Yucaipa Municipal Code Art. VIII Protection of City Against Liability

The city shall make reasonable efforts to provide a franchisee with written notice within ten (10), but within not later than fifteen (15), days after being served with any lawsuit for which indemnification may be sought under this section.

4.20.107.1.5. The expiration or termination of a franchise agreement shall not relieve or exonerate the franchisee from its obligations to indemnify and defend the city pursuant to this Section 4.20.107.1 and Section 4.20.107.2, such obligations survive the expiration or termination of such franchise agreement as to acts, errors, or omissions of the franchisee occurring prior to such expiration or termination.

(Ord. 205 § 3, 2001)

Within twenty (20) calendar days after receiving notice of award of a cable service provider franchise agreement or notice of renewal of a cable service provider franchise insurance policies. The franchisee shall procure and maintain during the entire period of the minimum insurance coverage's:

Upon acceptance of a franchise, the franchisee shall file with the cable administrator and shall thereafter during the entire term of such franchise maintain in full force and effect at its own expense an insurance policy or policies which shall insure franchisee and provide primary coverage for the city, its officers, boards and board members, commissions and commission members, agents, consultants, volunteers and employees, against loss or liability for personal injury, death, property damage (both automobile and non-automobile cause), or other damages. Such policy or policies shall include insurance against damages from copyright infringement (common law or statutory) and a failure of franchisee to secure trademark rights, occasioned by any activity or operation of franchisee under a cable service provider franchise, and regardless of any claimed or actual activities of the city, its officers, boards and board members, commissions and commission members, agents, consultants, volunteers and employees. The city may waive the requirement for insurance from one or more perils mentioned in the last preceding sentence upon a finding that such insurance cannot be procured or cannot be procured at a reasonable cost, and in connection therewith may reduce the otherwise required limits on coverage hereafter set forth. However, if such insurance cannot be procured, the franchisee’s insurance broker or agent must document its unavailability by showing a good faith effort to obtain such insurance. Such policy shall contain a cross-liability endorsement. Such policy or policies shall be issued by a company authorized to transact insurance business in the state of California and shall have a rating of “A+ VII” or better as set forth in the most current edition of “Bests Insurance Guide,” with minimum limits of coverage in the amounts set forth in Section 4.20.107.3.1, for bodily injury and property damage, including coverage for comprehensive general liability, contractual liability, owned automobiles, non-owned automobiles, and for-hire automobiles. Such limits of coverage may be subject to reasonable deductibles.

The policy or policies shall name the city, its officers, boards and board members, commissions and commission members, agents, consultants, volunteers and employees as additional insurers and contain a provision that a written notice of any cancellation or modification that relates to a diminution in the scope of coverage under this section or reduction in the limits of coverage of said policy shall be delivered to the cable administrator thirty (30) days in advance of the effective date thereof. The franchisee shall provide the cable administrator with certificates of insurance and any and all amendments thereto, including, but not limited to, all endorsements, exclusions and provisos. The cable administrator shall review such certificates of insurance and shall approve the same if the terms and conditions of the insurance represented thereby are consistent with the requirements of this section. If any such certificates of insurance and amendments, endorsements, exclusions and provisos thereto fall to evidence the coverage required under this section, the franchisee shall take such action as shall be necessary to secure such coverage within ten business days following receipt of notice thereof from the city. The city reserves the right to reject a specific policy if its terms, definitions and exclusions prohibit or diminish coverage and liability as required by the ordinance codified in this title.

(Ord. 205 § 3, 2001)

Upon acceptance of a franchise, and annually thereafter, a franchisee shall provide the cable administrator with evidence that it has in effect employer liability insurance or workers’ compensation coverage and/or has undertaken self-insurance in accordance with the provisions of applicable state law and is maintaining a policy or policies of employers’ liability insurance with no less than the legal minimum limits.

(Ord. 205 § 3, 2001)

The city may review the insurance required herein during the term of the franchisee’s franchise and, based upon any material adverse changes in liability exposure or legal requirements, reserves the right at any time during the term of a franchise agreement to reasonably change, by increasing or decreasing, the amounts and types of insurance required thereunder by giving a franchisee ninety (90) days written notice.

(Ord. 205 § 3, 2001)

A franchisee’s failure to procure or maintain required insurance shall constitute a material breach of the ordinance codified in this title and a franchise agreement. Under such a circumstance, the city may, at its discretion, procure or renew such insurance to protect the city’s interests and pay any and all premiums in connection therewith and recover all moneys so paid from the franchisee, and assess liquidated damages for such a material breach and/or seek revocation or termination of the franchisee’s franchise.

(Ord. 205 § 3, 2001)