CC 2020-08-11_11a Wifi Service at Elm Street ParkMEMORANDUM
TO: CITY COUNCIL
FROM: WHITNEY MCDONALD, ACTING DEPUTY CITY MANAGER/
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: CONSIDERATION OF PROPOSAL BY PEAKWIFI TO PROVIDE FREE
WIFI SERVICE AT ELM STREET PARK
DATE: AUGUST 11, 2020
SUMMARY OF ACTION:
Approval of a proposal from PeakWiFi to provide free wifi service at Elm Street Park for
purposes of supporting online distance learning during the COVID-19 pandemic.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Staff time is necessary to evaluate the request to provide free wifi service at Elm Street
Park, including evaluation of security, IT, legal, and physical infrastructure concerns and
needs. The City will be required to install an additional electrical outlet at the Elm Street
Park gazebo to support the equipment necessary to provide the wifi signal. All other
equipment and services are being supplied by PeakWiFi at no cost to the City or to the
public.
RECOMMENDATION:
It is recommended the City Council adopt a Resolution approving a License Agreement
authorizing installation and operation by PeakWiFi of a free wifi system at Elm Street Park
for purposes of supporting online distance learning during the COVID-19 pandemic.
BACKGROUND:
On July 14, 2020, the Lucia Mar Unified School District (LMUSD) Board of Trustees voted
to begin the 2020-2021 academic year using an entirely remote or distance learning
platform in light of the COVID-19 pandemic.
On July 17, 2020, Governor Gavin Newsom and the State Public Health Officer issued
an order restricting in-person instruction at school districts located in counties that are on
the State’s monitoring list. Counties are placed on the State’s monitoring list if they meet
certain epidemiological criteria or resource constraints, such as COVID-19 infection rates
of more than 100 per 100,000 residents. The County of San Luis Obispo has been on the
State’s monitoring list since July 13, 2020. As a result, all school districts in our county
may not offer in-person instruction unless waivers are granted for certain elementary
schools. Under the current State order, in-person instruction may resume only after the
County has been removed from the State’s monitoring list for fourteen (14) days.
Item 11.a. - Page 1
CITY COUNCIL
CONSIDERATION OF PROPOSAL BY PEAK WIFI TO PROVIDE FREE WIFI SERVICE
AT ELM STREET PARK
AUGUST 11, 2020
PAGE 2
As schools resume instruction in the fall using an entirely remote or distance learning
platform, the community will experience an increased need for adequate access to the
internet. The LMUSD is conducting a survey to determine the total number of families
without reliable internet access. When last evaluated, the LMUSD estimated that roughly
200 families in the District are without any internet access at home. Some families that
do have internet access do not have reliable service with sufficient bandwidth to support
online learning.
PeakWiFi is a local business that provides wireless internet service to homes,
businesses, and local agencies in the South County. PeakWiFi has offered to provide free
wifi at parks in Arroyo Grande in an effort to provide sufficient internet access to students
who will be learning remotely in the fall due to the COVID-19 pandemic. After discussions
with staff, it was determined that the Elm Street Park is the most appropriate City park for
such a wifi system at this time.
ANALYSIS OF ISSUES:
Access to reliable internet is essential for students to meet their educational needs. This
need is even greater at this time when in-person instruction is prohibited due to the
COVID-19 pandemic. Offering access to the internet via free wifi at our local parks will
provide an opportunity for students and their families who either cannot afford internet
service or who have unreliable service to access the internet to meet their educational
needs in an environment that allows physical distancing. In addition, providing access to
wifi at our parks will support the overall wellbeing of students and families through greater
access to the outdoor environment.
