No permit shall be issued unless the following occur.
(A) (1) The operator has filed a written statement whereby the bench operator agrees to indemnify, hold harmless and defend the city, its elected and appointed officials, employees, agents and successors in interest from all claims, damages, losses and expenses including attorney fees, arising out of or resulting directly or indirectly from the contractor’s (or contractor’s subcontractors, if any) performance or breach of the contract provided that the claim, damage, loss or expense is:
(a) Attributable to personal injury, bodily injury, sickness, death or to injury to or destruction of property, including the loss of use resulting therefrom, or breach of contract; and
(b) Not caused by the negligent act or omission or willful misconduct of the city or its elected and appointed officials and employees acting within the scope of their employment.
(2) This hold harmless and indemnification clause shall in no way be limited by any financial responsibility or insurance requirements and shall survive the termination of this contract.
(B) The operator has paid a nonrefundable permit fee of $100 for each bench.
(C) The operator is not in arrears as to any fees or charges regarding benches.
(D) If the selected site location is on a state road, then the person(s) or entity seeking the bench must first obtain review and written approval from the State Transportation Cabinet, Department of Highways before submitting an application to the city.
(Ord. 09-09, passed 10-8-2009) Penalty, see § 91.999