Vendor Contract & Insurance Requirements
When the University contracts with an external agency or individual–such as a vendor, facility user, or other party that does not fall under the University’s self-insured liability program–there is an inherent liability risk. For this reason, the standard insurance limits and conditions below must be met by contractors. If the agreement brings a high amount of risk to the University, additional procedures must be followed (see Procedures for High Risk Services below).
Standard Insurance Limits
These are the minimum insurance limits required for all contractors that are not high risk.| Coverage Type | Minimum Limit |
|---|---|
| Workers' Compensation | Statutory Limits |
| Commercial General Liability Each Occurrence | $1,000,000 |
| Gen. Aggr. Incl. Prdts/CO | $2,000,000 |
| Automobile Liability Combined Single Limit | $1,000,000 |
| Additional Insured Provision: The contractor shall add the “Board of Regents of the University of Wisconsin System, its officers, employees, and agents” as an additional insured under the commercial general liability policy. |
|
| In addition to this coverage, the contract must contain all of the clauses listed under Standard Terms and Conditions below. | |
Standard Terms and Conditions
The contractor agrees to indemnify, defend and hold harmless the Board of Regents of the University of Wisconsin System acting on behalf of the University of Wisconsin Oshkosh (hereinafter referred to as “University”), its officers, employees and agents from and against any and all claims, losses, liability, costs or expenses (hereinafter collectively referred to as “claims”) occurring in connection with or in any way incidental to or arising out of the occupancy, use, service, operations or performance of work in connection with this contract, but only to the extent that such claims are caused by or result from the negligence, misconduct or other fault of the contractor, its agents, employees, subcontractors or contractors.
The hold harmless, indemnity and insurance provisions of the contract shall survive the termination of the contract and shall remain operative until the time that all potential claims or potential civil actions by the parties or by third parties shall expire under existing law.
If any policies are written on a claims-made basis, the contractor shall not discontinue or change liability insurance policies in effect during any part of this contract without buying an extended reporting period to cover potential claims that may have occurred during the term of this agreement.
The contractor shall notify the University immediately upon the commencement of any litigation against the contractor where there is any possibility that the University may be made a party thereto.
In the event that the contractor fails to maintain and keep in force the minimum insurance required, the University shall have the right to cancel and terminate the contract without notice.
The insurance company providing coverage to the contractor must have an AM Best Rating of A-, and be licensed to do business in the State of Wisconsin.
Contractor shall give sixty (60) day advance written notice of non-renewal, cancellation, or expiration of insurance during the term of any contract with the University. In the event of non-renewal, cancellation, or expiration, the contractor shall provide the University evidence of the new source(s) of required insurance within twenty-one (21) calendar days after the University’s receipt of the sixty (60) day notice. Failure to maintain the required insurance in force may be cause for contract termination.
High-Risk Services
The Standard Limits are the minimum acceptable for any vendor, but there are specific requirements for vendors of high risk services (refer to refer to PRO-D-34) that supersede the Standard Limits.
Criteria of High Risk Services:
- Service presents a severe risk of injury or death to students, faculty, staff, and visitors.
- Service presents a severe risk of extensive property damage to institutionally or privately owned property.
- Service has a history of negligently causing injury or damage to property.
- Likelihood is great the service provider will have difficulty procuring and maintaining insurance because of the hazards of the work.
The following services have been deemed high-risk by the University of Wisconsin System:
- Air Charter
- Ambulance Service
- Asbestos Abatement Contractors
- Building Remodeling and Construction
- Custodial Services
- Daycare
- Elevator Maintenance
- Food Service
- High Risk Entertainment/Speakers
- Medical Services
- Recreational Services
- Refuse Transportation and Disposal
- Security
- Tower Inspection and Maintenance Services
- Transportation Services
- Other services as determined on a case-by-case basis by the UW Oshkosh Risk & Safety Department
Certificate of Insurance Requirement
If the service to be provided by a contractor is high risk, a Certificate of Insurance must be provided with the contract. Check with the UW Oshkosh Risk and Safety Office to determine if any additional insurance is required above the standard limits.
The following terms and conditions must be present on the Certificate of Insurance and adhered to:
On the Certificate of Insurance, the contractor’s agent shall add the, “Board of Regents of the University of Wisconsin System, its officers, employees, and agents” as an additional insured under the commercial general and excess/umbrella liability policies. The certificate holder shall be listed as the University of Wisconsin Oshkosh, with its mailing address of 800 Algoma Boulevard, Oshkosh, WI 54901.
If a certificate of insurance is not received prior to issuance of the purchase order or is incomplete, notice should be given to the vendor indicating the certificate must be received by the contract administrator via certified mail within 15 days, or the contract will be canceled.
Receipt of one certificate from the vendor is all that is necessary for that one year, if the institution has multiple contracts with the vendor. However, the vendor must send a renewal each year or cancellation should take place.