The proposal to provide free wifi service for students at Elm Street Park is being presented
to the City Council for consideration as a pilot program to determine overall effectiveness
and demand. If the program is successful, other City parks may be considered depending
on need and on the interest and willingness of PeakWiFi to expand this service. If public
safety or other issues develop with improper use of the service, the program may be
discontinued. Because the intent of this program is to provide internet access to students
who are learning remotely during the COVID-19 pandemic, staff will reevaluate the
program when the restrictions on in-person instruction are lifted. At that time, staff will
work with PeakWiFi and return to the City Council with a recommendation on whether
free wifi services should continue.
The Proposed Equipment
PeakWiFi proposes to install equipment within the gazebo at Elm Street Park in order to
provide internet service to students and their families, including wireless access points,
ISO stations, a power over ethernet (POE) switch, a router/firewall, two weather-proof
cabinets, and various cabling and hardware.
In addition, the City will be required to install a new electrical outlet to power the antenna.
The outlet will be located on the ceiling of the gazebo and will not be accessible to the
public.
Item 11.a. - Page 2
CITY COUNCIL
CONSIDERATION OF PROPOSAL BY PEAK WIFI TO PROVIDE FREE WIFI SERVICE
AT ELM STREET PARK
AUGUST 11, 2020
PAGE 3
Proposed Safety Measures
PeakWiFi and City staff have considered a number of questions and concerns regarding
the safety of the proposed wifi services at Elm Street Park. Responses to these concerns
are offered below.
1. Is the network going to be secure for the students?
Yes, the network will use industry standard security protocols similar to other public wifi,
such as in an airport or hotel. Security and login will be handled through a standard wifi
password provided to LMUSD students, which will be periodically changed. Some
students will be issued Chromebooks from LMUSD and, for those students, the device
will be further secured through an integration with the District’s system. This system will
also allow parents to connect a device to the wifi, which may increase the success of the
program as it will allow parents to be productive while their students participate in online
learning.
2. Will there be any content control in place?
Content management will be partially controlled by filtering out the major problematic
sites. However, it should be noted that even the best systems can be overcome by
someone with enough focus and determination, similar to any content filtering system
installed at school sites or other public locations such as libraries.
3. Is this going to attract users for whom the system is not intended?
In order to address the potential for the wifi system to be used by non-students, the
system will only be operational during daylight hours and will be turned off near sunset
each night. In addition, the system is proposed to be password protected using login
information supplied through the LMUSD, to the extent possible, limiting access to those
who are affiliated with our local school district. If password information cannot be supplied
through the LMUSD, PeakWiFi and City staff will provide the password to students
through other means, most likely by posting the password at the gazebo area.
4. Is wifi harmful?
All peer-reviewed scientific data from the United States and the European Union has
concluded that the low-power antennas used by PeakWiFi are safe. These wifi systems
are regulated by the FCC and represent a small fraction of the radio waves in our
environment.
5. How will COVID-19 concerns be addressed in the area where wifi is offered?
It is possible that people accessing the proposed wifi services at Elm Street Park will not
adhere to proper physical distancing requirements, increasing the risk of transmission of
the COVID-19 virus. To help address these concerns, the tables in the gazebo at Elm
Street Park have been placed so that they are spaced at least six feet apart. Signs will
also be posted within the gazebo and at other prominent locations at the park reminding
patrons to maintain proper physical distancing, practice good hygiene, and wear masks.
Additional signs will be posted to warn parents and caregivers that use of the wifi system
Item 11.a. - Page 3
CITY COUNCIL
CONSIDERATION OF PROPOSAL BY PEAK WIFI TO PROVIDE FREE WIFI SERVICE
AT ELM STREET PARK
AUGUST 11, 2020
PAGE 4
and the park itself will not be monitored by City staff and that they remain responsible for
their own children.
Remaining Concerns
The City will not be assigning any staff to monitor or provide caretaking services to
students at the Elm Street Park who may be utilizing the free wifi system. It is possible
that some children may be left unattended as they access the internet at the City’s park
during the school day. The extent to which this occurs will be taken into account when
evaluating the success of this pilot program and may lead to its suspension or termination
of the License Agreement if this becomes a problem. Signs will be placed in prominent
locations at the park to clearly warn parents and caregivers that use of the wifi system
and the park amenities in general is not supervised by City staff. It should also be noted
that the free wifi system will be managed and maintained by Peak WiFi, and is not
administered by City IT staff.
