Exhibit_Z_-_Exhibit_C_-_Insurance_Requirements_(FOR_DRAFT_CONTRACT).pdf

25-P-131TF INSURANCE REQUIREMENTS EXHIBIT C

1. Required Types of Insurance

The Bank shall purchase and maintain at its own expense, during the term of the Agreement, the types and amounts of insurance with limits no less than those shown below, in the form and from companies satisfactory to the County are detailed in Figure 1 below. Figure 1 is a listing and general summary of insurance policies required and is not intended to be comprehensive as to the requirements of each specific policy. Contractors shall review the additional requirements in this Exhibit C and ensure that the insurance policies comply with the specific terms and conditions therein.

Figure 1:

TYPE OF INSURANCE

WORKERS’ COMPENSATION

Waiver of Subrogation Florida Statutory Coverage

COMMERCIAL GENERAL LIABILITY

Occurrence Basis Waiver of Subrogation County Additional Insured

EACH OCCURRENCE $ 1,000,000

GENERAL

AGGREGATE

$ 2,000,000

Premises-Operations $ 1,000,000

Products & Completed Ops $ 1,000,000

Personal & Adv Inj. $ 1,000,000 Fire Damage $

MOTOR VEHICLE LIABILITY

Any Auto

Combined Single Limit $ 1,000,000

Bodily Injury (Per person)

Bodily Injury (Per accident)

Property Damage (Per Accident) $

Note: If Bank does not have Coverage Symbol 1 (Any Auto), Bank is limited to use of covered autos only. If Bank does not have Coverage Symbol 1, Bank shall have Coverage Symbol 7 (Scheduled Autos), Coverage Symbol 8 (Hired Autos), and Coverage Symbol 9 (Non-Owned Autos).

PROFESSIONAL LIABILITY

$ 5,000,000 per Claim $ 5,000,000 Aggregate

CYBER INSURANCE

Cyber & Incident Response Network and Information Security & Privacy Liability Third Party Privacy Breach Management Costs

$ 2,000,000 each Claim $ 2,000,000 Aggregate

FINANCIAL INSTITUTION BOND

$10,000,000 Occurrence $10,000,000 Aggregate

CANCELLATION: Thirty (30) days written notice of cancellation is required to the Certificate Holder:

Certificate Holder:

County of Volusia Purchasing & Contracts Division 123 W. Indiana Avenue, Room 302 DeLand, FL 32720

ATTN: Tabatha Freedman, Senior Procurement Analyst

Risk Management Division

A. For the purposes of indemnification of the County or an endorsement or insurance coverage under this Agreement/Contract under which the County is a “named insured”, “additional named insured”, or “additional insured”, the term “County” includes the County of Volusia (a body corporate and politic and a subdivision of the State of Florida), including its districts, authorities, separate units of government established by law, ordinance or resolution, partners, elected and non-elected officials, employees, agents, volunteers, and any party with whom the County has agreed by contract to provide additional insured status.

B. The policy limits for all required policies in Figure 1 shall apply separately from one another and shall not be shared with any other coverage line or reduce the aggregate limit of any other insurance coverage form required in this exhibit.

C. Subcontractors and Independent Contractors. All subcontractors & independent contractors utilized by Bank to provide services to County and its employees under this Agreement/Contract shall be required to maintain all insurance policies with the same terms, conditions, and requirements required of the Bank in Figure 1 above and described below in this Exhibit.

D. Claims Made Basis Insurance Policies. All insurance policies written on a Claims Made

Form shall maintain a retroactive date prior to or equal to the effective date of the Agreement. Bank shall purchase a Supplemental Extended Reporting Period (“SERP”) with a minimum reporting period of not less than three (3) years in the event the policy is canceled, not renewed, switched to occurrence form, or any other event which requires the purchase of a SERP to cover a gap in insurance for claims which may arise under or related to the Agreement. Bank’s purchase of the SERP shall not relieve the Bank of the obligation to provide replacement coverage. In addition, the Bank shall require the carrier immediately inform the Bank, the County Risk Manager, and the Purchasing and Contracts Division of any contractual obligations that may alter its professional liability coverage under the Agreement.

E. Risk Retention Groups and Pools. Bank shall not obtain an insurance policy required under this Agreement from a Risk Retention Group or Pool.

F. Minimum Required Policies and Limits. Minimum underlying policies, coverages, and limits shall include all policies listed in Figure 1.

