949.05 INSURANCE AND INDEMNIFICATION.

   Operator Insurance: As a condition of the work permit an Operator must secure and maintain, at a minimum, the following liability insurance policies insuring both the Operator and the City as additional insured:

   (a)    Comprehensive general liability insurance with limits not less than

      (1)   One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) annual aggregate, for bodily injury or death to each Person;

      (2)   One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) annual aggregate, for property damage resulting from any one accident; and

      (3)   One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) annual aggregate, for all other types of liability.

    (b)   The liability insurance policies required by this Section shall be maintained by the Operator throughout the period of time during which the Operator is Occupying or Using the Public Way, or is engaged in the removal of its Facilities. Each such insurance policy shall contain the following endorsement:

"It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until thirty (30) days after receipt by the City of Wooster, by registered mail, of a written notice addressed to the Director of Administration of such intent to cancel or not to renew."

   (c)   Within thirty (30) days after receipt by the City of said notice, and in no event later than fifteen (15) days before said cancellation, the Operator shall obtain and furnish to the City replacement insurance policies meeting the requirements of this Section.

   (d)   All insurance policies required herein shall be written with an insurance company authorized to do business in the State of Ohio in relation to the specific type of insurance required.

   (e)   Upon written application to, and written approval by, the Director of Finance of the City, an Operator may be self-insured to provide all of the same coverages as listed in this Section. As part of the review process, the Director of Finance may require, and the self-insurance applicant shall provide, any and all financial documents necessary to make a valid determination of the applicant's ability to meet the needs of this Chapter.

   (f)    General Indemnification. Any Operator who owns or operates small cell facilities or wireless support structures in the public way shall indemnify, protect, defend, and hold the City of Wooster and its elected officials, officers, employees, agents, and volunteers harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees to include reasonable attorney fees and costs of defense, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including personal or bodily injury or death, property damage or other harm for which recovery of damages is sought, to the extent that it is caused by the negligence of the Operator who owns or operates small cell facilities and wireless service in the public way, any agent, officer, director, representative, employee, affiliate, or subcontractor of the Operator, or their respective officers, agents, employees, directors, or representatives while installing, repairing, or maintaining facilities in the public way.

      (Ord. 2018-013. Passed 7-2-18.)