Template 8

Use Template 8 for:

Suppliers of products not installed by a vendor.

Examples: Food, Paper Goods, Clothing, Furniture, Stationery, Weapons, Uniforms, etc.

Insurance requirements should be saved and attached to the contract as an exhibit. To ensure the requirements are included as part of your contract, please include the following language within the insurance section of the agreement:

_______ is required to maintain the insurance specified in Exhibit _____, which is attached hereto and incorporated herein by this reference.

Edit the template to keep the language consistent with your agreement.

For example: if the template refers to: “Consultant”, but the agreement uses “Contractor”, change all references in the template to “Contractor”. If your agency is not the County (SCAPOSD, Water Agency, Fairgrounds, etc.) substitute the correct terminology for all references to “County”. If the agreement is called “contract”, “license”, “lease”, etc., edit the template to match.

Download Template 8
(Word: 23 kB)

With respect to performance of work under this Agreement, Vendor shall maintain and shall require all of its subcontractors, consultants and other agents to maintain insurance as described below unless such insurance has been expressly waived by the attachment of a Waiver of Insurance Requirements. Any requirement for Vendor to maintain insurance after completion of the work shall survive this Agreement.

County reserves the right to review any and all of the required insurance policies and/or endorsements, but has no obligation to do so. County’s failure to demand evidence of full compliance with the insurance requirements set forth in this Agreement or County’s failure to identify any insurance deficiency shall not relieve Vendor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement.

1. Workers Compensation and Employers Liability Insurance
   1. Required if Vendor has employees as defined by the Labor Code of the State of California.

      Under California’s Labor code, if the party with whom we are contracting is a privately held corporation whose only employees are its sole shareholders, workers compensation insurance is not required. Similarly, if the party with whom we are contracting is a partnership or limited liability company with no employees other than its general partners or managers, workers compensation insurance is not required. A waiver is not needed.

   2. Workers’ Compensation insurance with statutory limits as required by the Labor Code of the State of California.
   3. Employers Liability with minimum limits of $1,000,000 per Accident; $1,000,000 Disease per employee; $1,000,000 Disease per policy.
   4. Required Evidence of Coverage: Certificate of Insurance
   
   

   If Vendor currently has no employees, as defined by the Labor Code of the State of California, Vendor agrees to obtain the above-specified Workers’ Compensation and Employers’ Liability insurance should employees be engaged during the term of this Agreement or any extensions of the term.

   If the vendor has no employees, Workers Compensation insurance is not required. The vendor is obligated to obtain the insurance if employees are hired after the inception of the agreement. A Risk Management waiver is not needed if the vendor has no employees.

   To verify that the vendor has no employees, Risk Management recommends that you have the consultant sign the Workers Compensation Declaration (Word: 25 kB)

2. General Liability Insurance
   1. Commercial General Liability Insurance on a standard occurrence form, no less broad than Insurance Services Office (ISO) form CG 00 01.

      ISO (Insurance Services Office) publishes a standard CGL. Some insurers use that specific form; others use their own form with a different numbering system. Any CGL is acceptable as long as the coverage is as broad as the ISO form.

      An occurrence policy responds if the injury or damage takes place during the policy period. It doesn’t matter when the claim is filed.

      A claims-made policy responds if the claim (demand for money) is made during the policy period.

   2. Minimum Limits: $1,000,000 per Occurrence; $2,000,000 General Aggregate; $2,000,000 Products/Completed Operations Aggregate. The required limits may be satisfied by a combination of General Liability Insurance and either Commercial Excess or Commercial Umbrella Liability Insurance. If Vendor maintains higher limits than the specified minimum limits, County requires and shall be entitled to coverage for the higher limits maintained by Vendor.

   Occurrence limit: the most the insurer will pay for any one accident.

   General Aggregate: the most the company will pay for all claims during the policy period, regardless of the number of accidents, injuries, claims, except those stemming from their defective product, during the policy period, regardless of the number of accidents, injuries, claims or claimants. A policy with no general aggregate is acceptable because there’s no annual cap on the amount the policy will pay.

