(A) A provider shall obtain and maintain insurance in the amounts reasonably prescribed by the city with an insurance company licensed to do business in the state acceptable to the city throughout the term of a municipal consent conveyed under this chapter. A provider shall furnish the city with proof of insurance at the time of filing the acceptance of a municipal consent. The city reserves the right to review the insurance requirements during the effective period of a municipal consent, and to reasonably adjust insurance coverage and limits when the Public Works Director or his or her designee determines that changes in statutory law, court decisions or the claims history of the industry or the provider require adjustment of the coverage. For purposes of this section, the city will accept certificates of self-insurance issued by the state or letters written by the provider in those instances where the state does not issue such letters, which provide the same coverage as required herein. However, for the city to accept such letters the provider must demonstrate by written information that it has adequate financial resources to be a self-insured entity as reasonably determined by the city, based on financial information requested by and furnished to the city. The city’s current insurance requirements are described in Exhibit A, kept on file in the office of the City Clerk.
(B) The provider shall furnish, at no cost to the city, copies of certificates of insurance evidencing the coverage required by this section to the city.
(C) An insurance certificate shall contain the following required provisions:
(1) Name the city of and its officers, employees, board members and elected representatives as additional insureds for all applicable coverage;
(2) Provide for 30-days’ notice to the city for cancellation, non-renewal or material change;
(3) Provide that notice of claims shall be provided to the Public Works Director or his or her designee by certified mail; and
(4) Provide that the terms of the municipal consent which impose obligations on the provider concerning liability, duty and standard of care, including the indemnity section, are included in the policy and that the risks are insured within the policy terms and conditions.
(D) The provider shall file and maintain proof of insurance with the Public Works Director or his or her designee during the term of a municipal consent or an extension or renewal. An insurance certificate obtained in compliance with this section is subject to city approval. The city may require the certificate to be changed to reflect changing liability limits. A provider shall immediately advise the City Attorney of actual or potential litigation that may develop may affect an existing carrier’s obligation to defend and indemnify.
(E) An insurer has no right of recovery against the city. The required insurance policies shall protect the provider and the city. The insurance shall be primary coverage for losses covered by the policies.
(F) The policy clause “other insurance” shall not apply to the city if the city is an insured under the policy.
(G) The provider shall pay premiums and assessments. A company which issues an insurance policy has no recourse against the city for payment of a premium or assessment. Insurance policies obtained by a provider must provide that the issuing company waives all right of recovery, by way of subrogation, against the city in connection with damage covered by the policy.
(1998 Code, § 122-189) (Ord. 99-15, passed 4-7-1999)