In addition, because of the potential for improper use of the wifi system and improper
observance of COVID-19 precautions, City staff may be required to expend resources
responding to complaints or concerns. Additional staff time may also be necessary to
clean and maintain the public restrooms at Elm Street Park as park attendance increases
due to use of the wifi system. Any such outlay of additional City resources will also be
taken into account when evaluating the success of the student wifi program.
The Resolution authorizes the City Manager to suspend the program or terminate the
License Agreement if significant safety or other concerns arise.
Recommendation
Staff recommends that the City Council adopt a Resolution approving a License
Agreement with PeakWiFi authorizing installation and operation of a free wifi system at
Elm Street Park for purposes of supporting online distance learning during the COVID-19
pandemic. It is further recommended that staff be directed to return to the City Council
with a report on the success of the program when the restrictions on in-person educational
instruction are lifted by the State and/or local officials, if staff recommends extending the
free wifi services to additional park sites, or if problems arise with administration or use
of the wifi service, as stated in the proposed Resolution.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
1. Approve staff’s recommendation to adopt a Resolution approving a License
Agreement;
2. Do not approve staff’s recommendation;
3. Modify as appropriate and approve staff’s recommendation; or
4. Provide direction to staff.
Item 11.a. - Page 4
CITY COUNCIL
CONSIDERATION OF PROPOSAL BY PEAK WIFI TO PROVIDE FREE WIFI SERVICE
AT ELM STREET PARK
AUGUST 11, 2020
PAGE 5
ADVANTAGES:
Approval of the free wifi program at Elm Street Park will provide students and their families
with reliable access to the internet when it is most needed during the COVID-19
pandemic. PeakWiFi is offering to install and operate the wifi system for free as a benefit
to the community and to support education. Installation and operation of the free wifi
system at Elm Street Park will enable the City to evaluate the effectiveness of the service
for potential deployment at other City parks.
DISADVANTAGES:
It is possible that students and members of the public may access inappropriate content
using the proposed wifi system and that people may not take proper precautions to avoid
the transmission of COVID-19 while accessing the internet at Elm Street Park. It may be
necessary for City staff to expend resources responding to complaints or concerns about
these types of improper uses and ensuring proper cleaning of park restrooms.
ENVIRONMENTAL REVIEW:
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to
CEQA Guidelines section 15303 because it involves the installation of small new
equipment and facilities in a small structure with only minor modifications to the structure
for the purposes of providing a service to the public. In addition, it can be seen with
certainty that there is no possibility that this action will have a significant impact on the
environment. As a result, this action is not subject to CEQA as stated in State CEQA
Guidelines Section 15061(b)(3).
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2. At the time of report publication, no comments have
been received.
