HomeMy WebLinkAbout2405ORDINANCE NO. 24105
AN ORDINANCE of the City of Port Angeles
revising the insurance and hold harmless
requirements tor use of the Vern Burton
Memorial Community Center, amending
Section 12.08.050 ot the Port Angeles
Municipal Code and of Section 1 of
Ordinance 2398.
THE CITY COUNCIL OF THE u1TY OF PORT ANGELES DOES
ORDAIN as follows:
Section 1. Section 12.08.050 of the Port Angeles
Municipal Code and ot Section 1 of Ordinance 2398 is hereby
amended to read as follows:
12.08.050 Permit - Issuance Prerequisites.
A. After approval of the permit application, and before
issuance of the permit, the applicant snall deposit with the City
a cash deposit or a surety bond in twice the amount of the use
fee as established pursuant to PAMC 12.08.060, or as otherwise
required by the Director but in no event to exceed $1,000. This
bond or deposit shall be used to pay costs or charges incurred to
repair damages to the City facility, or to clean up the facility
after its use. This bond or other deposit, or a portion thereof,
shall be returned to the applicant when the City is satisfied
that any damages incurred during the use ot the facility by the
applicant have been repaired and that the facility has been
cleaned to the same condition as when delivered to the applicant.
This bond or other deposit may be used by the City for repair or
clean -up if such is not done by the applicant.
B. After approval ot a permit application, and before
issuance of the permit, the applicant for any use that is either
sponsored by a corporate entity or is a special event with
significant potential liability exposure as determined by the
Director, the Risk Manager, and the City Attorney, shall furnish
to the City evidence that he has in full force and effect a
liability insurance policy with the City as an additional insured
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in an amount of not less than $300,000 bodily injury coverage per
person, and $100,000 property damage coverage per incident,
covering any bodily injury or property damage arising out or or
in any way connected with the use ot tne City facility by the
applicant; except claims for damages or personal injuries solely
and proximately caused by the City's negligence in maintaining
the facility.
C. After approval of the permit application, and before
issuance of tne permit, the applicant snall execute an agreement
to save and hold the City harmless irom, and to defend the city
against, any and all claims or causes of action arising out of or
in any way connected with tne use by the applicant ot the Vern
Burton Memorial Community Center; except for claims solely and
proximately caused by the City's negligence in the maintenance of
the facility. The Director may require that the signature on
said nold harmless agreement be notarized in circumstances that
ne deems necessary and appropriate.
D. As deemed necessary and appropriate by the Director,
atter approval of the permit application and before issuance of
the permit, the applicant shall furnish written confirmation from
the Chief of Police of the City that adequate provision has been
made by the applicant for police, security, and traffic control,
considering the type ot activity proposed by the applicant.
E. As deemed necessary and appropriate by the Director,
atter approval of the permit application and before issuance of
the permit, the applicant shall furnish written confirmation from
the Fire Chief of the City that adequate provision has been made
for compliance with all applicable tire codes and regulations.
F. After approval of the permit application, and before
issuance ot the permit, the applicant shall present written
confirmation of conformance witn any other condition or
requirement placed upon the proposed activity.
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Section 2 Severability. it any provision of this
Ordinance, or its application to any person or circumstance is
held invalid, the remainder of tne Ordinance, or the application
of the provision to other persons or circumstances is not
affected, and to this end the provisions of this Ordinance are
declared to be severable.
Section 3 Effective Date. This Ordinance shall take
exrect as provided by law.
PASSED by the City Council of the City of Port Angeles
at a regular meeting of said Council held on tne 1st day of July,
1986.
ATTEST
f ` V
Sherri L. Anderson,
Acting City Clerk
APPROVED AS TO FORM:
4v
Craig D."cnutson, City Attorney
PUBLISHED: (� 11 iq
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eQ& vAk4,4,
M A Y O R
MEMORANDUM
June 26, 1986
TO: City Council
FROM: city Attorney
RE: Amendment to vern Burton Memorial Community Center
Ordinance
ISSUE: Should the Vern Burton Memorial Community Center
Ordinance insurance and hold harmless provisions be amended?
BACKGROUND /ANALYSIS: The Ordinance governing the use of the vern
Burton Memorial Community Center requires insurance and hold
harmless agreements for corporate entities using tne tacility.
The Ordinance presently requires the applicant to cover any
bodily injury or property damage arising out of or in any way
connected with the use of this City facility by the applicant.
Some applicants and /or their insurance companies are reluctant to
provide coverage tor City negligence in maintaining the facility.
The Risk Manager and I concur in recommending two changes that we
believe would result in a reasonable compromise. First, the
applicant would not have to provide coverage tor claims that are
solely caused by negligence on the part of the City in the
maintenance of the tacility. Second, the applicant would have to
provide an insurance certificate showing the City as an
additional insured, which is presently not required by the
Ordinance.
These two suggested changes should make it easier for the
applicant to meet the insurance requirement while at the same
time providing additional protection to the City in the form of
the additional insured requirement.
RECOMMENDATION: It is recommended that tne City Council adopt
the proposed Ordinance amendment.
Craig D. Knu son
City Attorney
CDK:LM
Attachment