Chapter 5.35 FRANCHISE - TELECOMMUNICATIONS
Section 5.35.150 Insurance
The Franchisee shall have a continuing duty to procure and maintain insurance against
claims for injuries to persons or damages to the property which may arise from, or in
connection with the exercise of the rights, privileges, and authority granted hereunder to
the Franchisee, its agents, representatives, or employees. On or before the first day of
January of each and every year, the Franchisee shall provide to the City for its records an
insurance certificate relative to sub-paragraphs A & B below naming the City as an
additional insured as its respective interests may appear prior to the commencement of
any work or installation of any facilities pursuant to this franchise. Such insurance
certificate shall evidence at a minimum insurance in an amount equal to or greater than
the then existing governmental immunity caps as per the governmental immunity act,
Title 63G, Chapter 7 as is currently in effect or as may be from time to time amended by
the Utah State Legislature. At the time this ordinance is adopted the following insurance
coverage amounts will be sufficient:
A. Comprehensive general liability insurance written
on an occurrence basis,
including contractual liability coverage with limits inclusive of umbrella or excess
liability coverage of not less than:
1. $2,000,000.00 for bodily injury or death to each
person; and
2. $2,000,000.00
for property damages resulting from anyone accident.
B. Automobile liability for owned, non-owned, and hired
vehicles with a limit
inclusive of umbrella or excess liability coverage of $2,000,000.00 for each person and
$2,000,000.00 for each accident.
The liability insurance policies required by this section shall be maintained
by the
Franchisee throughout the term of a franchise and such other period of time during which
the Franchisee is operating without a franchise hereunder, or is engaged in the removal of
its communication system. Payment of deductibles and self-insured retentions shall be the
sole responsibility of the Franchisee. The insurance certificate required by this section
shall (1) contain a clause stating that the coverage shall apply separately to each insured
against whom a claim is made or suit is brought except with respect to the limits of the
insurer’s liability, and (2) show the City as an additional insured. The Franchisee’s
insurance shall be primary insurance with respect to the City. Any insurance maintained
by the City, its officers, officials, employees, consultants, agents, and volunteers shall be
in excess of the Franchisee’s insurance and shall not contribute with it.
C. Workers compensation within statutory limits.
(Ord. 2009-25, Add, 10/30/2009)