The following list of responsibilities covers only those issues addressed in this insurance/indemnification manual. Each of the parties listed below also has other responsibilities for the development and management of County contracts, which are delineated in State law, County policies and procedures and County department guidelines.
Originating Department
RFP preparer, contract originator, administrative contract, PO/LPO preparer for trade-related services
- Determine kind of contract County will be entering into and assess potential risks.
- Select and incorporate necessary insurance requirements, indemnification clause, and other boilerplate language in bid, RFP, quote, PO/LPO and/or contract; conduct same analysis and implement requirements for direct pay vouchers used in lieu of contracts.
- Contact appropriate buyer in Purchasing if there are questions about any requirements.
Contract manager for the department
- Prior to allowing work to begin under a contract (or a purchase order or direct pay voucher substituting for a contract), request and receive copies of all required insurance and/or certifications of exemption from insurance requirements. Review for compliance with terms of the contract.
- Diary calendar for review of insurance 30 days prior to insurance expiration date or notify Contract Administration that they should follow up.
- Forward certificates of insurance promptly to Contract Administration Section; be sure to note the contract number to which the insurance pertains.
- Require certificates of insurance renewal 30 days prior to expiration date if Department has retained this responsibility.
- Notify your assigned attorney in County Counsel's Office if new certificates of insurance are not received from the contractor ten days prior to the certificate expiration date.
- Report promptly to Risk Management any claims associated with the contract.
Contract Administration Section staff
- Respond promptly to questions from contract negotiators and contract managers about insurance and indemnification requirements; if needed, contact Purchasing, Risk Management and/or County Counsel for clarification of requirements.
- Review contracts for adherence to County requirements and the following:
a. Contract Approval Form (CAF): Dates are accurate, description clear, manager/designee signature, appropriate signature blocks are on contract, and appropriate class/type is indicated.
b. Contract Selection Statement (Class 1 contracts only): Form is attached, three vendor contacts are listed and justification is supplied.
c. Contract: Ensure that dates, services and dollar amounts match Contract Approval Form (CAF), signature page is accurate, number of copies is correct (three).
- Ensure that current certificate(s) of insurance are attached.
- Review certificates of insurance for adherence to County requirements.
- Notify, by e-mail, the contract administrative contacts regarding the expiration of insurance certification for their contracts.
- Assist in maintaining and updating insurance/indemnification manual.
- Assist in training sessions for frequent users of insurance/indemnification manual.
Purchasing Section staff
- Review RFPs and bids for compliance with County requirements, including the insurance/indemnification manual.
- Review contracts for adherence to County requirements and the following:
a. Contract Approval Form (CAF) and all contracts except construction bids: Review to be sure that they reflect provisions of RFP/bid documents and/or exemptions.
b. Construction bids (the bid itself becomes the contract): Purchasing reviews twice. The second review is to assure the performance bond is in place and signed, insurance certificates (liability and workers' compensation) are included, liability coverage is for correct amount, County is named as additional insured when appropriate, 30-day notification of insurance cancellation clause is included and signatures are correct.
County Counsel's Office
- Review contracts for names, description of obligations, compensation provisions, indemnification and insurance language (NOTE: County Counsel does not review for the amount of insurance or type of insurance coverage), contract integrity, signatures; the purpose of this review is to be sure that the contract is legally enforceable and properly protects the County's interests.
- Inform Contract Administration, Purchasing and Risk Management staff of any changes in State or Federal law or County ordinance that requires changes in County procedure or practice.
- Respond to questions from Purchasing, Contract Administration, Risk Management and other RFP/bid/contract preparers regarding indemnification or other contract enforcement provisions.
- Participate in training County staff on and revising the Contract Insurance and Indemnification Manual.
Risk Management/Property & Liability Program
- Review and update the Contract Insurance and Indemnification Manual as needed, in conjunction with County Counsel's Office and the Purchasing and Contract Administration Sections; participate in training County staff on the manual.
- Research and respond to questions from Purchasing, Contract Administration, County Counsel and other RFP/bid/contract preparers regarding specialized insurance needs or problems.