(A) Indemnification of city. As a condition of issuance of a small wireless facility permit, each permittee agrees on its behalf and on behalf of its agents, successors or assigns, to indemnify, defend, protect and hold harmless the city from and against any and all claims of any kind arising against the city as a result of the issuance of the small wireless facility permit including, but not limited to, a claim allegedly arising directly or indirectly from the following:
(1) Any act, omission or negligence of a permittee or its agents, successors or assigns while engaged in the permitting, construction, installation or maintenance of any small wireless facility or utility pole or wireless support structure authorized by a small wireless facility permit, or while in or about the right-of-way that is subject to the small wireless facility permit for any reason connected in any way whatsoever with the performance of the work authorized by the small wireless facility permit, or allegedly resulting directly or indirectly from the permitting, construction, installation or maintenance of any small wireless facility, utility pole or wireless support structure authorized under the small wireless facility permit;
(2) Any accident, damage, death or injury to any of a permittee’s contractors or subcontractors, or any officers, agents or employees of either of them, while engaged in the performance of the construction, installation or maintenance of any small wireless facility, utility pole or wireless support structure authorized by a small wireless facility permit, or while in or about the right-of-way that is subject to the small wireless facility permit, for any reason connected with the performance of the work authorized by the small wireless facility permit, including from exposure to radio frequency emissions;
(3) Any accident, damage, death or injury to any person or accident, damage or injury to any real or personal property in, upon or in any way allegedly connected with the construction, installation or maintenance of any small wireless facility, utility pole or wireless support structure authorized by a small wireless facility permit, or while in or about the right-of-way that is subject to the small wireless facility permit, from any causes or claims arising at any time, including any causes or claims arising from exposure to radio frequency emissions; and
(4) Any release or discharge, or threatened release or discharge, of any hazardous material caused or allowed by a permittee or its agents about, in, on or under the right-of-way.
(B) Defense of city. Each permittee agrees that, upon the request of the Department, the permittee, at no cost or expense to the city, shall indemnify, defend and hold harmless the city against any claims as set forth in this section, regardless of the alleged negligence of the city or any other party, except only for claims resulting directly from the sole negligence or willful misconduct of the city. Each permittee acknowledges and agrees that it has an immediate and independent obligation to defend the city from any claims that actually or potentially fall within the indemnity provision, even if the allegations are or may be groundless, false or fraudulent, which obligation arises at the time such claim is tendered to the permittee or its agent by the city and always continues thereafter. Each permittee further agrees that the city shall have a cause of action for indemnity against the permittee for any costs the city may be required to pay as a result of defending or satisfying any claims that arise from or in connection with a small wireless facility permit, except only for claims resulting directly from the sole negligence or willful misconduct of the city. Each permittee further agrees that the indemnification obligations assumed under a small wireless facility permit shall survive its expiration or completion of installation of any small wireless facility authorized by the small wireless facility permit.
(C) Additional requirements. The Department may specify in a small wireless facility permit such additional indemnification requirements as are necessary to protect the city from risks of liability associated with the permittee’s construction, installation and maintenance of a small wireless facility, utility pole or wireless support structure.
(Prior Code, § 33.02.140) (Ord. 19-06, passed 2-15-2019)