§ 37-20. Parish license for tree service operators and for landscapers.

(a)

Except as otherwise provided in this article, only a parish-licensed tree service operator shall trim or remove trees from public property. In order to qualify for such a parish license, a tree service operator shall be licensed as an arborist by the Louisiana Department of Agriculture and Forestry or its successor and shall fulfill the requirements outlined below. A tree service operator's license is not a license to plant or maintain vegetation on public property.

(b)

Except as otherwise provided in this article, only a parish-licensed landscaper shall plant or maintain vegetation on public property. In order to qualify for such a parish license, a person shall be licensed by the Louisiana Department of Agriculture and Forestry, or its successor, as a horticulturist, a landscape contractor or other related profession and shall fulfill the requirements outlined below. A landscaper's license is not a license to remove trees from, or substantially trim trees on, public property.

(c)

In addition to being licensed by the state, an applicant for a parish tree service operator's license or for a parish landscaper's license must fulfill the following requirements in order to be licensed:

(1)

A notarized affidavit of acknowledgment by the applicant stating that:

a.

The applicant, and the employees of the applicant shall be solely responsible for all injuries to persons and for all damages to the property of the parish or to property owned by others, caused by or resulting or related in any way to the exercise of the permit requested, whether such claims arise from activities before, during the progress of, or in connection with, the prosecution of the work, maintenance, or lack of maintenance, of any and all projects on public property whether within the limits of the work or elsewhere and whether under the applicant's contract proper or any other agents, or as extra work. Said responsibility of the applicant shall continue as long as the applicant's equipment remains on the sites related to this permit; and

b.

The applicant agrees, to the fullest extent permitted by law, to defend, indemnify, and hold harmless the parish, its districts and sub-districts as well as their duly appointed agents, employees and volunteers from and against any and all claims, suits, liabilities, losses, damages, costs or expenses, and attorneys' fees (including attorneys' fees and costs incurred in establishing the right to said indemnity), alleged to have been sustained, or that have been sustained by reason of the granting or exercise of the permit and activity related thereto, whether or not the alleged damage may have been caused by the negligence of the parish, its districts and sub-districts, their agents or employees or is based on alleged strict liability or absolute liability, provided, however, the provisions of this last clause shall not apply to any personal injury or property damage caused by the sole negligence of the parish, its districts and sub-districts, their agents or employees, unless such sole negligence consists or shall have consisted entirely and only of negligence in the granting of the permit(s). Said indemnification by the applicant of the parish and others named above shall remain in effect as long as the applicant's equipment remains on the sites related to this permit; and

c.

The applicant is aware of and shall abide by the parish regulations regarding the trimming of trees and landscaping on public property in the parish; and shall operate in accordance with applicable guidelines in the "Standards for Pruning Shade Trees," published by the National Arborists Association, Inc. and the "American National Standards for Tree Care Operation - Tree, Shrub and Other Woody Plant Maintenance Standard Practice", 1995 Edition published by the American National Standards Institute (ANSI), as amended and currently in effect at the time of such work on public property;

d.

The applicant is aware of the desirable tree list and shall not remove any trees on said list unless such a tree is dead, diseased, or infested with termites or other insects that may destroy the tree or if the tree causes damage to, or interferes with, any public works or utility;

e.

The applicant has insurance in the amounts and with the conditions outlined below and the applicant shall maintain said in force during the term of the license.

(2)

Proof of insurance in the following amounts and with the following conditions:

a.

The applicant, prior to commencing work, shall provide at its own expense, proof of the following insurance coverage by insurance companies authorized to do business in the State of Louisiana. With the exception of the Worker's Compensation Insurance policy, Jefferson Parish and its Special Districts, its boards and commissions and its officers, agents and employees, jointly and severally, shall be listed as additional named insured(s) on all of the above insurance policies for the entire period during which the equipment of the applicant remains on the sites related to the license. Insurance shall be placed with insurers with an A.M. Best rating of no less than A:VI. and shall be in the following minimum amounts and in accordance with the following provisions.

1.

Worker's compensation insurance: As required by the Louisiana State Statute exception, employer's liability limit shall be one million dollars ($1,000,000.00) per occurrence when work is to be over water and involves maritime exposures, otherwise this limit shall be no less than five hundred thousand dollars ($500,000.00) per occurrence.

2.

Commercial general liability insurance with a combined single limit per occurrence for bodily injury and property damage. This insurance shall include coverage for bodily injury and property damage, and indicate on the certificate of insurance the following:

i.

Premises-operations;

ii.

Broad form contractual liability;

iii.

Products and completed operations;

iv.

Use of contractors and sub-contractors;

v.

Personal injury;

vi.

Broad form property damage;

vii.

Explosion, collapse and underground (XCU) coverage.

Combined single limits (CSL) amount of insurance required: each occurrence/minimum limits—One million dollars ($1,000,000.00).

3.

Business automobile liability insurance with a combined single limit of five hundred thousand dollars ($500,000.00) per occurrence for bodily injury and property damage, unless otherwise indicated. This insurance shall include coverage for bodily injury and property damages for any automobiles, whether owned; hired, or non-owned automobiles.

4.

Said policies shall apply as primary insurance and shall stipulate that no other insurance in effect by the parish will be called on to contribute to a loss covered thereunder.

5.

The parish has the right but not the obligation to review and approve all insurance policies and certificates of insurance prior to the issuance of a permit for the requested installation.

6.

An umbrella policy or excess may be used to meet minimum requirements. All property losses to the parish's property for which the applicant is responsible, shall be payable to the parish and adjusted with the parish risk management department.

7.

Should there be a material change in the applicant's insurance policies during the term of the permit, the applicant shall give the parish thirty (30) days notice as to said changes and will submit a replacement certificate of insurance naming the parish as an additional insured.

8.

Failure of the applicant to take out and/or maintain insurance shall not relieve the applicant from any liability under this permit, nor shall the insurance requirements be construed to conflict with the obligations of the applicant concerning indemnification.

9.

The maximum deductible for any of the insurance coverage required under this agreement shall not exceed ten thousand dollars ($10,000.00) without prior approval of the Director of Jefferson Parish Department of Risk Management. All deductibles shall be assumed by the applicant.

10.

In the event the applicant is insured through a captive insurance company or is self-insured, then in lieu of the certificates of insurance required herein, the applicant shall provide with the permit application, proof that the applicant's self-insurance program is sufficiently liquid to cover all losses in the amounts shown above in this section. The applicant shall immediately notify the parish of all changes in its self-insured status and of any changes in the ability of the applicant to cover the losses specified above.

b.

Certificates of insurance shall be furnished to the parish by the applicant naming the parish and the parish districts and sub districts as additional named insureds for the entire period of the license. Said certificates of insurance shall also state that:

1.

The applicant will have no right of recovery or subrogation against the parish, its districts or sub-districts, it being the intention of the parties that said insurance shall be the primary coverage for any and all losses covered by the herein described insurance which shall protect the parish and its districts and sub-districts, as well as the applicant.

2.

The insurance companies issuing the policy or policies shall have no recourse against the parish for payment of any premiums or for assessments under any form of policy.

3.

Any and all deductibles in the described insurance policies shall be in the amount of ten thousand dollars ($10,000.00), and shall be assumed by the applicant.

4.

These certificates shall be kept on file in the parish department of parkway and shall be updated by the applicant for each policy term.

(3)

Paying the annual license fee of thirty-five dollars ($35.00).

(Ord. No. 21243, § 1, 3-21-01; Ord. No. 21582, § 2, 5-22-02)