G. Additional Insured, Policies, Coverages, Limits, Primary and Non-Contributory Basis.

Under all insurance policies where the County is required to be an additional insured, the coverage and limits provided to the County under Bank’s insurance policies shall be that listed in Figure 1 or the Bank’s actual limits, whichever is higher. All coverage provided to the County as an additional insured by said policies shall be primary and shall not be additional to or contributing with any other insurance carried by or for the benefit of the County with any other insurance available to the County. Contractors performing construction projects shall utilize ISO Forms CG 20 38 and CG 20 37, or their equivalents to provide additional insured status to the County and any party to whom the County is contractually bound to provide additional insured status under a commercial general liability policy.

H. Disposal of Materials. If the services provided require the disposal of any hazardous or non-hazardous materials off the job site, the disposal site operator must furnish a certificate of insurance for Pollution Legal Liability with coverage for bodily injury and property damage for losses that arise from the facility that is accepting the waste under the Agreement.

I. Workers’ Compensation. Workers’ Compensation insurance is required for all employees of the Bank, employed or hired to perform or provide work or services under the Agreement or that is in any way connected with work or services performed under the Agreement, without exclusion for any class of employee, and shall comply fully with the Florida Workers’ Compensation Law (Chapter 440, Florida Statutes, Workers’ Compensation Insurance) and include Employers’ Liability Insurance with limits no less than the statutory amount. Policy shall be endorsed with NCCI form WC 00 03 13 providing a waiver of subrogation in favor of the County. If Bank is using a “leased employee” or an employee obtained through a Professional Employer Organization (“PEO”), Bank is required to have such employees covered by worker’s compensation insurance in accordance with Florida Worker’s Compensation law. The PEO shall endorse its workers’ compensation policy with NCCI form WC 00 03 13 providing a waiver of subrogation in favor of the County, its employees, and insurers.

i. Bank and its Subcontractors, or any associated or subsidiary company doing work on County property or under the Agreement must be named in the Workers’ Compensation coverage or provide proof of their own Workers’ Compensation coverage, without exclusion of any class of employee, and with a minimum of the statutory limits per occurrence for Employer’s liability coverage. Further, if the Bank's Subcontractors fail to obtain Workers’ Compensation insurance and a claim is made against the County by the uncovered employee of said Subcontractor of the Bank, the Bank shall indemnify, defend, and hold harmless the County from all claims for all costs including attorney’s fees and costs arising under said employee(s) Workers’ Compensation insurance claim(s).

J. Commercial General Liability Insurance. Bank shall obtain and maintain Commercial

General Liability insurance, with limits of not less than the amounts shown in Figure 1.

Bank shall not obtain an insurance policy wherein the policy limits are reduced by defense and claim expenses. Such insurance shall be issued on an occurrence basis and include coverage for the Bank’s operations, independent Contractors, and Subcontractors protecting itself, its employees, agents, Contractors or subsidiaries, and their employees or agents for claims for damages caused by bodily injury, property damage, or personal or advertising injury, and products liability/completed operations including what is commonly known as Coverages A and B. Such policies shall include coverage for claims by any person as a result of actions directly or indirectly related to the employment of such person or entity by the Bank or by any of its Subcontractors arising from work or services performed under the Agreement. Policy shall include either contractual insurance or a designated contract contractual liability coverage endorsement, indicating expressly the Bank’s Agreement to indemnify, defend and hold harmless the County as provided in the Agreement. The commercial general liability policy shall provide coverage to County when it is required to be named as an additional insured either by endorsement or pursuant to a blanket additional insured endorsement, for those sources of liability which would be covered by the latest edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01), as filed for use in the State of Florida by the Insurance Services Office, without the attachment of any endorsements excluding or limiting coverage for Bodily Injury, Property Damage, Products/Completed Operations, Independent Contractors, Property of County in Bank’s Care, Custody or Control or Property of County on which contracted operations are being performed, Explosion, Collapse or Underground hazards (XCU Coverage), Contractual Liability or Separation of Insureds.

i. For construction related projects County shall be added as additional insured to Bank’s policy by both ISO Endorsements CG 20 38 (Premises & Operations) and CG 20 37 (Products & Completed Operations) or their equivalents. If County has agreed by separate contract to require Bank to name another party as an additional insured, Bank shall add said party as an additional insured to the commercial general liability policy by ISO Endorsement CG 20 38 and CG 20 37, or their equivalents.

ii. For non-construction projects, Bank shall add County as additional insured by both ISO Endorsements CG 20 10 (Premises & Operations) and CG 20 37 (Products & Completed Operations) or their equivalent. If County has agreed by separate contract to require Bank to name another party as an additional insured, Bank shall add said party as an additional insured to the commercial general liability policy by both ISO Endorsement CG 20 10 and CG 20 37 or their equivalents.

iii. All commercial general liability policies shall be endorsed to provide a waiver of subrogation in favor of the County and any other party required by this Agreement to be named as an additional insured.

