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(a) Minimum Insurance Coverages. The Department shall require that each Permittee maintain in full force and effect, throughout the term of a Surface-Mounted Facility Site Permit, an insurance policy or policies issued by an insurance company or companies satisfactory to the City's Risk Manager. Such policy or policies shall, at a minimum, afford insurance covering all of the Permittee's operations, vehicles, and employees, as follows:
(1) Workers' compensation, in statutory amounts, with employers' liability limits not less than $1,000,000 each accident, injury, or illness.
(2) Commercial general liability insurance with limits not less than $1,000,000 each occurrence combined single limit for bodily injury and property damage, including contractual liability, personal injury, products and completed operations.
(3) Commercial automobile liability insurance with limits not less than $1,000,000 each occurrence combined single limit for bodily injury and property damage, including owned, non-owned and hired auto coverage, as applicable.
(4) Contractors' pollution liability insurance, on an occurrence form, with limits not less than $1,000,000 each occurrence combined single limit for bodily injury and property damage and any deductible not to exceed $25,000 each occurrence.
(b) Other Insurance Requirements.
(1) The policy or policies required by subsection (a) shall include the City and its officers and employees jointly and severally as additional insureds, shall apply as primary insurance, shall stipulate that no other insurance effected by the City will be called on to contribute to a loss covered thereunder, and shall provide for severability of interests.
(2) The policy or policies required by subsection (a) shall provide that an act or omission of one insured, which would void or otherwise reduce coverage, shall not reduce or void the coverage as to any other insured. Said policy or policies shall afford full coverage for any claims based on acts, omissions, injury, or damage which occurred or arose, or the onset of which occurred or arose, in whole or in part, during the policy period.
(3) The policy or policies required by subsection (a) shall be endorsed to provide 30 days advance written notice of cancellation or any material change to the Department.
(4) Should any of the required insurance be provided under a claims-made form, a Permittee shall maintain such coverage continuously.
(5) Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general aggregate limit shall be double the occurrence or claims limits specified in subsection (a) above.
(c) Indemnity Obligation. Such insurance shall in no way relieve or decrease a Permittee's or its agents' obligation to indemnify the City under Section 2727.
(d) Proof of Insurance. Before the Department issues a Permit, a Permittee shall furnish to the Department certificates of insurance and additional insured policy endorsements with insurers that are authorized to do business in the State of California and that are satisfactory to the City evidencing all coverages set forth in subsection (a) above.
(e) Self-Insurance. Where a Permittee is self-insured, and such insurance is no less broad and affords no less protection to the City than the requirements specified in subsection (a) above, the Department, in consultation with the City's Risk Manager, may accept such insurance as satisfying the requirements of subsection (a) above. Evidence of such self-insurance shall be provided in the manner required by the City's Risk Manager.
(Added by Ord. 76-14 , File No. 140319, App. 5/28/2014, Eff. 6/27/2014)