§ 32-220. Insurance and bond requirement.

(a)

Insurance . Each franchisee shall file with the city evidence of liability insurance with an insurance company licensed to do business in Kansas. The amount will be not less than $1,000,000.00 per occurrence and $2,000,000.00 in aggregate. The insurance will protect the city from and against all claims by any entity whatsoever for loss or damage from personal injury, bodily injury, death, or property damage to the extent caused or alleged to have been caused by the negligent or wrongful acts or omissions of the franchisee. The franchisee shall also have coverage for automobile liability in an amount of not less than $1,000,000.00 per occurrence and $2,000,000.00 in aggregate. The city shall be an additional insured on all policies of franchisee, to the extent permitted by law, unless waived in writing by the city. If the franchisee is self-insured, it shall provide the city proof of compliance regarding its ability to self -insure and proof of its ability to provide coverage in the above amounts, and shall agree to indemnify and hold the city harmless for any losses associated with franchisee's activities in the right-of-way. All contractors actually performing work for any franchisee shall be subject to the same insurance requirements set forth herein. A copy of the liability insurance certificate or proof of self-insurance must be on file with the city clerk.

(b)

Bond . To the extent any franchisee installs, constructs, maintains, extends or operates any facilities in the right-of-way, it shall maintain a performance and maintenance bond as set forth in the city's ordinance for construction and use of rights-of-way, or as set forth in the franchise ordinance of franchisee. To the extent any franchisee installs, constructs, maintains, extends or operates any facilities anywhere else within the city, the city may require a bond in the franchise when reasonably deemed necessary. A copy of any required bond must be on file with the city clerk.

(Ord. No. O-10-18 , § 1, 3-22-2018)