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Human Resources Department

Liability & Insurance

Template 28

Use Template 28 for:

Non-Commerical Balloonist Operators

Mandatory Contractual Language

Insurance requirements should be saved and attached to the contract as an exhibit. To ensure the requirements are included as part of your contract, please include the following language within the insurance section of the agreement:

_______ is required to maintain the insurance specified in Exhibit _____, which is attached hereto and incorporated herein by this reference.

 

Consistent Language

Edit the template to keep the language consistent with your agreement.

For example: if the template refers to: “Consultant”, but the agreement uses “Contractor”, change all references in the template to “Contractor”. If your agency is not the County (SCAPOSD, Water Agency, Fairgrounds, etc.) substitute the correct terminology for all references to “County”. If the agreement is called “contract”, “license”, “lease”, etc., edit the template to match.

 

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Operator shall maintain insurance as described below unless such insurance has been expressly waived by the attachment of a Waiver of  Insurance Requirements.

County reserves the right to review any and all of the required insurance policies and/or endorsements, but has no obligation to do so.  County’s failure to demand evidence of full compliance with the insurance requirements set forth in this Agreement or County’s failure to identify any insurance deficiency shall not relieve Operator from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the term of this Agreement.

  1. Aircraft Liability Insurance
    1. Aircraft Liability Insurance covering hot-air balloons.
    2. Minimum Limits: $1,000,000 per occurrence, $100,000 per passenger.
    3. Insurance shall apply to owned and non-owned hot-air balloons. 
    4. County of Sonoma, its officers, agents and employees shall be endorsed as additional insureds for liability arising out of the operation of hot-air balloons in connection with this Agreement.
    5. The insurance provided to the additional insureds shall be primary to, and non-contributory with, any insurance or self-insurance program maintained by them.
      Because the County is an additional insured on the tenant’s policy, we want that policy to cover claims before any contribution from County’s CSAC protection or its self-insured retention.
    6. Required Evidence of Insurance: Certificate of Insurance issued by the aircraft liability insurance company indicating coverages and additional insured status in accordance with 1.a. through 1.e. above.  A certificate issued by the insurance broker is not acceptable.
    Although the Insurance Exhibit requires evidence of insurance issued by the aviation insurer rather than by the broker, we will accept broker-issued certificates.  The rationale is that the risk from broker-issued is relatively low.  Even though such certificates are not binding on the insurer, most of them accurately reflect the policy coverage.
  2. Automobile Liability Insurance 
    1. Minimum Limits: $300,000 combined single limit per accident or Bodily Injury: $100,000 per person/$300,000 per accident and Property Damage: $50,000 per accident. 
    2. Required Evidence of Insurance: Copy of Auto Policy Declarations Page or Certificate of Insurance.
  3. Standards for Insurance Companies
    Insurers, other than the California State Compensation Insurance Fund, shall have an A.M. Best's rating of at least A:VII.
  4. Documentation
    1. Operator shall submit all required Evidence of Insurance prior to the execution of this Agreement.
    2. The name and address for Additional Insured endorsements and Certificates of Insurance is: County of Sonoma, its officers, agents and employees, c/o Airport Manager, Charles M. Schulz – Sonoma County Airport, 2290 Airport Boulevard, Santa Rosa, CA 95403.