(a) Recovered coverages and limits.
(1) Except for a wireless provider with an existing franchise to occupy and operate the rights-of-way, during the period in which the wireless provider's facilities are located within the village's improvements or rights-of-way, the wireless provider, at its own cost and expense, shall carry the following insurance:
A. Property insurance for its property's replacement cost against all risks;
B. Worker's compensation insurance with the statutory limits;
C. Commercial general liability insurance with respect to its activities on the Village's improvements or rights-of-way, with limits not less than:
(i) Five million dollars ($5,000,000) for bodily injury or death to each person;
(ii) Five million dollars ($5,000,000) for property damage resulting from any one accident; and
(iii) Five million dollars ($5,000,000) for all other types of liability;
D. Automobile liability for owned, non-owned and hired vehicles with a combined single limit of one million dollars ($1,000,000) for personal injury and property damage for each accident; and
E. Employer's liability insurance with limits of not less than one million dollars ($1,000,000) per employee and per accident.
(2) If the wireless provider is not providing such insurance to protect the contractors and subcontractors performing the work, then such contractors and subcontractors shall comply with this Section.
(b) Copies required. The wireless provider shall include the Village as an additional insured on the commercial general liability policy and provide certification and documentation of inclusion of the Village in a commercial general liability policy prior to the collocation of any small wireless facility.
(c) Maintenance and renewal of required coverages. The insurance policies required by this Section shall contain the following endorsement:
(1) It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until ten (10) days after receipt by the Village, by registered mail or certified mail, return receipt requested, of a written notice addressed to the Village's Director of Public Works of such intent to cancel or not to renew.
(2) Within seven (7) days after receipt by the Village of said notice, and in no event later than three (3) days prior to said cancellation, the wireless provider shall obtain and furnish to the Village evidence of replacement insurance policies meeting the requirements of this Section.
(d) Self-insurance. The wireless provider may self-insure all or a portion of the insurance coverage and limit requirements required by subsection (a) of this Section. A wireless provider that self-insures is not required, to the extent of the self-insurance, to comply with the requirement for the naming of additional insureds under this section. A wireless provider that elects to self-insure shall provide to the Village evidence sufficient to demonstrate its financial ability to self-insure the insurance coverage and limits required by the Village.
(e) Effect of insurance and self-insurance on wireless provider's liability. The legal liability of the wireless provider to the Village and any person for any of the matters that are the subject of the insurance policies or self-insurance required by this Section shall not be limited by such insurance policies or self-insurance or by the recovery of any amounts thereunder.
(Ord. 1679. Passed 9-10-18.)