A permittee shall indemnify, defend and hold harmless the County of San Bernardino and their authorized agents, officers, volunteers and employees against any and all claims or actions arising from the permittee’s acts or omissions and for any costs or expenses incurred by the San Bernardino County Department of Environmental Health Services (DEHS), County of San Bernardino or permittees on account of any claim therefore.
In order to accomplish the indemnification herein provided for, but without limiting the indemnification, the permittee shall secure and maintain throughout the term of the permit the following types of insurance within the limits as shown:
(a) Worker’s Compensation. A program of Worker’s Compensation Insurance or a state-approved Self-Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer’s Liability with $250,000.00 limits, covering all persons providing services on behalf of the permittee and all risks to such person under this permit.
(b) Comprehensive General and Automobile Liability Insurance.
(1) All permittees must have automobile liability coverage for owned, hired, and nonowned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than $500,000.00.
(2) Permittees with three or more trucks must also have Comprehensive General liability insurance. The policy coverage shall have combined single limits for bodily injury and property damage of not less than $500,000.00.
Permittee shall immediately furnish certificates of insurance and within 60 days provide certified copies of all policies and endorsements to DEHS evidencing the insurance coverage above required prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without 30 days written notice to DEHS, and shall maintain such insurance from the time the permittee commences business activities upon permit receipt and throughout any hearings for denial, revocation and/or suspension of permits or renewals.
All policies, with respect to the insurance coverage above required, except for the Worker’s Compensation Insurance coverage, if applicable, shall have endorsements naming DEHS and the County of San Bernardino, their employees, agents, volunteers and officers as additional named insured with respect to liabilities arising out of performance of services hereunder.
The permittee shall require the carriers of the above required coverage to waive all rights of subrogation against DEHS and the County of San Bernardino, their offices, volunteers, employees, contractors and subcontractors.
(c) Insurance Review. The above insurance requirements are subject to periodic review by the County. The Risk Manager of the County of San Bernardino is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County’s risk.
(Ord. 3105, passed - -1986)