(A) The licensee shall indemnify and hold harmless the city at all times during the term of the franchise, and maintain throughout the term of the franchise, liability insurance in such amount as the city may reasonably require insuring both the city and the licensee with regard to all damages and penalties which they may legally be required to pay as a result of the exercise of the franchise. The licensee shall initially maintain insurance in such amounts as set forth in the franchise agreement.
(B) Every licensee under this article shall indemnify and hold harmless the city, against and from any and all claims, demands, causes of action, damages, costs or liabilities in law or in equity of any kind and nature whatsoever, directly or indirectly resulting from or caused by the construction, installation, operation or maintenance of the franchised system within the corporate limits of the city. Every licensee shall, during the term of his or her franchise, maintain in full force and effect, written by a company or companies authorized and qualified to do business in the state, and serviced through an authorized agent doing business within the city and satisfactory to the city:
(1) Worker’s compensation insurance in compliance with the law of the state and employees’ liability insurance with limits of $100,000 each accident:
(a) Five hundred thousand dollars for disease (policy limit); and
(b) One hundred thousand dollars for disease (each employee).
(2) (a) General liability limits of general aggregate: $2,000,000;
(b) Products completed operations aggregate: $2,000,000;
(c) Personal and advertising injury: $1,000,000; each occurrence $1,000,000; and
(d) Fire damage: $50,000, on occurrence form of liability.
(3) Auto liability of $500,000, combined single limits using Symbol 1 “any auto” with hired auto’s included.
(C) (1) Failure to carry and maintain such insurance in full force and effect and furnish continuing evidence thereof, in the required amounts, may, in the discretion of the City Council, result in termination of such franchise in the manner and under the conditions otherwise specified in this chapter.
(2) The licensee assumes all risk of loss, damage or destruction of or to the licensee’s equipment and other property by the city, its departments, officers and employees, or resulting from or attributable to the condition of any public street, alley or other public place, other than willful and deliberate misconduct on the part of any official or employee of the city.
(2005 Code, § 13-702)