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10.A. Action 2019 0107
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10.A. Action 2019 0107
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
1/7/2019
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Agmt 2019 MLA for Small Cell Pole Attachment
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\City Clerk\City Council\Agreements\2019
Ord 2019-001 PAD
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\City Clerk\City Council\Ordinances\2019
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34 <br />19.1.9 Ratings. Licensee’s insurance companies must be licensed or authorized <br />to do business in California and must meet or exceed an A.M. Best rating of A-VII or its <br />equivalent. <br />19.1.10 Effective Dates. All insurance must be in effect before the City will <br />authorize Licensee to install Equipment on any City Pole and remain in force until all <br />Equipment has been removed from the License Area. Licensee is responsible for <br />determining whether the above minimum insurance coverages are adequate to protect its <br />interests. The above minimum coverages are not limitations upon Licensee’s liability. <br />19.1.11 Self-Insurance Alternative. Licensee may propose and the City may <br />accept an alternative insurance program, if that program provides equivalent protections <br />to the City as the insurance requirements in this Section, which the City will determine in <br />its sole discretion, in consultation with the City’s Risk Manager. The City’s acceptance of <br />an alternative insurance program will not affect an implied waiver or amendment of any <br />other requirement of this Master License. Any amendment of these insurance <br />requirements must be in a written amendment to this Master License, executed in the <br />same manner as this Master License. <br />19.1.12 Excess/Umbrella Insurance. The coverage amounts set forth for <br />Commercial General Liability and Commercial Auto Liability may be met by a combination <br />of primary and excess/umbrella policies as long as in combination the limits equal or <br />exceed the amounts stated. <br />19.2 Insurance of Licensee’s Property. <br />City shall have no responsibility for insuring Licensee’s property. Licensee shall be <br />responsible, at its expense, and in its sole discretion, for separately insuring Licensee’s property. <br />19.3 City’s Insurance. <br />Licensee acknowledges that the City maintains insurance, self-insurance, or equivalent <br />risk management coverage against casualty, property damage, and public liability risks. The City <br />agrees to maintain adequate coverage for public liability risks during the Term and is not required <br />to carry any additional insurance with respect to the License Area or otherwise. <br />19.4 Waiver of Subrogation. <br />The City and Licensee each hereby waives any right of recovery against the other party <br />for any loss or damage sustained by such other party with respect to the License Area or any <br />portion thereof or the contents of the same or any operation therein, whether or not such loss is <br />caused by the fault or negligence of such other party, to the extent such loss or damage is <br />covered by insurance obtained by the waiving party under this Master License or is actually <br />covered by insurance obtained by the waiving party. Each waiving party agrees to cause its <br />insurers to issue appropriate waiver of subrogation rights endorsements to all policies relating to <br />the License Area, but the failure to obtain any such endorsement will not affect the waivers in this <br />Section. <br />19.5 Contractors’ Insurance and City Business License. <br />Licensee shall require its contractors that install, maintain, repair, replace, or otherwise <br />perform work on the License Area: (a) to have and maintain insurance of the same coverage and <br />amounts as required of Licensee, and (b) to have and maintain a valid City Business License. <br />19.6 Submittal of Proof of Insurance Coverage. <br />All certificates of insurance and original endorsements effecting coverage required in this Article 19 must be electronically submitted through the City’s online insurance document <br />management program, PINS Advantage. Contractor shall comply with all requirements provided <br />by City related to the PINS Advantage program.
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