§ 31-30. Insurance requirements.

Solid waste collector licensees shall procure, and maintain for the duration of their license, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the licensee, and the licensee's agents, representatives, employees and subcontractors.

(a)

Minimum Limits of Insurance. The licensee shall maintain limits no less than:

(1)

General Liability. Five million dollars ($5,000,000.00) combined single limit per occurrence for bodily injury, personal injury and property damage.

(2)

Automobile Liability. Five million dollars ($5,000,000.00) combined single limit per accident for bodily injury and property damage.

(3)

Workers' Compensation and Employer's Liability. Workers' compensation and employer's liability coverage limits as required by the Labor Code of the State of California.

(4)

Pollution (Environmental Impairment) Liability Insurance. Five million dollars ($5,000,000) per occurrence covering claims for on-site, under-site, or off-site bodily injury and property damage as a result of pollution conditions arising out of its operations.

(b)

Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions must be declared on certificates of insurance and approved by the County. At the option of the County, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the County, its officers, officials, employees and volunteers; or the licensee shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

(c)

Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions:

(1)

General Liability and Automobile Liability Coverages.

a.

The County, its officers, officials, employees and volunteers shall be covered as insured as respects: liability arising out of activities performed by or on behalf of the licensee, including the insured's general supervision of the licensee; products and completed operations of the licensee; premises owned, leased, hired or borrowed by the licensee. The coverage shall contain no special limitations on the scope of protection afforded to the County, its officers, officials, employees or volunteers.

b.

The licensee's insurance coverage shall be primary insurance as respects the County, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the County, its officers, officials, employees or volunteers shall be excess of the licensee's insurance and shall not contribute with it.

c.

Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the County, its officers, officials, employees or volunteers.

d.

The licensee's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

(2)

All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice has been given to the County by certified mail, return receipt requested.

(d)

Acceptability of Insurers. Insurance is to be placed with insurers licensed to conduct business in the State of California and who have a Best's rating of no less than B: VII. If the insurer is not licensed to conduct business in the State of California, the insurer shall have a Best's rating of no less than A: VII.

(e)

Verification of Coverage. Licensee shall furnish the LEA with certificates of insurance and with original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the LEA before a license is granted. The LEA reserves the right to require complete, certified copies of all required insurance policies, at any time.

(f)

Subcontractors. Licensees shall include all subcontractors as insured under its policies or require all subcontractors to be insured under their own policies and to furnish LEA separate certificates and endorsements. All coverages for subcontractors shall be subject to all the requirements stated herein.

(Ord. No. 3336, § 2, 5-27-97)

(Ord. No. 4088, § 43, 11-4-14)