K. Motor Vehicle Liability. Bank shall secure and maintain during the term of the

Agreement a motor vehicle liability policy with a combined single limit of no less than the amounts shown in Figure 1 for bodily injury and property damage arising from the ownership, maintenance, or use of a motor vehicle. Policy shall be written with Coverage Symbol 1 (Any Auto), providing coverage for all autos operated regardless of ownership, or with Coverage Symbols 7, 8, & 9 (Scheduled, Hired, & Non-Owned vehicles). The County shall be an additional insured under this policy when required in Figure 1. If Motor Vehicle Liability is by endorsement to another policy required in Figure 1, then the limits for Motor Vehicle Liability shall be separate (they shall not be shared) and in addition to the underlying policy limits. If endorsed to another policy required in Figure 1, Motor Vehicle Policy Limits shall apply on a per occurrence basis and shall not have an aggregate limit.

L. Professional Liability. The Bank shall ensure that it secures and maintains, during the term of the Agreement, Professional Liability insurance with limits of no less than the amount shown above. Such policy shall cover all the Bank’s or its Subcontractor’s professional liabilities whether occasioned by the Bank or its Subcontractors, or its agents or employees. For Contractors providing Architectural and Engineering related services, policy shall be broad enough to include errors and omissions specific to Bank’s professional liability for direct and contingent design errors and Architect’s/Engineers professional liability with no exclusions for design-build work.

If the Bank fails to secure and maintain the professional liability insurance coverage required herein, the Bank shall be liable to the County and agrees to indemnify, defend, and hold harmless the County against all claims, actions, losses or damages that would have been covered by such insurance. The County shall be an additional insured under this policy when required in Figure 1.

M. Cyber Insurance. Bank shall secure and maintain during the term of the Agreement data privacy and network security liability insurance, with a limit of not less than the amounts shown above with an aggregate limit and per occurrence basis, with coverage for (a) data breaches by the Bank or anyone causing the loss of use of electronic data; loss of personally identifiable information or County confidential information; violations of privacy regulations associated with the control and use of personally identifiable financial, medical or other sensitive information including but not limited to HITECH; HIPPA; Gramm-Leach Bliley Act of 1999; Florida Breach of Security Act (Section 817.5681, Florida Statutes (2012); the Federal Trade Commission Act (15 U.S.C. 45(a)); violations of the identity Red Flags under the Fair and Accurate Credit Transactions Act of 2003; (c) violations of any state, federal or foreign identity theft or privacy protection, notification and credit monitoring statutes (including any amendments thereto); (d) online defamation, advertising, libel, and slander-related exposures as well as emerging Web 2.0 liabilities created by casual users of third parties accessing Bank’s web site(s) or computer systems through eMedia and the Internet; (e) network security breaches for failure of security measures to prevent a denial of service, unauthorized access, theft of electronic data, and inadvertent transmission of a virus or other malicious code; (f) infringement of intellectual property rights (e.g., patent, copyright, or trademark) in any telecommunications medium (e.g., cell phones, modems, text, videos, images, blogs, etc.) which result in a loss of County revenue or expense to the County due to a covered network outage or computer system loss; (f) cyber investigation expense incurred to investigate a data privacy or network security wrongful act; and, (g) cyber extortion for expenses incurred in the event of an extortion threat to cause a data privacy or network security wrongful act.

NOTE: Coverage for loss of electronic data can be incorporated with insurance coverage in Cyber Insurance or Computer Software and Services Errors and Omissions Liability.

N. Financial Institution Bond. Bank shall purchase and maintain, during the term of the

Agreement, a financial institution bond with limits of no less than the amount shown in the Required Types and Limits of Insurance Chart. This policy shall cover any incident involving the Bank's personnel assigned to work in the County for the same limits. The policy shall be for both crime and dishonesty exposures.