Item 11.a. - Page 5
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE APPROVING A LICENSE AGREEMENT WITH PEAKWIFI LLC
AUTHORIZING INSTALLATION AND OPERATION OF A FREE WIFI
SYSTEM AT ELM STREET PARK FOR PURPOSES OF SUPPORTING
ONLINE DISTANCE LEARNING DURING THE COVID-19 PANDEMIC
WHEREAS, in accordance with Section 8.12.060 of the Arroyo Grande Municipal Code
the City Manager, in his capacity as the Director of Emergency Services proclaimed a
local emergency on March 17, 2020, regarding the COVID-19 pandemic; and
WHEREAS, the City Council has adopted Resolutions declaring a continued local
emergency related to the coronavirus (COVID-19) pandemic on April 14, April 28, May
12, May 26, June 9, June 23, and July 14, 2020; and
WHEREAS, on July 14, 2020, the Lucia Mar Unified School District (LMUSD) Board of
Trustees voted to begin the 2020-2021 academic year using an entirely remote or
distance learning platform in light of the COVID-19 pandemic; and
WHEREAS, on July 17, 2020, Governor Gavin Newsom and the State Public Health
Officer issued an order restricting in-person instruction at school districts located in
counties that are on the State’s monitoring list, and the County of San Luis Obispo has
been on the State’s monitoring list since July 13, 2020; and
WHEREAS, access to reliable internet services is essential to learning during the COVID-
19 pandemic while in-person instruction is prohibited and education is offered through
online distance learning platforms; and
WHEREAS, it is estimated that hundreds of households within the LMUSD are without
access to adequate internet service in their homes, limiting the educational opportunities
afforded to students within those households while in-person instruction is not being
offered; and
WHEREAS, PeakWiFi has offered to install and operate free public wifi service at parks
within the City of Arroyo Grande (City) in order to provide adequate internet access to
students during the COVID-19 pandemic at no cost to the City; and
WHEREAS, the City Council desires to enter into a License Agreement with PeakWiFi
authorizing the installation and operation of a wifi system at Elm Street Park for the benefit
of students and their families during the COVID-19 pandemic and to authorize City staff
to evaluate the potential for expansion of free wifi service at other City parks depending
on the success of the program instituted at Elm Street Park.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Arroyo Grande
as follows:
Item 11.a. - Page 6
RESOLUTION NO.
PAGE 2
1. The License Agreement attached hereto as Exhibit A authorizing PeakWiFi to
install and operate a free wifi system at Elm Street Park for purposes of
supporting online distance learning during the COVID-19 pandemic is hereby
approved.
2. The City Manager shall return to the City Council with a report on the success
of the free wifi program at Elm Street Park when the COVID-19 restrictions on
in-person educational instruction are lifted by State and/or local officials or if it
is recommended that free wifi systems be installed at additional park sites in
the City. Upon termination of the COVID-19 restrictions on in-person
educational instruction, staff may recommend extending the free wifi services
beyond the COVID-19 crisis or terminating the program.
3. The City Manager is authorized to temporarily suspend the free wifi program or
terminate the License Agreement if significant safety or other concerns arise.
On motion of Council Member , seconded by Council Member , and
on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this 11th day of August, 2020.
Item 11.a. - Page 7
RESOLUTION NO.
PAGE 3
CAREN RAY RUSSOM, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
____________________________________
BILL ROBESON, ACTING CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Item 11.a. - Page 8
LICENSE AGREEMENT
Elm Street Park Gazebo
This License Agreement (“Agreement”) is made and entered into this ____ day of
_____________, 2020 by and between the City of Arroyo Grande, a Municipal
Corporation (hereinafter referred to as “City”) and PeakWiFi LLC (hereinafter referred to
as “Licensee”), jointly referred to as “parties.”
RECITALS
WHEREAS, in accordance with Section 8.12.060 of the Arroyo Grande Municipal Code
the City Manager, in his capacity as the Director of Emergency Services proclaimed a
local emergency on March 17, 2020, regarding the COVID-19 pandemic; and
WHEREAS, the City Council has adopted Resolutions declaring a continued local
emergency related to the coronavirus (COVID-19) pandemic on April 14, April 28, May
12, May 26, June 9, June 23, and July 14, 2020; and
WHEREAS, on July 14, 2020, the Lucia Mar Unified School City (LMUSD) Board of
Trustees voted to begin the 2020-2021 academic year using an entirely remote or
distance learning platform in light of the COVID-19 pandemic; and
WHEREAS, on July 17, 2020, Governor Gavin Newsom and the State Public Health
Officer issued an order restricting in-person instruction at schools located in counties that
are on the state’s monitoring list, and the County of San Luis Obispo has been on the
state’s monitoring list since July 13, 2020; and
WHEREAS, access to reliable internet services is essential to learning during the COVID-
19 pandemic while in-person instruction is prohibited and education is offered through
online distance learning platforms; and
WHEREAS, it is estimated that hundreds of households within the LMUSD are without
access to adequate internet service in their homes, limiting the educational opportunities
afforded to students within those households while in-person instruction is not being
offered; and
WHEREAS, Licensee has offered to install and operate free wifi service at the Elm Street
Park Gazebo (the “Premises”) in order to provide adequate internet access to students
during the COVID-19 pandemic at no cost to the City or the public; and
WHEREAS, the City Council has authorized Licensee to install and operate a public wifi
system at the Premises for the benefit of students and families during the COVID-19
pandemic and the City desires to grant a non-exclusive license for the Premises to
PeakWiFi, as Licensee, for such use, all pursuant to the terms and conditions of this
Agreement.
