The cable television commission shall file with the clerk of each of the governing bodies of the county and cities not later than one hundred twenty (120) calendar days after the initial CATV franchise is issued and at all times thereafter maintain in full force and effect at its sole expense, the following insurance:
1. General Liability. General Liability insurance including, but not limited to, protection for claims of bodily injury and property damage liability, personal and advertising injury liability, and products and completed operations liability. Coverage shall be at least as broad as insurance services office commercial general liability coverage for CG 0001 (occurrence). The limits of liability shall not be less than:
a. Each occurrence, one million dollars ($1,000,000.00);
b. Personal and advertising injury, one million dollars ($1,000,000.00);
c. General aggregate, two million dollars ($2,000,000.00);
d. Products and complete operations aggregate, two million dollars ($2,000,000.00);
The policy shall cover contractual liability applicable to the franchisee's assumed liability under this contract.
2. Automobile Liability. Automobile liability insurance providing protection against claims of bodily injury and property damage arising out of ownership, operation, maintenance, or use of owned, hired, and nonowned automobiles. Coverage shall be at least as broad as insurance services office automobile liability coverage form CG 0001, symbol 1 (any auto). The limits of liability shall not be less than:
a. Bodily injury and property damage combined single limit, one million dollars ($1,000,000.00);
If general liability coverage, as required in subsection (A)(1) of this section, is provided by the commercial general liability form, the automobile liability policy shall include an endorsement providing automobile contractual liability.
3. Workers' Compensation. Workers' compensation insurance, with coverage as required by the state of California (unless the franchisee is a qualified self-insurer with the state of California), and employers liability coverage. The limits of employers liability shall not be less than:
a. Each accident, one million dollars ($1,000,000.00);
b. Disease each employee, one million dollars ($1,000,000.00);
c. Disease policy limit, one million dollars ($1,000,000.00).
4. Excess or Umbrella Liability. Excess of umbrella liability providing excess coverage at least as broad as the underlying coverage for general liability, automobile liability and employers liability with a limit of four million dollars ($4,000,000.00) per occurrence and in the aggregate.
B. The commission's general liability and excess or umbrella liability policies, shall contain the following provisions:
1. The county and cities, their officials, agents, employees, representatives and volunteers, shall be covered as additional insureds as respects liability arising out of the activities performed by or on behalf of the commission. The policy shall contain no special limitations on the scope of coverage afforded to the county and cities, their officials, agents, employees, representatives or volunteers.
2. The commission's insurance coverage shall be primary insurance as respects the county and cities, their officials, agents, employees, representatives or volunteers. Any insurance or self-insurance maintained by the county and or cities, their officials, agents, employees, representatives or volunteers shall be excess of the commission's insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies on the part of the commission, including breaches of warranties or unintentional misrepresentations, shall not affect coverage provided to the county and cities, their officials, agents, employees, representatives or volunteers.
4. The commission's workers' compensation and employer's liability policies shall contain an endorsement that waives any rights of subrogation against the county and cities, their officials, agents, employees, representative or volunteers.
5. Each insurance policy shall state that coverage shall not be suspended, voided, canceled by either party, reduced in scope or in limits, nonrenewed, or materially changed unless the insurer provides thirty (30) days advance written notice by certified mail to the clerk of each of the governing bodies of the county and cities, prior to such change. The insurer shall provide ten (10) days advance written notice by certified mail to the clerk of each of the governing bodies of the county and cities in the event of cancellation due to nonpayment of premium.
6. All of the commission's insurance coverage, except as noted below, shall be placed with insurance companies with a current A.M. Best's rating of at least A-:VII.
Exceptions:
a. Underwriters at Lloyd's of London;
b. Workers' compensation which is provided through a State Compensation Insurance Fund.
7. The commission shall furnish the county and cities with certificates of insurance, including copies of all endorsements specifically required hereunder, signed by a person authorized by the insurer to bind coverage on its behalf, as evidence of the coverage required by this section.
8. The form and substance of the insurance required of the commission shall be subject to the approval of the county of Sacramento risk manager. Any acceptance of insurance certificates by the county or cities shall in no way limit or relieve commission of commission's duties and responsibilities set forth in this chapter. (Ord. 97-076 § 5; prior code § 20.08.712)