§ 14-05 Nonpublic Schools and Security Guard Companies; Program Administration.
RCNY § 14-05
(a)Start Date. A school may seek reimbursement from the Department for the cost of Security Services beginning on the first day of classes in the school year for which the Reimbursement Program has been authorized or the date the Department determines that the School is qualified to participate in the reimbursement program, whichever is later.
(b)Qualified Providers. If the Qualified Provider List contains three (3) or more Security Guard Companies on the date of the execution of the MOU between the Department and a school, the school must retain a Security Guard Company from the Qualified Provider List in order for the cost of its Security Services to be eligible for reimbursement. If the Qualified Provider List contains fewer than three (3) Security Guard Companies at such time, the school may retain any Security Guard Company that is licensed pursuant to Article 7-A of the General Business Law and complies with all applicable labor and employment laws.
(c)Insurance Requirements. Upon retention by the school of a Security Guard Company from the Qualified Provider List or a Security Guard Company licensed pursuant to Article 7-A of the General Business Law, the Security Guard Company must maintain throughout the term of its agreement with the school commercial general liability ("CGL") insurance, which shall: (i) be issued by a company that may lawfully issue the CGL policy. The company must have an A.M. Best rating of at least A-/VII or a Standard & Poor's rating of at least A; (ii) insure the Security Guard Company, the school, and the City of New York and protect them from any claims for injury (including death) or property damage that may arise from or allegedly arise from operations under the agreement with the school (iii) provide coverage of at least one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate; (iv) provide coverage at least as broad as that provided in the most recently issued edition of Insurance Services Office ("ISO") Form CG 00 01 and be "occurrence" based rather than "claims-made"; and (v) name the school and the City of New York as an Additional Insured with coverage at least as broad as the most recent edition ISO Form CG 2026.
(1)The Security Guard Company shall provide the endorsement(s) naming the school and the City as an Additional Insured and proof of CGL insurance by submission of a certificate of insurance that: A. satisfies the requirements of this rule; B. identifies the insurance company that issued such insurance policy, the policy number, limit(s) of insurance, and expiration date; and C. is accompanied by a sworn statement in a form prescribed by the Department from a licensed insurance broker or agent certifying that the certificate of insurance is accurate in all material respects.
(2)A Security Guard Company must ensure that its policies are current and is required to submit an updated certificate of insurance and certification by broker or agent within five days of the expiration date of the current policy.
(3)A Security Guard Company shall maintain workers' compensation insurance, disability benefits insurance and employer's liability insurance in accordance with the laws of the State of New York on behalf of, or with regard to, all employees providing services to a school, and must produce proof of workers' compensation insurance and disability benefits insurance coverage within 10 days of its retention by the school, or upon demand by the Department. Satisfactory proof shall mean: A. C-105.2 Certificate of Workers' Compensation Insurance; B. U-26.3 – State Insurance Fund Certificate of Workers' Compensation Insurance; C. Request for WC/DB Exemption (Form CE-200); D. Equivalent or successor forms used by the New York State Workers' Compensation Board; or E. Other proof of insurance in a form acceptable to the City.
(d)School Security Administrator. The School Security Administrator shall be responsible for the daily administration of Security Services provided at the school, including decisions regarding the selection, retention, and replacement of Security Guards. The School Security Administrator must report the misconduct of a Security Guard to the administration of the school. The School Security Administrator may report any concerns regarding a Security Guard Company to the Department.
(e)Requirements of Security Guard Companies. A Security Guard Company that is retained to provide Security Services must: (i) furnish distinctive, appropriate, and complete uniforms to each Security Guard assigned to such school. All Security Guards must report for duty wearing a complete uniform; (ii) ensure that each Security Guard assigned to the school has satisfactorily completed training programs in compliance with Section 89-n of Article 7-A of the General Business Law and 55 RCNY § 14-06; (iii) ensure that each Security Guard assigned to the school has no physical conditions that would hamper the performance of assigned duties; (iv) ensure that each Security Guard assigned to the school is physically able to wear and use any equipment furnished to them to conduct their duties; (v) ensure that each Security Guard assigned to the school wears and displays a Company-issued identification card and New York State Guard License prominently while on duty; (vi) ensure that each Security Guard assigned to the school has the ability to understand, speak, write and be understood in English; and (vii) furnish communication systems and accessories for use at each school. Such systems and accessories must be provided in sufficient quantities to ensure that there is at least one operable, fully charged radio and case, or other Security Guard Company issued communication device, for each guard on each shift. All security personnel assigned to a school must report for duty bearing all assigned equipment. The School Security Administrator must approve all equipment prior to use. Such systems and accessories must: (1) permit each guard to communicate with the School Security Administrator and any other guards assigned to the school; and (2) be licensed by the Federal Communication Commission on a business or public safety band.
(f)Incident Reporting.
(i)Each Security Guard assigned to the school must document criminal activity and other significant incidents related to public safety that occur while the Security Guard is on duty. Each school is responsible for maintaining such documentation and for promptly reporting criminal activity to the New York City Police Department and other significant incidents related to public safety to any other government agency, where appropriate.
(ii)The School Security Administrator must submit an annual report to the Department that summarizes all criminal activity and other significant incidents related to public safety that are documented by its Security Guards. (Added City Record 7/19/2016, eff. 7/19/2016; amended City Record 2/14/2020, eff. 3/15/2020)
