Any person engaged in, conducting or carrying on the business of mobile vendor shall have in force insurance in accordance with the requirements set forth below.
(A) Commercial general liability insurance shall be provided on Insurance Services Office-CGI Form No. CG 00 01 11 85 or 88. Policy limits shall be no less than $1,000,000 per occurrence for all coverage and $2,000,000 general aggregate applicable exclusively to this type of activity. There shall be no cross-liability exclusion. Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance (primary or excess) available to the city, and any of its officials, employees or agents. Coverage for the additional insured shall apply to the fullest extent permitted by law excepting only the active negligence of the city as established by agreement between the parties or by the findings of a court of competent jurisdiction. The city and its officials, employees and agents shall be added as an additional insured using Insurance Services Office additional insured endorsement Form No. CG 20 10 11 85 or 88.
(B) Business auto coverage shall be written on Insurance Services Office Business Auto Coverage Form No. CA 00 01 06 92, including owned, non-owned and hired autos. Limits shall be no less than $1,000,000 per accident. This policy shall be scheduled as underlying insurance to any umbrella policy as applicable. If mobile vendor owns no autos, a non-owned auto endorsement to the general liability policy described above is acceptable.
(C) Workers’ compensation/employer’s liability shall be written on a policy form providing workers’ compensation statutory benefits as require by law. Employer’s liability limits shall be no less than $1,000,000 per accident or disease. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects the city and all of its officials, employees, or agents.
(D) General conditions. Mobile vendors shall also adhere to the following provisions regarding insurance to be provided by such mobile vendor.
(1) Insurance provided pursuant to these requirements shall be written by insurers authorized to do business in the State of California and with a minimum Best’s Insurance Guide rating of A:VII. Self-insurance will not be considered to comply with these insurance specifications.
(2) The coverage required here will be renewed annually by the mobile vendor as long as the mobile vendor continues to provide any services within the city. Expiration of a policy during the license period shall automatically terminate the license.
(3) All available or applicable insurance coverage and limits provided by mobile vendor are intended to apply to the full extent of the policies. Nothing contained in any agreement relating to the city or its operations limits the application of such insurance coverage.
(4) Mobile vendor shall provide evidence of the insurance required herein, satisfactory to the city, consisting of:
(a) Certificate(s) of insurance evidencing all of the coverage required; and
(b) The mobile vendor shall, upon request by the city, provide complete, certified copies of any policies required by this section within ten days of such request. Any actual or alleged failure on the part of the city or any other additional insured under these requirements to obtain proof of insurance in no way waives any right or remedy of the city or any additional insured, in this or any regard.
(Ord. 2010-20 § 5, 2010)