   Products/Completed Operations Aggregate: the most the insurer will pay for all claims resulting from damage or injuries arising from the vendor’s defective product, that occur after the work is completed, regardless of the number of accidents, injuries, claims or claimants.

   A Commercial Umbrella or Excess Liability policy provides additional limits which are usually shown on the Certificate of Insurance. The additional limits are added to the General Liability Limits. The combined total of the Excess or General Liability Limits and the Umbrella Limits must equal or exceed our minimum requirements.

   3. Any deductible or self-insured retention shall be shown on the Certificate of Insurance. If the deductible or self-insured retention exceeds $25,000 it must be approved in advance by County. Vendor is responsible for any deductible or self-insured retention and shall fund it upon County’s written request, regardless of whether Vendor has a claim against the insurance or is named as a party in any action involving the County.

      Contact Risk Management (Outlook: 139 kB) if the retention or deductible exceeds $25,000.

      We want to verify that the party with whom we are contracting has sufficient assets to fund a large retention or deductible. A waiver is not needed.

      There is no specific field on the Certificate of Insurance for a General Liability deductible or retention.

   4. Insurance shall be continued for one (1) year after delivery of product(s).

      Because injury or damage resulting from the vendor’s defective product will occur after County receives the product, we require the insurance to continue for one year after delivery of the product. Occurrence policies must be in force when the injury or damage happens, not when the product is manufactured or sold.

      You cannot receive evidence that coverage will be continued after the product is delivered because policies are issued for only one year. When reviewing the insurance prior to purchase, you can verify only that the insurance is currently in force.

   5. [insert exact name of additional insured] shall be endorsed as additional insureds for liability arising out its distribution of Vendor’s products (ISO endorsement CG 20 15 – Additional Insured/Vendors – or equivalent). Additional insured status shall continue for (1) year after delivery of product(s).

      This endorsement protects us if we distribute a vendor’s product to the public. If a defective product causes injury or damage, the County will be named in the suit and the vendor’s insurance will provide coverage for us.

      We must get a copy of the endorsement or section of the policy that makes us an additional insured. A statement on the Certificate of Insurance is not sufficient because an insurance company is bound by its policy and endorsements, not by the Certificate.

      Additional insured endorsements which do not include our name are acceptable if they have language granting additional insured status to parties for whom our vendor (or consultant, contractor, permittee, licensee, tenant, etc.) is required to provide additional insured status under a contract or agreement. Submit a HelpRequest (Outlook: 139 kB) if you’re not sure the endorsement is acceptable.

      Department Waiver: You may waive this requirement for products that the County does not distribute for use or consumption by others. Do not waive this requirement for food or pharmaceuticals.

   6. The insurance provided to the additional insureds shall be primary to, and non-contributory with any insurance or self-insurance program maintained by them.

      Because the County is an additional insured on the vendor’s policy, we want that policy to cover claims before any contribution from County’s CSAC protection or its self-insured retention.

      Some insurers refuse to add “ primary & non-contributory” language. In this situation, you may accept the insurance anyway. Why? Because California Government Code Section 990.8 states that a public agency’s self-insurance and/or participation in a risk sharing pool (CSAC) does not qualify as insurance. Legally, County has no insurance. The coverage provided to County as an additional insured on the vendor’s policy is the only insurance we have. By default it is primary and non-contributory. It is preferable to have the insurer provide the required language, but not mandatory.

      Marinas & Airport: Because County has commercial insurance for the Marinas & Airport, we do require evidence of primary and non-contributory coverage for all contracts relating to those facilities.

      We must get a copy of the endorsement or section of the policy that has the Primary & Non-Contributory language. A statement on the Certificate of Insurance is not sufficient because an insurance company is bound by its policy and endorsements, not by the Certificate.

      Use the alternate Evidence of Coverage language.

   7. The policy definition of “insured contract” shall include assumptions of liability arising out of both ongoing operations and the products-completed operations hazard (broad form contractual liability coverage including the “f” definition of insured contract in ISO form CG 00 01, or equivalent).

      This is included in standard General Liability policies and you do not need evidence of coverage.

   8. The policy shall cover inter-insured suits between the additional insured and Vendor and include a “separation of insureds” or “severability” clause which treats each insured separately.

