(A) No construction permit issued under this chapter shall be valid or effective until and unless the permittee submits an adequate indemnity to the city. The indemnity must commit the permittee:
(1) To release the city from and against any and all liability and responsibility in or arising out of the construction, operation or maintenance of the utility system;
(2) To indemnify, protect, save harmless and insure the city from and against any and all claims and demands for damages to property and for injury or death to persons, including payments made under any Workers' Compensation law or under any plan for employee's disability and death benefits and including all expenses incurred in defending against any such claims or demands which may arise out of or be caused by the construction, maintenance, operation, presence, use, rearrangement or removal of the utility system or by the proximity of that utility system to the city's facilities or by any act of the operator of a utility system on or in the vicinity of the city's facilities;
(3) To indemnify and hold harmless the city, its trustees, elected and appointed officers, agents and employees from and against any and all claims, demands or causes of action of whatsoever kind or nature and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments or decrees sustained by the city or any third party arising out of or by reason of or resulting from or of the acts, errors or omissions of the permittee or the operator of the utility system or its agents, independent contractors or employees related to or in any way arising out of the construction, maintenance, operation, presence, use, rearrangement or removal of the utility system;
(4) Not to sue or seek any money or damages from the city in connection with the matters addressed in this section; and
(5) To provide that the covenants and representations relating to the indemnification provision shall survive the term of any permit or other authorization and shall continue in full force and effect as to the responsibility of the permittee and/or the operator to indemnify the city for the entire period that the operator has utility facilities located within the public rights-of-way.
(B) Incumbent providers must file with the city the indemnity and hold harmless commitments stated in this section within sixty (60) days of the effective date.
(Ord. 2003-08, passed 3-17-03)