(A) The franchisee shall pay, save harmless, defend and indemnify the city from any loss, suit or claim of any kind against the city on account of, or in connection with, any activity or facility of the franchisee, including the placement, construction, operation, maintenance or existence of its facilities. The franchisee will not be required to indemnify the city for the negligent or willful misconduct of the city, or of its officials, boards, commissions, agents or employees, to the extent that such misconduct is the proximate cause of any claim.
(B) To carry out the provisions of this section, prior to commencing construction of any kind, the franchisee shall have in full force and effect, and file and maintain during the term of the franchise, a certificate of insurance, evidence thereto with the City Manager, with good and sufficient policies covering:
(1) Worker’s compensation insurance as required by the state, and the franchisee shall ensure that each of its subcontractors complies with these same requirements and shall contain a waiver of subrogation against the city: and
(2) Commercial general liability insurance, with limits of at least $2,000,000 per occurrence and $4,000,000 general aggregate, with the aggregate on a per-project basis; and
(3) Business automobile liability insurance for any owned, hired or non-owned vehicles used in the performance of this agreement, with combined single limits of $2,000,000 each accident.
(C) The city, its officers, agents and employees, shall be named an additional insured in the policy for losses caused, in whole or in part, by reason of the exercise of the rights and privileges granted herein.
(D) Upon any material alteration or cancellation of any of the coverage, the franchisee shall give the city notice as allowed per the insured’s insurance policy in advance of the effective date of the alteration or cancellation of the coverage.
(E) Each policy, commercial general liability, auto liability and worker’s compensation, shall contain a waiver of subrogation against the city.
(Ord. 2022-07-01, passed 8-9-2022)