(A) A franchisee shall maintain, and by its acceptance of a franchise specifically agrees that it will maintain, throughout the entire term of the franchise including any renewals thereof, the following liability insurance coverage insuring the franchisee and naming the city as an additional insured: worker's compensation and employer liability insurance to meet all requirements of state law, automobile liability insurance, and general comprehensive liability insurance with respect to the construction, operation and maintenance of the cable system or OVS, and the conduct of the franchisee's business in the city, in the minimum amounts of:
(1) $1 million for properly damage in any one accident;
(2) $1 million for personal bodily injury to any one person; and
(3) $3 million for personal bodily injury in any one accident.
(B) All insurance policies shall be with sureties qualified to do business in the state and shall be with sureties with a minimum rating of A in “Best's Key Rating Guide, Property/Casualty Edition.” The city may require coverage and amounts in excess of the above minimums where necessary to reflect changing liability exposure and limits or where required by law.
(C) A franchisee shall keep on file with the city certificates of insurance, which certificates shall indicate evidence of payment of the required premiums and shall indicate that the city, its officers, boards, commissions, City Commission members, agents, and employees are listed as additional insureds. In the event of a potential claim such that the city claims insurance coverage, the franchisee shall immediately respond to all reasonable requests by the city for information with respect to the scope of the insurance coverage.
(D) All insurance policies shall further provide that any cancellation or reduction in coverage shall not be effective unless 30 days prior written notice thereof has been given to the city. A franchisee shall not cancel any required insurance policy without submission of proof that the franchisee has obtained alternative insurance satisfactory to the city that complies with this subchapter.
(E) A franchisee shall, at its sole cost and expense, indemnify, hold harmless, and defend the city, its officials, boards, commissions, City Commission members, agents, and employees against any and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and expenses arising out of the construction, maintenance, or operation of its cable system or open video system, the conduct of the franchisee's business in the city or in any way arising out of the franchisee's enjoyment or exercise of a franchise, regardless of whether the act or omission complained of is authorized, allowed, or prohibited by this subchapter or a franchise agreement. In addition, and notwithstanding anything to the contrary, any franchisee granted a renewal of a franchise on or after the effective date of this subchapter shall indemnify and hold harmless the city, its officials, boards, commissions, City Commission members, and agents or employees from any claim arising under federal or state law. This provision includes, but is not limited to, the city's reasonable attorneys' fees incurred in defending against any such claim, suit, or proceedings; and claims arising out of copyright infringements or a failure by the franchisee to secure consents from the owners, authorized distributors, or providers of programs to be delivered by the cable system or open video system, claims arising out of Section 638 of the Cable Act, 47 USC 558, and claims against the franchisee for invasion of the right of privacy, defamation of any person, or the violation or infringement of any copyright, trademark, trade name, service mark or patent, or of any other right of any person. The city agrees to notify the franchisee, in writing, within ten days of the city receiving notice of any issue it determines may require indemnification. Nothing in this subchapter shall prohibit the city from participating in the defense of any litigation by its own counsel and at its own cost.
(Ord. 1406, passed 5-15-02)