Insurance Requirements

Attachment A

INSURANCE.  Throughout the period of use, User shall obtain and maintain, at its sole cost and expense, insurance policies providing the following coverages:

Commercial General Liability insurance covering bodily injury, property damage and personal and advertising injury, including broad form contractual liability coverage, utilizing an occurrence policy form which shall be as broad as coverage provided by Insurance Offices (ISO) Form CG 00 01, with the following limits:

  1. $1,000,000                  Each Occurrence

  2. $2,000,000                  General Aggregate

  3. $2,000,000                  Products-Completed Operations

  4. $50,000                       Fire Damage Limit

  5. $5,000             Medical Payments

 

 

  1. Workers’ Compensation insurance with statutory limits and Employer’s Liability insurance with limits of not less than $1,000,000 per accident or disease. The Workers’ Compensation policy shall be endorsed to include a waiver of subrogation in favor of the County and West Central Community Development Group. If User/Lessee has no employees or less than three (3) employees, User/Lessee shall submit written verification to the West Central Community Development Group that it is exempt from New Mexico’s Workers’ Compensation laws because it has less than three (3) employees.

 

  1. Sexual Abuse & Molestation insurance ((applicable when minors are present as part of User’s/Lessee’s use and occupation of the premises) with limits of not less than $1,000,000 per occurrence or claim, and $3,000,000 in the aggregate. Said policy shall be endorsed to include the County, its officials, officers, employees and agents and West Central Community Development Group as additional insureds.

 

  1. Liquor Liability insurance. User’s/Lessee’s and/or other persons or entities serving, providing, and/or selling alcoholic beverages shall maintain liquor liability insurance with limits not less than $2,000,000 per occurrence for bodily injury and property damage. The County, its officials, officers, employees, and agents and West Central Community Development Group shall be included as additional insureds, and the coverage afforded shall be primary with respect to the operations covered.

 

  1. User/Lessee’s Property. User/Lessee shall maintain insurance on all of User’s/Lessee’s personal and business property and/or equipment at full replacement value. County is not responsible for loss or damage to User’s/Lessee’s personal and/or business property.

 

  1. The Commercial General Liability insurance policy shall be endorsed to name the County, its officials, officers, employees, and agents and West Central Community Development Group as additional insured for all liability arising out of User’s/Lessee’s use, occupancy and operations by or on behalf of the User/Lessee under this Agreement.

  2. The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverage afforded shall apply as though separate policies had been issued to each insured, but the inclusion of more than one insured shall not operate to increase the limits of said policy.

 

  1. The insurance required by User/Lessee herein shall be primary coverage and any insurance or self-insurance carried by the County or West Central Community Development Group shall be excess only and shall not be required to contribute with it.

 

Claims-Made coverage. If any coverage (other than Commercial General Liability which shall be on an occurrence based form) is maintained on a claims-made basis, the following shall apply:

 

(1). The retroactive date must be shown, and must be before the date of the Agreement or the beginning of the services contemplated by the Agreement.

(2). Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion or termination of the Agreement.

(3). If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement, User/Lessee must purchase an extended reporting period for a minimum of three (3) years after completion of the contract services.

 

               Contractors/Subcontractors Insurance.

If User intends to employ the services of independent contractors and/or subcontractors, User shall cause each Contractor/Subcontractor of every tier to maintain applicable insurance coverage that complies with the minimum limits sets forth herein. It is User’s responsibility to ensure that its contractors procure adequate insurance to protect User, West Central Community Development Group and the County of Bernalillo from any and all claims and liabilities arising out of services performed on its behalf. User shall ensure that all Contractors/Subcontractors add West Central Community Development Group and the County as additional insureds to all liability policies. Upon request by West Central Community Development Group, User shall provide West Central Community Development Group with evidence of such insurance, including all applicable endorsements required herein.

 

Verification of Coverage.  User shall furnish the West Central Community Development Group with Certificates of Insurance and applicable endorsements effecting coverage required by this Agreement on forms satisfactory to the West Central Community Development Group. The Certificates of Insurance shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received by West Central Community Development Group before User uses or occupies the Site. Acceptance of User’s Certificates of Insurance does not relieve User of the insurance requirements, nor decrease the liability of User under this Agreement. It is User’s responsibility to ensure its compliance with these insurance requirements. Any actual or alleged failure on the part of the West Central Community Development Group to obtain proof of insurance required under this Agreement shall not in any way be construed to be a waiver of any right or remedy of West Central Community Development Group, in this or any regard.

 

 Primary and Noncontributory. The insurance required to be maintained by User shall primary with respect to any and all claims, liabilities, and/or losses arising out of, or related to, User’s use and occupancy of the Site and any insurance or self-insurance maintained by West Central Community Development Group or the County of Bernalillo shall be excess only, and not be required to contribute with it.

 

Umbrella or Excess Insurance. Any Umbrella or Excess insurance shall also apply on a primary and noncontributory basis for the benefit of WCCDG and the County, before the West Central Community Development Group’s or the County’s own primary insurance or self-insurance shall be called upon to protect it as a Named Insured.

 

Cancellation of Insurance. The User shall immediately notify West Central Community Development Group, in writing, in the event the insurance is cancelled and shall cease all use of the Site/Area until the User has provided proof that it has obtained replacement insurance in the amount required hereinabove.

  1. The following documentation shall be submitted to West Central Community Development Group prior to User’s/Lessee’s use of the Premises:

    (a). Properly executed Certificates of Insurance clearly evidencing all coverage and limits, as well as endorsements required above.
    (b). User's/Lessee’s indemnity and other obligations shall not be limited by the foregoing insurance requirements.