As a condition of issuance of a Small Cell Use Permit, a Facilities Operator must secure and maintain, at a minimum, the following liability insurance policies insuring the Facilities Operator and naming the City, its elected and appointed officers, officials, agents, employees and representatives, as additional insureds:
(a) Comprehensive general liability insurance with limits not less than:
(1) Five million dollars ($5,000,000.00) for bodily injury or death to each person.
(2) Five million dollars ($5,000,000.00) for property damage resulting from any one accident.
(3) Five million dollars ($5,000,000.00) for all other types of liability.
(b) 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.
(c) Workers' compensation within statutory limits and employer's liability insurance with limits of not less than one million dollars ($1,000,000.00).
(d) 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).
(e) The liability insurance policies required by this Section shall be maintained by the Facilities Operator throughout the period of time during which the Facilities Operator is occupying the Right-of-Way or is engaged in the removal of its Facilities. Each insurance policy shall contain the following endorsement:
"It is hereby understood and agreed that this policy may not be cancelled nor the intention not to renew be stated until sixty (60) days after receipt by the City, by registered mail, of a written notice addressed to the City Manager of such intent to cancel or not renew."
(f) 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 Section.
(g) Upon written application to, and written approval by, the City Manager, a Facilities Operator may be self-insured to provide all of the same coverages as listed in this Section; except that all coverages for Workers' Compensation shall be in compliance with State law. No approval for self-insurance shall be given until the City Manager has made a complete review of the Facilities Operator's financial ability to provide such self-insurance. As part of the review process, the City Manager may require, and the self-insurance applicant shall provide, any and all financial documents necessary to make a valid determination of the applicant's ability to meet the requirements of this Section.
(Ord. 61-19. Passed 9-23-19.)