17.36.090 - Permit requirements - Insurance.
A. No permit shall be issued unless there has been filed with the risk manager a certificate of insurance in form satisfactory to the risk manager, issued by an insurer that is satisfactory to the risk manager and authorized under and by the state of California to issue the insurance hereinafter described, certifying that said insurer has issued to the applicant for said permit a policy of public liability insurance containing the following minimum provisions:
1. Limits of liability of not less than one hundred thousand dollars for each person and three hundred thousand dollars each occurrence, insuring said applicant against liability for damages which may be imposed upon him by law because of bodily injury or death sustained by any person or persons, arising out of operations performed under said permit;
2. Limits of liability of not less than fifty thousand dollars each occurrence, with an aggregate, where applicable, of not less than two hundred thousand dollars, insuring said applicant against liability for damages which may be imposed upon him by law because of property damage sustained by any person or persons, arising out of operations performed under said permit;
3. Contractual liability coverage in the above limits of liability.
B. Said certificate of insurance shall contain the following:
"Statement of Insurer to be Attached to Certificate of Insurance "Policy No. _________, referred to in the attached certificate shall not be cancelled, suspended or terminated, nor shall any exposure therein covered be eliminated, nor shall the limits of liability therein expressed be reduced until ten days after receipt by the City of San José of written notice thereof, such notice to be given by registered mail, marked for the attention of the risk manager of the City of San José, City Hall, San José, California, and such receipt to be evidenced by return receipt for registered letter.
"The aforesaid policy includes coverage for bodily injury liability and property damage liability and property damage liability assumed, or to be assumed, by _________, hereinafter called "permittee," under the following quoted indemnity provisions in any and all written permits issued during the policy period by the director of streets and traffic of said city to said permittee for moving any building or buildings over, along or upon any public street in said city:
"Indemnity provisions
"Permittee shall indemnify the City of San José, its officers and employees against and save them, and each of them, harmless from all loss, damage, expense or liability resulting from injury to or death of any person, or damage to or destruction of any property, except
(a) Injury to or death of permittee, or
(b) Damage to or destruction of the property of permittee, caused by or claimed to have been caused by any act or omission, negligent or otherwise, of permittee, of any contractor of permittee, or any employee of either of them, and arising out of or in any way connected with the moving by or on behalf of permittee of any and all buildings over, along or upon any public street or streets in said city. Permittee shall, upon request of the City of San José, defend any suit asserting a claim covered by this indemnity, and pay and satisfy any judgment or decree that may be rendered against said city, its officers and employees or any of them, in any such suit; and permittee shall pay any costs and attorney's fees that may be incurred by said city, its officers and employees, or any of them, in connection with any such claims and suits or in enforcing this indemnity.
Dated _______, 19___
Insurer
By ___________
Insurer's Authorized Representative"
C. In lieu of the above, the city may be furnished with liability insurance in the form known as "contingent" or "owner's protective liability insurance," in form satisfactory to the risk manager, in which the city, its officers and employees, are named as insured, with minimum limits of liability as set forth in subdivisions 1 and 2 of subsection A. above, and in which are contained the following provisions:
1. A description of the operations to be insured, as follows: "All building moving operations of _______, during the policy period, as carried on under permits issued by the director of streets and traffic of the City of San José, and performed by _______, or on his behalf;"
2. A clause reading as follows: "It is understood and agreed that operations covered hereunder include operations performed for the City of San José, and all operations performed for or on behalf of others within the political boundaries of the City of San José, but only those operations performed under, or required to be performed under, permits issued by the director of streets and traffic of the City of San José. It is understood and agreed that the insured under this policy shall be the City of San José, its officers and employees, and no other person or organization;"
3. A clause deleting the provisions of the policy exclusion, if any, pertaining "to any act or omission of the named insured, or any of his or her employees, other than general supervision of work performed for the named insured by independent contractors," or other policy exclusion or exclusions of similar import; provided, however, that an exclusion of operations of the named insured, other than those in connection with house moving operations of the permittee, shall be acceptable if in any form and substance satisfactory to the risk manager;
4. A clause providing that the phrase "premises owned by or rented to the named insured," or other similar phrase, in the policy condition defining the aggregate limit of property damage liability, or in any other policy condition or exclusion, shall not be construed so as to avoid coverage for operations performed on public streets, highways, roads, avenues, lanes, alleys or other public ways of the city;
5. A clause reading as follows: "The insurance afforded by this policy shall be primary insurance to the full limits of liability stated in the declarations, and if the City of San José, its officers and employees, have other insurance against a loss covered by this policy, that other insurance shall be excessive insurance only."
(Prior code § 8508.1; Ords. 21657, 23734.)
