§ 16.50.450.9. Liability and insurance.

A.

By applying for a pushcart permit, any person or entity 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 prior to operating such use.

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 the policy and an endorsement shall 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 or entity operating a pushcart 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 pushcart operation. Failure to comply with all these requirements shall cause a suspension or revocation of all pushcart activities.

6.

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

(Code 1992, § 16.50.450.9)