§ 5.01.180. Insurance.

(a) Securing and maintaining all insurance coverages, or demonstrating the ability to self-insure, for the minimum limits required herein is a condition of the franchise or rights-of-way license agreement, and no franchisee or rights-of-way licensee shall commence work in county rights-of-way until all insurance requirements have been met.

(b)

All primary and excess insurance obtained for meeting the requirements of this section must be provided in compliance with Nevada Revised Statutes, Title 57, and any commercial insurance carrier providing any required coverage must have an A.M. Best rating of A-VII; and

(1)

The franchisee or rights-of-way licensee shall provide a certificate of insurance naming Clark County, Nevada, as an additional insured, and stating that the policy will not be canceled, terminated or altered by the insurer, nor will the insurer state an intention not to renew until thirty days after providing written notification of such to the county manager; and

(2)

The franchisee or rights-of-way licensee shall be solely responsible for payment of all premiums for insurance policies required herein.

(c)

Within ten days after approval of the franchise or rights-of-way license agreement by the county commission, the franchisee or rights-of-way licensee shall provide proof of insurance to the county manager, and maintain in full force and effect through the term of the franchise or rights-of-way license agreement the following insurance coverages, insuring against all damages arising out of or resulting from the installation, construction, operation, and maintenance of the system:

(1)

General liability insurance, with minimum limits of two million dollars per occurrence, which includes coverage for products, completed operations, blanket contractual liability, independent contractor hazard, broad form property damage, including but not limited to coverage for explosion, collapse and underground hazard.

(2)

Automobile liability insurance, with a minimum combined single limit per occurrence of two million dollars, and which includes coverage for non-owned and hired automobile liability. Automobile liability insurance may be included as part of general liability insurance.

(3)

Workers' compensation insurance in accordance with Nevada Revised Statutes, Chapters 616A, 616B, 616C, 616D and 617.

(d)

The minimum limits may be provided for through a single primary insurance policy providing such coverage or through addition of an umbrella liability policy written in excess of the general liability, and automobile liability policies.

(e)

If insurance coverage is obtained on a claims-made form, the franchisee or rights-of-way licensee shall provide proof of coverage for "prior acts" and proof of coverage for claims reported within two years of any occurrence.

(f)

The required insurance may be provided in the form of conventional insurance, self-insurance, or a combination of conventional insurance and self-insurance retention.

(g)

The county commission may approve a plan of self-insurance as meeting the requirements of this section. The franchisee or rights-of-way licensee may apply for such approval by written request to the county manager, which shall include a detailed plan of self-insurance, including retention limits, named excess insurance carrier, if any, and a copy of audited financial statements. The county commission may impose conditions or requirements, including posting of security. Such conditions or requirements may be unique from one franchisee or rights-of-way licensee to another. The county commission may, at any time during the term of the franchise or rights-of-way license agreement, revoke approval of a plan of self-insurance, or impose requirements or conditions for continued approval. Failure to comply with the conditions or requirements imposed by the county commission shall be deemed as failure to meet the requirement for insurance under this section, and as a violation of a condition of the franchise or rights-of-way license agreement.

(Ord. 3132 § 1 (part), 2004: Ord. 2098 § 3 (part), 1998: Ord. 2045 § 1 (part), 1997)