(A) Any shared mobility device operator issued a license under this subchapter shall, as a condition of the issuance and continued validity of the license to operate a shared mobility system, indemnify, hold harmless and defend, by counsel of the town’s choosing, the town and their respective officers, agents, officials and employees for any and all third party claims, actions, causes of action, judgments and liens to the extent they arise out of any negligent or wrongful act or omission, or violation of any provision of this code or other law by an operator or any of its officers, agents, employees and users arising from the operation, maintenance, or use of the shared mobility system and the operator's shared mobility devices. Such indemnity shall include attorneys’ fees and all costs and other expenses arising therefrom or incurred in connection therewith and shall not be limited by any insurance coverage required herein or otherwise carried by the operator. This indemnification requirement shall be memorialized in an agreement signed by an authorized representative of the operator who is an officer or employee of the operator with authority to legally bind the operator, and the operator shall be required to post an indemnity bond in favor of the town. Such agreement and indemnity bond shall be in a form approved by the Town Attorney.
(B) (1) Any shared mobility device operator issued a license under this section shall, as a condition of the issuance and continued validity of the license to operate a shared mobility system, purchase and maintain a policy of commercial general liability insurance that will protect it and the town from claims for damages because of bodily injury and personal injury, including death, and claims of damages to property which may arise out of or result from the operation, maintenance or use of the shared mobility system and the operator's shared mobility devices.
(2) The commercial general liability insurance required under this section shall be not less than:
(a) Each occurrence limit of $1,000,000;
(b) $100,000 for damage to rented premises;
(c) $5,000 for medical expenses;
(d) $500,000 for personal injury;
(e) $1,000,000 products/completed operations;
(f) $1,000,000 auto liability;
(g) $2,000,000 general aggregate limit; and
(h) $5,000,000 excess/umbrella liability.
(3) Certificates of insurance naming the town as an additional insured showing such coverage then in force, but not less than the above amounts, shall be submitted by the operator with its application for a license under this subchapter. Such certificates shall contain a provision that the policies and coverage afforded thereunder will not be canceled until at least 30 days after written notice to the License Administrator.
(C) The failure to maintain the bond or insurance policies required under this section through the entire term of a license shall constitute a violation of this subchapter.
(D) This section shall not apply to an operator that has received an investment of public funds, by grant or otherwise, from the town.
(Ord. 23-2021, passed 10-11-2021)