A. Each provider shall secure and maintain the following insurance policies insuring both the provider and the City against claims for death or injuries to Persons or damage to property which may arise from or in connection with the acts, omissions, or exercise of the rights, privileges, and authority granted to the provider:
1. Comprehensive general liability insurance, written on an occurrence basis, with limits not less than: a) three million dollars ($3,000,000) for bodily injury or death to each Person; and b) three million dollars ($3,000,000) for property damage resulting from any one accident;
2. Automobile liability insurance for owned, non-owned, and hired vehicles with a combined single limit of three million dollars ($3,000,000) for each accident;
3. Worker's compensation within statutory limits and employer liability insurance with limits of not less than one million dollars ($1,000,000);
4. Excess umbrella liability with limits of no less than five million dollars ($5,000,000) per occurrence and in the aggregate.
B. Insurance shall be placed with insurers licensed to do business in the State with an A.M. Best rating of A VII or better. The liability insurance policies required by this subsection shall be maintained by the provider throughout the term of the permit, and such other period of time during which the provider has facilities in the public easement or is engaged in the removal of its facilities. Failure to maintain such insurance shall be grounds for cancellation of the permit, Franchise, or Agreement. The provider shall furnish acceptable certificate(s) of insurance, together with the endorsement naming the City to the City prior to the commandment of any work or installation of any facilities pursuant to any permit.
C. The provider's insurance shall be primary and noncontributory insurance as respects the City. Any insurance maintained by the City shall be in excess of the provider's insurance and shall not contribute with it. Maintenance of insurance shall not be construed to limit the liability of the provider to the coverage provided by such insurance or otherwise limit the City's recourse to any remedy available at law or in equity.
D. In addition to the coverage requirements set forth in this subsection, the provider must notify the City in writing of any cancellation or reduction in coverage at least forty-five (45) days in advance. At least fifteen (15) days prior to cancellation or reduction in coverage, the provider shall obtain and furnish to the City replacement insurance and certificate(s) of insurance meeting the requirements of this section.
E. All insurance policies shall contain a waiver of subrogation against the City for any claims arising out of the provider's work or service. The provider shall be responsible for all deductibles under the policies. (Ord. 2023-681, 2-14-2024; amd. Ord. 2024-685, 4-10-2024)