§ 270-110. INSURANCE REQUIREMENTS

Without limiting the Permittee's indemnification of the County the Permittee shall provide and maintain at its own expense, the following insurance coverages and provisions:

(a)

Prior to the commencement of services, the Permittee shall provide certificates of insurance certifying that all coverages as required herein has been obtained and remains in force at such time as the permit is valid. Any required endorsement shall either be attached to the certificate or certified as issued on the certificate. All certificates of insurance shall be sent to the following address:

Sutter County Risk Manager
1160 Civic Center Blvd.
Yuba City, Calif. 95993

Permittee shall not commence services until it has obtained all insurance required and certificates of insurance have been provided to County. All certificates of insurance shall provide that the County will receive 30 days' prior written notice of cancellation or major modification before the expiration date.

(b)

General Liability Insurance Requirements. Comprehensive General Liability Insurance or Commercial General liability for bodily injury (including death), personal injury and property damage which provides limits of not less than three million dollars ($3,000,000.00) each occurrence and written on an occurrence basis. Each type of insurance shall include coverage for Premises/Operations, Products/Completed Operations, and Personal Injury. General Liability Insurance coverage shall include the following endorsements:

(1)

Additional Insured Endorsement: Insurance afforded by this policy shall also apply to the County of Sutter, and members of the Board of Supervisors of the County of Sutter, the officers, agents, and employees, of the County of Sutter, individually and collectively, as additional insureds.

(2)

Primary Insurance Endorsement: Insurance afforded by the Additional Insured Endorsement shall apply as primary insurance, and other insurance maintained by the County of Sutter, its officers, agents and employees shall be excess only and not contributing with insurance provided under this policy.

(3)

Notice of Cancellation or Change of Coverage Endorsement: Insurance provided by this policy shall not be cancelled or changed so as to no longer meet the specified County insurance requirements without 30 days' prior written notice of such cancellation or change being delivered to the County of Sutter at the address to which the Certificate of Insurance is sent as specified above.

(4)

Severability of Interest Endorsement: Insurance provided by this policy shall apply separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the policy's limits of liability.

The endorsements required by Section 270-110(b)(2), (3), and (4) above are not required if the policy provides for these provisions without endorsement.

(c)

Automobile Liability Insurance Requirements. For bodily injury (including death) and property damage which provides total limits of not less than three million ($3,000,000.00) combined single limit per occurrence applicable to each unit placed in operation by Permittee.

(d)

Workers' Compensation and Employers' Liability Insurance with statutory California Workers' Compensation coverage and Employer's Liability coverage of not less than one million dollars ($1,000,000.00) per occurrence for all employees engaged in Services or operations under this Permit.

(e)

Professional Liability Insurance in an amount of not less than three million ($3,000,000.00) and written on an occurrence basis:

If coverage is written on a claims-made basis, such policy shall provide that:

(1)

The policy retroactive date coincides with or precedes Permittee's commencement of service (including subsequent policies purchased as renewals or replacements).

(2)

If the policy is terminated for any reason during the term of this Permit, Permittee shall purchase a replacement policy with a retroactive date coinciding with or preceding the retroactive date of the terminating policy, or shall purchase an extended reporting provision of at least two years to report claims arising from work performed in connection with this agreement and a replacement policy with a retroactive date coinciding with or preceding the expiration date of the terminating policy.

(3)

If this permit is terminated or not renewed, Permittee shall maintain the policy in effect on the date of termination or non-renewal for a period of not less than two years therefrom. If that policy is terminated for any reason during the two-year period, Permittee shall purchase an extended reporting provision at least covering the balance of the two-year period to report claims arising from services performed in connection with this permit, or a replacement policy with a retroactive date coinciding with or preceding the retroactive date of the terminating policy.

(f)

Each unit placed in operation by the Permittee shall be included within the required insurance coverage and limits.

(g)

Upon receipt of any notice or cancellation or non-renewal of an insurance policy, the County shall either:

(1)

confirm that the Permittee immediately reinstates insurance coverage prior to cancellation;

(2)

Procures substitute Permittee coverage and order the Permittee to cease service in Sutter County and to surrender any permit issued pursuant to this chapter;

(3)

See that the insurance is reinstated at the Permittee's expense; or

(4)

Obtain substitute Permittee coverage until the matter is resolved at Permittee's expense.

(h)

Indemnification. Permittee will agree to indemnify, defend (upon County's written request), protect, and hold harmless the County and County's officers, employees, and agents against all liabilities, claims, demands, damages, and costs (including attorney's fees and litigation costs through final appeal) to the extent that they arise from acts or omissions by the Permittee or the Permittee's officers, employees, or agents. Permittee's obligation under this section covers but is not limited to liabilities, claims, demands, damages, and costs arising from injury to, or death of, any person and from damage to, or destruction of, any property as used in this section.

(1)

"Property" is to be interpreted expansively and includes but is not limited to the environment, Permittee's and County's real and personal property, and the personal and the personal property of County's tenants; and

(2)

"Person" is to be interpreted expansively and includes but is not limited to Permittee's officers, employees, agents, material men, and suppliers, and County's officers, employees, agents, and tenants.

(i)

Permittee's obligation under this section shall survive the termination of this permit.

(j)

The Board of Supervisors upon the written request of the Permittee may waive in part or in whole any of the insurance requirements.