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A. Prior to the commencement of the permitted use, the permittee shall provide the city with satisfactory evidence in writing that the permittee has in force, and will maintain in force throughout the duration of the permitted use, commercial general liability insurance satisfactory in form and substance to the city, duly issued by an insurer approved by the State Insurance Commissioner pursuant to RCW Title 48.

B. The policy shall name the city of Vancouver as an additional insured, and as certificate holder, and apply as primary and noncontributory insurance, regardless of any insurance the city may carry. Also, the policy must include:

1. A “cross-liability” (severability of interest) clause; and

2. A provision that the city be notified not less than 30 days prior to cancellation of the policy, except in the case of nonpayment, when less than 10 days prior notice is required; and

3. All policies shall be written on an occurrence form, with the exception of any cyber liability/errors and omissions policy(ies); and

4. The following coverage and minimum limits:

a. If Type A – short-term permit, shall maintain a policy of commercial general liability insurance with the following minimum limits:

i. Each occurrence, $1,000,000.

ii. General aggregate, $1,000,000.

iii. Products and completed operations aggregate, $2,000,000.

iv. Personal and advertising injury, each offense, $1,000,000.

b. If Type B – encroachment permit, shall maintain a policy of commercial general liability insurance with the following minimum limits:

i. Each occurrence, $500,000.

ii. General aggregate, $500,000.

iii. Products and completed operations aggregate, $1,000,000.

iv. Personal and advertising injury, each offense, $500,000.

c. If Type C – temporary use and occupation permit, shall maintain a policy of commercial general liability insurance with the following minimum limits:

i. Each occurrence, $1,000,000.

ii. General aggregate, $1,000,000.

iii. Products and completed operations aggregate, $2,000,000.

iv. Personal and advertising injury, each offense, $1,000,000.

d. If Type D – long-term right-of-way use and occupation permit, shall maintain a policy of commercial general liability insurance with the following minimum limits:

i. Each occurrence, $1,000,000.

ii. General aggregate, $1,000,000.

iii. Products and completed operations aggregate, $2,000,000.

iv. Personal and advertising injury, each offense, $1,000,000.

Excess or umbrella liability coverage at limits of $5,000,000 per occurrence and annual aggregate.

e. If Type E – material encroachment permit, shall maintain a policy of commercial general liability insurance with the following minimum limits:

i. Each occurrence, $1,000,000.

ii. General aggregate, $1,000,000.

iii. Products and completed operations aggregate, $2,000,000.

iv. Personal and advertising injury, each offense, $1,000,000.

Excess or umbrella liability coverage at limits of $10,000,000 per occurrence and annual aggregate.

C. The director may require submittal of proof of liability insurance for any vehicles to be used in the course of conducting the permitted use.

D. Notwithstanding subsection B of this section, the director may reduce the dollar value of insurance requirements where he determines that:

1. The risk profile of the permitted activity is low because of:

a. The length of time of the proposed activity; and

b. The nature and location of the activity; and

c. The low potential of the activity for injury to a person or damage to public or private property; and

d. The limited scope of the activity.

2. The permittee’s prior performance has been satisfactory and not in violation of any requirement under the code or other applicable law or regulation.

E. Notwithstanding the insurance requirements in subsections B and C of this section and except for a right-of-way use where the sale of alcoholic beverages is authorized, the director may waive the insurance requirements of this section. In making the determination of whether to waive insurance, the director shall consider the following factors:

1. Whether it is objectively impossible to obtain insurance coverage. To claim that it is objectively impossible to obtain insurance coverage pursuant to this section, the applicant shall submit a statement from at least two independent licensed insurance brokers demonstrating the insurance is unavailable in the market place; and

2. Whether the proposed right-of-way use will involve the use of equipment (other than sound equipment), vehicles, animals, fireworks, or pyrotechnics; and

3. Whether a fee or donation is charged or required by the permit holder; and

4. Whether the proposed use is for a Type A permit for a block party for residential neighbors to be conducted on a local street that will be closed for the duration of the small event; and

5. Whether the proposed use is for landscaping or gardening in the right-of-way by a nearby property owner or owners; and

6. Whether the proposed use meets the criteria for reduction in the dollar value of insurance requirements as set forth in subsection D of this section.