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INSURANCE REQUIREMENTS FOR TENANTS AND LESSEES OF CITY PROPERTY OR VENDORS (SUPPLIERS, SERVICE PROVIDERS) TO THE CITY OF URBANDALE
1. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa. All insurers shall have a rating of A or better in the current A.M. Best Rating Guide.
2. All policies of insurance shall be endorsed to provide a thirty (30) day advance notice of cancellation to the City of Urbandale if cancellation is prior to the expiration date. This endorsement supersedes the standard cancellation statement on the Certificate of Insurance.
3. A Grantee shall furnish a Certificate of Insurance to the City of Urbandale, Iowa for the coverage required in Paragraph 6 below. Such certificates shall include copies of the following policy endorsements:
a) Thirty day notice of cancellation to the City of Urbandale.
b) Commercial General Liability policy is primary and non-contributing.
c) Commercial General Liability additional insured endorsement.
d) Governmental Immunity Endorsements.
e) Waiver of recovery under workers compensation.
4. Each certificate shall be submitted to the City Clerk of the City of Urbandale.
5. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of Urbandale. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement.
6. A Grantee shall be required to carry the following minimum coverage/limits or greater if required by law or other legal agreement:
a) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit
Products-Completed Operations Aggregate Limit
Personal and Advertising Injury Limit
Each Occurrence Limit
Fire Damage Limit (any one occurrence)
Governmental Immunity Endorsement identical or equivalent to form attached.
An additional insured endorsement identical or equivalent to ISO Form CG 2026 and CG 2037, or CG 2011 and include as additional insureds: "The City of Urbandale, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees, and volunteers."
b) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory for Coverage A
Employers Liability: $100,000 each accident
$100,000 each employee-disease
$500,000 policy limit-disease
Policy shall include an endorsement waiving right of recovery against City of Urbandale.
c) UMBRELLA/EXCESS LIABILITY $5,000,000
d) AUTO LIABILITY COVERAGE $1,000,000
This coverage shall be written with the City as an additional insured using endorsement CA 2048.
CITY OF URBANDALE, IOWA
(4) GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Urbandale, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Urbandale, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. The City of Urbandale, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier.
4. Non-Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Urbandale, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Urbandale, Iowa.
No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy.
(Ord. 2015-20, passed 11-10-2015)