A. Each telecommunications provider shall secure and maintain the following liability insurance policies insuring both the telecommunications provider and the city against claims for death or injuries to persons, or damages to property which may arise from or in connection with the exercise of the rights, privileges, and authority granted to the telecommunications provider:
1. Comprehensive general liability insurance, written on an occurrence basis, with limits not less than:
a. Three million dollars ($3,000,000.00) for bodily injury or death to each person; and
b. Three million dollars ($3,000,000.00) for property damage resulting from any one accident.
2. Automobile liability for owned, non-owned and hired vehicles with a combined single limit of 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, underground hazard and products completed hazard with limits of not less than three million dollars ($3,000,000.00); and
5. Excess umbrella liability with limits of no less than five million dollars ($5,000,000.00) per occurrence and in the aggregate.
B. Insurance shall be placed with insurers with a rating of A.M. Best & Company's Key rating Guide of at least A-Overall and a Financial Size Category of "VII." The liability insurance policies required by this section shall be maintained by the telecommunications provider throughout the term of the permit, and such other period of time during which the telecommunications provider has telecommunications facilities in the public ways or is engaged in the removal of its telecommunications facilities. Failure to maintain such insurance shall be grounds for cancellation of the permit. The telecommunications provider shall provide an insurance certificate, together with an endorsement including the city, and its elected and appointed officers, officials, agents, employees, representatives, engineers, consultants, and volunteers as additional insureds, to the city prior to the commencement of any work or installation of any telecommunications facilities pursuant to said permit. Payment of deductibles and self-insured retentions shall be the sole responsibility of the telecommunications provider. The insurance certificate required by this section shall contain a clause stating that coverage shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. The telecommunications provider's insurance shall be primary and noncontributory insurance as respect to the city. Any insurance maintained by the city shall be in excess of the telecommunications provider's insurance and shall not contribute with it. Maintenance of insurance shall not be construed to limit the liability of the telecommunications provider to the coverage provided by such insurance or otherwise limit the city's recourse to any remedy available at law or in equity.
C. In addition to the coverage requirements set forth in this section, the telecommunications provider must notify the city of any cancellation or reduction in said coverage. Within thirty (30) days after receipt by the city of said notice, and in no event less than fifteen (15) days prior to said cancellation or intent not to renew, the telecommunications provider shall obtain and furnish to the city replacement insurance and certificates of insurance meeting the requirements of this section.
D. Upon written approval by the city's finance director and based on conditions set by the city in the permit, the telecommunications provider may self-insure under the same terms as required by this section.
(Ord. 3317, 3-11-2024)