(a) Prior to the issuance of a biosolids permit and the application of biosolids to any land within the County, the applicator shall obtain insurance for the amounts and types of coverage as provided herein. The applicator shall at all times during the term of its biosolids permit maintain in full force and effect a policy of Workers’ Compensation insurance; a policy of General Liability insurance in a minimum of One Million and no/100ths ($1,000,000.00) Dollars; a policy of auto liability covering personal injury and property damage in a minimum of One Million and no/100ths ($1,000,000.00) Dollars; and a policy of pollution insurance, covering personal injury, property damage and clean up liability in a minimum of Two Million and no/100ths ($2,000,000.00) Dollars.
All insurance shall be by insurers acceptable to the County. Evidence of insurance in the form of certificates of insurance or in such other form as may be required by the Department and/or County Counsel shall be provided prior to the issuance of a biosolids permit and before commencement of the application of any biosolids to any real property within the County. The certificates shall include the following express obligation:
“This is to certify that the policies of insurance described herein have been issued to the insured for whom this certificate is executed and are in force at this time. In the event of cancellation or material change in a policy affecting the certificate, 30 days notice will be given the certificate holder.”
The County shall not be liable for the payment of premiums or assessments on the policy.
(b) In the event applicator’s insurance coverage fails or lapses, the permit approval issued hereunder shall terminate immediately, and applicator shall be deemed in default.
(c) All insurance policies shall state that they shall not be canceled without thirty (30) days prior written notice to the County.
(d) The pollution insurance policy shall contain the following special endorsement:
“The County of Yolo, its officers, employees, and agents are hereby declared to be additional insured under the terms of this policy both as to the activities of applicator and as to the activities of the County, its officers, employees, and agents related to this activity described herein.”
(e) The general liability and pollution liability insurance policies shall be written on an “occurrence basis,” provided however, that “claims made policies” shall be accepted by the County where the policy expressly provides that it shall provide coverage for any claim made or filed for a period of thirty-eight (38) months from the termination of the biosolids permit for which the insurance policy provides coverage.
(f) The Department, County Counsel and County Risk Manager shall review all insurance policies to assure compliance with the provisions of this section. (§ 1, Ord. 1204, eff. January 16, 1997)