Item 11.a. - Page 9
Exhibit A
NOW, THEREFORE, the undersigned parties agree as follows:
1. LICENSED PREMISES: City hereby grants Licensee a non-exclusive
license to install and maintain equipment within the Elm Street Park Gazebo in
order to provide internet service to students and their families, including wireless
access points, ISO stations, a power over ethernet (POE) switch, a
router/firewall, two weather-proof cabinets, and various cabling and hardware.
City agrees to install a new electrical outlet to power the antenna. The outlet will
be located on the ceiling of the Gazebo and will not be accessible to the public.
In order to address the potential for the wifi system being accessed by non-
students, the system will only be operational during daylight hours and will be
turned off near sunset each night. In addition, Licensee shall ensure that the
system is password protected using login information supplied to LMUSD
students, preferably through the LMUSD itself to the extent possible, in order to
limit access to those who are affiliated with the School District. It is further
understood that the network shall use industry standard security protocols
similar to other public wifi systems, such as in an airport or hotel. Security and
login will be handled through a standard wifi password provided to LMUSD
students, which shall be periodically changed. Licensee shall also require users
to acknowledge and accept appropriate terms of service, and such terms of
service shall include standard provisions and waivers, which shall include and
run in favor of the City. Such terms of service shall be submitted to and approved
by the City prior to initiating service under this Agreement. Licensee shall take
all necessary steps to ensure the wifi system is isolated from the City’s data
network.
During the term of this Agreement, Licensee may not use the Premises for any
other purpose. Licensee shall be fully responsible for the activities of its agents,
volunteers and employees on the Premises.
Licensee acknowledges that the primary use of the Premises is for City
recreation purposes and operations and Licensee’s use of the Premises and
activities shall not interfere with City’s use of the Premises or its intended
purpose related to such City operations and functions. City shall have the right
to enter upon the Premises at any time to inspect the condition of the Premises
and to verify compliance by the Licensee with the provisions hereof.
2. TERM: The term of this Agreement shall commence on August ___, 2020, and
continue on a month-to-month basis until terminated after either party gives
thirty (30) days’ written notice to the other party. City shall have the right to
temporarily suspend the wifi service by providing written notice to Licensee.
3. RENT: No rent or fees shall apply to Licensee’s use of the Premises.
4. ASSIGNMENT: Licensee shall not assign this Agreement in whole or in part
without the prior written consent of the City.
Item 11.a. - Page 10
5. CONDITION, MAINTENANCE AND REPAIR OF PREMISES: Licensee is fully
aware of the condition of the Premises and accepts its use of the Premises on
an “AS IS” basis. City does not warrant that the Premises are suitable for
Licensee’s use. Licensee’s use of the Premises shall be at its sole cost and
expense, and Licensee shall keep, manage and maintain its equipment located
on the Premises in good and safe condition and repair.
6. REMOVAL: Upon the expiration of this Agreement, Licensee shall promptly,
safely and carefully remove all equipment installed by Licensee upon the
Premises and shall return the Premises to the condition in which they existed
immediately prior to Licensee’s installation, normal wear and tear excepted.
