Template 5

Use Template 5 for:
All service agreements, including general services, professional services, consulting services, and technology services provided by individuals or organizations (corporations, LLCs, partnerships, sole proprietors, and other entities).

Examples of services covered under this template include:

• General Services: program facilitators, trainers, interpreters, event planners, mediators, outreach services, community education, and similar non-professional services.
• Professional Services: consultants, advisors, evaluators, analysts, accountants, attorneys, architects, engineers, surveyors, counselors, behavioral health professionals, biological consultants, and other services requiring professional judgment or expertise.
• Technology Services: IT support providers, software or SaaS vendors, web/app developers, system integrators, data analysts, cybersecurity firms, and other vendors providing or supporting technology platforms, systems, or data-related services.
• Other Service Providers: firms or individuals performing analytical, design, advisory, technical, instructional, or administrative services.

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 5
(Word: 36 kB)

Note: The template contains bracketed text. All bracketed instructions within the template are for drafting guidance only. Please review, complete, and delete bracketed text before finalizing the agreement for review and signature.

Consultants must maintain the insurance coverage required in this Agreement. These requirements cannot be waived unless Risk Management issues a formal Waiver of Insurance Requirements.

The County may review policies and endorsements but has no obligation to do so. Failure by the County to demand or identify deficiencies does not relieve the Consultant of its duty to maintain coverage.

General Rules

• Named Insured: Insurance must be issued in the full legal name of the Consultant/Vendor (not just a “dba”).
• Additional Insured: Use the appropriate legal name as listed on the County’s Legal Names on Endorsements page.
• Primary & Non-Contributory: Coverage must apply on a primary basis and not contribute with County insurance or self-insurance.
• Financial Strength: Insurers must have an A.M. Best rating of at least A:VII.
• Evidence of Insurance: Consultants must provide Certificates of Insurance and required endorsements before services begin, and maintain current coverage throughout the Agreement.

Workers’ Compensation and Employers Liability

• Required if the Consultant has employees under California Labor Code.
• Employers’ Liability Limits: $1,000,000 per Accident / $1,000,000 Disease per employee / $1,000,000 Disease per policy.
• If no employees exist, coverage is not required, but must be obtained if employees are later hired.
• Consultants with no employees must complete a Workers’ Compensation Declaration.
• Required Evidence: Certificate of Insurance. 

General Liability

• Commercial General Liability Insurance (ISO CG 00 01 or equivalent), including premises/operations, products/completed operations, contractual liability, and personal/advertising injury.
• Minimum Limits: $1,000,000 per Occurrence / $2,000,000 General Aggregate / $2,000,000 Products & Completed Operations Aggregate. Excess/Umbrella may be used to meet limits.
• The contracting entity must be covered as an Additional Insured, either by a specific endorsement or by policy language providing automatic Additional Insured status to any person or organization required by written contract.
  • Use the appropriate legal name from the County’s Legal Names on Endorsements
• Coverage shall be primary and non-contributory.
• Required Evidence:
  • Certificate of Insurance
• For agreements involving marinas or the airport
  • Copy of the additional insured endorsement or policy language granting additional insured status;
  • Copy of the endorsement or policy language indicating that insurance is primary and non-contributory; and
  • Certificate of Insurance.

Sexual Abuse or Molestation (SAM) Liability

(Required if scope of work involves direct or incidental contact with minors, dependent adults, or other vulnerable populations)

• Maintain affirmative SAM coverage under General Liability policy or separate SAM policy with minimum limit $1,000,000 per occurrence or claim.
• The contracting entity must be covered as an Additional Insured, either by a specific endorsement or by policy language providing automatic Additional Insured status to any person or organization required by written contract.
  • Use the appropriate legal name from the County’s Legal Names on Endorsements
• Required Evidence: Certificate of Insurance showing either:
  • Affirmative SAM coverage under GL policy, or
  • Separate SAM policy meeting requirements.

Automobile Liability

• Minimum Limit: $1,000,000 Combined Single Limit per accident.
  • If vehicle use is incidental and not part of the scope of work, the limit may be reduced to $300,000 Combined Single Limit, as noted in the template.
• Must cover owned, hired, and non-owned autos.
• Required Evidence: Certificate of Insurance, or Copy of Auto Policy Declarations Page

Professional Liability / Errors and Omissions

(Required if the Consultant is performing professional or expert services such as evaluation, analysis, design, consultation, advisory work, or other services that rely on specialized knowledge or professional judgment where mistakes or failures in performance could create financial loss.)

• Minimum Limit: $1,000,000 per Claim / per Occurrence.
• Coverage must apply to liability arising from the Consultant’s professional acts, errors, or omissions.
• If Claims-Made, retroactive date no later than work commencement; coverage must continue for two (2) years after completion via renewal, ERP, or replacement policy.
• Required Evidence: Certificate of Insurance specifying limits and retroactive date. 

Cyber Liability

(Required if Consultant handles PII, PHI, PCI or County data.)

• Minimum Limit: $2,000,000 per Claim and Aggregate ($1,000,000 if sole proprietor).
• Must include Network Security & Privacy Liability, Media Liability, Regulatory Response Costs, and Breach Expenses.
• If Claims-Made, retroactive date no later than work commencement; coverage must continue for two years post-completion.
• Required Evidence: Certificate of Insurance specifying limits and retroactive date. 

Technology Errors and Omissions

(Required if Consultantor is providing a technology service such as database administration, software development, SaaS/cloud services, hosting, IT support, system design or integration, cybersecurity, or any technology service where errors could cause financial loss.)

• Minimum Limit: $2,000,000 per Claim and Aggregate.
• Must include data breach, system failure, social engineering, IP infringement, and damage to County electronic data.
• If Claims-Made, retroactive date no later than work commencement; coverage must continue for two years post-completion.
• Required Evidence: Certificate of Insurance specifying limits and retroactive date. 

Standards for Insurance Companies

• Insurers (other than CA State Fund) must have an A.M. Best’s rating of at least A:VII.

Documentation

• The Certificate of Insurance must reference the contract number or project name.
• Additional Insured/Certificate Holder name/address block: Use the appropriate legal name from the County’s Legal Names on Endorsements page and include the department/contact and delivery address as applicable to ensure proper routing.