(A) For and in consideration of a waiver by the county of the insurance and surety bond requirements for projects or activities which may be undertaken by the city involving a disturbance of any right-of-way of the county within the city, it is hereby agreed that:
(1) The city or its successors or assigns shall indemnify and save harmless the county, its officers, agents, employees and servants, against all loss, damage or expense that it or they may sustain as a result of any suit, action or claim of any character brought on account of property damage or injury to or death of any person, including persons performing any work or activity under a permit issued by the County Highway Department, which may arise in connection with the work or activities to be performed under all permits and arising in any manner from the negligence, wrongful acts or failure to act by the city and its employees in the performance of the work or activity; and
(2) The city shall, at its own expense, appear, defend and pay all charges of attorneys, costs and other expenses arising therefrom or incurred in connection therewith and, if any judgment is rendered against the county in any action, the city shall, at its own expense, satisfy and discharge the same.
(B) The city shall also indemnify and save harmless the county from any claims against the city, or liabilities to any person incurred by the city, of any kind, arising from the city’s wrongful or negligent performance of the work or activity.
(C) No amendment or repeal of this section shall become effective until 30 days next following written notice to the county of the proposed amendment or repeal. The notice shall be served upon the county at the office of the Superintendent of Highways.
(D) The City Clerk is hereby authorized and directed to forward to the County Department of Highways, Permit Division, a certified copy of this section upon its passage and approval.
(E) Nothing in this section negates the necessity of obtaining a permit, where the permit is otherwise required. This hold harmless agreement does not negate bond and insurance requirements for private contractors doing work for the municipality.
(Ord. 87-44, passed 8-25-1987)