(A) Indemnification. A wireless provider shall indemnify and hold the city harmless against any and all liability or loss from personal injury or property damage resulting from or arising out of, in whole or in part, the use or occupancy of the city improvements or right-of-way associated with such improvements by the wireless provider or its employees, agents, or contractors arising out of the rights and privileges granted under this chapter and the Act. A wireless provider has no obligation to indemnify or hold harmless against any liabilities and losses as may be due to or caused by the sole negligence of the city or its employees or agents. A wireless provider shall further waive any claims that it may have against the city with respect to consequential, incidental, or special damages, however caused, based on the theory of liability.
(B) Insurance.
(1) The wireless provider shall carry, at the wireless provider’s own cost and expense, the following insurance:
(a) Property insurance for its property’s replacement cost against all risks;
(b) Workers’ compensation insurance, as required by law; or
(c) Commercial general liability insurance with respect to its activities on the city improvements or rights-of-way to afford minimum protection limits consistent with its requirements of other users of city improvements or rights-of-way, including coverage for bodily injury and property damage.
(2) The wireless provider shall include the city as an additional insured on the commercial general liability policy and provide certification and documentation of inclusion of the city in a commercial general liability policy prior to the collocation of any wireless facility.
(3) A wireless provider may self-insure all or a portion of the insurance coverage and limit requirement required by the city. A wireless provider that self-insures is not required, to the extent of the self-insurance, to comply with the requirement for the name of additional insureds under this section. A wireless provider that elects to self-insure shall provide to the city evidence sufficient to demonstrate its financial ability to self-insure the insurance coverage limits required by the city.
(Ord. 6 (Series 2018-2019), passed 7-16-2018)