Facilities Use Requirements
Building Use
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Notwithstanding any terms, conditions or provisions, in any other writing between the parties, the facility user hereby agrees to effectuate the naming of the District/BOCES as an Additional Insured on the facility user's insurance policies, except for workers' compensation and N.Y. State Disability insurance.
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The policy naming the District/BOCES as an Additional Insured shall:
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Be an insurance policy from an A.M. Best A- rated or better insurer, licensed to conduct business in New York State. A New York licensed and admitted insurer is strongly preferred. The decision to accept non-licensed and non-admitted carriers lies exclusively with the District/BOCES and may create significant vulnerability and costs for the District/BOCES.
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State that the organization's coverage shall be primary and non-contributory coverage for the District/BOCES, its Board, employees and volunteers including a waiver of subrogation in favor of the District/BOCES for all coverages including workers compensation.
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Additional insured status for General Liability coverages shall be provided by standard or other endorsements that extend coverage to the District/BOCES (CG 20 26) or equivalent. The decision to accept an endorsement rests solely with the District/BOCES. A completed copy of the endorsements must be attached to the Certificate of Insurance to include General Liability, Auto Liability (where applicable) and Umbrella/Excess coverages.
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The facility user agrees to indemnify the District/BOCES for applicable deductibles and self-insured retentions.
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Minimum Required Insurance:
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Commercial General Liability Insurance
$1,000,000 per Occurrence/ $2,000,000 Aggregate, with no exclusions for Athletic Participants
$2,000,000 Products and Completed Operations
$1,000,000 Personal and Advertising Injury
$100,000 Fire Damage
$10,000 Medical Expense -
Automobile Liability (When an organization’s vehicle is brought onsite) $1,000,000 combined single limit for owned, hired, borrowed and non-owned motor vehicles.
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Workers' Compensation and NYS Disability Insurance (For Organizations With Employees) Statutory Workers' Compensation (C-105.2 or U-26.3); and NYS Disability Insurance (DB-120.1) for all employees. Proof of coverage must be on the approved specific form, as required by the New York State Workers’ Compensation Board. ACORD certificates are not acceptable. A person seeking an exemption must file a CE-200 Form with the state. The form can be completed and submitted directly to the WC Board online.
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Umbrella/Excess Insurance
General Use
$1 million each Occurrence and Aggregate. Umbrella/Excess coverage shall be on a follow-form basis or provide broader coverage over the required General Liability coverages.
Organized Athletic Leagues
$3 million each Occurrence and Aggregate. Umbrella/Excess coverage shall be on a follow-form basis or provide broader coverage over the required General Liability coverages.
Athletic/Recreational Camps
$5 million each Occurrence and Aggregate. Umbrella/Excess coverage shall be on a follow-form basis or provide broader coverage over the required General Liability coverages.
Carnivals and Firework Displays, etc.
$10 million each Occurrence and Aggregate. Umbrella/Excess coverage shall be on a follow-form basis or provide broader coverage over the required General Liability coverages.
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The facility user acknowledges that failure to obtain such insurance on behalf of the District/BOCES constitutes a material breach of contract and subjects it to liability for damages, indemnification, and all other legal remedies available to the District. The facility user is to provide the District with a certificate of insurance, evidencing the above requirements have been met, prior to the event.
Transportation Insurance Requirements
1. Notwithstanding any terms, conditions or provisions, in any other writing between the parties, the contractor hereby agrees to effectuate the name of Highland Central School District as an additional insured on the contractor's insurance policies, with the exception of workers' compensation and New York State disability.
2. The policy naming Highland Central School District as an additional insured shall:
a. Be an insurance policy from an A.M. Best rated "Secure" or better insurer, licensed in New York State.
b. State that the organization's coverage shall be primary and non-contributory coverage for the District, its Board, employees and volunteers.
c. State that the commercial general liability policy affirmatively provides coverage for claims of negligent hiring, training and supervision, which may arise in the context of sexual molestation, abuse harassment, or similar sexual misconduct. Sub limits below the policy limits are acceptable solely at the discretion of the District.
d. List the District as an additional insured by using endorsement CG 2026 or equivalent. The decision to accept an alternative endorsement rests solely with the District. The certificate must state which endorsement is being used, and a copy of the endorsement must be attached to the certificate of insurance.
3. The contractor agrees to indemnify the District for any applicable deductibles and self-insured retentions.
4. Required Insurance:
a. Commercial General Liability Insurance
$5,000,000 per occurrence/$5,000,000 aggregate.
b. Automobile Liability
$5,000,000 combined single limit for owned, hired and borrowed and non-owned motor vehicles.
c. Workers' Compensation, Employers Liability and NYS Disability Insurance
Statutory Workers' Compensation, Employers; Liability Insurance and NYS Disability Insurance for all employees. Roof of coverage must be on the approved specific form, as required by the New York State Workers' Compensation Board. ACORD certificates are not acceptable.
5. Contractor acknowledges that failure to obtain such insurance on behalf of the District constitutes a material breach of contract and subjects it to liability for damages, indemnification and all other legal remedies available to the District. The contractor is to provide the district with a certificate of insurance, evidencing the above requirements have been meet. prior to the commencement of work or use of facilities.
6. The District is a member/owner of the NY Schools Insurance Reciprocal (NYSIR). The contractor further acknowledges that the procurement of such insurance as required herein is intended to benefit not only the District but also the NYSIR, as the District's insurer.