16.40.530 Pedicab and Quadricycle Insurance Requirements.

City Code Section

A.  Coverages and Limits. All Pedicab and Quadricycle Transportation Company permit holders must obtain, comply with, and maintain the minimum levels of insurance coverage outlined below during the entire term that the permit is valid:

1.  Commercial Business Insurance. Company permit holders must secure and maintain a commercial general liability policy reflecting limits of no less than $1 million per occurrence and $2 million aggregate for covered claims arising out of, but not limited to, bodily injury and property damage, in the course of the permit holder’s work under a PFHT permit.

2.  Worker’s Compensation and Employers’ Liability Insurance. The company permit holder must secure and maintain a worker’s compensation and employer liability policy where required by state law.

B.  Additional Policy Conditions. Policies required under Subsection 16.40.530 must also contain, include, provide for, or comply with the following:

1.  The commercial general liability coverage must name the City and its officers, agents, and employees as additional insureds as respects to claims, in the course of the permit holder’s work as a PFHT company, covered by such policies;

2.  Policy coverages must be primary and non-contributory, and any insurance coverage maintained by the City must be considered excess;

3.  The insurance limits are subject to statutory changes as to maximum limits of liability imposed on municipalities of the State of Oregon during the permit’s term;

4.  The insurance policy must allow for written notice to the Director 30 days before any policy is canceled;

5.  The insurance policy must allow for 30 days’ written notice to the Director before a policy will expire or be reduced in coverage;

6.  All insurance companies issuing policies within this section shall be rated by A.M. Best Company and carry at least a rating of A.M. Best A- or better; and

7.  The adequacy of insurance coverage outlined in this section is subject to the review and approval of the City Attorney’s Office.

C.  Permit Holder’s Insurance Obligations. All Pedicab and Quadricycle Company permit holders must comply with the following obligations with respect to insurance reporting, updating, and filing:

1.  The permit holder must maintain continuous, uninterrupted coverage for the duration of the permit. Any lapse in insurance coverage, even if it is later backdated by the insurance company, is subject to a civil penalty.

2.  The permit holder must file a certificate of liability with the Director that evidences insurance coverage and terms that are in compliance with the requirements of this section. The certificate of liability must be on a standard ACORD form or its equivalent.

3.  The permit holder must file with the Director a copy of the insurance company-issued additional insured endorsements naming the City and its officers, agents, and employees as additional insureds.

D.  Alternative to Insurance Requirements. Alternatives to insurance, such as self- insurance, may occur only if the level of coverage and the terms, conditions and obligations meet the same or higher requirements as found in Section 16.40.530 (and only if the public safety and well-being is not endangered thereby. The adequacy of proposed alternative insurance coverage is subject to approval by the City Attorney’s Office before such alternative insurance may become effective.

E.  Failure to comply with any provisions in Section 16.40.530 is a Class B violation subject to penalties provided in Sections 16.40.930 to 16.40.950.