(A) Certificate of insurance.
(1) A registrant shall provide, pay for and maintain satisfactory to the town the types of insurance described herein. The registrant shall file with the Town Clerk and keep in full force and effect at all times during the effective period hereof, a certificate of insurance naming the town as an additional insured including a waiver of subrogation provision evidencing general liability, auto liability, and worker’s compensation coverage. Failure to furnish the certificates of insurance in a timely manner shall constitute a violation of this code.
(2) Each policy shall be issued by a company licensed to conduct insurance business in the state of having a financial rating in Best's Insurance Guide of “A+” or better and a financial quality rating of VII or better. All insurance required hereunder by this section shall be occurrence based in nature. Claims made insurance shall not be acceptable.
(B) No liability limit. Neither the provisions of this section or any damages recovered by the town hereunder, shall be construed to nor limit the liability of the registrant for damages based upon any use of the public right-of-way, transaction, or course of dealing with the registrant hereunder.
(C) Endorsement. All insurance policies maintained pursuant hereto shall contain the following, or a comparable, endorsement, acceptable to the Mayor, or the manager’s designee:
“It is hereby understood and agreed that this insurance policy may not be modified or canceled by the insurance company nor the intention not to renew be stated by the insurance company until 30 days after receipt by the Town Manager of the Town of Palm Shores, Florida, by registered or certified mail, return receipt requested, of a written notice of such intention to cancel or not to renew.”
(D) Broad form indemnification agreement. All contractual liability insurance policies, including but not limited to general liability, auto liability, and worker’s compensation) maintained pursuant hereto shall include the provision of the following hold harmless clause:
“The [insert name of registrant] agrees to indemnify, save harmless and defend the Town of Palm Shores, Florida, its officers, managers, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and reasonable attorney’s fees for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by the registrant’s use of the public right-of-way and performed or caused to be performed.”
(E) Limits of coverage. The limits of coverage of insurance required shall be not less than the following:
(1) Worker’s compensation and employer’s liability insurance.
(a) Worker’s compensation - state statutory requirements.
(b) Employer’s liability - $1,000,000 limit each accident.
(c) One million dollars limit per accident.
(d) Five hundred thousand dollars limit per each employee.
(2) Comprehensive general liability. Bodily injury and property damage - $1,000,000 combined single limit each occurrence. Such general liability insurance must include coverage for premises/operations, contractual liability, independent contractors and subcontractors, explosion and collapse hazard, underground hazard, additional insured endorsement (naming the town as an additional insured including a waiver of subrogation provision), broad form comprehensive general liability, broad form property damage, products/completed operations hazard, contractor’s pollution liability, contractual liability endorsement and insurance, broad form property damage, XCU coverage, and personal injury.
(3) Automobile liability. Bodily injury and property damage - $1,000,000 combined single limit each accident.
(F) Self insurance. The provisions of this section do not apply if the registrant provides the town proof of self insurance.
(Ord. 2010-01, passed 1-26-2010)