13.15.200 Insurance.*
A. Each franchisee shall obtain and maintain the following insurance throughout the term of the franchise, naming the city as an additional insured, protecting both the franchisee and the city against damages of any kind that may arise in connection with the services or work performed under the franchise and/or this chapter:
1. Commercial general liability insurance with limits not less than $2,000,000 per occurrence, which shall:
a. Provide additional insured coverage to the city and its officers and employees;
b. Apply on a primary and noncontributory basis;
c. Include a waiver of subrogation rights against the city;
d. Include coverage for bodily injury and property damage for premises/operations, products/completed operations, personal/advertising injury, contractual, independent contractors, and employers’/stop gap liability and shall not exclude SXU/subsidence perils or any similar perils; and
e. Require the carrier to provide 30 days’ written notice to the city prior to cancellation;
2. Commercial automobile liability insurance with a combined single limit of not less than $1,000,000;
3. Workers’ compensation insurance for Washington State as required by RCW Title 51; and
4. When deemed necessary by the office of the city attorney, pollution liability insurance in an amount deemed necessary by the office of the city attorney. The pollution policy shall be written on an occurrence basis and shall provide coverage for all claims, including investigation, defense, or settlement costs and expenses for bodily injury and property damage (including natural resources damages and loss of use of tangible property that has not been physically injured) arising out of pollution conditions caused or made worse by the franchisee’s work, whether performed by franchisee or by its contractors or subcontractors of any tier, including clean-up costs for a newly caused condition or a historical condition that is made worse. The franchisee shall be named insured and the city and its officers, employees and consultants shall be included as additional insureds.
B. The franchisee shall provide the city with current certificates of insurance, together with copies of all necessary endorsements or blanket policy provisions evidencing the coverages required herein.
C. The office of the city attorney may in its discretion require or accept greater, lesser or different insurance coverages than those required herein based on its assessment of the risks involved with any particular franchise.
D. Failure to maintain the required insurance shall be a basis to terminate the franchise. [Ord. 2018-09-015 § 1].
* Code reviser’s note: This section has been editorially amended to make clerical corrections per the intent of the city.