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A. Scope of Coverage. The grantee shall maintain throughout the term of the franchise the following insurance:
1. Workers’ Compensation Insurance. Workers’ compensation insurance shall be maintained in accordance with the workers’ compensation insurance and safety laws of the state of California.
2. Comprehensive General Liability. Comprehensive general liability insurance, including, but not limited to, coverage for bodily injury and property damage, shall be maintained in the sum(s) specified in the franchise.
3. Comprehensive Automobile Liability. Comprehensive automobile liability insurance including, but not limited to, non-ownership and hired car coverage, as well as owned vehicles with coverage for bodily injury and property damage and an MSC-90 endorsement including environmental restoration coverage for accidents during transportation, shall be maintained in the sum(s) specified in the franchise.
4. Pollution Liability. Pollution liability or sudden accidental pollution liability coverage shall be maintained in the sum(s) specified in the franchise.
5. Employer’s Liability. Employer’s liability coverage shall be maintained in the sum(s) specified in the franchise.
B. Certificates of Insurance. The grantee shall furnish the city with copies of such insurance policies and any endorsements thereto for approval by city’s risk manager. Thereafter, grantee may substitute for same a certificate of insurance issued by the respective insurance company or companies certifying that such insurance policy or policies are in full force and effect.
C. City As Additional Insured. The city, its officers, boards and commissions, and members thereof, its employees and agents shall be named as additional insureds in all of the liability insurance policies required under subsections A.2, A.3 and A.4 of this section. The obligation of the insurers under such policies to provide coverages in the amounts specified in the grantee's franchise shall be primary up to the limits of liability as set forth in such franchise without right of contribution from any insurance in effect for the city. Such policies shall not be canceled or reduced in coverage without thirty (30) days' unqualified prior written notice to the city of the effective date thereof.
D. No Limitation of Liability. The minimum amounts set forth in the franchise for such insurance shall not be construed to limit the liability of the grantee to the city under the franchise issued hereunder to the amounts of such insurance.
E. Licensed Insurers. All insurance carriers providing coverage under this section shall be duly licensed to operate in the state of California and with a Best’s Guide rating of “B” or better, or, in the alternative, an unlicensed, U.S. domiciled company with a Best’s Guide Rating of “A”, and shall be subject to approval of the city.
(Ord. 2107 §1)
The grantee shall, by acceptance of any franchise granted herein, indemnify the city, its officers, boards and commissions, and members thereof, its employees and agents from any and all liabilities which might arise out of or relate to the exercise or enjoyment by the grantee of such franchise. Should the city or any of its officers, boards and commissions, and members thereof, its employees or agents be named in any suit, or should any claim be made against it or any of them by suit or otherwise, whether the same be groundless or not, arising out of or relating to any claim for which the grantee may be required to indemnify the city hereunder, the grantee shall defend the city and said officers, boards and commissions, and members thereof, its employees and agents and shall indemnify them for any judgment rendered against them or any sums paid out in settlement or otherwise.
(Ord. 2107 §1)
The city shall have the right to inspect at any time during normal business hours, and upon reasonable prior notice to the grantee, all route maps, service complaint logs, and performance test results which relate to the operation of a franchise and are maintained at the grantee's office within the service area. If any of such records are not kept in the grantee's local office, or upon reasonable request made available to the city, and if the city shall determine that an examination of such records is necessary or appropriate to the performance of any of the city's duties, then all travel and maintenance expenses necessarily incurred in making such examination shall be paid by the grantee.
(Ord. 2107 §1)
A. Complaints to Grantee. Grantee shall establish written procedures for receiving, acting upon, and resolving customer complaints. The written procedures shall prescribe the manner in which a customer may submit a complaint, either orally or in writing, that grantee has violated any provisions of this chapter or the franchise granted by city to grantee pursuant to this chapter. At the conclusion of the grantee’s investigation of the customer’s complaint, but in no event more than ten days after receiving the complaint, the grantee shall notify the customer of the results of the investigation and its proposed action or resolution, if any. The grantee shall also notify the customer of the customer’s right to file a complaint with the city in the event the customer is dissatisfied with the grantee's decision. All written procedures established by the grantee for receiving, acting upon and resolving customer complaints shall be filed with the city.
B. Complaint to the City. A customer who is dissatisfied with the grantee's proposed decision or who was not sent a written decision within a 10-day period after the grantee received the complaint, shall be entitled to have the complaint reviewed by the director or designee as follows:
1. Initiating Complaint Review. A customer shall initiate complaint review by the city by filing a written request for such review with the director of public works and by serving a copy of the request for review on the grantee. Such request for complaint review shall be filed by the customer within twenty days of the receipt of the grantee's decision, or, if grantee's decision has not been provided, within thirty days after filing the original complaint with the grantee; provided, however, that the director may extend such time limits for good cause shown. Such request for complaint review shall set forth the substance of the customer’s complaint together with the grantee's decision, if any, on the complaint.
2. Complaint Review Procedures. Upon receipt of a request for complaint review, the director, on the basis of the information set forth in such request, shall determine whether further review is warranted. In the event the director determines that further review is not warranted, then the grantee's decision shall be final. On the other hand, if the director determines that further review is warranted, the director shall require the grantee and customer to submit, within ten days after notice thereof, a written statement of the facts and arguments in support of their respective positions. The grantee or the customer may request in such statement that a hearing be conducted by the director. If requested, a hearing shall then be conducted by the director following notice in writing specifying the time and place for the hearing. The hearing shall be conducted informally by the director and the parties may offer any evidence relative to the dispute. In addition, the grantee and the customer shall produce any additional evidence requested by the city manager, including testing reports from the grantee, which the director may deem necessary for a full understanding and determination of the dispute. Within fifteen days of the conclusion of the hearing, the director shall render a written decision on the dispute, which decision shall fully resolve the matter and which shall be final as to the parties thereto.
(Ord. 2107 §1, Ord. 2136 §3, Ord. 2268, Ord. 2364 §96)
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