(A) Indemnification. By accepting a permit under this chapter, the permittee and its assignees agree to defend, indemnify, and hold harmless the city and its elected officials, directors, officers, employees, agents, and representatives from and against any and all claims, demands, actions, losses, or judgments, including damages to city property, arising out of or relating to applicant's use of the right-of- way and/or its installation, operation, use, maintenance, repair, removal, or presence of applicant's facilities, structures or equipment, and including reasonable attorneys' fees and other costs and expenses. This indemnification provision does not replace but rather is supplemental to and is to be interpreted consistent with the provisions of Minn. Rules § 7819.1250.
(B) Insurance. All applicants for SWFs shall provide to the city:
(1) A certificate of insurance or self-insurance:
(a) Verifying that an insurance policy has been issued to the permittee by an insurance company licensed to do business in the state of Minnesota, or a form of self-insurance acceptable to the city;
(b) Verifying that the permittee is insured against claims for personal injury, including death, as well as claims for property damage arising out of the:
1. Use and occupancy of the right of way by the permittee, its officers, agents, employees, and permittees; and
2. Placement and use of facilities and equipment in the right of way by the permittee, its officers, agents, employees, and permittees, including, but not limited to, protection against liability arising from completed operations, damage of underground facilities, and collapse of property;
(c) Naming the city as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages;
(d) Requiring that the city be notified 30 days in advance of cancellation of the policy or material modification of a coverage term; and
(e) Indicating comprehensive liability coverage, automobile liability coverage, workers' compensation and umbrella coverage established by the city in amounts sufficient to protect the city and the public and to carry out the purposes and policies of this chapter;
(2) If the person is a corporation, a copy of the certificate required to be filed under M.S. § 300.06 as recorded and certified to by the Secretary of State; and
(3) A copy of the person's order granting a certificate of authority from the Minnesota Public Utilities Commission or other applicable state or federal agency, where the person is lawfully required to have such certificate from said commission or other state or federal agency.
(Ord. 115, 4th series, passed 5-20-2019)