O. Primary and Excess Coverage. Any insurance required may be provided by primary and excess insurance policies.

2. Insurance Requirements

A. General Insurance Requirements:

i. All insurance policies shall be issued by insurers licensed and/or duly authorized under Florida Law to do business in the State of Florida and all insuring companies are required to have a minimum rating of A- and a Financial category size of VIII or greater in the "Best Key Rating Guide" published by A.M. Best & Company, Inc.

ii. Approval by County of any policy of insurance shall not relieve Bank from its responsibility to maintain the insurance coverage required herein for the performance of work or services by the Bank or its Subcontractors for the entire term of the Agreement and for such longer periods of time as may be required under other clauses of the Agreement.

iii. Waiver of Subrogation. Bank hereby waives all rights against the County and its Subcontractors for damages by reason of any claim, demand, suit or settlement (including workers’ compensation) for any claim for injuries or illness of anyone, or perils arising out of the Agreement. Bank shall require similar waivers from all its Subcontractors. Bank’s insurance policies shall include a waiver of subrogation in favor of the County. This provision applies to all policies of insurance required under the Agreement (including Workers’ Compensation, and general liability).

iv. County Not Liable for Paying Deductibles. For all insurance required by Bank, the County shall not be responsible or liable for paying deductibles for any claim arising out of or related to the Bank’s business or any Subcontractor performing work or services on behalf of the Bank or for the Bank’s benefit under the Agreement.

v. Cancellation Notices. During the term of the Agreement, Bank shall be responsible for promptly advising and providing the County Risk Manager and the Purchasing and Contracts divisions with copies of notices of cancellation or any other changes in the terms and conditions of the original insurance policies approved by the County under the Agreement within two (2) business days of receipt of such notice or change.

vi. Deductibles and Self-Insured Retentions. Contractors that maintain and administer a self-insured retention or a large deductible formal program exceeding the insurance requirements listed in Figure 1 to fund either program may submit an exception request to be considered for this project.

The request must include a summary of the program’s design and funding method to manage fund deductibles or self-insured retentions. If additional information is necessary, the County will request more specific information, which must be provided by the Bank. The County Risk Manager will review the information submitted and determine whether the program is acceptable to the County.

Contractors with no formal risk management program in place to manage and fund deductibles or self-insured retentions may not be considered. Subject to County approval, Bank may obtain a letter of credit in the amount equivalent to the deductible, which shall remain in effect during the term of the Agreement at no additional cost to the County.

vii. Bank’s obligations or services shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity or insurance defense of additional or named insureds which would otherwise exhaust or be unavailable as to a party or person described in this Agreement.

3. Proof of Insurance

A. The Bank shall be required to furnish evidence of all required insurance in the form of certificates of insurance, which shall clearly outline all hazards covered as itemized herein, the amounts of insurance applicable to each hazard and the expiration dates.

B. The Bank shall furnish proof of insurance acceptable to the County prior to or at the time of execution of the Agreement and the Bank shall not commence work or provide any service until the Bank has obtained all the insurance required under the Agreement and such insurance has been filed with and approved by the County. Upon request from the County, the Bank shall furnish copies of all required policies and any changes, endorsements, or amendments thereto, immediately, to the County, the County Risk Manager, and Purchasing and Contracts Divisions, prior to and any time after the commencement of any contractual obligations. The Agreement may be terminated by the County, without penalty or expense to County, if at any time during the term of the Agreement proof of any insurance or copies of any insurance policies required hereunder are not provided to the County upon request.

C. All certificates of insurance shall clearly indicate that the Bank has obtained insurance of the type, amount and classification required by this Section. No work or services by Bank or its Subcontractors shall be commenced until County has approved these policies or certificates of insurance. Further, the Bank agrees that the County shall make no payments pursuant to the terms of the Agreement until all required proof or evidence of insurance has been provided to the County. The Agreement may be terminated by the County, without penalty or expense, if proof of any insurance required hereunder is not provided to the County.

D. The Bank shall file replacement certificates with the County at the time of expiration or termination of the required insurance occurring during the term of the Agreement. In the event such insurance lapses, the County expressly reserves the right to renew the insurance policies at the Bank’s expense or terminate the Agreement but County has no obligation to renew any policies.

4. The provisions of this Exhibit C shall survive the cancellation or termination of the Agreement.