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(A) As a condition to the issuance of the valet operations parking permit, a valet operator shall submit to the city its agreement in writing to indemnify, hold harmless and defend the city, its representatives, employees, and elected and appointed officials, from and against all liability, claims, damages, suits, losses, and expenses of any kind, including reasonable attorney fees and costs for appeal, associated with or arising out of or from the permit, the use of public right-of-way or other public areas for valet operations or arising from any negligent act, omission or error of the valet operator, its agents or employees or from the failure of the valet operator, its agents or employees, to comply with each and every requirement of this article or with any other federal, state or local traffic law or any combination of same.
(B) The valet operator shall provide and maintain such public liability and property damage insurance to protect the city from all claims and damage to property or bodily injury, including death, which may arise from valet operations. Such insurance shall be provided from an insurance company with an A.M. Best rating of not less than "A" and a financial strength rating of not less than "VII" acceptable to the city's risk management department and shall provide coverage of not less than $1,000,000 for bodily injury and property damage respectively per occurrence. Such insurance shall be without prejudice to coverage otherwise existing and shall name as additional insured the City of Pompano Beach and the Pompano Beach Community Redevelopment Agency, in case any of the storage area is owned by the CRA, and City Commission, its officials and employees, and shall further provide that the policy shall not terminate or be canceled prior to the completion of the permit period without 30 days written notice to the city's risk management division and the Parking Administrator at the address shown in the permit. Additionally, the valet operator shall provide "garage keepers" legal liability insurance providing specified causes of loss coverage, collision coverage, and comprehensive coverage for vehicles under the control of the valet parking operator with a minimum of $500,000 per location with a maximum self-insured retention (SIR) or deductible of $1,000.
(C) The valet operator shall provide proof of all required insurance prior to receiving a permit and upon each renewal thereafter.
(Ord. 2019-22, passed 1-22-19)