Columbia Indemnity, insurance, performance bonds ordinance (§ 24-205)

(a) Indemnity.

(1) Wireless providers shall indemnify and hold the city, its officers and employees harmless against any damage or personal injury caused by the negligence of the wireless provider or its employees, agents, or contractors.

(b) Insurance. Except as provided in this section, each small cell wireless provider shall provide, at its sole expense, and maintain during the term of an agreement or franchise, commercial general liability insurance with a reputable, qualified, and financially sound company licensed to do business in the State of Missouri, and unless otherwise approved by the city, with a rating by Best of not less than "A," that shall protect the small cell wireless provider, the city, and the city's officials, officers, and employees from claims which may arise from operations under an agreement or franchise, whether such operations are by the small cell wireless provider, its officers, directors, employees and agents, or any subcontractors of the small cell wireless provider. This liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury and damage to property, resulting from all small cell wireless provider operations, products, services or use of automobiles, or construction equipment. The amount of insurance for single limit coverage applying to bodily and personal injury and property damage shall be at least $3,000,000.00, but in no event less than the individual and combined sovereign immunity limits established by RSMo. § 537.610 for political subdivisions; provided that nothing herein shall be deemed to waive the city's sovereign immunity. An endorsement shall be provided which states that the city is listed as an additional insured and stating that the policy shall not be cancelled or materially modified so as to be out of compliance with the requirements of this section, or not renewed without thirty (30) days' advance written notice of such event being given to the director of public works. If the person is self-insured, it shall provide the city proof of compliance regarding its ability to self-insure and proof of its ability to provide coverage in the above amounts. The insurance requirements in this section or otherwise shall not apply to a small cell wireless provider to the extent and for such period during an agreement or franchise as ROW-user is exempted from such requirements

pursuant to RSMo. § 67.1830(6)(a) and has on file with the director an affidavit certifying that small cell wireless provider has twenty-five million dollars ($25,000,000.00) in net assets and is otherwise therefore so exempted unless otherwise provided by agreement or franchise. The city reserves the right to waive any and all requirements under this section when deemed to be in the public interest.

(1) As part of the permit process, a wireless provider must provide proof of liability insurance coverage against any damage or personal injury caused by the negligence of the wireless provider or its employees, agents, or contractors. The wireless provider's liability insurance policy must name the city or its officers and employees as additional insureds.

(2) In the alternative, a wireless provider must demonstrate to the satisfaction of the city that it has in effect a comparable self-insurance program in amounts as required by city.

(c) Performance bond.

(1) As part of the permit process, a wireless provider must post a performance bond of one hundred fifty dollars ($150.00) per small wireless facility, not to exceed a total of seventy-five thousand dollars ($75,000.00).

(2) The purpose of the performance bond is to:

a. Provide for the removal of abandoned or improperly maintained small wireless facilities, including those that the city determines need to be removed to protect public health, safety, or welfare;

b. Restore the right-of-way in connection with removals of small wireless facilities from the right-ofway; and

c. Recoup rates or fees that have not been paid by a wireless provider in over twelve (12) months, provided the wireless provider has been provided with reasonable notice form the city and has been given the opportunity to cure.

(3) Upon completion of the work associated with the small wireless facilities covered by the performance bond to the satisfaction of the director of public works or the director's designee, the director of public works or the director's designee shall eliminate the bond or reduce its amount after a time appropriate to determine whether the work performed was satisfactory, which time shall be established by the director of public works or the director's designee considering the nature of the work performed.

(4) Recovery by the city of any amounts under the performance bond or otherwise does not limit an applicant's duty to indemnify the city in any way, nor shall such recovery relieve an applicant of its obligations under a permit or reduce the amounts owed to the city other than by the amounts recovered by the city under the performance bond, or in any respect prevent the city from exercising any other right or remedy it may have.

(d) Exemption.

(1)

Applicants that have at least twenty-five million dollars ($25,000,000.00) in assets in the state and do not have a history of permitting noncompliance within the city's jurisdiction shall be exempt from the insurance and bonding requirements otherwise required by this section. The city may require an applicant to provide proof by affidavit that its assets meet or exceed this requirement at the time of filing the application.