Strickland_Range_Concression_Operations_Ins._Requirements.pdf

SOLICITATION #26-B-133JJ INSURANCE REQUIREMENTS

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1. Required Types of Insurance

Contractor 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, as 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 in favor of County

Florida Statutory Coverage E.L. Each Accident $ 1,000,000 E.L. Disease- Each Employee $ 1,000,000 E.L. Disease-Policy Limit $ 1,000,000

COMMERCIAL GENERAL LIABILITY

Occurrence Basis Contractual Liability ISO CG 00 01 form required or its equivalent.

Policy shall not exclude or sublimit Firearms/Range

Operations Liability.

County Additional Insured (Utilizing each of the following ISO coverage forms: ISO CG 20 10 (Premises & Operations), CG 20 24 (Owners or Other Interest From Whom Land Has Been Leased), CG 20 37 (Products & Completed Operations) or their manuscript equivalents.

Waiver of Subrogation in favor of County Primary & Non-Contributory with any insurance or self-insurance maintained by County.

Project Specific Limit ISO Form CG 21 01 or equivalent endorsement or exclusion prohibited.

Participant Liability coverage included Spectator Liability coverage included Self-Insurance Prohibited Policy Retentions Prohibited

Note: Occurrence limits are per occurrence. Occurrence limits shall not have a per claimant sub-limit.

EACH OCCURRENCE $ 2,000,000

GENERAL AGGREGATE $ 4,000,000

Premises-Operations $ 2,000,000

Products & Completed Ops $ 2,000,000

Personal & Adv Inj. $ 2,000,000

Fire Legal Liability $ 1,000,000

COMMERCIAL AUTO LIABILITY

Any Auto Contractor, its subcontractors & independent contractors shall name County as Additional Insured Waiver of Subrogation in favor of County Primary & Non-Contributory with any insurance or self-insurance maintained by County.

Combined Single Limit $ 1,000,000

Bodily Injury (Per person) $

Bodily Injury (Per accident) $

Property Damage (Per Accident) $

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Note: If contractor does not have “Coverage Symbol 1: Any Auto”, Contractor shall maintain Coverage Symbols 7, 8, & 9 (Scheduled, Hired, & Non-Owned Autos).

EXCESS LIABILITY

Follow Form Basis CGL Participant Legal Liability included Spectator Liability included Policy shall not exclude or sublimit Firearms/Range

Operations Liability.

County Additional Insured Waiver of Subrogation in favor of County Primary & Non-Contributory with any insurance or self-insurance maintained by County

$ 2,000,000 per Occurrence/Aggregate

Note: If County cannot be added as additional insured, then policy shall be endorsed to provide additional insured status if required on the primary policy.

CYBER INSURANCE

Third Party Privacy Breach for Payment Credit Card

Information

Only required if Contractor will accept credit cards for payment.

$ 500,000 per Incident/Aggregate

CRIME

Client Funds Coverage/3rd Party Coverage

Only required if Contractor will collect fees, revenues, money belonging to or held by contractor on behalf of County.

$ 500,000 per Loss

PROFESSIONAL LIABILITY

County Additional Insured Waiver of Subrogation in favor of County Primary & Non-Contributory with any insurance or self-insurance maintained by County

Only required if/when Contractor will provide instruction or certification programs.

$ 1,000,000 Occurrence/Aggregate

PROPERTY INSURANCE

All-Risk

Coverage required for:

Leasehold Improvements

Business Personal Property

Business Inventory

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: ____________________________

Risk Management Division

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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 insurance policy or coverage line or reduce the aggregate limit of any other insurance coverage form or policy required in this exhibit.

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

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

E. 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 Contractor’s insurance policies shall be that listed in Figure 1 or the Contractor’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 or maintained by the County or with any other insurance available to the County and provide a waiver of subrogation in favor of County.

F. 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.

G. Workers’ Compensation. Workers’ Compensation insurance is required for all employees of the Contractor, 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 required in Figure 1. Policy shall be endorsed to provide a waiver of subrogation in favor of the County. If Contractor is using a “leased employee” or an employee obtained through a Professional Employer Organization (“PEO”), Contractor 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 to provide a waiver of subrogation in favor of the County, its employees, and insurers.

i. Contractor, its General Contractors, 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

Strickland Range Concression Operations Ins. Requirements Page 4 of 7 provide proof of their own Workers’ Compensation coverage, without exclusion of any class of employee. If the Contractor's subcontractors or general contractors fail to obtain Workers’ Compensation insurance and a claim is made against the County by the uncovered employee of the general contractor or Subcontractor of the Contractor, the Contractor shall indemnify, defend, and hold harmless the County from all claims and for all costs including attorney’s fees and costs arising under the employee(s) Workers’ Compensation insurance claim(s).

H. Commercial General Liability Insurance. Contractor shall obtain and maintain

Commercial General Liability insurance, with limits of not less than the amounts shown in Figure 1. Policy shall be written on an Occurrence basis form. Per occurrence limits shall not have a per claimant sub-limit. Claims made policies are prohibited. Self-insurance and policies with retentions are prohibited. Policy shall have no exclusions for participants and spectators. Policy shall not be endorsed with ISO Form CG 21 01 (Exclusion-Athletic or Sports Participants) or an equivalent manuscript form excluding bodily injury, mental anguish, shock, disease, disability, including resulting death, sustained by any person while practicing for or participating in any activity arising from firearm activities. Policy shall not have an exclusion or sub-limit for Firearms and Range Operations liability.

County shall be named as an addition insured to the policy by each of the following ISO forms, 1.) CG 20 10 (Premises & Operations), 2.) CG 20 37 ( Products & Completed Operations, and 3.) CG 20 24 (Owners or Other Interest From Whom Land has been Leased).

