5.20.160 Insurance.
A. During the term of any video services license, the video service provider shall maintain, or cause to be maintained, in full force and effect and at its sole cost and expense, the following types and limits of insurance:
1. Worker’s compensation insurance meeting Arizona statutory requirements and employer’s liability insurance with minimum limits of two million dollars ($2,000,000) for each accident.
2. Comprehensive commercial general liability insurance with minimum limits of ten million dollars ($10,000,000) as the combined single limit for each occurrence of bodily injury, personal injury and property damage. The policy shall include coverage for: products and completed operations liability; contractor’s liability; and coverage for property damage from perils of explosion, collapse or damage to underground utilities, commonly known as XCU coverage.
3. Pollution legal liability insurance (which provides coverage for sudden and accidental environmental contamination) with minimum limits of five million dollars ($5,000,000) and providing coverage for claims discovered within three years after the term of the policy.
4. Broadcaster’s liability coverage for loss or damage arising out of publications or utterances in the course of or related to advertising, broadcasting, telecasting or other communication activities conducted by or on behalf of the video service provider with minimum limits of ten million dollars ($10,000,000) as the combined single limit for each occurrence.
5. Automobile liability insurance covering all owned, hired, and nonowned vehicles in use by the video service provider, its employees and agents, with personal protection insurance and properly protection insurance to comply with the provisions of the Arizona No-Fault Insurance Law, with minimum limits of two million dollars ($2,000,000) as the combined single limit for each occurrence for bodily injury and property damage.
B. All insurance policies other than those for workers’ compensation and pollution legal liability insurance shall be written on an occurrence, and not on a claims made basis. The coverage amounts set forth above may be met by a combination of underlying (primary) and umbrella policies so long as in combination the limits equal or exceed those stated. All policies of insurance shall contain a waiver of subrogation clause.
C. All policies, except for workers’ compensation policies, shall name “the city of Maricopa, a municipal corporation of the state of Arizona and all associated, affiliated, allied and subsidiary entities of Maricopa, now existing or hereafter created, and their respective officers, boards, commissions, councils, employees, agents and contractors, as their respective interests may appear” as additional insureds (herein referred to as the “Additional Insureds”) and shall include cross liability coverage. Additionally, all insurance policies shall be written with a zero-dollar deductible (no deductible).
D. Certificates of insurance for each insurance policy required to be obtained by a video service provider in compliance with this section, along with written evidence of payment of required premiums, shall be filed and maintained with the city annually during the term of a video services license. A video service provider shall immediately advise the city of any claim or litigation that may result in liability to the city.
E. All insurance shall be effected under valid and enforceable policies, insured by insurers licensed to do business by the state of Arizona or surplus line carriers on the state of Arizona Insurance Director’s approved list of companies qualified to do business in the state of Arizona. All insurance carriers and surplus line carriers shall be rated A- or better by A.M. Best Company. Should the rating of an insurance carrier or surplus carrier fall below that set forth in the preceding sentence then a video services provider shall either immediately obtain policies from carriers complying with the preceding rating or the city may obtain at the video service provider’s expense policies from carriers meeting the preceding rating requirement.
F. A video service provider shall either require that each and every one of its contractors and their subcontractors carry, in full force and effect, workers’ compensation, comprehensive general liability and automobile liability insurance which complies with this section, or the video service provider may provide such coverages for any or all of its contractors or subcontractors (such as by adding them to its own policies).
G. As between city and/or additional insureds on the one hand, and a video service provider on the other hand, if more than one policy of insurance does or may apply to a given claim or matter, then the policy maintained by the video service provider pursuant to the applicable video services license shall be deemed the primary policy, and that policy shall contain a provision that states that it is the primary policy as opposed to any other policy of insurance that may apply to Maricopa and/or additional insureds on any given claim or matter. The term “policy of insurance” as applied to Maricopa/additional insureds shall include any self-insurance program, self-insured retention or deductible or risk pooling program, or an indemnification, defense or other similar program purchased or maintained by Maricopa/additional insureds. [Ord. 19-14 § 1; Res. 19-59; Code 2004 § 20-16.]