Skip to code content (skip section selection)
A. A licensee must have the following insurance coverage in force at all times during the license period:
1. Workers' compensation insurance to meet all state requirements;
2. General comprehensive liability insurance;
3. Automobile liability insurance covering all vehicles as specified in the license but not less than two hundred fifty thousand dollars ($250,000.00) per person, five hundred thousand dollars ($500,000,00) per occurrence, and one hundred thousand dollars ($100,000.00) for property damage; and
4. Any additional types of insurance and coverage amounts as the city may require.
All insurance policies must be with sureties qualified to do business in Arizona and in a form approved by the city attorney. The city may accept a self-insurance plan that assures comparable protection in lieu of these insurance policies.
B. A licensee must, at its sole cost and expense, indemnify, hold harmless, and defend the city, its officials, boards, commissions, agents, and employees, against any claims, suits, causes of action, proceedings and judgments for damages or equitable relief arising out of the construction, maintenance, or operation of its cable system regardless of whether the act or omission complained of is authorized, allowed or prohibited by the license. This requirement includes claims arising out of copyright infringement or a failure by the licensee to secure consent from the owner, authorized distributor, or licensee of a program to be delivered by the cable system.
C. In an overbuild situation the city may require licensees to indemnify each other for any damage to facilities and services caused by construction or maintenance of their respective cable systems.
D. To the fullest extent permitted by law, licensee shall defend, indemnify and hold harmless the city of Eloy, its agents, officers, officials and employees from and against all tort claims, damages, losses and expenses (including, but not limited to, attorney fees, court costs, and the cost of appellate proceedings), relating to, arising out of, or alleged to have resulted either wholly or in part from the acts, errors, mistakes, omissions, work or services of the licensee, its agents, employees, contractors or subcontractors in the performance of this agreement, and regardless of whether or not such claim, damages, loss or expenses are caused in part by the city of Eloy.
E. Licensee(s) duty to defend, hold harmless and indemnify the city of Eloy, its agents, officers, officials and employees shall arise in connection with any tort claims, damages, losses or expenses that are attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting there from, caused either wholly or in part by licensee's acts, errors, mistakes, omissions, work or services in the performance of this agreement including any employee of the licensee or any other person for whose acts, errors, mistakes, omissions, work or services the licensee may be legally liable, and regardless of whether or not such claim, damages, losses or expenses are caused in part by the city of Eloy.
F. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this section. (Ord. 05-589, 5-23-2005)