Contractor shall not obtain an insurance policy wherein the policy limits are reduced by defense and claim expenses. Policy shall include coverage for the Contractor’s operations, independent contractors, and subcontractors protecting itself, its employees, agents, Contractor or subsidiaries, and their employees or agents for claims for damages caused by bodily injury, property damage, personal or advertising injury, and products liability/completed operations including what is commonly known as Coverages A and B. The commercial general liability policy shall provide coverage to County as an additional insured 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.

Policy shall be endorsed to be primary to and non-contributory with any insurance or self-insurance maintained by County and provide a waiver of subrogation in favor of County.

I. Commercial Auto Liability. Contractor shall secure and maintain during the term of the Agreement a commercial 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 in the alternative Coverage Symbols 7, 8, & 9 (Scheduled, Hired, & Non-Owned vehicles). If Contractor does not own or lease any vehicles, Contractor shall maintain Coverage Symbols 8 & 9 (Hired and Non-Owned vehicles).

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If Commercial Auto Liability is by endorsement to another policy required in Figure 1, then the limits for Motor Vehicle Liability shall be separate from (they shall not be shared) and in addition to the underlying policy limits and Policy Limits shall apply on a per occurrence basis and shall not have an aggregate limit.

Policy shall be endorsed naming County shall be an additional insured by either a blanket endorsement or endorsement specifically naming County under the policy.

Policy shall be endorsed to be primary to and not contributory with any insurance or self-insurance maintained by County. Policy shall be endorsed with a waiver of subrogation in favor of County.

J. Excess/Umbrella Liability. Umbrella or Excess Liability policies may be used to obtain the total limits of liability required in Figure 1. These policies shall be written on a follow-form basis subject to the same terms, definitions, exclusions and conditions as the primary policies. Umbrella policies unable to obtain a follow form basis will be accepted if the coverage provided under the policy expands the coverage and does not create coverage gaps between the primary policy and the umbrella policy. These policies shall contain a dropdown coverage provision as well as a duty to defend. Evidence of such coverage should clearly demonstrate the underlying coverages/policies that are included.

The Contractor shall obtain an excess liability policy in addition to the scheduled underlying policies (excess over the primary commercial general liability policy) with a limit of no less than the amount shown in Figure 1. This policy shall name the County as an additional insured. If the County cannot be added as an additional insured, then policy shall be endorsed to provide additional insured status if required on the primary policy. Policy shall be endorsed to provide a waiver of subrogation in favor of the County and to be primary and non-contributory with any insurance or self-insurance maintained by County.

K. Cyber Insurance. If Contractor accepts credit card payments, contractor shall purchase a Cyber Insurance policy with Third Party Privacy Breach coverage for Payment Card Industry (PCI) liability, Card Brand Assessments, and privacy liability with the limits required in Figure 1.

L. Crime. If Contractor will collect fees, revenues, or money belonging to or held by Contractor on behalf of County, Contractor shall obtain and maintain a Crime policy with Client Funds Coverage and Third-Party Coverage with the limits required in Figure 1. The policy shall be for both crime and dishonesty exposures.

M. Professional Liability. If Contractor will provide firearm instruction or certification programs, contractor shall obtain and maintain a professional liability policy covering third party bodily injury and property damage during training. Policy shall include coverage for negligent training, bad advice and missed instructional details. Policy shall be written on an occurrence basis with the limits required in Figure 1.

Policy shall be endorsed naming County shall be an additional insured by either a blanket endorsement or endorsement specifically naming County under the policy.

Policy shall be endorsed to be primary to and not contributory with any insurance or self-insurance maintained by County. Policy shall be endorsed with a waiver of subrogation in favor of County.

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N. Property Insurance. Contractor shall obtain and maintain an All-Risk Property insurance policy covering the value of its Leasehold Improvements, Buiness Peronal Property, and Business Inventory. Policy shall be endorsed to provide County 10 days advance notice of cancellation or change in coverage. Policy shall be endorsed to provide a waiver of subrogation in favor of County.

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

2. Insurance Requirements

A. General Insurance Requirements:

i. Unless authorized in writing by the County, 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 Contractor from its responsibility to maintain the insurance coverage required herein for the performance of work or services by the Contractor 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. Annual Right of Review of Insurance Requirements. County reserves the right to review annually the required insurance policies, coverage forms, endorsements, types of coverage, limits, terms, and conditions of insurance required in this Agreement and revise the same as deemed reasonably necessary by County by providing not less than thirty (30) days written notice to Contractor.

iv. Waiver of Subrogation. Contractor 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.

Contractor shall require similar waivers from all its General Contractors, and Subcontractors. Contractor’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).

v. County Not Liable for Paying Deductibles. For all insurance required by

Contractor, the County shall not be responsible or liable for paying deductibles for any claim arising out of or related to the Contractor’s business or any Subcontractor or General Contractor performing work or services on behalf of the Contractor or for the Contractor’s benefit under the Agreement.

vi. Cancellation Notices. During the term of the Agreement, Contractor 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

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vi. Contractor’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 Contractor 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 Contractor shall furnish proof of insurance acceptable to the County prior to or at the time of execution of the Agreement and the Contractor shall not commence work or provide any service until the Contractor 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 Contractor 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 Contractor has obtained insurance of the type, amount and classification required by this Section. No work or services by Contractor or its Subcontractors shall be commenced until County has approved these policies or certificates of insurance. Further, the Contractor 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 or copies of any insurance policies required hereunder are not provided to the County upon request.

D. The Contractor 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.

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