(A) Letter of Insurance. Prior to commencement of construction, but in no event later than 60 days after the effective date of the franchise and thereafter, continuously maintain insurance as defined by this section and shall throughout the duration of the franchise and any extensions or renewals thereof, the grantee shall furnish to the city, certificates of insurance for all types of insurance required under this section. Failure to furnish said certificates of insurance in a timely manner shall constitute a violation of this chapter.
(B) Filing. Any insurance certificate thereof obtained by the grantee in compliance with this section shall be filed and maintained with the City Manager or his/her designee during the term of the franchise, and may be changed by the grantee from time to time to reflect changing liability limits and/or to compensate for inflation. Grantee shall immediately advise the city of any litigation that may develop that would affect this insurance.
(C) No Limit on Liability. Neither the provisions of this section nor any damages recovered by the city hereunder, shall be construed to or limit the liability of the grantee under any franchise issued hereunder or for damages.
(D) Enforcement. All insurance policies maintained pursuant to this chapter or the franchise shall contain the following, or a comparable, endorsement:
It is hereby understood and agreed that this insurance policy may not be canceled by the insurance company nor the intention not to renew be stated by the insurance company until 30 days after receipt by the City Manager, by registered or certified mail, of a written notice of such intention to cancel or not to renew.
(E) Hold Harmless Clause. All contractual liability insurance policies maintained pursuant to this chapter or the franchise shall include the following hold harmless clause:
The grantee agrees to indemnify, save harmless and defend the city, its officials, agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and reasonable attorney's fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by the franchise and performed or caused to be performed. The foregoing indemnity shall apply except if such injury, death or damage is caused by the negligence or other fault of the city, its agents, servants, or employees, or any other person indemnified hereunder.
(F) State Institution. All insurance policies provided under the provisions of this chapter or the franchise shall be written by companies authorized to do business in the state, and approved by the State's Commissioner of Insurance.
(G) Named Insured. At any time during the term of the franchise, the city may request and the grantee shall comply with such request, to name the city as an additional named insured for all insurance policies written under the provisions of this chapter or the franchise.
(H) Inflation. To offset the effects of inflation and to reflect changing liability limits, all of the coverages, limits and amounts of the insurance provided for herein will be increased at the end of every three year period of the franchise at the annual rate of inflation, applicable to the next three year period, upon the request of the city.
(I) General Liability Insurance. The grantee shall maintain, and by its acceptance of any franchise granted hereunder specifically agree that it will maintain throughout the term of the franchise, general liability insurance insuring the grantee in the minimum of:
(1) $2,000,000 for property damage per occurrence;
(2) $2,000,000 for property damage aggregate;
(3) $3,000,000 for personal bodily injury or death to any one person; and
(4) $3,000,000 bodily injury or death aggregate per single accident or occurrence.
(J) Policy Inclusions. Such general liability insurance must include, at a minimum, coverage for all of the following: comprehensive form, premises-operations, explosion and collapse hazard, underground hazard, products/completed operations hazard, contractual insurance, broad form property damage, and personal injury.
(K) Automobile Liability Insurance. The grantee shall maintain, and by its acceptance of any franchise granted hereunder specifically agrees that it will maintain throughout the term of the franchise, automobile liability insurance for owned, non- owned, or rented vehicles used by grantee, its, agents, officials, or employees in the minimum amount of:
(1) $1,000,000 for bodily injury and consequent death per occurrence;
(2) $ 1,000,000 for bodily injury and consequent death to any one person; or
(3) $500,000 for property damage per occurrence.
(L) Worker's Compensation and Employer's Liability Insurance. The grantee shall maintain and by its acceptance of any franchise granted hereunder specifically agrees that it will maintain throughout the term of the franchise, Worker's Compensation and employer's liability, valid in the State, in the minimum amount of:
(1) Statutory limit for Worker's Compensation; or
(2) $100,000 for employer's liability.
(Ord. 99-38, passed 7-6-99)