<div class="chunk-title">Sec. 40-107. - Liability and insurance.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               Prior to commencement of construction, but in no event later than 60 days after the
               effective date of the franchise granted pursuant to this article and thereafter continuously
               throughout the duration of the franchise and any extensions or renewals thereof, the
               grantee shall furnish to the county certificates of insurance, approved by the county,
               for all types of insurance required under this section. Failure to furnish the certificates
               of insurance in a timely manner shall constitute a violation of this article.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               Any insurance policy obtained by the grantee in compliance with this section shall
               be filed and maintained with the county clerk during the term of the franchise and
               may be changed from time to time to reflect changing liability limits and/or to compensate
               for inflation. The grantee shall immediately advise the county of any litigation that
               may develop that would affect this insurance.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               Neither this section nor any damages recovered by the county under this section shall
               be construed to limit the liability of the grantee under any franchise issued under
               this article or for damages.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               All insurance policies maintained pursuant to this article or the franchise shall
               contain the following or a comparable endorsement:
               </p>
            		
            <p class="b1">
               "It is hereby understood and agreed that this insurance policy may not be canceled
               by the insurance company nor the intention not to renew be stated by the insurance
               company until 30 days after receipt by the County Manager, by registered mail, of
               a written notice of such intention to cancel or not to renew."
               </p>
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               All contractual liability insurance policies maintained pursuant to this article or
               the franchise shall include the provision of the following hold harmless clause:
               </p>
            		
            <p class="b1">
               "The grantee agrees to indemnify, save harmless and defend the county, its officials,
               agents, servants, and employees, and each of them against and hold it and them harmless
               from any and all lawsuits, claims, demands, liabilities, losses and expenses, including
               court costs and reasonable attorney's fees for or on account of any injury to any
               person, or any death at any time resulting from such injury, or any damage to any
               property, which may arise or which may be alleged to have arisen out of or in connection
               with the work covered by the franchise and performed or caused to be performed. The
               foregoing indemnity shall apply except if such injury, death or damage is caused directly
               by the negligence or other fault of the county, its agents, servants, or employees
               or any other person indemnified hereunder."
               </p>
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               All insurance policies provided under this article or the franchise shall be written
               by companies authorized to do business in the state and approved by the state board
               of insurance.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               To offset the effects of inflation and to reflect changing liability limits, all of
               the coverages, limits, and amounts of the insurance provided for in this section are
               subject to reasonable increases at the end of every three-year period of the franchise,
               applicable to the next three-year period, upon the determination of the county.
               </p>
            		
            <p class="incr0">
               (h)
               </p>
            		
            <p class="content1">
               General liability insurance. The grantee shall maintain and, by its acceptance of
               any franchise granted under this article, specifically agrees that it will maintain
               throughout the term of the franchise general liability insurance insuring the grantee
               in the minimum of the following:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               For property damage, per occurrence, $1,000,000.00;
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               For property damage, aggregate, $2,000,000.00;
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               For personal bodily injury or death to any one person, $5,000,000.00; and
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               For bodily injury or death, aggregate, per single accident or occurrence, $10,000,000.00.
               </p>
            		
            <p class="incr0">
               (i)
               </p>
            		
            <p class="content1">
               Such general liability insurance must include coverage for all of the following:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Comprehensive form;
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Premises operations;
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Explosion and collapse hazard;
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Underground hazard;
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               Products/completed operations hazard;
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               Contractual insurance;
               </p>
            		
            <p class="incr1">
               (7)
               </p>
            		
            <p class="content2">
               Broad form property damage; and
               </p>
            		
            <p class="incr1">
               (8)
               </p>
            		
            <p class="content2">
               Personal injury.
               </p>
            		
            <p class="incr0">
               (j)
               </p>
            		
            <p class="content1">
               Automobile liability insurance. The grantee shall maintain and, by its acceptance
               of any franchise granted under this article, specifically agrees that it will maintain
               throughout the term of the franchise automobile liability insurance for owned, nonowned,
               or rented vehicles in the minimum amounts as follows:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               For bodily injury and consequent death per occurrence, $1,000,000.00.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               For bodily injury and consequent death to any one person, $1,000,000.00.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               For property damage per occurrence, $500,000.00.
               </p>
            		
            <p class="incr0">
               (k)
               </p>
            		
            <p class="content1">
               Workers' compensation and employer's liability insurance. The grantee shall maintain
               and, by its acceptance of any franchise granted under this article, specifically agrees
               that it will maintain throughout the term of the franchise workers' compensation and
               employer's liability, valid in the state, in the following minimum amounts:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Statutory limit for workers' compensation.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               For employer's liability, $100,000.00.
               </p>
            		
            <p class="historynote0">
               (Code 1995, Â§ 517.051)
               </p></div>