§ 78-346. Liability and insurance.

(a)

The permittee agrees to indemnify, defend, save, and hold harmless the city, its officers and employees from any and all claims, liability, lawsuits, damages and causes of action which may arise out of the permit or the permittee's activity on the demised premises.

(b)

The permittee agrees to meet and maintain for the entire permit period, at its own expense, the following requirements:

(1)

Commercial general liability insurance in the amount of $1,000,000.00, per occurrence, for bodily injury and property damage. The city must be named as an additional insured on this policy, and a certificate of insurance containing an endorsement must be issued as part of the policy.

(2)

For sidewalk cafes which serve alcoholic beverages, alcoholic-license liability insurance in the amount of $1,000,000.00 per occurrence for bodily injury and property damage. The city must be named as an additional insured on this policy and a certificate of insurance containing an endorsement must be issued as part of the policy.

(3)

Workers' compensation and employers' liability as required by the state.

(4)

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.

(5)

The city must receive 30 calendar days' written notice prior to any cancellation, nonrenewal or material change in the coverage provided.

(6)

The permittee must provide and have approved by the city an original certificate of insurance as evidence that the requirements set forth in this section have been met prior to commencing operations. Failure to comply with these requirements shall cause a suspension or revocation of the permit.

(Code 1979, § 26-340)