(a) Unless otherwise provided in the Franchise, the following will prevail:
(b) Public Liability and Property Damage Insurance. Grantee shall, during the continuance of this chapter and at no expense to City, maintain public liability and property damage insurance, including products liability and completed operations, and contractual liability coverage, in the amount of one million dollars ($1,000,000) per occurrence on account of bodily or personal injuries, including death, or on account of property damage, arising from, or caused, directly or indirectly, by the performance under this chapter. This insurance shall be a per occurrence policy.
(c) Business Automobile Insurance. Grantee shall during the continuance of this chapter and at no expense to City, maintain business automobile insurance, in the amount of one million dollars ($1,000,000) per occurrence on account of bodily or personal injuries, including death, or on account of property damage arising from or cause, directly or indirectly, by the performance under this chapter. This insurance shall be a per occurrence policy.
(d) Additional Insureds. Under the public liability, property damage and automobile liability insurance required in subsection (b) and (c) above, City, its officers, agents and employees shall be named as additional insured by endorsement and as to such additional insured, the insurance herein required shall be primary and the policies shall contain by endorsement a cross liability clause.
(e) Workers' Compensation Insurance. Grantee shall during the continuance of this chapter and at no expense to City, maintain workers' compensation insurance, as required by law, for all Grantee's officers and employees.
(f) Certificates of Insurance.
(1) The insurance required by subsection (b), (c) and (d) above shall be evidenced by certificate or certificates submitted to City which shall be executed by the insurance company or companies involved and which shall state that the insurance evidenced thereby may not be terminated without thirty days prior written notice thereof being received by City. The certificate(s) shall be submitted to City before or at the time Grantee executes a Franchise Agreement and shall be resubmitted annually to the City on the anniversary of the initial filing.
(2) Grantee shall file certificates of insurance which shall certify the total limits of coverage in effect. If such limits are higher than the limits required by the City herein, the higher limits shall be certified and shall apply to the coverage afforded to the City.
(g) Additional Insurance. Grantee, in addition to all other insurance requirements herein, shall maintain insurance in the type and amount as may be required in any license, permit or agreement obtained in connection with the construction, operation, or repair of its cable system and which is necessary to complete any construction, operation, or repair (e.g., Highway Permit, Railroad Crossing Agreement, Corps of Engineers Permit), regardless of who secured the license, permit, or agreement.
(Ord,. 52-96. Passed 7-8-96.)