City Insurance Specifications and Indemnification Clause

For your convenience, you can now use the city's tenant user liability insurance program to obtain event insurance coverage that automatically meets City of Phoenix requirements.

INDEMNIFICATION CLAUSE:
Event Sponsor ("Sponsor") shall indemnify, defend, save and hold harmless the City of Phoenix and its officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Sponsor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers’ Compensation Law or arising out of the failure of Sponsor to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Sponsor from and against any and all claims. It is agreed that Sponsor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. In consideration of permission to hold the event, the Sponsor agrees to waive all rights of subrogation against the City, its officers, officials, agents and employees for losses arising out of or resulting from the event. 

INSURANCE REQUIREMENTS:
Sponsor and subcontractors shall procure and maintain until all of their obligations have been discharged insurance against claims for injury to persons or damage to property which may arise from or in connection with the event.

The insurance requirements herein are minimum requirements and in no way limit the indemnity covenants contained in this agreement. The City in no way warrants that the minimum limits contained herein are sufficient to protect the Sponsor from liabilities that might arise out of the activities encompassed by this agreement by the Sponsor, its agents, representatives, employees or subcontractors and Sponsor is free to purchase additional insurance as may be determined necessary. 

  • A. MINIMUM SCOPE AND LIMITS OF INSURANCE: Sponsor shall provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a “following form” basis.

    1. Commercial General Liability – Occurrence Form
    Policy shall include bodily injury, property damage and broad form contractual liability coverage.
    • General Aggregate $2,000,000
    • Products – Completed Operations Aggregate $1,000,000
    • Personal and Advertising Injury $1,000,000
    • Each Occurrence $1,000,000
    • Fire Damage (Damage to Rented Premises) $ 50,000
    • Liquor Liability (if alcohol is being sold) $1,000,000
    a. The policy shall be endorsed to include the following additional insured language: "The City of Phoenix shall be named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Sponsor."
    b. The policy shall be endorsed to include Liquor Liability coverage if alcohol is being sold at the event.

    2. Automobile Liability
    Bodily Injury and Property Damage for any owned, hired, and non-owned vehicles.
    Combined Single Limit (CSL) $1,000,000.
    a. The policy shall be endorsed to include the following additional insured language: "The City of Phoenix shall be named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Sponsor, including automobiles owned, leased, hired or borrowed by the Sponsor."
    3. Worker's Compensation and Employers' Liability
  1. Workers' Compensation              Statutory
    Employers' Liability

    Each Accident                           $100,000
    Disease – Each Employee       100,000
    Disease – Policy Limit              $500,000

    a. Policy shall contain a waiver of subrogation against the City of Phoenix.
    b. This requirement shall not apply when a contractor or subcontractor is exempt under A.R.S. 23-901, AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form.

 

  • B. ADDITIONAL INSURANCE REQUIREMENTS: The policies shall include, or be endorsed to include, the following provisions:
    1. On insurance policies where the City of Phoenix is named as an additional insured, the City of Phoenix shall be an additional insured to the full limits of liability purchased by the Sponsor even if those limits of liability are in excess of those required by this agreement.
    2. The Sponsor's insurance coverage shall be primary insurance and non- contributory with respect to all other available sources.
  • C. NOTICE OF CANCELLATION: Each insurance policy required by the insurance provisions of this Contract shall provide the required coverage and shall not be suspended, voided or canceled except after thirty (30) days prior written notice has been given to the City, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given. Such notice shall be sent directly to City of Phoenix Parks and Recreation Department, Special Events, 200 W. Washington, 16th Floor, Phoenix, AZ, 85003.
  • D. ACCEPTABILITY OF INSURERS: Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Arizona and with an “A.M. Best” rating of not less than B+ VI. The City in no way warrants that the above- required minimum insurer rating is sufficient to protect the Sponsor from potential insurer insolvency.
  • E. VERIFICATION OF COVERAGE: Sponsor shall furnish the City with certificates of insurance (ACORD form or equivalent approved by the City) as required at least two (2) weeks prior to the event. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and any required endorsements are to be received and approved by the City before the event commences. Each insurance policy required by this agreement must be in effect at or prior to commencement of the event and remain in effect for the duration of the event. Failure to maintain the insurance policies as required by this Contract or to provide evidence of renewal is a material breach of contract. All certificates required shall be sent directly to City of Phoenix Parks and Recreation Department, Special Events, 200 W. Washington, 16th Floor, Phoenix, AZ, 85003. The event title and location shall be noted on the certificate of insurance. The City reserves the right to require complete, certified copies of all insurance policies required at any time. DO NOT SEND CERTIFICATES OF INSURANCE TO THE CITY'S RISK MANAGEMENT DIVISION.
  • F. SUBCONTRACTORS: Sponsor's certificate(s) shall include all subcontractors as additional insureds under its policies or Sponsor shall furnish to the City separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum requirements identified above.
  • G. APPROVAL: Any modification or variation from these insurance requirements shall be made by the Law Department, whose decision shall be final. Such action  will not require a formal Contract amendment, but may be made by administrative action.

 

 

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