§ 49.10.01. General.

(A)

Upon issuance of a certificate of registration by the city, a provider is required, or by accepting a permit a permittee is required, prior to any construction, and at all times throughout the terms and conditions of this title and/or until any necessary removal of facilities provided for herein or site restoration is completed to restore the site to a condition comparable or better to that which existed prior to the issuance of the certificate of registration or permit, to obtain, pay all premiums for, and file with the city's service-safety director or his/her designee written evidence of payment of premiums and executed duplicate copies of the following insurance policies and bonds in forms to be approved by the city's director of law:

(1)

A general comprehensive liability policy naming the city, its officers, boards, commissions, agents and employees as co-insureds on all claims on account of injury to or death of a person or persons occasioned by the construction, maintenance, or operation of the system or alleged to have been so occasioned, with a minimum liability of $1,000,000.00 for injury or death to any one person in any one occurrence and annual aggregate of $3,000,000.00.

(2)

A property damage insurance policy naming the city, its officers, boards, commissions, agents and employees as co-insureds on all claims for property damage, real or personal, occasioned by the construction, maintenance or operation of the system or alleged to have been so occasioned, with a minimum liability coverage of $1,000,000.00 for damage to the property of any one person in any one occurrence and annual aggregate of $3,000,000.00.

(B)

Those applicants maintaining a book value in excess of $50,000,000.00 may submit a statement requesting to self-insure. If approval to self-insure is granted, applicant shall assure the city that such self-insurance shall provide the city with no less than would have been afforded to the city by a third party insurer providing applicant with the types and amounts of coverage detailed in this section. This statement shall include:

(1)

Audited financial statements for the previous year; and

(2)

A description of the applicant's self-insurance program; and

(3)

A listing of any and all actions against or claims made against applicant for amounts over $1,000,000.00 or proof of available excess umbrella liability coverage to satisfy all total current claim amounts above $50,000,000.00.

(C)

The city may require a letter of credit or a substantial equivalent form of security in an amount determined by the service-safety director or his/her designee to be appropriate based upon fair and reasonable criteria to ensure performance of all terms, conditions, and obligations of this title, including removal of facilities; serve as security for any expenditure, damage, or loss incurred by the city occasioned by the provider's violation of this title, rules, regulations, orders, permits, and other directives of the city issued pursuant to this title; and to ensure payment of fees and to secure other financial obligations.

(D)

Unless a construction default, problem, or deficiency involves an emergency or endangers the safety of the general public, the service-safety director or his/her designee shall make all reasonable efforts to allow a provider a period of five calendar days after sending notification in writing to correct or repair any default, problem, or deficiency prior to the service-safety director or his/her designee attachment of the letter of credit or surety bond.

(E)

Upon attachment of a bond or letter of credit as contemplated herein, written notice shall be provided to the provider by the service-safety director or his/her designee.

(F)

The city may require documentation that applicant or provider maintains standard workers' compensation coverage as required by law. Similarly, provider shall require any subcontractor to provide workers' compensation coverage in amounts required by law for all of the subcontractor's employees.

(Ord. No. 0-149-18, § I, 12-10-2018)