Sec. 5A-113. Insurance, surety, and indemnification
Codified through Bill No. CB-018-2026, adopted May 12, 2026, effective July 24, 2026. Source: Municode, Supplement 2026 Update 2. Editorial notes and legislative history omitted.
Prince George's County, Md., Code § 5A-113 (2026)
Sec. 5A-113. Insurance, surety, and indemnificationLinkCopy Citation
(a)
(1)
The franchisee shall maintain, and by its acceptance of the franchise specifically agrees that it will maintain, throughout the entire length of the franchise period, at least the following liability insurance coverage insuring the County and the franchisee: worker's compensation and employer liability insurance to meet all requirements of Maryland law and comprehensive general liability insurance with respect to the construction, operation, and maintenance of the cable system, and the conduct of the franchisee's business in the County, in the following minimum amounts, but in any event no less than the liability limits specified by the Local Government Tort Claims Act:
(A)
Five Hundred Thousand Dollars ($500,000) for property damage resulting from any one accident, One Million Dollars ($1,000,000) for property damage aggregate;
(B)
One Million Dollars ($1,000,000) for personal bodily injury or death for one person, Two Million Dollars ($2,000,000) for bodily aggregate per single accident and occurrence;
(C)
A general comprehensive public liability policy indemnifying, defending, and saving harmless the County, its officers, boards, commissions, agents, or employees from any and all claims by any person whatsoever on account of injury to, or death of, a person or persons occasioned by the operations of the franchisee under the franchise, herein granted, or alleged to have been so caused or occurred, with a minimum liability of One Million Dollars ($1,000,000) per personal injury or death of any one person and Two Million Dollars ($2,000,000) for personal injury or death of two or more persons in any one occurrence;
(D)
Two Million Dollars ($2,000,000) for all other types of liability; and
(E)
Automobile liability insurance for owned or leased vehicles in the minimum amount of Two Million Dollars ($2,000,000) for bodily injury and consequent death per occurrence, One Million Dollars ($1,000,000) for bodily injury and consequent death to any one person, and Five Hundred Thousand Dollars ($500,000) for property damage per occurrence.
(2)
Such general liability insurance must include coverage for all of the following: all risks form, premises-operations, explosion and collapse hazard, underground hazard, products/completed operations hazard, contractual insurance, broad form property damage, and personal injury.
(3)
The County may review these amounts and may require reasonable adjustments to them consistent with the public interest.
(b)
(1)
All insurance policies and certificates maintained pursuant to a franchise agreement shall contain the following endorsement:
It is hereby understood and agreed that this insurance coverage may not be canceled by the insurance company nor the intention not to renew be stated by the insurance company until thirty (30) days after receipt by the County, by registered mail, of a written notice of such intention to cancel or not to renew.
(2)
All contractual liability insurance policies and certificates maintained pursuant to a franchise agreement shall include the provision of the following Hold Harmless clause:
The Company agrees to indemnify, save harmless and defend the County, its agents, servants, and employees, and each of them against and hold it and them harmless from any or all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and reasonable attorney's fees for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this agreement. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the County, its agents, servants, or employees or any other person indemnified hereunder.
(c)
All insurance policies shall be with sureties qualified to do business in the State of Maryland, with an A-1 or better rating of insurance by Best's Key Rating Guide, Property/Casualty Edition, and in a form acceptable to Prince George's County.
(d)
All insurance policies shall be available for review by the County, and the franchisee shall keep on file with the County certificates of insurance.
(e)
All general liability insurance policies shall name the County, its officers, boards, commissions, commissioners, agents, and employees as additional insureds and shall further provide that any cancellation or reduction in coverage shall not be effective unless thirty (30) days prior written notice thereof has been given to the County. A franchisee shall not cancel any required insurance policy without submission of proof that it has obtained alternative insurance satisfactory to the County which complies with its franchise agreement.
(f)
Failure to comply with the insurance requirements set forth in this Section shall constitute a material violation of a franchise.
(g)
(1)
A franchisee shall, at its sole cost and expense, indemnify, hold harmless, and defend the County, its officials, boards, commissions, commissioners, agents, and employees against any and all claims, suits, causes of action, proceedings, and judgments for damages arising out of the construction, maintenance, or operation of its cable system; copyright infringements or a failure by the franchisee to secure consents from the owners, authorized distributors, or franchisees of programs to be delivered by the cable system; the conduct of the franchisee's business in the County; or in any way arising out of the franchisee's enjoyment or exercise of the franchise, regardless of whether the act or omission complained of is authorized, allowed, or prohibited by this Subtitle or its franchise agreement.
(2)
Specifically, a franchisee shall fully indemnify, defend, and hold harmless the County, and in its capacity as such, the officers, agents, and employees thereof from and against any and all claims, suits, actions, liability, and judgments for damages or otherwise subject to 47 U.S.C. Section 558, arising out of or alleged to arise out of the installation, construction, operation, or maintenance of the system, including, but not limited to, any claim against the franchisee for invasion of the right of privacy, defamation of any person, firm, or corporation, or the violation or infringement of any copyright, trademark, trade name, service mark, or patent, or of any other right of any person, firm, or corporation. This indemnity does not apply to programming carried on any channel set aside for PEG use, or channels leased pursuant to 47 U.S.C. Section 532, except that this indemnity shall apply to any actions taken by a franchisee pursuant to 47 U.S.C. Section 531(e) or 47 U.S.C. Section 532(c)(2) concerning the programming carried on PEG or leased access channels or an institutional network.
(3)
The indemnity provision includes, but is not limited to, the County's reasonable attorneys' fees incurred in defending against any such claim, suit, or proceeding, in addition to the reasonable value of any services rendered by the County Attorney or County staff or employees.
(h)
Neither the provisions of this Section nor any damages recovered by the County shall be construed to limit the liability of the franchisee for damages under the franchise.