Ordinance 99-66 - Laserfiche WebLink

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agreement, any approval granted by such resolution will be null and void. This processing fee is therefore intended to be a charge incidental to the awarding or enforcing of a franchise within the meaning of Section 622(g)(2)(D) of the Cable Act, 47 U.S.C. S542(g)(2)(D), and may not be deducted from the franchise fee imposed in a franchise agreement and shall not be passed through to subscribers. Sec. 9. Insurance: surety: indemnification. (a) A franchisee shall maintain, and by its acceptance ofthe franchise, specifically agrees that it will maintain, throughout the entire term of the franchise including any renewals thereof, the following liability insurance coverage insuring the franchisee and naming the City as an additional insured; worker's compensation and employer liability insurance to meet all requirements of State law and general comprehensive liability insurance with respect to the construction, operation and maintenance of the cable system, and the conduct of franchisee's business in the City, in the minimum amounts of: (1) $500,000.00 for property damage in anyone accident; (2) $500,000.00 for personal bodily injury to anyone person; and (3) $1,000,00000 for personal bodily injury in anyone accident. (b) All insurance policies shall be with sureties qualified to do business in the State; shall be with sureties with a minimum rating of A-I in Best's Key Rating Guide, Property/Casualty Edition. The City may require coverage and amounts in excess of the above minimum where necessary to reflect changing liability exposure and limits or where required by law. (c) A franchisee shall keep on file with the City certificates of insurance which certificates shall indicate evidence of payment of the required premiums and shall indicate that the City, its Commissioners, officers, boards, commission, commissioners, agents and employees are listed as additional insureds. In the event of a potential claim such that the City claims insurance coverage, franchisee shall immediately respond to all reasonable requests by the City for information with respect to the scope of the insurance coverage. (d) All insurance policies shall name the City, as additional insured and shall further provide that any cancellation or reduction in coverage shall not be effective unless thirty (30) days prior written notice thereof has been given to the City. A franchisee shall not cancel any required insurance policy without submission ofproofthat the franchisee has obtained alternative insurance satisfactory to the City which complies with this article. ( e) A franchisee shall, at its sole cost and expense, indemnify, hold harmless, and defend the City, its officials, boards, commissions, commissioners, agents and employees, against any and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and expenses arising out of the construction, maintenance or operation of its cable system, the conduct Cable Ordinance -16-