(a) Each permittee shall maintain Commercial General Liability insurance coverage with limits of no less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations, unless the requirement is otherwise waived by the City Manager or his designee after a finding by him that the permit application presents no substantial health or safety risks. If a general aggregate or products/completed operations aggregate limit is used, the limit shall be no less than three million dollars ($3,000,000). Any deductibles, self-insured retentions or self insurance must be declared and approved by the City Manager or his designee. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self insured retentions as respects the City, its officers, employees and volunteers or the permittee shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigation, claim administration and defense or related expense.
(b) The Commercial General Liability coverage, unless waived by the City Manager or his designee after a finding by him that the permit application presents no substantial health or safety risks, shall contain or be endorsed to contain the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be covered as insureds with respects to liability arising out of the operations performed by or on behalf of the permittee.
(2) For any claims related to this permit, the permittee’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the permittee’s insurance and shall not contribute with it.
(3) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days written notice has been provided to the City.
(c) The permittee hereby agrees to waive subrogation which any insurer of the permittee may acquire from permittee by virtue of the payment of any loss. Permittee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII unless otherwise acceptable to the City. Permittee shall furnish the City with original certificates and endorsements effecting coverage required by this section. All certificates and endorsements are to be received and approved by the City before the permit is issued. However, failure to do so shall not operate as a waiver of these insurance requirements. The City reserves the right to require completed, certified copies of all required insurance policies, including endorsements affecting the coverage.
(Ord. 2006-80. Passed 12-14-06.)
(Ord. 2006-80. Passed 12-14-06.)