§ 158-17. Liability insurance; indemnification of Town.  


Latest version.
  • A. 
    In consideration of the Town issuing a municipal hauler license to an applicant, the applicant shall agree, upon the issuance of such license to the applicant, that the applicant shall indemnify, hold harmless and defend the Town and its officers and employees from and against any and all claims, demands, losses, damages, costs, payments, actions, recoveries, judgments and expenses of every kind, nature and description, including without limitation all engineers' and attorneys' fees, fines, penalties and cleanup costs resulting from any such claim, etc., arising out of or connected in any way with the applicant's acting as hauler or the applicant's involvement or participation in the collection, distribution or transportation of solid waste.
    B. 
    The hauler, as a condition of obtaining a municipal hauler license, shall provide and maintain the following insurance coverages at limits to be set from time to time by resolution of the Town of DeWitt Town Board:
    (1) 
    Public liability (CGL) including contractual coverage with a combined single limit of at least $1,000,000 per occurrence and $1,000,000 in the aggregate in the primary policy.
    (2) 
    Automobile liability coverage for all owned, hired and nonowned vehicles, with a combined single limit of at least $1,000,000 in the primary policy.
    (3) 
    An umbrella policy in the amount of at least $5,000,000 that follows the coverage forms of the underlying policies, or is broader:
    Type
    Automobile
    Other
    Bodily injury liability
    Each person
    $5,000,000
    $5,000,000
    Each occurrence
    $5,000,000
    $5,000,000
    Aggregate (completed operations, products liability)
    --
    $5,000,000
    Property damage liability, each occurrence
    $1,000,000
    $1,000,000
    Aggregate
    --
    $2,000,000
    Excess umbrella occurrence and aggregate
    $5,000,000
    $5,000,000
    (4) 
    Workers' compensation coverage.
    C. 
    All liability policies shall name the Town as an additional insured.
    D. 
    Each policy of insurance shall be endorsed to contain the following language:
    "The Town will be given 30 days prior written notification of any cancellation, nonrenewal or modification of this policy which reduces or limits coverage, at the following address: 5400 Butternut Drive East Syracuse, NY 13057."
    E. 
    Prior to the issuance of any Town hauler license, the hauler must provide to the Town Clerk proof of insurance coverage in a form to be determined from time to time by resolution of the Town Board.