7. HAZARDOUS SUBSTANCES: Licensee, its agents, employees or contractors
shall not cause or permit any hazardous substance to be used, stored,
generated or disposed of on or about the Premises. If Licensee causes or
permits the presence of any hazardous substance on the Premises that results
in contamination, Licensee shall promptly, at its sole expense, take any and all
necessary action to return the Premises to the condition existing prior to the
presence of any such hazardous substance on the Premises. Licensee shall first
obtain City’s approval for any such remedial action.
8. RELEASE: City shall not be responsible to Licensee for any loss of property
from the Premises, however occurring. Licensee also waives any and all claims
against City for damages to any property of Licensee from any cause arising at
any time, except for the willful misconduct of the City.
9. INDEMNIFICATION:
a) Licensee shall indemnify, hold harmless and defend City and its
employees and agents from and against all claims, damages, losses
and expenses, including attorneys’ fees, resulting from any negligent
act, misconduct or omission on the part of Licensee, its employees,
agents, assigns or contractors.
b) City shall indemnify, hold harmless and defend Licensee and its
employees and agents from and against all claims, damages, losses
and expenses, including attorneys’ fees, resulting from any negligent
act, misconduct or omission on the part of City, its employees, agents,
assigns or contractors.
10. INSURANCE: Licensee shall, at its sole cost and expense, procure and maintain
during the entire term of this Agreement public liability and property damage
insurance in accordance with the requirements of Exhibit "A," attached hereto
and incorporated herein by this reference. Proof of insurance shall be submitted
to the City prior to any use of the Premises by Licensee. Licensee shall cause
City to be a named additional insured.
Item 11.a. - Page 11
11. WAIVER: Waiver of any default by either party to this Agreement shall not be
deemed to be waiver of any subsequent default. Waiver or breach of any
provision of this Agreement shall not be deemed to be a waiver of any other or
subsequent breach, and shall not be construed to be a modification of the terms
of this Agreement unless this Agreement is modified or amended as provided
herein.
12. AMENDMENT: This Agreement may be modified, amended, changed, added
to or subtracted from by the mutual consent of the parties hereto if such
amendment or change is in written form and executed by the Licensee and by
the City.
13. ENTIRE AGREEMENT: This Agreement supersedes any and all other
agreements, either oral or in writing, between and of the parties herein with
respect to the subject matter hereof and contains all the agreements between
the parties with respect to such matter. Each party acknowledges that no
representations, inducements, promises or agreements, oral or otherwise, have
been made by any party, or anyone acting on behalf of any party, which are not
embodied herein, and that no other agreement, statement or promise not
contained in this Agreement shall be valid or binding.
14. ADVICE OF ATTORNEY: Each party warrants and represents that in executing
this Agreement, it has received independent legal advice from its attorneys or
the opportunity to seek such advice.
15. CONSTRUCTION: Headings or captions to the provisions of this Agreement are
solely for the convenience of the parties, are not part of this Agreement, and
shall not be used to interpret or determine the validity of this Agreement. Any
ambiguity in this Agreement shall not be construed against the drafter, but rather
the terms and provisions hereof shall be given a reasonable interpretation as if
both parties had, in fact, drafted this Agreement.
16. GOVERNING LAW AND VENUE: This Agreement shall be deemed to be made
under, and shall be governed by and construed in accordance with, the laws of
the State of California. Any action brought to enforce the terms or provisions of
this Agreement shall have venue in San Luis Obispo County, State of California.
17. ATTORNEY’S FEES: In any action or proceeding whatsoever arising from rights
or obligations established hereunder, including, but not limited to, actions for
damages resulting from a breach or threatened breach of this Agreement or
actions for specific performance hereof, the prevailing party shall be entitled to
recover such reasonable sums for its attorney’s fees and costs as shall be fixed
by the Court, either in the subject action or in a separate action.
