2 Del. Admin. Code § 2219-14.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 2219-14.0 - Insurance

14.1 Contractor recognizes that the contractor is operating as an independent contractor and that the contractor is liable for any and all losses, penalties, damages, expenses, attorney's fees, judgments, and/or settlements incurred by reason of injury to or death of any and all persons, or injury to any and all property, of any nature, arising out of the contractor's negligent performance under this contract, and particularly without limiting the foregoing, caused by, resulting from, or arising out of any act of omission on the part of the contractor in the contractor's negligent performance under this contract.

14.2 The contractor shall maintain such insurance as will protect against claims under Worker's Compensation Act and from any other claims for damages for personal injury, including death, which may arise from operations under this contract. The contractor is an independent contractor and is not an employee of the State.

14.3 The contractor shall, at the contractor's expense, carry insurance of minimum limits as follows:

Comprehensive General Liability	$1,000,000
Medical/ProfessionalLiability	$1,000,000/ $3,000,000

14.4 If the contractual service requires the transportation of Departmental clients or staff, the contractor shall, in addition to the above coverage's, secure the following coverage:

Automotive Liability(Bodily Injury)	$100,000\$300,000
Automotive Property Damage (to others)	$25,000

14.5 Medical insurance coverage of at least five hundred dollars ($500.00) for each student, range aide, primary and assistant instructor participating in any BRC course section.

14.6 Comprehensive and Collision Insurance coverage providing for a total limit of not less than the value of each motorcycle utilized in any Motorcycle Rider Education Program course section less deductibles for damage or loss due to fire, theft and collision.

14.7 Notwithstanding the information contained above, the contractor shall indemnify and hold harmless the State of Delaware, the Department and the Division from contingent liability to others for damages because of bodily injury, including death, which may result from the contractor's performance under this Contract, and any other liability for damages for which the contractor is required to indemnify the State, the Department and the Division under any provision of this Contract.

14.8 The policies for Liability and Property Damage must be so written to include Professional Liability and Comprehensive General Liability, which includes Bodily Injury and Property Damage insurance to protect against claims arising from the performance of the contractor and the contractor's subcontractors under this Contract.

14.9 The contractor shall provide a Certificate of Insurance as proof that the contractor has the required insurance or a letter indicating a program of self insurance and its limits and availability of funds sufficient to meet the claims.

2 Del. Admin. Code § 2219-14.0