000 policy aggregate limit.

The Vendor shall ensure this coverage includes a waiver of subrogation in the favor of Milwaukee County and that the waiver of subrogation is stated on the Vendor’s submitted Certificate of Insurance.

5. Commercial Crime Insurance (to include 3rd party)

The Vendor shall maintain Commercial Crime Insurance which covers employee dishonest actions or thefts which may occur during performance of services or activities under the contract. This insurance shall provide coverage for loss inside the premises and loss outside the premises. Commercial Crime Coverage shall be at least:

Form A Employee Dishonesty $500,000 Form B Forgery $500,000 Form C Theft, Disappearance, and Destruction $500,000

6. Cyber Liability

The Vendor shall maintain Cyber Liability insurance appropriate to cover all products, services, and/or activities described by or contemplated by the contract documents. The limits of this insurance shall be at least per occurrence:

Media Liability $1,000,000 Security Liability $1,000,000 Privacy Liability $1,000,000 Regulatory Proceedings $1,000,000 Technology Errors & Omissions $1,000,000

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

6.1. 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.

6.2. 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.

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6.3. 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.

6.4. Regulatory Proceeding

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.

6.5. 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.

6.6. 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. Excess/Umbrella Liability Coverage The Vendor shall maintain excess or umbrella liability coverage with additional limits of at least $5,000,000 per occurrence. This excess or umbrella coverage must be in excess of (or in addition to) the limits provided in Sections 1 (Commercial Liability), 2 (Automobile Liability), 4 (Employer’s Liability), and 6 (Cyber Liability) above.

8. Required Coverage Period

If any insurance coverage detailed above is written on a claims-made basis, the Vendor shall ensure its insurance coverage which applies to the services and activities described in the contract documents is extended for two (2) years after completion of all work contemplated by the contract documents.

9. Additional Policy Information Upon written request from the County and/or its Department of Administrative Services, Risk Management Division, the Vendor shall provide additional information on the following coverage(s):

9.1. Cyber Liability Information

The Vendor shall provide additional information on its cyber liability insurance coverage including, but not limited to:

9.1.1. Policy provisions (i.e., media, security, privacy, regulatory, etc.)

9.1.2. Applicable retention levels

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

9.1.4. Effective retroactive and expiration dates.

10. Miscellaneous Requirements

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10.1. 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 document at the same minimums listed above.

10.2. 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.

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

10.4. Except where prohibited by law, the Vendor shall ensure that its Commercial General Liability, Automobile Liability, Workers’ Compensation, Employer’s Liability, and Commercial Crime policies grant a waiver of subrogation in Milwaukee County’s favor.

10.5. 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.

10.6. 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.