18. NOTICES: Unless otherwise provided, all notices required herein shall be in
writing, and delivered in person or sent by certified United States mail, postage
prepaid. Notices required to be given shall be addressed as follows:
Item 11.a. - Page 12
CITY: City of Arroyo Grande
300 E. Branch Street
Arroyo Grande, CA 93420
LICENSEE: PeakWiFi LLC
PO Box 1810
Pismo Beach, CA 93448
Such notice shall be deemed to be received within forty-eight (48) hours from the
time of mailing, if mailed as provided for in this paragraph. Either party may
change its address by notice in writing to the other party and thereafter notices
shall be addressed and transmitted to the new address.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day
and year first hereinabove written.
CITY OF ARROYO GRANDE: PEAKWIFI LLC:
By: Bill Robeson
Acting City Manager
By: Thomas J. Kosta
Manager
Item 11.a. - Page 13
EXHIBIT A
INSURANCE REQUIREMENT
a. Licensee shall procure and maintain for the duration of the License Agreement
insurance against claims for injuries to persons or damages to property which
may arise from or in connection with the Licensee’s operation and use of the
Communications Site. The cost of such insurance shall be borne by the
Licensee. Coverage shall be at least as broad as Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001). Licensee
shall also maintain Workers’ Compensation insurance as required by the State
of California and Employer’s Liability insurance for any employees of Licensee.
Licensee shall maintain general liability insurance limits no less than
$1,000,000 per occurrence/$2,000,000 aggregate for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other
form with a general aggregate limit is used, either the general aggregate limit
shall apply separately to the licensed property or the general aggregate limit
shall be twice the required occurrence limit.
b. Any deductibles or self-insured retentions must be declared to and approved
by the City. At the option of, the City, either: the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the City, its officers,
elected and appointed officials, employees and volunteers; or the Licensee
shall procure a bond guaranteeing payment of losses and related investigations
and defense expenses in an amount equal to such deductible or self-insured
retention.
c. The general liability policy shall contain, or be endorsed to contain, the following
provisions:
1. The City, its officers, elected and appointed officials, employees and
volunteers are to be covered as insureds as respects: liability arising out
of premises owned, occupied or used by the Licensee. The coverage
shall contain no special limitations on the scope of protection afforded
to the City, its officers, elected and appointed officials, employees or
volunteers.
2. The Licensee’s insurance coverage shall be primary insurance as
respects the City, its officers, elected and appointed officials, employees
and volunteers. Any insurance or self-insurance maintained by the City,
its officers, elected and appointed officials, employees or volunteers
shall be in excess of the Licensee’s insurance and shall not contribute
with it.
3. Each insurance policy required by this section shall be endorsed to state
that coverage shall not be suspended, voided, canceled, reduced in
coverage or in limits except after thirty (30) days’ prior written notice by
certified mail, returned receipt requested, has been given to the City.
Item 11.a. - Page 14
4. All insurance coverage maintained or procured pursuant to this License
shall be endorsed to waive subrogation against City, its elected or
appointed officials, agents, officers, employees, and volunteers or shall
specifically allow Licensee or others providing insurance evidence in
compliance with these specifications to waive their right of recovery prior
to a loss. Licensee hereby waives its own right of recovery against City.
5. Requirements of specific coverage features or limits contained in this
section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any
insurance. Specific reference to a given coverage feature is for purposes
of clarification only as it pertains to a given issue and is not intended by
any party or insured to be all inclusive, or to the exclusion of other
coverage, or a waiver of any type. If the Licensee maintains higher limits
than the minimums shown above, the City requires and shall be entitled
to coverage for the higher limits maintained by the Licensee. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
d. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best’s rating of no less than A:VII.
e. Verification of Coverage. Licensee shall furnish the City with original endorsements
effecting coverage required by this clause. The endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. The endorsements
are to be on forms provided or approved by the City.
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