§ 10-41. Liability insurance.

(a)

A licensee shall file with the city within thirty (30) days after the effective date of the ordinance or resolution awarding an initial or renewal license, and shall maintain on file throughout the term of its license for the mutual benefit of the city and the licensee, commercial general liability insurance policies, written on an occurrence basis, against claims for bodily injury, death or property damage occurring on or about the licensee's cable system and appurtenances, which insurance shall cover such claims as may be occasioned by any act, omission or fault of the licensee or its officers, agents, representatives or employees during all times that the licensee will be constructing or operating the cable system authorized by its license. The minimum types of coverage and limits of such liability coverage shall not be less than:

Type of Insurance	Minimum Limits of Liability
Commercial General Liability	$1,000,000.00 combined single limit
premises/operations
products/completed operations
contractual
independent contractors (OCP)
personal injury with exclusion "C" deleted
Automobile Liability	$1,000,000.00 combined single limit
owned
hired
non-owned
Catastrophic Umbrella Insurance	$4,000,000.00 combined single limit in excess of the $1,000,000.00 underlying coverage

 

(b)

The city shall have no responsibility or liability for such insurance coverage. An enumeration of specific insurance coverage and amounts shall not limit the indemnity covenants contained in a license. A licensee shall at all times furnish the city with appropriate certificates of insurance. The certificates shall be issued by an insurance company licensed by the Arizona Department of Insurance or named by the Department on a list of authorized insurers maintained by the Department and in a form acceptable to the city's risk manager. A licensee shall provide a renewal certificate of the required insurance coverage to the city no less than ten (10) days prior to the expiration date.

(c)

The city and its elected or appointed boards, commissions, officers, agents and employees shall be named as an additional insured on a licensee's policies, except for worker's compensation and employer's liability coverage, and this shall be indicated on the certificates of insurance issued to the city. A licensee's coverage shall be primary for all losses related to its license.

(d)

A licensee's policy shall specifically provide full coverage for explosion, collapse and underground incidents.

(e)

All liability insurance policies shall carry a thirty (30) day notice of cancellation or modification endorsement.

(f)

All deductible amounts under liability insurance coverage shall be approved by the city.

(g)

The city may, during the term of a license, no more frequently than every three (3) years, modify the amounts of liability insurance required by this section, based on increases in the Consumer Price Index, so as to ensure full protection of the city and the public. A licensee shall have three (3) months from the date of notification from the city to comply with any increase.

(h)

The city may allow a licensee to self-insure all or part of the above-described insurance coverages if such licensee is of sufficient financial standing to reasonably provide such insurance. A licensee that desires to self-insure shall file with the city information that will enable the city to evaluate the request. Authorization to self-insure shall be reviewed annually on the anniversary of the license. Any licensee which wishes to continue self insurance shall notify the city and provide the city with information to enable the city to evaluate the request at least sixty (60) days before the anniversary date of its license. A licensee which does not intend to continue self insurance shall file with the city certificates of insurance conforming with subsection (b) for all of the above-described policy coverages at least thirty (30) days prior to the anniversary date of its license.

(i)

If a licensee fails to meet the insurance requirements of this section, the city, at its option, may acquire necessary insurance for the licensee and charge the licensee the cost of that insurance, or suspend part or all of the licensee's rights under the license.

(Ord. No. 2053, § 1, 12-8-98)