§ 16.50.370.6. Liability and insurance.

A.

By applying for a sidewalk café permit, any person owning or operating such use agrees to indemnify, defend, save and hold harmless the City, its officers, agents and employees from any and all claims, liability, lawsuits, damages and causes of action which may rise out of such activity. The owner or operator shall enter into a written agreement with the City to evidence this indemnification. Such agreement must have the written approval of the City Attorney.

B.

The owner or operator shall acquire and keep in full force and effect, at its own expense, insurance in the following amounts and types:

1.

Commercial general liability in the amount of at least $500,000.00 per occurrence for bodily injury and property damage. The City shall be named as an additional insured on this policy and an endorsement must be issued as part of the policy evidencing compliance with this requirement.

2.

Workers' compensation and employers' liability as required by the State.

3.

All policies must be issued by companies authorized to do business in the State and rated B+; VI or better per Best's Key Rating Guide, latest edition.

4.

The City shall receive at least 30 days' written notice prior to any cancellation, non-renewal or material change in the coverage provided.

5.

Any person operating a sidewalk café shall provide, and must have approved by the City's risk manager, an original certificate of insurance as evidence that the above requirements have been met prior to the initiation of the sidewalk café. Failure to comply with all these requirements shall cause a suspension or revocation of all sidewalk café activities.

6.

The insurance policy shall be in effect from October 1 until September 30 of the following calendar year.

(Code 1992, § 16.50.370.6)