§ 331-161. Liability and insurance.

A. 

As a condition to the issuance of the permit, a valet operator shall submit to the City to the satisfaction of the Corporation Counsel its agreement, in writing, to indemnify, hold harmless and defend the City and the Business Improvement District, its representatives, employees, and elected and appointed officials, from and against all liability, claims, damages, suits, losses, and expenses of any kind, including reasonable attorney's fees and costs for appeal, associated with or arising out of or from the Special Permit allowed under this Article, the use of ROW or other public areas for valet operations or arising from any negligent act, omission or error of the valet operator, its agents or employees or from the failure of the valet operator, its agents or employees, to comply with each and every requirement of this Article or with any other federal, state, or local traffic law or any combination of same.

B. 

The valet operator shall provide and maintain such commercial general liability and property damage insurance subject to the approval of the Corporation Counsel to protect the City from all claims and damage to property or bodily injury, including death, which may arise from valet operations. Such insurance, shall be provided from an insurance company with an A.M. Best rating of not less than "A" and a financial strength rating of not less than "VII," acceptable to the Corporation Counsel, and shall provide coverage of not less than $1,000,000 combined single limit of liability per occurrence for bodily injury, and property damage including blanket contractual liability and all broad form comprehensive general liability enhancements. Such insurance shall be without prejudice to coverage otherwise existing and shall name as additional insured the City of New Rochelle, Mayor and City Council, and its officers and employees, and shall further provide that the policy shall not terminate or be canceled prior to the completion of the permit period without 60 days' written notice to the Building Official and the Commissioner of Development at the address shown in the permit. Additionally, the valet operator shall provide "garage keepers" legal liability insurance providing specified causes of loss coverage, collision coverage, and comprehensive coverage for vehicles under the control of the valet parking operator with a minimum of $1,000,000 per location. Further, the valet operator must provide workers' compensation to all their employees and must provide the Corporation Counsel with a certificate of insurance for New York State Workers' Compensation Insurance at the state statutory limit. The valet operator must also provide coverage for employee dishonesty at a minimum of $10,000.

(1) 

The City will accept $1,000 physical damage deductibles with the understanding that the valet operator will pay the Claimant this amount directly. If the City of New Rochelle is forced to pay the damaged party, they will seek reimbursement, including the cost of labor to do so.

C. 

The operator shall provide proof of all required insurance in the form of a policy endorsement prior to receiving a permit and upon each renewal thereafter.