Precollege & Youth Programs Third Party Vendor Minimal Compliance Requirements
Precollege camps provide an essential service to the participants and the University. The industry best practice provided by the Praesidium recommends policies to define the bandwidth of acceptable behavior —what’s permitted and what’s not—and inform and empower employees and volunteers to take action before an incident occurs. In many publicly known incidents, someone saw something that looked suspicious or didn’t seem quite right, but failed to act. They didn’t want to accuse a co-worker or volunteer of molesting a child or vulnerable adult, and they didn’t know what else to do. Sound policies provide the foundation for a safe environment. This effort supports UW-Madison’s desire to protect members of our community.
The University of Wisconsin-Madison has created a draft policy for third party providers of youth programs at the University. This policy will go into effect in the fiscal year 2020 (July 1st 2019) and will enhance our processes to ensure that the attendees of these programs have a safe, supportive learning environment while on the campus working with the third party providers. In the interim, the University has developed a set of minimal compliance requirements for all third party programs that use University facilities, resources, and housing. The requirements are outlined below and compliance must be demonstrated three months prior to the start of programs.
Third Party Programming Terms & Conditions
- The camp must comply with applicable laws and policies that govern UW-Madison, including federal and state laws and regulations.
- Camp must provide evidence of insurance coverage that meets or exceeds UW-Madison requirements as specified through the Office of Precollege / Youth Programs (see Insurance section below)
- The third party agrees to indemnify, defend and hold harmless the Board of Regents of the University of Wisconsin System, its officers, employees and agents from and against any and all claims, losses, damages, 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/agreement, but only to the extent that such claims are caused by or result from the negligence, misconduct or other fault of the third party, its agents, employees, subcontractors or contractors.
- The program must complete the following through the Office of Precollege/Youth Programs:
- Student / participant information must be provided to the Office of Precollege / Youth Programs
- Must be registered by an authorized on campus Executive Sponsor
- Must be a dean (or director) or higher.
- UW-Madison sponsor must attend the Office of Precollege / Youth Programs monthly meeting (2nd Wednesday of the month 2 - 4 pm)
- Must be certified by the American Camp Association and must supply certification to Office of Precollege/Youth Programs
- Stated mission must be aligned with UW’s core mission
- Documentation of Staff and Student Orientations Based on Praesidium Recommendations
- Commitment to NO unsupervised free time
- Outlined daily schedule for every day of the program
- Evening shift supervision mandated
- Programs taught by UW staff and TA’s
- Exceptions may be made for other Universities (e.g. Madison Area Technical College or Edgewood College)
Human Resource Requirements
- Updated background and reference checks for all staff in UW’s system
- No less than a 4 year age difference between oldest participant and supervising staff
- Third parties must maintain proper staff to student ratios at all times
Insurance Requirements for External third Party Providers
Programs held at UW-Madison by third parties are not provided insurance coverage by UW-Madison or the State of WI. The third party shall, at own expense, procure insurance of the kinds and limits listed below and meet stated requirements.
- Standard Limits:
- Workers Compensation (WC) for third party’s employees: Meet WI Statutory Requirement Limits
- Commercial Comprehensive General Liability (CGL)
- Commercial General Liability Insurance-minimum limits required:
- Each Occurrence: $1,000,000
- General Aggregate: $2,000,000
- Products-Completed Operations Aggregate: $1,000,000
- Contractual Liability: $1,000,000
- Personal & Advertising Injury: $1,000,000
- Damage to Rented Premises: $100,000
- In addition, the Commercial General Liability Insurance-
- Policy should be written on an occurrence basis, or if claims-made coverage is provided, coverage must be maintained for a minimum of five (5) years after the termination the program.
- Policy must cover all activities to be performed by the external party, including athletic/physical activities.
- Policy must not contain any exclusion for intentional acts.
- Policy must not contain any exclusion for abuse from sexual, emotional or physical actions and/or misconduct. If such exclusions are included, separate coverage must be purchased and evidenced.
- Shall be provided by a carrier with a minimum A.M. Best rating of A-.
- Commercial General Liability Insurance-minimum limits required:
- Automobile Liability: Combined Single Limit $1,000,000
- The third party shall deliver certificates of insurance evidencing the above coverage and applicable renewals thereof by May 1st of the year in which the program is scheduled at UW-Madison. The certificate of insurance shall name the “Board of Regents of the University of Wisconsin System, its officers, employees, and agents” as Additional Insured on their Commercial General Liability and Automobile Liability policies.
- Each policy shall be endorsed to provide that the policy not be canceled, non-renewed, changed or allowed to lapse for any reason without sixty (60) days of written notice to the University of Wisconsin-Madison. 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 provides the University the right to cancel and terminate the contract without notice. Due to the nature of some activities, University of Wisconsin-Madison reserves the right to require additional limits of liability coverage.
- Participant medical and accident insurance for Third Party Programs: Accident insurance coverage for program participants is required. This coverage shall be equivalent to UWSA’s Camps and Clinics Accident insurance. Evidence of coverage shall be issued by the third party to UW-Madison by May 1st of the year in which the program is scheduled.
Link to Policy: https://kb.wisc.edu/youth-programs-third-party
Effective Date: October 9, 2018