6-EXHIBIT C - Social Services Insurance.pdf

EXHIBIT C

INSURANCE REQUIREMENTS FOR CONSULTANTS

Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees, or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE

Coverage shall be at least as broad as:

• Tenant Discrimination: For consultants interacting with the public or with tenants, coverage must include coverage for discrimination, harassment, and fair housing claims under the California Civils Rights Department (CRD) and HUD in Consultant’s

Commercial General Liability policy, or Professional Liability/Errors and Omissions

(E&O) policy, or in a separately maintained Tenant Discrimination insurance policy with limits no less than $1,000,000 per occurrence or claim.

• Sexual Abuse or Molestation (SAM) Liability: Consultants that may interact with children or vulnerable adults must retain SAM insurance. If the CGL policy referenced below is not endorsed to include affirmative coverage for sexual abuse or molestation, Consultant shall obtain and maintain a policy covering Sexual Abuse and Molestation with limits no less than $1,000,000 per occurrence or claim.

• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury, and personal and advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

• Automobile Liability: ISO Form Number CA 00 01 coverage any auto (Code 1), or if

Consultant has no owned autos, hired (Code 8) and non-owned autos (code 9) with limit no less than $1,000,000 for bodily injury and property damage. This requirement does not apply if no motor vehicles are used in providing services under the

Agreement.

• Workers' Compensation as required by the State of California, with Statutory Limits and Employers' Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. This requirement does not apply to sole proprietors.

• Professional Liability (Errors and Omissions): Insurance appropriate to the

Consultant's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 in the aggregate. If coverage is provided on a claimsmade basis, the retroactive date must be shown and must be before the date of the contract or the beginning of the contract work. insurance must be maintained, and evidence of coverage must be provided for at least five (5) years after completion of the contract of work. If coverage is cancelled or non-renewed and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the

Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after the completion of work.

• Cyber Liability Insurance: Coverage is required if the Consultant is accessing, collecting, storing, or transferring Personally Identifiable Information (PII), Personal

Health Information (PHI), Payment Card Information (PCI), or medical information on staff, tenant, applicants etc.

o Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information.

o The policy shall provide coverage for breach response costs, regulatory fines, and penalties as well as credit monitoring expenses with limits not less than

$2,000,000 per occurrence or claim, $2,000,000 aggregate.

If the consultant maintains broader coverage and/or higher limits than the minimums shown above, AHA requires and shall be entitled to the broader coverage and/or the higher limits maintained by the consultant. The insurance limits required by AHA are not represented as being sufficient to protect Consultant. Consultant is advised to consult Consultant's insurance broker to determine adequate coverage for Consultant.

OTHER INSURANCE REQUIREMENTS:

The insurance policies are to contain, or be endorsed to contain, the following provisions:

• Additional Insured Status:

o The Housing Authority of the City of Alameda and its affiliates, Alameda

Affordable Housing Corporation and Island City Development and its

Subsidiaries, and their departments, their respective directors, officers, Boards of Commissioners, employees, designated volunteers, elected or appointed officials, (Additional Insureds), are to be covered as additional insured on the

CGL policy and, if applicable, the Tenant Discrimination, SAM, and Cyber

Liability policies with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations.

o General liability coverage can be provided in the form of an endorsement to the Consultant's insurance at least as broad as ISO Form CG 20 10 11 85. If CG 20 10 11 85 is not available, endorsement must be at least as broad as the addition of both CG 20 10 and CG 20 37; or CG 20 38 and CG 20 40.

• Primary Coverage:

o For any claims related to this contract, the Consultant's insurance coverage shall be primary and non-contributory with coverage at least as broad as ISO

CG 20 01 04 13 as respects Additional Insureds.

o Any insurance or self-insurance maintained by Additional Insureds shall be excess of the Consultant’s insurance and shall not contribute to it.

• Waiver of Subrogation:

o Consultant hereby grants to AHA a waiver of any right to subrogation which any insurer of said Consultant may acquire against AHA by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether AHA has received a waiver of subrogation endorsement from the Insurer.

• Failure to Secure:

o If Consultant, at any time during the term hereof, fail to secure or maintain the foregoing insurance, AHA shall be permitted to immediately terminate this

Agreement.

• Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with 30 days' notice to AHA.

• Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M.

Best's rating of no less than A: VII, unless otherwise acceptable to AHA

• Verification of Coverage:

o Consultant shall furnish AHA with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause, and a copy of the Declarations and Endorsement page of the CGL policy listing all policy endorsements before work begins.

o Consultant shall furnish AHA with a complete copy of any Excess/Umbrella policies, with all endorsements, maintained by Consultant before work begins.

o Failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them.

o AHA reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

• Subcontractors: Consultant shall pass down the insurance obligations contained herein to all tiers of subcontractors working under the contract.

• Notification of claims: The Proposer agrees to notify AHA in writing of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of the contract as soon as practicable, but no later than three (3) business days after their first knowledge of such claim or event.

• Special Risk or Circumstance: AHA reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstance.