RFP 864262701 Campus Security Services Insurance Requirements.docx

INSURANCE REQUIREMENTS

Vendor, at its own expense, shall procure and maintain insurance coverage sufficient to protect the Vendor, its employees, agents, subcontractors, Randolph Community College (RCC), RCC’s Board of Trustees, officers, officials, employees, agents, and representatives, and the State of North Carolina from claims arising out of or related to the performance of security services under the resulting contract. All insurance required by this Section shall remain in full force and effect throughout the term of the contract and any renewal, extension, or period during which services are being performed, including any required post-termination reporting period for claims-made coverage.

1. Required Coverage: At a minimum, the Vendor shall maintain the following insurance:

A. Commercial General Liability: Commercial General Liability insurance written on an occurrence basis with limits of not less than $1,000,000 per occurrence; $2,000,000 general aggregate; and $2,000,000 products/completed operations aggregate. Coverage shall include, at a minimum:

· Bodily injury;

· Property damage;

· Personal and advertising injury;

· Premises and operations liability;

· Contractual liability;

· Independent contractors;

· Completed operations; and

· Claims arising from the acts or omissions of security personnel.

The policy shall not contain exclusions that would materially limit coverage for the security services required under this RFP.

· Negligent security;

· Failure to protect;

· Failure to respond;

· False arrest;

· False imprisonment or detention;

· Wrongful eviction;

· Malicious prosecution;

· Libel or slander;

· Invasion of privacy;

· Use of force; and

· Other acts or omissions customarily associated with private security operations.

If this coverage is written on a claims-made basis, the retroactive date shall be no later than the date the Vendor first begins services for RCC. The Vendor shall maintain the claims-made coverage continuously for at least three (3) years after expiration or termination of the contract, or shall purchase an extended reporting period providing substantially equivalent protection for not less than three (3) years. Any replacement claims-made policy shall preserve the applicable retroactive date.

· Owned vehicles;

· Hired vehicles; and

· Non-owned vehicles.

The Vendor shall be solely responsible for workers’ compensation obligations associated with its employees and subcontractors. No personnel supplied by the Vendor shall be considered employees of RCC for workers’ compensation purposes.

2. Additional Insured Randolph Community College, its Board of Trustees, officers, officials, employees, agents, and representatives shall be included as Additional Insureds on the Commercial General Liability, Automobile Liability, applicable Security Guard / Professional Liability, and applicable Umbrella or Excess Liability policies with respect to operations performed by or on behalf of the Vendor. Additional insured status shall apply to both ongoing and completed operations where applicable and commercially available and shall not be limited solely to RCC’s vicarious liability. Certificate-holder status alone shall not satisfy this requirement.

3. Primary and Non-Contributory Coverage Insurance maintained by the Vendor shall be primary and non-contributory with respect to insurance or self-insurance maintained by RCC, to the extent commercially available. RCC’s insurance shall not be called upon to contribute to a loss that is the responsibility of the Vendor.

4. Waiver of Subrogation To the extent permitted by law and commercially available, the Vendor’s Workers’ Compensation, Commercial General Liability, Automobile Liability, and applicable umbrella or excess policies shall include a waiver of subrogation in favor of Randolph Community College, its Board of Trustees, officers, officials, employees, agents, and representatives.

5. Insurance Carriers All insurance required under this solicitation and any resulting contract shall be issued by insurance companies authorized to transact the applicable line of insurance in the State of North Carolina and having a current A.M. Best Financial Strength Rating of A- (Excellent) or better and a Financial Size Category of VII or better. Eligible surplus-lines coverage lawfully placed in North Carolina may be accepted only with RCC’s prior written approval. RCC may, in its sole discretion, approve an alternative carrier or rating after review of the insurer’s financial condition and claims-paying ability. RCC reserves the right to reject coverage issued by an insurer whose financial condition or claims-paying ability RCC reasonably determines to be inadequate for the risks associated with the contract.

6. Insurance Documentation Required with Proposal As part of its proposal, each Vendor shall submit a sample or current Certificate of Insurance (COI) demonstrating the type and level of insurance coverage currently maintained by the Vendor. The Certificate of Insurance should identify, as applicable:

· Commercial General Liability;

· Security Guard Professional Liability or Security Services Errors and Omissions Liability;

· Assault and Battery coverage;

· Firearms/Weapons Liability coverage, if armed security services are proposed;

· Automobile Liability;

· Workers’ Compensation and Employers’ Liability; and

· Umbrella or Excess Liability.

In addition to the Certificate of Insurance, the Vendor shall provide copies of applicable policy endorsements, declarations, or other documentation sufficient to demonstrate that the proposed insurance program does not exclude or materially restrict coverage for:

· Security guard operations;

· Assault and battery;

· Use of force;

· False arrest, detention, or imprisonment;

· Firearms or weapons, when applicable; and

· Other services required under this RFP.

