(a) Except for special right-of-way permittees for residential purposes, any operator or other person who owns or operates any facilities or structures within the public right-of-way shall, as a condition of its right-of-way permit, indemnify, protect, defend and hold harmless the City and its elected officials, officers, employees, agents, and volunteers, from 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 or 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 or person who owns or operates facilities or structures within the right-of-way or any agent, officer, director, representative, employee, affiliate, or subcontractor of such operator or person, or their respective officers, agents, employees, directors, or representatives while installing, repairing, or maintaining facilities or structures within the public right-of-way.
(b) Except for special right-of-way permittees for residential purposes, each permittee, as a condition of its permit, shall keep in force a policy or policies of liability insurance, having such terms and in such amounts as may be determined by the Director of Public Service or his/her designee, to be sufficient to provide adequate coverage for its facilities and operations under its right-of-way permit. The City shall be named as an additional insured on such insurance policy or policies.
(Ord. 2016-080. Passed 10-17-16; Ord. 2018-029A. Passed 7-16-18.)