937.13  INSURANCE REQUIREMENTS.
   (a)   As a condition of the City's consent to occupy the Right-of-Way, a Facilities Operator must secure and maintain the following liability insurance policies insuring both the Facilities Operator and the City, and its elected and appointed officers, officials, agents and employees as additional insureds:
      (1)   Comprehensive general liability insurance with limits not less than:
         A.   Five million dollars ($5,000,000.00) for bodily injury or death to each person;
         B.   Five million dollars ($5,000,000.00) for property damage resulting from any one (1) accident; and
         C.   Five million dollars ($5,000,000.00) for all other types of liability.
      (2)   Automobile liability for owned, non-owned and hired vehicles with a limit of three million dollars ($3,000,000.00) for each person and three million dollars ($3,000,000.00) for each accident.
      (3)   Worker's compensation within statutory limits and employer's liability insurance with limits of not less than one million dollars ($1,000,000.00).
      (4)   Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than three million dollars ($3,000,000.00).
   (b)   Each such insurance policy shall contain the following endorsement:
      "It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until ninety (90) days after receipt by the City, by registered mail, of a written notice addressed to the Building Commissioner of such intent to cancel or not to renew."
   (c)   Within sixty (60) days after receipt by the City of said notice, and in no event later than thirty (30) days prior to said cancellation, the Facilities Operator shall obtain and furnish to the City replacement insurance policies meeting the requirements of this subsection.
   (d)   Upon written application to the Commissioner, and written approval by the Commissioner, the Mayor and the Finance Director, a Facilities Operator may be self-insured to provide all of the same coverages as listed in this section; except that all coverages for Worker's Compensation shall be in compliance with State law.  No approval for self-insurance shall be given until the Commissioner, the Mayor and the Finance Director have made a complete review of the Facilities Operator's financial ability to provide such self-insurance.  As part of the review process, the Finance Director may require, and the Facilities Operator shall provide any and all financial documents necessary to enable the Commissioner, the Mayor and the Finance Director to make a valid determination of the Facilities Operator's ability to provide the level of protection against risk otherwise required under this section.
(Ord. 2019-24.  Passed 6-10-19.)