design lease contracting for services it/security medical iga special events providing services
TRANSCRIPT
Contract OverviewTypes of Contracts
Indemnification AgreementsCoverage ConsiderationsCertificates of Insurance
EndorsementsThings to Watch For
Types of Contracts
DesignLeaseContracting for ServicesIT/SecurityMedicalIGASpecial EventsProviding Services
Types of Contracts
Regardless of the type of contract you will need to consider:
The indemnification requirements The coverage The certificate of insurance The endorsement
Indemnification
Basic Types of Indemnification
Broad Form Intermediate Form Limited Form
Indemnification
Broad FormTo the fullest extent permitted by law, Contractor agrees to indemnify, defend, and hold harmless Owner from any and
all claims including claims alleged to have arisen from the sole negligence of
Owner or its officers, employees, agents, or any other for which Owner may be
liable.
Indemnification
Intermediate Form
Similar to the Broad form except the contractor’s obligation shall not extend to
the sole negligence of Owner or its officers, employees, agents, or any other
for which Owner may be liable.
Indemnification
Limited Form (Vicarious Liability)
Contractor’s obligation shall not extend to the negligence of Owner
or its officers, employees, agents, or any other for which Owner may be
liable.
Indemnification
Contractual LiabilityThat part of any other contract or
agreement pertaining to your business under which you assume the tort liability
of another to pay for “bodily injury” or “property damage” to a third party or
organization.
Indemnification
Contractual Liability Examples Lease of Premises Sidetrack Agreement (railroads) Easement of license agreement Obligation required by muni ordinance Elevator maintenance agreement Member activities (with restrictions)
Indemnification
Sample LanguageI/We__, its officers, employees and members shall through the signing of this Agreement by an authorized party or agent, indemnify, hold harmless and defend the City of __and its agents and employees from all suits and actions, including reasonable attorneys' fees and all costs of litigation and judgment of every name and description against the City as a result of loss, damage or injury to person or property by reason of any action or omission by __, its agents or employees, for the following activities:
Indemnification
Other Considerations
Subrogation waiver Primary insurance
Coverage Considerations
BEWARE!
Regardless of your contract or indemnification agreement, the carrier
will only respond to what the policy covers
Coverage Considerations
Who is Covered
Named Insured Employees Volunteers
Coverage Considerations
Who is not Covered Vendors Tenants Contractors Sub-Contractors Participants
Coverage Considerations
What is Covered
General Liability Professional Liability (E&0) Products & Completed Operations Auto Liability Worker’s Compensation
Coverage Considerations
Watch for potential exclusions
Alcohol Aircraft Bouncy houses Rodeos Skateboard Parks Fireworks
Coverage Considerations
Can you get coverage?
Purchased through your carrier? Obtained from a broker?
Coverage Considerations
Planning a Special Event
Make sure the entire event is covered
Watch for parts of the event that might not be covered i.e. serving alcohol
Coverage Considerations
Planning the Special Event
Identify vendors/exposures
Sign contract with vendors
Require indemnification from vendors
Require insurance/additional insured
CERTIFICATES OF INSURANCE
Certificates of Insurance
When to get a COI Using independent contractors Using vendors Participants in rec programs Use of municipal facilities
Certificates of Insurance
What is a certificate of insurance?
Proof that insurance coverage is in effect for a specified period
A certificate of insurance DOES NOT provide ANY coverage to the municipality
Certificates of Insurance
Must request additional insured status
Written contract may be required
Endorsement from carrier is now required
Certificates of Insurance
What To Look for on a Certificate
Who is named Insured Are you listed as the “certificate
holder” Notice of cancellation Expiration dates Coverage – GL, WC, Auto Limits (any aggregate) Restrictions, if any Endorsements
Certificates of Insurance
What To Look for on a Certificate
Is the Named Insured the correct party?
Who is the insurance carrier? How is the insurance carrier rated? Are the correct lines of coverage
included? Are the policy limits sufficient? Is there an aggregate? Did you get the endorsement?
Endorsements
What is an endorsement?
The method of making a change to an insurance policy
Must be issued by the carrier not the agent
Endorsements
What is an endorsement?
The method of making a change to an insurance policy
Must be issued by the carrier not the agent
Endorsements
There are many different endorsements
ISO Forms Manuscript forms Specific forms General forms
Things to Watch Out For
Actual issues we have seen
Agent claims they don’t know what an endorsement is
Claims that a request for a COI/endorsement has never been made
beforeEndorsements that don’t reference a policy
Specific type of endorsements that are blank
