(a) 
A user shall obtain and maintain insurance in the amounts reasonably prescribed by the town with an insurance company licensed to do business in the state and acceptable to the town throughout the term of occupancy of public rights-of-way. At the time of registration, a permittee shall furnish the town with proof of insurance. The town reserves the right to review the insurance requirements and to reasonably adjust insurance and limits when the town determines that changes in statutory law, court decisions or the claims history of the industry or the permittee require adjustment of the coverage. For purposes of this section, the town will accept certificates of self-insurance issued by the state or letters written by the permittee in those instances where the state does not issue such letters, which provide the same coverage as required herein. However, for the town to accept such letters the permittee must demonstrate by written information that it has adequate financial resources to be a self-insured entity as reasonably determined by the town, based on financial information requested by and furnished by the town.
(b) 
The permittee shall furnish to the town administrator or designee copies of certificates of insurance or proof of self-insurance evidencing the coverage required by section 3.05.182 to the town.
(c) 
An insurance certificate shall contain the following required provisions:
(1) 
Name the town and its officers, employees, board members and elected representatives as additional insureds for all applicable coverage.
(2) 
Provide for thirty (30) days’ notice to the town for cancellation or nonrenewal.
(d) 
The permittee shall immediately advise the town attorney of actual or potential litigation that may develop and affect an existing carrier’s obligation to defend and indemnify.
(e) 
This section creates no right of recovery of an insurer against the town. The required insurance policies shall protect the permittee and the town. The insurance shall be primary coverage for losses covered by the policies.
(f) 
The policy “other insurance” shall not apply to the town if the town is an insured under the policy.
(g) 
The permittee shall pay premiums and assessments. A company which issues an insurance policy has no recourse against the town for payment of a premium or assessment. Insurance policies obtained by the permittee must provide that the issuing company waives all right of recovery by way of subrogation against the town in connection with damage covered by the policy.
(Ordinance 06-224, sec. 2 (9.341), adopted 5/18/06)
(a) 
Comprehensive general liability:
(1) 
Property damage: $1,000,000.00.
(2) 
Personal injury: $1,000,000.00.
(3) 
Products-comp/op agg: $2,000,000.00.
(4) 
Aggregate: $2,000,000.00.
(b) 
Comprehensive automobile liability:
(1) 
Personal injury, each person: $500,000.00.
(2) 
Property damage, each occurrence: $500,000.00.
(c) 
Worker’s compensation and employer’s liability:
(1) 
Each accident: $1,000,000.00.
(2) 
Disease, policy limit: $1,000,000.00.
(3) 
Disease, each employee: $1,000,000.00.
(d) 
Umbrella liability insurance:
(1) 
Combined single limit: $5,000,000.00.
(Ordinance 06-224, sec. 2 (9.342), adopted 5/18/06)
(a) 
Except as to certificated telecommunications providers, each permittee placing facilities in the public rights-of-way shall agree to promptly defend, indemnify and hold the town harmless from and against any and all claims, demands, suits, causes of action and judgments for (i) damage to or loss of the property of any person (including but not limited to the user, a permittee, its agents, officers, employees and subcontractors, the town’s agents, officers and employees, and third parties), and/or (ii) death, bodily injury, illness, disease, loss of services or loss of income or wages to any person (including but not limited to the agents, officers, contractors, subcontractors and employees of the user, a permittee or the town and third parties), arising out of, incident to, concerning or resulting from the negligent or willful act or omissions of the permittee or its agents, employees and/or subcontractors, in the performance of activities pursuant to this division.
(b) 
This indemnity provision shall not apply to any liability attributable to the negligence of the town or its officers, employees, agents, contractors or subcontractors.
(c) 
The provisions of this indemnity are solely for the benefit of the town and are not intended to create or grant any rights, contractual or otherwise, to any other permittee or entity.
(Ordinance 06-224, sec. 2 (9.343), adopted 5/18/06)