Any provider or other person who makes any excavation in the public right-of-way, makes any break or cut in any surface of the public right-of-way, deposits any earth or other material in the public right-of-way, places any equipment or facility in the public right-of-way, modifies any equipment or facility, or performs any other work in the public right-of-way shall defend, indemnify, and hold harmless the city from and against any liability or claim for damages or any other relief (including reasonable costs and expenses (e.g., attorneys' fees)) arising from or in connection with any act or failure to act by such provider or person in or near the public right-of-way, whether such act or failure to act is authorized, allowed, or prohibited by the city. In connection with its obligations under this section, any attorney selected by such provider or person to defend the city shall be subject to the city's approval. Issuance of a permit or inspection of work shall not affect the city's right to indemnification. This section does not constitute a waiver of any defense or immunity as to any third party, which would otherwise be available to the city.
(Ord. 1537, passed 4-20-2017)