(A) General; definitions.
(1) For the purpose of this section the following definitions shall apply unless the context indicates or clearly requires a different meaning.
"CLAIMS." Includes, but is not limited to, claims, demands, liens, suits, notices of violation from governmental agencies and other causes of action of whatever kind.
"DEFEND." Includes, but is not limited to, investigating, handling, responding to, resisting, providing a defense for, and defending claims, at grantee's expense. Grantee shall consult with the government regarding the defense of all claims against the government, which shall include consultation regarding the choice of attorneys.
"GOVERNMENT." The City of Lawrenceburg and its elected and appointed officials, employees, agents, boards, consultants, assigns, volunteers and successors in interest.
"LOSSES." Includes, but is not limited to: attorneys' fees and expenses; costs of litigation; court or administrative agency costs; judgments; fines; penalties; interest, all environmental cleanup and redemption costs of whatever kind; and any liability arising from death, injury or damage of any kind to any person, including employees and agents of grantee, its servants, owners, principals, contractors and subcontractors or the government, and damage to or destruction of any property, including the property of the government.
(2) The grantee understands and agrees that the provisions of this section define the responsibilities of the grantee to the government.
(B) Indemnity. Grantee agrees to indemnify, hold harmless, and defend the government from any and all losses or claims of whatever kind that arise from or are alleged to have arisen, directly or indirectly, in whole or in part from the execution, performance or breach of this franchise by grantee, its employees, agents, servants, owners, principals, contractors and subcontractors. This indemnity agreement shall in no way be limited by any financial responsibility, insurance, or loss control requirements below and shall survive forever.
(C) Insurance Requirements. Grantee shall procure and maintain for the duration of this franchise the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance hereunder by the grantee:
(1) General Liability Insurance insuring grantee in the minimum of:
$ 500,000.00 | For property damage per occurrence; |
$1,000,000.00 | For property damage aggregate; |
$1,000,000.00 | For personal bodily injury or death to any one person; and |
$3,000,000.00 | For bodily injury or death aggregate per single accident or occurrence. |
(a) Such general liability insurance must include coverage for all of the following: comprehensive form, premises-operations, explosion and collapse hazard, underground hazard, product/completed operations hazard, contractual insurance, broad form property damage, and personal injury.
(b) Additionally, such insurance shall contain:
1. Endorsement, listing as additional insureds, "The City of Lawrenceburg, its elected and appointed officials, employees, agents, boards, consultants, assigns, volunteers and successors in interest."
2. Endorsement that grantee's insurance coverage shall be primary insurance as respects the government. Any insurance or self-insurance maintained by the government shall be excess of the grantee's insurance and shall not contribute with it.
3. Endorsement that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, to the government.
(2) Comprehensive Automobile Liability Insurance insuring grantee for owned, non-owned, or rented vehicles in the minimum amount of
(a) $1,000,000.00 for bodily injury and consequent death per occurrence;
(b) $1,000,000.00 for bodily injury and consequent death to any one person; and
(c) $ 500,000.00 for property damage per occurrence.
(3) Workers' Compensation Insurance as required by the Kentucky Revised Statutes.
(4) The grantee shall abide by all local, state, and federal insurance regulations.
(D) Acceptability of Insurers. Insurance is to be placed with the insurers with a rating classification of no less than "A VIII", as defined by the most current Best's Key Rating Guide.
(E) Evidence of Insurance. Prior to written acceptance of this chapter as required by § 113.05, the government is to be furnished Certificates of Insurance reflecting the above coverages, and grantee agrees to provide the government, the following:
(1) Signed renewal certificates for expiring policies; and
(2) New Certificates of Insurance if policies or carriers change during terms of this franchise, showing compliance with the above insurance requirements.
(F) Right to Review, Audit and Inspect. Grantee understands and agrees that the government may, upon thirty (30) days written notice, review, audit, and inspect any and all the grantee's records to insure compliance with these Insurance requirements.
(G) Safety and Loss Control.
(1) Grantee shall adhere to and comply with all federal, state and local safety and environmental laws, regulations and ordinances. The grantee shall provide all safeguards, safety devices and protective equipment, necessary to protect the life, health, safety and property of all persons on the job site, the public and the owner as required by applicable federal, state and local law.
(2) The Federal Occupational Safety and Health Administration standard 1910.628, the current Kentucky Occupational Safety and Health Standards for the Construction Industry, 29 C.F.R. Part 1926 as adopted by 803 K.A.R. 2:030 and the Kentucky Occupational Safety and Health Standard for General Industry, 29 C.F.R. Part 1910 as adopted by K.A.R. 2:020, and as promulgated by the Kentucky Occupational Safety and Health Standards Board and as amended or modified, are hereby incorporated into and made an integral part of this franchise. The grantee shall comply with said requirements.
(H) Maintenance of Insurance. By acceptance of a franchise hereunder, grantee agrees that the requirements of § 113.07 (C) are a material provision within the meaning of § 113.55(A)(1) of this chapter. As an alternative to the remedies provided by § 113.55, the government may purchase on behalf of the grantee insurance in accordance with § 113.07 (c) and charge grantee the premiums for any comparable insurance coverage purchased if grantee fails to maintain the insurance coverage required by § 113.07(C).
(Ord. 1999-13, passed 11-8-99)