Without limiting or diminishing the CONTRACTOR’S obligation to indemnify or hold the COUNTY harmless, CONTRACTOR shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverages during the term of this Agreement. As respects to the insurance section only, the COUNTY herein refers to the County
of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board
of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insureds.
If the CONTRACTOR has employees as defined
by the State of California, the CONTRACTOR shall maintain
statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers’ Liability (Coverage
B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of The County of Riverside.
Commercial General Liability
including but not limited
to, premises liability, unmodified contractual liability, products and completed operations liability, personal
and advertising injury, and cross liability coverage, covering claims which
may arise from or out of CONTRACTOR’S performance of its obligations hereunder. Policy shall name the COUNTY as Additional Insured. Policy’s limit of liability shall not be less than $1,000,000
per occurrence combined single
limit. If such insurance contains
a general aggregate
limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit.
If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then CONTRACTOR shall maintain liability insurance for all owned, non-owned or hired vehicles
so used in an amount
not less than $1,000,000 per occurrence combined single
limit. If such insurance
contains a general aggregate
limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. Policy
shall name the COUNTY
as Additional Insureds.
Professional Liability (ONLY TO BE INCLUDED
IN CONTRACTS WITH SERVICE PROVIDERS INCLUDING BUT NOT LIMITED TO ENGINEERS, DOCTORS, AND LAWYERS)
Contractor shall maintain Professional Liability
coverage for the Contractor’s performance of work included within this Agreement, with a limit of liability of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate. If Contractor’s Professional Liability
Insurance is written on a claims made basis rather than an occurrence basis, such insurance shall continue through the term of this Agreement and CONTRACTOR shall
purchase at his sole expense either 1)
an Extended Reporting Endorsement
(also, known as Tail Coverage); or 2) Prior Dates Coverage
from new insurer with a retroactive date back to the date of, or prior to, the inception of this Agreement; or 3) demonstrate through Certificates of Insurance
that CONTRACTOR has Maintained continuous coverage with the same or original
insurer. Coverage provided under items; 1), 2), or 3) will continue as long as the law allows.
E. Insurance Requirements for IT Contractor Services:
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to person or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Contractor shall procure and maintain for the duration of the contract insurance claims arising out of their services and including, but not limited to loss, damage, theft or other misuse of data, infringement of intellectual property, invasion of privacy and breach of data.
Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this agreement and shall include, but not limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the County requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the County.
F. General Insurance Provisions - All lines:
1) Any insurance carrier providing
hereunder shall be admitted to the State of California and have an A M BEST rating of not less than A: VIII (A:8) unless
such requirements are waived,
in writing, by the County Risk Manager. If the County’s
Risk Manager waives
a requirement for a particular insurer
such waiver is only valid for that specific insurer
and only for one policy
2) The CONTRACTOR must declare its insurance self-insured retention for each coverage required
herein. If any such self-insured retention exceed
$500,000 per occurrence each such retention shall have the prior written consent of the County Risk Manager before
the commencement of operations under this Agreement. Upon notification of self-insured retention
unacceptable to the COUNTY, and at the election of the County’s Risk Manager, CONTRACTOR’S carriers shall either; 1) reduce or eliminate
such self-insured retention as respects
this Agreement with the COUNTY, or 2) procure
a bond which guarantees payment
of losses and related
investigations, claims administration, and defense costs and expenses.
shall cause CONTRACTOR’S insurance carrier(s) to furnish the County of
Riverside with either 1) a properly executed original Certificate(s) of
Insurance and certified original copies of Endorsements effecting coverage as
required herein, and 2) if requested to do so orally or in writing by the
County Risk Manager, provide original Certified copies of policies including
all Endorsements and all attachments thereto, showing such insurance is in full
force and effect. Further, said Certificate(s) and policies of insurance
shall contain the covenant of the insurance carrier(s) that a minimum of thirty
(30) days written notice shall be given to the County of Riverside prior to any
material modification, cancellation, expiration or reduction in coverage of
such insurance. If CONTRACTOR insurance carrier(s) policies does not meet the
minimum notice requirement found herein, CONTRACTOR shall cause CONTRACTOR’S
insurance carrier(s) to furnish a 30 day Notice of Cancellation Endorsement.
4) In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement
shall terminate forthwith, unless
the County of Riverside receives, prior to such effective
date, another properly
executed original Certificate of Insurance and original copies
of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein
and the insurance required herein is in full force and effect. CONTRACTOR shall not commence
operations until the COUNTY has been furnished original
Certificate (s) of Insurance and certified
of endorsements and if requested, certified original policies of insurance
including all endorsements and any and all other attachments as required in this Section.
An individual authorized by the insurance carrier
to do so on its behalf shall
sign the original endorsements for each policy and the Certificate of Insurance.
It is understood and agreed to by the parties hereto
that the CONTRACTOR’S insurance
shall be construed
as primary insurance, and the COUNTY'S insurance and/or deductibles and/or self-insured retention’s
or self-insured programs
shall not be construed as contributory.
If, during the term of this Agreement or any extension thereof, there is a material change
in the scope of services; or, there is a material change
in the equipment to be used in the performance of the scope of work;
or, the term of this Agreement, including
any extensions thereof, exceeds
five (5) years; the COUNTY reserves
the right to adjust the types of insurance and the monetary
limits of liability required under this Agreement, if in the County Risk Management's reasonable judgment, the amount or type of insurance carried
by the CONTRACTOR has become
CONTRACTOR shall pass down the insurance obligations contained herein to all tiers
of subcontractors working
under this Agreement.
in this Agreement may be met with a program(s) of self-insurance acceptable to the COUNTY.
CONTRACTOR agrees to notify COUNTY
of any claim by a third party
or any incident
or event that may give rise to a claim arising
from the performance of this Agreement.
Riverside County Risk Management Division
PO Box 1210
Riverside, CA 92502
Ph. (951) 955-3540/ Fx. (951) 955-5862