Each certificate of registration issued pursuant to this chapter shall contain provisions whereby providers agree to protect, defend, indemnify and hold the city and its agents, officers, elected officials, employees, volunteers and subcontractors harmless from and against all damages, costs, losses or expenses:
(A) For the repair, replacement or restoration of city property, equipment, materials, structures and facilities which are damaged, destroyed or found to be defective as a result of such provider’s acts or omissions;
(B) From and against any and all claims, demands, suits, causes of action and judgments:
(1) For damage to or loss of the property of any person, and/or the death, bodily injury, illness, disease, workers’ compensation, loss of services or loss of income or wages to any person;
(2) Arising out of, incident to, concerning or resulting from the act or omissions of such provider, its agents, employees and/or subcontractors, in the performance of activities pursuant to such certificate of registration, no matter how, or to whom, such loss may occur; and
(3) Any operator who owns or operates small cell facilities or wireless support structures in the rights-of-way shall indemnify, protect, defend and hold the city and its elected officials, officers, employees, agents and volunteers harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees to include reasonable attorney fees and costs of defense, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including personal or bodily injury or death, property damage or other harm for which recovery of damages is sought, to the extent that it is caused by the negligence of the operator who owns or operates small cell facilities and/or wireless service in the public way, and any agent, officer, director, representative, employee, affiliate or subcontractor of the operator, or their respective officers, agents, employees, directors or representatives while installing, repairing or maintaining facilities in the right-of-way.
(Prior Code, § 1074.11) (Ord. 76-2018, passed 9-24-2018)