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 Volusia County
 Code of Ordinances
 Chapter 30. CABLE COMMUNICATIONS
 Article II. FRANCHISE

  § 30-52. Indemnification and insurance.  

Latest version.

  • (a)

    Indemnification. A grantee shall indemnify, defend and hold harmless the county, the county council, and the officers, employees and agents of the county from and against any and all losses, claims, damages, taxes (including interest or penalties), costs and expenses (including reasonable attorney's fees, legal assistant fees and costs of investigation, whether prior to, during or after trial or in the event of any appeal), and liabilities arising from, in connection with or as a result of (i) the grantee's franchise agreement and (ii) the grantee's ownership, operation or maintenance of the grantee's cable system. Excepted from a grantee's indemnification shall be any liability of the county specifically and solely related to its own programming on a governmental access channel. The provisions of this subsection shall survive the termination of a grantee's franchise.

    (b)

    Insurance.

    (1)

    During the term of any franchise (and during any renewal or extension thereof) and for so long as a grantee shall maintain, own or operate any cable system in the unincorporated areas of the county, a grantee shall maintain in effect:

    a.

    General liability insurance coverage, with such deductible provisions as are customary, against claims for bodily injury, personal injury, sickness, disease or death related to a grantee's construction, ownership, operation or maintenance of a grantee's cable system. The liability insurance policy shall include a provision waiving subrogation against the county, the county council, and the employees and agents of the county; the liability insurance coverage shall be in amounts of not less than $300,000.00 with respect to bodily and personal injury to any one person per incident, $500,000.00 with respect to bodily injury and personal injury to two or more persons per incident, and $300,000.00 with respect to property damage resulting from any one occurrence; and

    b.

    Worker's compensation insurance with respect to a grantee as required by the workers' compensation laws of the state or similar laws now or hereafter in effect.

    (2)

    The county shall have the authority, in its discretion, to increase the amount of the insurance required under this section by subsequent resolution of the county council. All such liability insurance policies shall name the county and the county council as coinsureds.

    (3)

    Within 20 days of the effective date of any franchise, and on or before the renewal date of such insurance, all grantees shall provide the county with certificates of insurance for the succeeding policy term evidencing the coverage required in this section and providing that the policy shall not be canceled without 30 days' prior written notice to the county. All such certificates of insurance for the liability policies shall state that the premiums have been paid in full for the policy term succeeding the date of the certificate. The provisions of this subsection shall survive the termination of a grantee's franchise.

(Ord. No. 88-10, § 21, 5-19-88; Ord. No. 94-10, § VIII, 6-9-94)