<div class="chunk-title">Sec. 23-102. - Liability and insurance.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               Prior to the commencement of construction, but in no event later than 60 days after
               the effective date of the franchise 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, acceptable to the county, for all types
               of insurance required under this section. Failure to furnish said 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, or certificates thereof, in compliance
               with this section shall be filed and maintained with the clerk to the board 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. 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 the provisions of this section or any damages recovered by the county hereunder
               shall be construed to or limit the liability of the grantee under any franchise issued
               hereunder 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 the provisions of this article or the franchise
               shall be written by companies authorized to do business in the state, and approved
               by the state department of insurance.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               At any time during the term of the franchise, the county may request and the grantee
               shall comply with such request, to name the county as an additional named insured
               for all insurance policies written under the provisions of this article or the franchise.
               </p>
            		
            <p class="incr0">
               (h)
               </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 herein 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">
               (i)
               </p>
            		
            <p class="content1">
               General liability insurance. The grantee shall maintain, and by its acceptance of
               any franchise granted hereunder specifically agrees that it will maintain throughout
               the term of the franchise, general liability insurance insuring the grantee in the
               minimum of:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               One million dollars for property damage per occurrence;
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Two million dollars for property damage aggregate;
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Five million dollars for personal bodily injury or death to any one person; and
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Ten million dollars bodily injury or death aggregate per single accidence or occurrence.
               </p>
            		
            <p class="incr0">
               (j)
               </p>
            		
            <p class="content1">
               Such general liability insurance must include coverage for all of the following: comprehensive
               form, premises, operations, explosion and collapse hazard, underground hazard, products/completed
               operations hazard, contractual insurance, broad form property damage, and personal
               injury.
               </p>
            		
            <p class="incr0">
               (k)
               </p>
            		
            <p class="content1">
               Automobile liability insurance. The grantee shall maintain, and by its acceptance
               of any franchise granted hereunder specifically agrees that it will maintain throughout
               the term of the franchise, automobile liability insurance for owned, nonowned, or
               rented vehicles in the minimum amount of:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Three million dollars for bodily injury and consequent death per occurrence;
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               One million dollars for bodily injury and consequent death to any one person;
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Five hundred thousand dollars for property damage per occurrence.
               </p>
            		
            <p class="incr0">
               (l)
               </p>
            		
            <p class="content1">
               Worker's compensation and employer's liability insurance. The grantee shall maintain
               and by its acceptance of any franchise granted hereunder specifically agrees that
               it will maintain throughout the term of the franchise, worker's compensation and employer's
               liability, valid in the state, in the minimum amount of:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Statutory limit for worker's compensation.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               One hundred thousand dollars for employer's liability.
               </p>
            		
            <p class="historynote0">
               (Ord. of 10-10-05, Â§ 25-132)
               </p></div>