ATTACHMENT B - General Insurance Requirements.pdf

ATTACHMENT B

INSURANCE REQUIREMENTS

During this Contract, the Contractor shall provide and maintain, at their own expense, all insurance as set forth and marked below, protecting the County against any Claims, as defined in this Contract. The insurance shall be written for not less than any minimum coverage herein specified. Limits of insurance required in no way limit the liability of the Contractor.

Primary Coverages

Commercial General Liability Occurrence Form including: (a) Premises and Operations; (b) Products and Completed Operations (including On and Off Premises Coverage); (c) Personal and Advertising Injury; (d) Broad Form Property Damage; (e) Broad Form Contractual including coverage for obligations assumed in this Contract;

$1,000,000 – Each Occurrence Limit $1,000,000 – Personal & Advertising Injury $2,000,000 – Products & Completed Operations Aggregate Limit $2,000,000 – General Aggregate Limit $ 100,000 – Damage to Premises Rented to You (formally known as Fire Legal Liability)

Workers’ Compensation Insurance with limits statutorily required by any applicable Federal or State Law and Employers Liability insurance with limits of no less than $500,000 each accident, $500,000 disease each employee, and $500,000 disease policy limit.

1. ☐ Fully Insured or State approved self-insurer.

2. ☐ Sole Proprietors must submit a signed Sole Proprietor form.

3. ☐ Exempt entities, Partnerships, LLC, etc., must submit a State of Michigan form WC-337

Certificate of Exemption.

Commercial Automobile Liability Insurance covering bodily injury or property damage arising out of the use of any owned, hired, or non-owned automobile with a combined single limit of $1,000,000 each accident. This requirement is waived if there are no company owned, hired or non-owned automobiles utilized in the performance of this Contract.

Commercial Umbrella/Excess Liability Insurance with minimum limits of $4,000,000 each occurrence. Umbrella or Excess Liability coverage shall be no less than following form of primary coverages or broader. This Umbrella/Excess requirement may be met by increasing the primary Commercial General Liability limits to meet the combined limit requirement.

Supplemental Coverages – As Needed

1. Professional Liability/Errors & Omissions Insurance (i.e., Consultants, Technology Vendors, Architects, Engineers, Real Estate Agents, Insurance Agents, Attorneys, etc.) with minimum limits of $5,000,000 per claim and $5,000,000 aggregate shall be required when the Contractor provides professional services that the County relies upon. If the Vendor changes Professional Liability insurers during the course of the contract the Vendor must obtain Prior Acts Coverage that is retroactive to the original contract inception date and includes coverage for any claims that occurred since the contracts inception and any renewal/extensions. The vendor shall obtain Extended Reporting Period i.e., Tail Coverage that provides coverage for 5 years beyond the contract termination date.

2. Cyber Liability Insurance with minimum limits of $5,000,000 per claim and $5,000,000 aggregate shall be required when the Contractor has access to County IT systems and/or stores County data electronically.

3. Medical Malpractice Insurance with minimum limits of $5,000,000 per claim and $5,000,000 aggregate shall be required when medically related services are provided. If the Vendor changes Medical Malpractice Liability insurers during the course of the contract the Vendor must obtain Prior Acts Coverage that is retroactive to the original contract inception date and includes coverage for any claims that occurred since the contracts inception and any renewal/extensions. The vendor shall obtain Extended Reporting Period i.e., Tail Coverage that provides coverage for 5 years beyond the contract termination date.

4. Other Insurance Coverages as may be dictated by the provided product/service and deemed appropriate by the County Risk Management Department.

General Insurance Conditions

The aforementioned insurance shall be endorsed, as applicable, and shall contain the following terms, conditions, and/or endorsements. All certificates of insurance shall provide evidence of compliance with all required terms, conditions and/or endorsements.

1. All policies of insurance shall be on a primary, non-contributory basis with any other insurance or self-insurance carried by the County;

2. The insurance company(s) issuing the policy(s) shall have no recourse against the County for subrogation (policy endorsed written waiver), premiums, deductibles, or assessments under any form. All policies shall be endorsed to provide a written waiver of subrogation in favor of the County;

3. Any and all deductibles or self-insured retentions shall be assumed by and be at the sole risk of the

Contractor;

4. Contractors shall be responsible for their own property insurance for all equipment and personal property used and/or stored on County property;

5. The Commercial General Liability and Commercial Automobile Liability policies along with any required supplemental coverages shall be endorsed to name the County of Oakland and it officers, directors, employees, appointees and commissioners as additional insured where permitted by law and policy form;

6. If the Contractor’s insurance policy’s have higher limits than the minimum coverage requirements stated in this document the higher limits shall apply and in no way shall limit the overall liability assumed by the Contractor under contract.

7. The Contractor shall require its contractors or sub-contractors, not protected under the Contractor’s insurance policies, to procure and maintain insurance with coverages, limits, provisions, and/or clauses equal to those required in this Contract;

8. Certificates of insurance must be provided no less than ten (10) Business Days prior to the County’s execution of the Contract and must bear evidence of all required terms, conditions and endorsements; and provide 30 days’ notice of cancellation/material change endorsement.

9. All insurance carriers must be licensed and approved to do business in the State of Michigan along with the Contractor’s state of domicile and shall have and maintain a minimum A.M. Best’s rating of A- unless otherwise approved by the County Risk Management Department.

Revised May 8, 2020