Sec. 8-23. - Insurance and indemnification generally.

(a)

Liability insurance. Upon acceptance of the award of any license issued pursuant to this chapter, each licensee shall, at his own expense, provide insurance, satisfactory to the county, in the face amount of not less than five hundred thousand dollars ($500,000.00), for the term of the license granted, protecting the county of Sonoma, its board of supervisors, and the officers, agents and employees of the county, from any liability for loss or damage, including court costs, and reasonable attorney fees, whether arising from breach of contract or otherwise, by reason of or arising out of the failure by the licensee to secure the consents of owners, authorized distributors, or licensees of any programs to be presented upon or delivered through the licensee's CATV system. Insurance provided by this subsection shall be in addition to any comprehensive liability insurance required by any other subsection of this section. Licensee shall furnish the county with a copy of the policy, evidencing such insurance, which shall be filed with the director of the department of public works, concurrent with the filing of the acceptance of the award of the license. The licensee shall annually renew said policy and file a copy of said renewal policy with the department of public works at the same time as is herein provided for filing annual statements pursuant to this chapter. Such policy shall provide coverage for the period commencing March 1 of each year, to and until the last day of February next succeeding. The insurance required by this subsection may be satisfied by a proper endorsement to the comprehensive liability policy required pursuant to subsection (b) of this section. In the event a licensee is unable to secure such insurance, the county may, in lieu thereof, accept an appropriate agreement of indemnification.

(b)

Comprehensive liability insurance. Upon acceptance of the award of any license issued pursuant to this chapter, the licensee shall, at his own expense, provide insurance, satisfactory to the county, in the amounts not less than three hundred thousand dollars ($300,000.00) per individual occurrence, five hundred thousand dollars ($500,000.00) per aggregate occurrence, and fifty thousand dollars ($50,000.00) for property damage. Said insurance shall protect the county of Sonoma, its board of supervisors, its officers, boards, commissions, agents and employees harmless from any liability for bodily injury, death, property damage, or inverse condemnation arising in any respect, directly or indirectly, out of any operation or activity of the licensee or his officers, agents, employees, representatives or other persons, pursuant to license granted hereunder. The licensee shall furnish the county with a copy of such insurance policy, which shall be filed with the director of the department of public works, concurrent with the filing of the acceptance of the award of the license. The licensee shall annually thereafter renew said insurance and file a copy of such renewal policy with the department of public works at the same time as is provided in this chapter for filing annual financial statements. Said policy shall provide coverage for the period commencing March 1 of said year to and until the last day of February next succeeding.

(c)

Additional insured; cancellation. The policies of insurance required by subsections (a) and (b) of this section shall name the County of Sonoma, its board of supervisors, its officers, boards, commissions, agents and employees, as additional insureds and shall contain a provision that written notice of cancellation or reduction in coverage of such policy shall be delivered to the county thirty days in advance of the effective date thereof; if such insurance is provided by a policy which also covers licensees or other entities or persons, other than those above named, then such policy shall contain the standard cross-liability endorsement. The promises and agreements in this section are not conditioned or dependent upon whether or not the county has approved any plans or specifications in connection with any license, or has insurance or other indemnification covering these matters. In lieu of annually filing copies of policies evidencing insurance, required by subsections (a) and (b), a licensee may file one policy evidencing insurance coverage for periods of more than one year, provided that any such policy shall cover periods in excess of one year for full increments of one year, which year shall end the last day of February of each such additional year. Any said policy evidencing coverage in excess of one year shall be renewed at the expiration of its term and a copy of said renewal policy shall be filed with the director of the department of public words in the same manner as is hereinabove provided for annual renewal policies of insurance.

(d)

Upon acceptance of any license by a licensee, such licensee shall enter into a written agreement to indemnify, defend and save the County of Sonoma, its board of supervisors and the officers, agents and employees of each of them, harmless from any and all claims for loss, damage, injury or liability of any nature whatsoever, including, without limitation, inverse condemnation, arising out of the activities or operation of the licensee, or any of its officers, directors, agents, representatives, patrons, customers, admittees, guests or invitees, pursuant to his license. The licensee shall agree to pay any awards for loss or damage which may be awarded due to any occurrence arising out of the activities of the licensee, its officers, agents, employees, representatives, patrons, customers, admittees, guests, invitees, or other persons arising out of the activities of the licensee pursuant to the license issued under this chapter. Said written agreement shall be filed at the same time licensee files his acceptance of his license.

(Ord. No. l638 § 1.)