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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 -1- 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. -2-- 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 -3- 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