7.04.080 Insurance.
Notwithstanding any other provisions of this Code, whenever the Director of Public Works or Building
Officer determines that any work proposed to be performed under any permit issued by the Director of Public Works
or the Building Officer might constitute more than ordinary hazard to human life or might endanger any adjoining
or nearby public or private property, he may require, as a condition precedent to the issuance of such permit, that
there be provided and maintained either or both of the following insurance coverages in an amount recommended
by the Director of Public Works or the Building Officer and approved in substance and form by the City Attorney
in an insurance company acceptable to and approved by the City Attorney:
1. Personal injury and property damage coverage as to all work to be performed under such permit;
or
2. The following coverage, for the benefit of the City, either by way of endorsement or separate
policy, or such modification thereof as may be acceptable to and approved by the City Attorney.
The company agrees to defend, indemnify, and save harmless the City and each of its officers, agents, and
employes from and against any and all liabilities, demands, claims, damages, losses, costs, and expenses of
whatsoever kind or nature, including, but not limited to, any and all direct and indirect costs of defense made against
or incurred or suffered by, any such indemnitee as a direct or indirect consequence of injury, sickness, or disease,
including death, to persons or injury to, or destruction of, property including, but not limited to, the loss of use of
property resulting directly or indirectly from, or in any manner connected with or pertaining to, the hereinafter
described activities or conditions.
This indemnity shall include, but not be limited to, any and all liabilities, demands, claims, damages, losses,
costs, and expenses claimed by any named insured or be any officer, agent, or employe of any named insured or
caused, or alleged to have been caused, by any negligent or other act of any such indemnitee.
Written notice to the company or any of its authorized agents by any such indemnitee of any liability
demand, claim, damage, loss, cost or expense as soon as practicable after such indemnitee acquires knowledge
thereof shall constitute sufficient compliance with the requirements for notice under this policy for the purpose of
this endorsement.
This policy shall not be canceled, nor shall there be any reduction in coverage or limits of liability unless
and until thirty (30) days written notice thereof has been served upon the City Clerk of the City of Santa Monica.
This endorsement shall control over all other provisions of this policy and other endorsements thereto.
Described activities and conditions: All operations, activities, and conditions in any manner connected with
or pertaining to any work performed under the following described permit: (describe permit)
Special exclusions applicable to the coverage: The coverage granted by this endorsement does not apply:
1. To liability assumed by the City of Santa Monica and each of its officers, agents, and employes
under any contract or agreement.
2. To any obligation for which the City of Santa Monica may be held liable under any Workmen's
Compensation or disability benefits' law or under any similar law; or
3. To injury to, or destruction of, property owned or occupied by or rented to or used by the City of
Santa Monica, its officers, agents, and employes. (Prior code § 7105B; added by Ord. No. 570CCS, adopted 9/4/62,
effective 9/4/62)