6.17.150 Liability and insurance.
A.
1. The company shall maintain and by its acceptance of the franchise specifically agrees that it will maintain throughout the term of the franchise, liability insurance insuring the city, and the company, in the minimum amount of:
a. Two million dollars for personal injury or death to any person and $5,000,000 aggregate for personal injury or death per single accident or occurrence;
b. Two million dollars for property damage to any one person and $5,000,000 aggregate for property damage per single accident or occurrence;
c. Two million dollars for all other types of liability including claims for damages for invasion of the right of privacy; for defamation of any person, firm, or corporation; for the violation or infringement of any copyright, trademark, trade name, service mark or patent; or for damage to any other person, firm, or corporation arising out of or alleged to arise out of failure to comply with the provisions of any statute, regulation or resolution of the United States, state of Washington, or any local agency with jurisdiction.
2. The city may at its option review all insurance coverage. If it is determined by the city risk manager (or other appropriate official) that circumstances require and that it is reasonable and necessary to increase insurance coverage and liability limits to adequately cover the risks of the city and the company, the city may require additional insurance to be acquired or limits increased. The city shall provide the company with written notice should it exercise its right to require additional insurance.
B. Any insurance policy obtained by the company in compliance with this section must be approved by the city attorney. Such insurance policy, along with written evidence of payment of required premiums, shall be filed and maintained with the finance director during the term of the franchise. The company shall immediately advise the city attorney of any litigation that may develop that would affect this insurance.
C. Neither the provisions of this section, nor any recovery by the city under the insurance provided thereunder, shall be construed to limit or actually limit the liability of the company under any franchise issued pursuant to this chapter or for damages otherwise recoverable by the city from the company.
D. All insurance policies maintained pursuant to this franchise shall contain the following endorsement:
It is hereby understood and agreed that this insurance policy shall not be canceled by the surety nor the intention not to renew be stated by the surety until 30 days after receipt by the City Attorney, by registered mail, of a written notice of such intention to cancel or not to renew.
[Ord. 2012-05-030; Ord. 1998-09-075; Ord. 8999 § 15, 1981].