If the submitted Certificate of Insurance represents the Vendor’s current insurance program rather than the coverage that will be provided if awarded the contract, the Vendor shall clearly identify any proposed changes necessary to comply with RCC’s insurance requirements.

Failure to provide the requested insurance documentation may result in RCC determining that the proposal is non-responsive or requesting additional documentation prior to award. RCC’s review of a sample or current Certificate of Insurance shall not constitute acceptance or approval of the Vendor’s insurance program. Final compliance with all insurance requirements shall be required before services commence.

7. Evidence of Insurance Prior to Commencement of Services Prior to commencing any services, the successful Vendor shall provide RCC with a current Certificate of Insurance evidencing all insurance coverages, limits, and requirements specified in this RFP and any resulting contract. No work shall begin until such evidence has been received and accepted by RCC. The Certificate shall identify Randolph Community College as the certificate holder and shall evidence the Additional Insured, primary and non-contributory, and waiver-of-subrogation requirements applicable to the coverage. Before commencement of services, the successful Vendor shall also provide the following documentation, as applicable:

· Additional Insured endorsements, including ongoing and completed operations where applicable;

· Primary and non-contributory endorsements or equivalent policy language;

· Waiver of subrogation endorsements or equivalent policy language;

· Evidence of affirmative assault and battery coverage;

· Evidence of firearms / weapons liability coverage, if applicable; and

· Security Guard / Professional Liability declarations and relevant coverage information, including the retroactive date for claims-made coverage.

Certificates and required endorsements shall be kept current throughout the contract term. The Vendor shall provide renewal or replacement evidence before expiration of any required policy. A Certificate of Insurance alone shall not confer Additional Insured status, modify or amend the underlying insurance policies, replace required endorsements, or alter the insurance obligations established by this RFP or resulting contract. RCC’s receipt or acceptance of insurance documentation shall not constitute a waiver of any insurance requirement or relieve the Vendor of any liability or contractual obligation.

8. Cancellation or Material Reduction in Coverage The Vendor shall provide RCC at least thirty (30) days’ prior written notice of any Vendor-initiated cancellation, non-renewal, material reduction, or material change in insurance coverage required under this RFP or resulting contract. The Vendor shall require its insurers to provide RCC with at least thirty (30) days’ prior written notice of cancellation or non-renewal when such notice is commercially available, except that ten (10) days’ prior written notice may apply to cancellation for nonpayment of premium.

If an insurer will not provide notice directly to RCC, or provides the Vendor with a shorter notice period, the Vendor shall notify RCC in writing within two (2) business days after receiving notice from the insurer. In all circumstances, the Vendor shall obtain replacement coverage meeting all requirements of this Section before the existing coverage terminates, is cancelled, or becomes materially deficient, so that no lapse or gap in required coverage occurs. Failure to maintain required insurance shall constitute grounds for suspension of services and may constitute a material breach of contract.

9. Deductibles and Self-Insured Retentions Any deductible or self-insured retention shall be the sole responsibility of the Vendor and shall not reduce the Vendor’s obligations to RCC. Any deductible or self-insured retention of $25,000 or more per occurrence, claim, or loss shall be disclosed in the Vendor’s proposal and shall be subject to RCC’s review and approval. RCC reserves the right to require evidence demonstrating the Vendor’s financial ability to satisfy any deductible or self-insured retention.

10. No Limitation of Liability The insurance requirements established by this RFP represent minimum requirements and shall not be construed to limit the Vendor’s liability, indemnification obligations, or other contractual obligations. The Vendor shall remain responsible for claims, damages, losses, liabilities, costs, or expenses arising from its operations regardless of whether such claims are covered by insurance or exceed the limits of available insurance. Nothing in this Section or any resulting contract shall be construed as a waiver of any sovereign, governmental, statutory, or other immunity, defense, or limitation available to RCC, its Board of Trustees, or the State of North Carolina under applicable law.

11. Coordination with RCC’s Hybrid Campus Safety Department The Vendor acknowledges that its personnel may perform services as part of RCC’s hybrid campus safety model and may work in coordination with RCC employees, campus safety personnel, private security personnel, municipal police officers, or other law-enforcement agencies.

Such coordination shall not create an employment, agency, joint-employer, partnership, or joint-venture relationship between RCC and the Vendor or between RCC and the Vendor’s employees.

The Vendor remains solely responsible for the acts and omissions of its personnel, including their supervision, training, licensing, conduct, use of force, and compliance with applicable laws, regulations, post orders, and contractual requirements. The Vendor’s insurance shall respond to covered claims arising from the acts or omissions of its personnel notwithstanding the fact that such personnel were coordinating or working alongside RCC personnel or law-enforcement officers at the time of an incident.