(A) Unless otherwise specified in a franchise agreement between the permittee and the city, prior to granting of any permit, the permittee shall file with the city an insurance policy or certificate in a form satisfactory to the city with coverage as follows:
(1) The permittee shall carry and maintain in full effect at all times a commercial general liability policy, including broad form property damage, completed operations contractual liability, explosion hazard, collapse hazard, underground property damage hazard for limits not less than $1,000,000 each occurrence for damages or bodily injury or death to one or more persons; and $500,000 each occurrence for damage to or destruction of property. The insurance policy shall name the City of Lebanon as an additional insured. Permittees who maintain a net book value in excess of $10,000,000 may self- insure in lieu of providing policies of insurance.
(2) Workers’ compensation insurance as required by state law.
(B) Whenever any person has filed with the city evidence of insurance as required, any additional or subsequent permit holder in the employ of said initial person may, at the discretion of the Deputy City Manager, be excused from depositing or filing any additional evidence of insurance if such employee is fully covered by the permittee's insurance policy.
(C) Each permittee shall construct, maintain, and operate its facilities in a manner which provides protection against injury or damage to persons or property.
(1) The permittee, for itself and its related entities, agents, employees, subcontractors, and the agents and employees of said subcontractors, shall save the city harmless, defend, and indemnify the city, its successors, assigns, officers, employees, agents, and appointed and elected officials from and against all liability or damage and all claims or demands whatsoever in nature unless caused by the negligent or intentional acts of the city, and reimburse the city for all its reasonable expenses, as incurred, arising out of the installation, maintenance, operation or any other work or activity in the public right-of-way by the permittee related to its use thereof.
(2) The terms of each contract awarded by the permittee for activities pursuant to a permit shall contain indemnity provisions whereby the contractor shall indemnify the city to the same extent as described above. Acceptance of a permit by a permittee shall constitute an acknowledgment of this duty and a representation that it shall be done. The city may request satisfactory proof this has been done.
(3) Following the receipt of written notification of any claim, the permittee shall have the obligation to defend the city with regard to all third party actions, damages and penalties arising in any way out of the exercise of any rights in the permit. If at any time however, the permittee refuses to defend, and the city elects to defend itself with regard to such matters, the permittee shall pay all reasonable expenses incurred by the city related to its defense.
(Ord. 9351, passed 7-11-06) Penalty, see § 909.99