Chapter 4.84

INSURANCE REQUIREMENTS FOR USE OR OCCUPANCY OF CITY-OWNED REAL PROPERTY*

Sections:

• 4.84.010 Purpose.

• 4.84.020 Definitions.

• 4.84.030 Insurance requirements.

• 4.84.040 Duration.

• 4.84.050 Cost.

• 4.84.060 Proof of insurance.

• 4.84.070 Time for providing proof of insurance.

• 4.84.080 Contract requirement.

• 4.84.090 Waiver.

The purpose of this Chapter 4.84 is to set forth the insurance requirements that must be included in any Use Agreement, as that term is defined herein. (Ord. 30308.)

In accordance with California Government Code Sections 935(b) and 945.6, no action against the city may be maintained by a person who has not complied with applicable claims presentation requirements. (Ord. 27787.)

Any action brought against the city upon any claim or demand shall conform to the requirements of Section 940 through and including Section 949

For purposes of this Chapter 4.84, the following words have the following meanings.

• A. "Risk Manager" means the person from the City responsible for reviewing, deter-

*Editor’s note— Ord. 30308, § 4, adopted Sept. 24, 2019, amended Ch. 4.84 in its entirety in effect repealing said chapter, §§ 4.84.010 - 4.84.030, and reenacting a new chapter, §§ 4.84.010 - 4.84.090, as set out herein. Former Ch. 4.84 pertained to Insurance Requirements for Certain Public Works Contracts and Use or Occupancy of City-Owned Real Property and derived from Ord. 20996.

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REVENUE, FINANCE AND BUSINESS TAXES

§ 4.86.010

mining and establishing appropriate insurance coverage and requirements for City contracts.

• B. "Use Agreement" means any City license, permit, lease, concession or other agreement that allows a Person to occupy or use any real property of the City or any structures or improvements on such real property.

• (Ord. 30308.)

The Risk Manager will determine and establish, consistent with this Chapter 4.84, the appropriate insurance requirements, including coverages and coverage amounts, for all Use Agreements. (Ord. 30308.)

The Person executing a Use Agreement with the City must maintain the required insurance for the full term of the Use Agreement. (Ord. 30308.)

The Person executing a Use Agreement with the City is solely responsible for all costs and expenses associated with obtaining the insurance required by this Chapter 4.84. (Ord. 30308.)

• A. The Person executing a Use Agreement with the City must provide proof of insurance in the form of a complete and properly issued certificate of insurance, together with copies of all required endorsements.

• B. Proof of insurance must be submitted to, and approved by, the Risk Manager.

• (Ord. 30308.)

No Person can occupy or use any real property of the City or any structures or improvements

on such real property pursuant to a Use Agreement until the required proof of insurance has been submitted to, and approved by, the Risk Manager. (Ord. 30308.)

Appropriate provisions implementing the insurance requirements of this Chapter 4.84 will be placed in all Use Agreements. (Ord. 30308.)

Only the Council may waive the requirement of insurance for Use Agreements. (Ord. 30308.)