(a) In order to accomplish the indemnifications provided above, but without limiting the duty, each grantee shall secure and maintain at its sole cost throughout the term of its respective franchise agreement, insurance issued by companies acceptable to the County's Risk Manager with limits as may be reasonably prescribed by the County's Risk Manager as a reflection of the County's risk in respect to operations under a particular franchise agreement, and with such terms and provisions as may be required from time to time by the County's Risk Manager. At a minimum such insurance policies include, but are not limited to:
(1) Workers compensation.
(2) Comprehensive general and automobile liability insurance.
(3) Environmental liability.
(b) Prior to commencing operations under a franchise agreement, grantee shall furnish to the Division certificates of insurance evidencing the required insurance coverage. Each such certificate shall provide that the insurance coverage evidenced thereby shall not be expired, canceled, terminated or reduced in amount without at least 30 days advance written notice to the Division. Within 60 days after the effective date of a franchise agreement, the grantee shall furnish to the Division certified copies of all of the policies and endorsements required by this Section. Proofs of renewal or of substitution of carriers shall be provided to the Division promptly as such events occur.
(c) All insurance requirements are subject to annual review by the County, with the results of such review to be provided to a grantee on or before the anniversary of the effective date of its franchise agreement. If the County's Risk Manager determines at any annual review that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the County's 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. Any such change shall be treated as a change in law adjustment, under the provisions of Division 6.
(d) Grantee shall not be required to maintain separate policies of insurance for any type of insurance required under both this section and Chapter 8 of Division 3 of Title 3 of this Code. However, grantee must maintain the level of insurance which is the higher of that required in this Section and Chapter 8 of Division 3 of Title 3 of this Code, and must obtain and maintain insurance coverage which satisfies all of the provisions of this Section and Chapter 8 of Division 3 of Title 3 of this Code, including without limit, providing certificates of insurance to all specified departments of the County and requiring notification of the cancellation or termination of any insurance policy be given by the insurance company to all specified departments of the County.
(Ord. 4385, passed - -2020; Am. Ord. 4434, passed - -2022)