Insurance 

During the term of this Agreement, HSE shall maintain insurance coverage, which shall at a minimum include the following:

A.             Commercial General Liability: HSE will maintain commercial general liability insurance covering all operations by or on behalf of the Program, including operations of any subcontractor, on an occurrence basis against claims for personal injury (including bodily injury or death) and property damage (including loss of use). Such insurance will have following limits and coverages:

i.          Minimum Limits (Minimum Limits are half that of what is listed for programs of 75 students or less):

·        $1,000,000 each occurrence

·       $2,000,000 general aggregate

·       $2,000,000 products and completed operations aggregate.

ii.         Coverages

·       Occurrence form

·       Products and completed operations coverage.

·       Personal Injury

·       Contractual Liability

·       Defense in addition to the limits of liability

·       Sexual abuse and misconduct coverage

·       Coverage for athletic participants, if the Program provides athletic programs.

·       Special events coverage

·       Severability of interests provision

·       Additional insured endorsement on behalf of the ERBOCES

B.             Automobile Liability: HSE that operate or own vehicles that are used or intended to be used for the purpose of transportation within the program will maintain business auto liability coverage covering liability arising out of any auto (including owned, hired, and non-owned autos):

i.       Minimum limits

·       $1,000,000 combined single limit each accident

ii.     Coverages

·       Additional insured endorsement on behalf of the ERBOCES

·       Excess coverage for employees as insured using personal vehicles on Program business.

C.             Workers Compensation Insurance: HSE will maintain worker’s compensation insurance, including occupational disease provisions covering the Program in accordance with applicable state law and employer’s liability insurance:

i.   Minimum limits:

·       Worker’s compensation – statutory limits

·       Employer’s liability: $250,000 bodily injury for each accident; $250,000 each employee for disease and

$500,000 disease aggregate.

D.             Educators Legal Liability: During the term of the Agreement, HSE shall maintain Educator’s’ Legal Liability insurance covering its professional errors and omissions with a limit of not less than $2,000,000 per claim/aggregate ($1,000,000 for programs with 75 students or less). If coverage is purchased on a “Claims Made” basis, coverage must be endorsed to cover acts of the entity from the first date of operation. In addition, if operations of the entity cease, an extended reporting period of at least two years must be purchased (an umbrella policy may be used to meet the limits requirement).

E.             Directors and Officers Liability: During the term of the Agreement, HSE shall maintain Directors and Officers Liability insurance covering the wrongful acts, errors, and omissions of its Board of Directors arising out the administration of the Program with a limit of not less than $2,000,000 per claim/aggregate ($1,000,000 for programs with 75 students or less). This coverage may be included in the Educators’ Legal Liability coverage. Coverage shall also include Employment Practices Liability. If coverage is purchased on a “Claim Made” basis, coverage must be endorsed to cover acts of the entity from the first date of operation. In addition, if operations of the entity cease, an extended reporting period of at least two years must be purchased.

F.              Excess/Umbrella Liability: HSE shall maintain umbrella/excess liability on an occurrence basis in excess of general liability, auto liability, employer’s liability insurance described above, and, if available, excess of the Educators’ Legal Liability and Directors and Officers Liability coverage:

i.               Minimum limits

·       $2,000,000 ($1,000,000 for programs with 75 students or less) each occurrence and aggregate

G.             Property Insurance: All property (building and contents) owned or leased by HSE shall be the responsibility of HSE unless otherwise agreed by contract. HSE will carry property insurance covering its owned or leased property on an all-risk form, including replacement cost coverage, equipment breakdown (if applicable), and business interruption/extra expense.

H. Crime Insurance: HSE will maintain employee dishonesty coverage in an amount of no less than $250,000 to protect it from theft of money and securities by employees. Coverage must also include volunteers as employees.