      This guarantees that the County will be covered if it is sued by the vendor and that the vendor will be covered if it is sued by the County. This language is standard in the General Liability policy; you do not need to get a specific endorsement to satisfy this requirement.

   9. Required Evidence of Insurance:
      1. Copy of the additional insured endorsement or policy language granting additional insured status: and
      2. Certificate of Insurance
      
      

      (Substitute the following for i. if the work, event or location involves marinas or the airport. Do not leave both versions of i. in the agreement!)

   10. Required Evidence of Insurance:
       1. Copy of the additional insured endorsement or policy language granting additional insured status;
       2. Copy of the endorsement or policy language indicating that coverage is primary and non-contributory; and
       3. Certificate of Insurance
3. Automobile Liability Insurance

   Department Waiver: You may waive the requirement for auto insurance if the vendor’s goods are delivered by common carrier or contract carrier. Do not waive the requirement if the vendor delivers the goods.

   1. Minimum Limit: $1,000,000 combined single limit per accident. The required limit may be satisfied by a combination of Automobile Liability Insurance and either Commercial Excess or Commercial Umbrella Liability Insurance.
   A Commercial Umbrella or Excess Liability policy provides additional limits which are usually shown on the Certificate of Insurance. The additional limits are added to the Auto Liability Limits. The combined total of the Auto Liability Limits and the Excess or Umbrella Limits must equal or exceed our minimum requirements.
   2. Insurance shall cover all owned, hired and non-owned vehicles.

      Hired Autos: vehicles the vendor rents or borrows.

      Non-owned Autos: vehicles owned by the vendor’s employees and subcontractors.

      If “Any Auto” is checked on the Certificate of Insurance, it includes owned, hired and non-owned autos.

   3. Required Evidence of Insurance: Certificate of Insurance
4. Standards for Insurance Companies

   Insurers, other than the California State Compensation Insurance Fund, shall have an A.M. Best’s rating of at least A:VII.

   A.M. Best is one of the services that reviews insurers’ financial information. We want the insurer to be able to pay its claims. The letter (A+, A, A-, B+, etc.) is Best’s rating of financial strength. The number (XII, VII, etc.) refers to the insurer’s financial size. You can check the rating at: http://www.ambest.com/ - the service is free, but you need to register and log in.

   Department Waiver: You may waive the A.M. Best’s rating if an insurer’s rating is below A:VII.

5. Documentation
   1. The Certificate of Insurance must include the following reference: [insert contract number or other identifier].

      Putting the contract number or other identifier on the Certificate of Insurance does not increase County’s protection. This requirement is included for your convenience.

   2. Vendor shall submit all required Evidence of Insurance prior to the execution of this Agreement. Vendor agrees to maintain current Evidence of Insurance on file with County as specified in Sections 1-3 above.
   3. The name and address for Additional Insured endorsements and Certificates of Insurance is: [insert exact name and address].
   4. Vendor shall submit required Evidence of Insurance for any renewal or replacement of a policy that already exists, at least ten (10) days before expiration or other termination of the existing policy.
   5. Vendor shall provide immediate written notice if: (1) any of the required insurance policies are terminated; (2) the limits of any of the required policies are reduced; or (3) the deductible or self-insured retention is increased.
   6. Upon written request, Vendor shall provide certified copies of required insurance policies within thirty (30) days.

      Because it takes much time and substantial expertise to review an entire insurance policy, we don’t routinely request it. However, if we cannot determine the adequacy of coverage from the certificate and endorsements, this is an option.

6. Policy Obligations

   Vendor’s indemnity and other obligations shall not be limited by the foregoing insurance requirements.

7. Material Breach

   If Vendor fails to maintain insurance coverage which is required pursuant to this Agreement, such failure shall be deemed a material breach of this Agreement. County, at its sole option, may terminate this Agreement and obtain damages from Vendor resulting from said breach. Alternatively, County may purchase the required insurance coverage, and without further notice to Vendor, County may deduct from sums due to Vendor any premium costs advanced by County for such insurance. These remedies shall be in addition to any other remedies available to County.