HomeMy WebLinkAbout2009-021 Sign Installation Insurance Requirements; YMC Amendment 10.32.030 and 11.08.140 ORDINANCE NO 2009 -21
AN ORDINANCE relating to liability insurance requirements for licensed sign installation
companies; amending Chapter 10 32 of the City of Yakima Municipal Code
( "YMC ") entitled "Street and Building Decorations ", specifically section
10 32.030A entitled "Bond — Liability insurance "; amending Chapter 11 08
entitled "Street and Building Decorations ", specifically section 11 08 140
entitled "Bond or insurance required "; and amending the indemnification
language of the referenced sections
BE IT ORDAINED BY THE CITY OF YAKIMA.
Section 1 Section 10 32.030A of the Yakima Municipal Code is amended to read as follows:
Chapter 10.32
STREET AND BUILDING DECORATIONS
10.32.030 Liability Insurance required.
A. Before any permit shall be issued to a licensed sign installation company for the
installation of outdoor banners or other decorative material for advertising or for
decorations, and as a prerequisite thereto, the licensed sign installation company shall
provide the City with a certificate of insurance as proof of commercial general liability
insurance in the amount of One Million Dollars ($1,000,000 00) combined single limit
bodily injury and property damage and Two Million Dollars ($2,000,000 00) aggregate
that clearly states who the provider is, the amount of coverage, the policy number, and
when the policy and provisions provided are in effect. Said policy shall be in effect for
the duration of the permit. The certificate of liability insurance policy shall name the
City of Yakima, its elected officials, officers, agents, employees and volunteers as
additional insureds, and shall contain a clause that the insurer will not cancel the
insurance without first giving the City thirty (30) calendar days prior written notice The
insurance shall be with an insurance company or companies rated A -VII or higher in
Best's Guide and admitted in the State of Washington. If the City is damaged by the
failure of the licensed sign installation company to maintain the above insurance or to
so notify the City, then the licensed sign installation company shall bear all costs
attributable thereto An expiration, cancellation, or revocation of the insurance policy or
withdrawal of the insurer from the insurance policy automatically suspends the permit
issued to the licensed sign installation company until a new insurance policy or
reinstatement notice has been filed and approved as provided in this section As a
further condition of the issuance of the permit, the licensed sign installation company
shall defend, indemnify, and hold harmless the City, its officers, elected officials,
employees and agents from and against any and all claims, causes of action,
damages, losses, and expenses of any kind or nature whatsoever, including but not
limited to, attomey's fees and court costs, arising out of, relating to, or resulting from
the licensed sign installation company's performance or non - performance of its work
relating to signs, including but not limited to the erection, servicing, maintaining and /or
removing of a sign or signs in the City of Yakima. The licensed sign installation
company also shall comply with all provisions of YMC 11 08 140, entitled "Liability
Insurance required"
Section 2. Section 11 08 140 of the Yakima Municipal Code is amended to read as follows
Chapter 11 08
SIGN CODE
11 08.140 Liability Insurance required.
Before any license is granted under the terms of this chapter, and as a prerequisite
thereto, the applicant will provide the City with a certificate of insurance as proof of
commercial general liability insurance in the amount of One Million Dollars
($1,000,000 00) combined single limit bodily injury and property damage and Two
Million Dollars ($2,000,000 00) aggregate that clearly states who the provider is, the
amount of coverage, the policy number, and when the policy and provisions provided
are in effect. Said policy shall be in effect for the duration of the license and /or permit.
The certificate of liability insurance policy shall name the City of Yakima, its elected
officials, officers, agents, employees and volunteers as additional insureds, and shall
contain a clause that the insurer will not cancel the insurance without first giving the
City thirty (30) calendar days prior written notice The insurance shall be with an
insurance company or companies rated A -VII or higher in Best's Guide and admitted in
the State of Washington If the City is damaged by the failure of the applicant to
maintain the above insurance or to so notify the City, then the applicant shall bear all
costs attributable thereto An expiration, cancellation, or revocation of the insurance
policy or withdrawal of the insurer from the insurance policy automatically suspends the
permit issued to the licensed sign installation company until a new insurance policy or
reinstatement notice has been filed and approved as provided in this section As a
further condition of the issuance of any license, the applicant shall defend, indemnify,
and hold harmless the City, its officers, elected officials, employees and agents from
and against any and all claims, causes of action, damages, losses, and expenses of
any kind or nature whatsoever, including but not limited to, attorney's fees and court
costs, arising out of, relating to, or resulting from the applicant's performance or non-
performance of its work relating to signs, including but not limited to the erection,
servicing, maintaining and /or removing of a sign or signs in the City of Yakima. The
applicant also shall comply with all provisions of YMC 10 32 030, entitled "Liability
Insurance required" (Ord 1638 § 1 (part), 1974)
Section 3. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is
declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the
remaining portions of this ordinance
Section 4 This ordinance shall be in full force and effect 30 days after its passage, approval, and
publication as provided by law and by the City Charter
PASSED BY THE CITY COUNCIL, signed and ap.: ed this 19` day of May, 2009
i _. /I ; i /' . /
r Da Edler, Mayor
ATTEST
a — AA 67-k an.9.___
City Clerk
Publication Date. 5/22/09
Effective Date 6/21/09
-2-
•
• BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No /5
For Meeting of May 19, 2009
ITEM TITLE Consideration of amendment to Sections 11 08 140 and 10 32 030.A of the
Yakima Municipal Code Relating to Liability Insurance Coverage
Requirements for Licensed Sign Companies
SUBMITTED BY William R. Cook, Director of Community Economic Development Department
CONTACT PERSON/TELEPHONE Joe Caruso, Acting Code Administration Manager
(575 -6257)
SUMMARY EXPLANATION
Currently 11 08 140 has the following liability insurance requirements for licensed sign companies, "a
bond in the amount of $50,000 or a certificate of insurance with coverage limits of no less than $50,000
for personal injury or death of one person, $225,000 aggregate coverage for any single accident or
occurrence and $25,000 property damage"
During the review of insurance coverage requirements outlined in 10 32 of the Yakima Municipal Code
it was determined the above - referenced insurance requirements are not sufficient for business types of
• this nature
As such, it is the recommendation of the City's insurance carrier and City staff that the above -
referenced coverage limits be increased to limits to not less than $2,000,000 combined single limit for
bodily injury and property damage arising out of any one occurrence
Further, it is staff's recommendation to amend Section 10 32 030.A to be consistent with Section
11 08 140 as minimum insurance coverage requirements for sign companies making application under
the provisions of this chapter (Banner signs)
Resolution Ordinance X Other (Specify)
Contracts Mail to (name and address)
Phone
Funding Source
APPROVED FOR SUBMITTAL. 4;-)-3.---0,44/1A--- City Manager
STAFF RECOMMENDATION Approve amendment to Chapter 11 08 and 10 32 of the
Yakima Municipal Code
BOARD /COMMISSION RECOMMENDATION
4111 COUNCIL ACTION
1