7-Attachment F H25-25-150 CCH Insurance Requirements.pdf

Attachment F Cook County Health Insurance Requirements

Before the contract award, the selected proposer must submit proof of insurance in the required amounts.

However, with their proposal, the proposer must include a statement on their company letterhead confirming their agreement or any objections to meeting all insurance requirements, as outlined below.

Proposers may also submit current certificates of insurance to demonstrate compliance with this insurance requirement.

ARTICLE 1

VENDOR INSURANCE

1.1 Vendor-Required Insurance (CCH GC-03). Vendor will maintain, at Vendor’s sole cost and expense and in full force and effect for the Term, at least the following insurance, through policies with reputable and financially sound insurance organizations or through a program of self-insurance acceptable to CCH, to cover loss and damage arising from the furnishing of Services and Deliverables (collectively, "Vendor- Required Insurance"):

(a) Workers’ compensation insurance in accordance with the Laws of the State of Illinois and any other applicable jurisdiction, with at least the following coverage: (i) employer’s liability with minimum limits of $1,000,000 each accident and $1,000,000 each employee by disease, and minimum $1,000,000 policy limits by disease; and (ii) broad form all States.

(b) Commercial general liability insurance for bodily injury and property damage, including loss of use, with minimum limits of $1,000,000 per occurrence and $3,000,000 aggregate for bodily injury and property damage combined. The commercial general liability insurance must include at least the following coverage: (i) all premises and operations; (ii) broad form blanket contractual liability;

(iii) products and completed operations; (iv) broad form property damage liability; and (v) Cross liability.

(c) Comprehensive automobile liability insurance for all owned, non-owned and hired automobiles, trucks and trailers, with at least the following coverage: (i) for all automobiles, minimum limit of $1,000,000 per occurrence for bodily injury and property damage combined; and (ii) for uninsured motorists, in accordance with the Laws of the State of Illinois.

(d) Umbrella and excess liability insurance with minimum limits of $2,000,000 per occurrence for all liability and $2,000,000 aggregate per policy year separately for products and completed operations.

(e) Professional liability and errors and omissions insurance for all activities Vendor undertakes pursuant to this Services Agreement with minimum limits of $1,000,000 per occurrence and $3,000,000 aggregate and a retroactive date on or before execution of this Services Agreement.

(f) Cyber liability insurance with minimum limit of $10,000,000 aggregate and no sub-limits under $1,000,000 for CCH’s costs and expenses related to or liability arising from any of the following:

(i) Unauthorized access to, or use, disclosure, or acquisition of personal, confidential or health-related information (including Confidential Information and Protected Health

Information) and any related forensic, crisis management, legal, public relations and investigation costs;

(ii) Unauthorized access to, use of, or tampering with computer or network systems or programs, including inability of an authorized third party to gain access to services, denial of service attacks, or other hacker incidents;

(iii) Introduction of malware or a computer virus into, or otherwise causing damage to, a third party's computer or network system, or similar computer-related property and damage or loss of the data, software, and programs thereon;

(iv) Any government fines, penalties, audits, investigations or other inquiries resulting from the alleged or actual unauthorized access to or use, disclosure, or acquisition of personal, confidential or health-related information (including Protected Health Information) or network security liability incident;

(v) Third-party breach response, notification, call center, printing and credit-monitoring costs;

(vi) Multi-media and technology professional liability; and

(vii) Business interruption loss due to any of the foregoing exposures or incidents.

1.2 Additional Requirements (CCH GC-03). Vendor-Required Insurance must meet the following additional requirements:

(a) Vendor-Required Insurance must be primary to and non-contributory with respect to any other insurance or self-insurance that may be maintained by CCH, and must contain cross-liability coverage and a separation of insureds or severability-of-interest clause.

(b) Vendor will procure waivers of subrogation in favor of CCH applicable to all Vendor- Required Insurance.

(c) Any Vendor-Required Insurance written on a “claims-made,” rather than an “occurrence” basis, must include an extended reporting period, or “tail,” of no less than five (5) years following expiration or termination of this Services Agreement.

1.3 Evidence of Coverage (CCH GC-03). Vendor will furnish to CCH certificates of insurance or other documentation sufficient to evidence Vendor’s maintenance of the Vendor-Required Insurance prior to the Effective Date of this Services Agreement and thereafter upon CCH request. Vendor will notify CCH in writing of the impending termination, non-renewal, expiration, lapse or material change of any Vendor- Required Insurance at least 30 days prior thereto. Vendor will immediately notify CCH upon receipt of a cancellation or non-renewal notice for any Vendor-Required Insurance.

1.4 Insurer Qualifications (CCH GC-03). Each insurance company providing any Vendor-Required Insurance must be licensed or approved by the State of Illinois Department of Insurance and have a financial strength and size rating no lower than “A-“ and “(VII)”, respectively, as listed in A.M. Best’s Key Rating Guide (current edition or interim report). Insurance companies with financial strength and size ratings lower than “A-“ and “(VII)” may be acceptable upon the written consent of the CCH Chief Procurement Officer.

1.5 Additional Insureds (CCH GC-03). Vendor-Required Insurance will name CCH and the County of Cook as additional insureds on a primary basis for liability directly or indirectly arising out of or related to the furnishing of Services and Deliverables.

1.6 Vendor’s Obligations and Liabilities (CCH GC-03). Vendor’s maintenance of Vendor-Required Insurance pursuant to this ARTICLE 1 will not lessen nor affect Vendor’s other obligations or liabilities under this Services Agreement or applicable Law.

1.7 Downstream Insurance Requirements (CCH GC-03). Vendor will contractually require its subcontractors performing under this Services Agreement to maintain a minimum amount of commercial general liability insurance, professional liability and errors and omissions insurance, and cyber liability insurance comparable to the insurance requirements applicable to Vendor under this ARTICLE 1.