(A) Any person or corporation placing or causing to be placed a container/dumpster or any other apparatus on city right-of-way agrees to provide liability insurance meeting the following minimum amounts of insurance from insurance companies authorized to do business in the State of Illinois:
(1) General liability with limits not less than $1,000,000 per occurrence and $1,000,000 umbrella/excess liability insurance shall be provided. The city shall be listed as an additional insured and the insurance company shall be approved by the city.
(a) A certificate of insurance shall be provided, the form of the certificate shall contain an additional requirement that the insurer notify the city without fail not less than 30 days prior to any cancellation, non-renewal or modification of the policy or coverage evidenced by the certificate and shall further provide that failure to give such notice to the city will render any such change or changes in the policy or coverage ineffective as against the city.
(b) A certificate of insurance and general liability policy from container/dumpster owner shall be placed on file with the city’s Utility and Engineering Department.
(B) Any person or corporation placing or causing to be placed any container/dumpster or any other apparatus on city right-of-way agrees to indemnify, and hold harmless the city and its officers, agents, employees and servants, from any and all liens, claims, suits, demands, liability, judgments, costs, damages and expenses, including attorney’s fees, which may accrue against or be charged to or may be recovered from the city by reason of or account of or in any way related to the negligent actions, excluding gross negligence or intentional torts, of the city or its officer, agents, employees and servants while engaged in the performance of their official duties and resulting in damage to the improvements and amenities authorized by this permit.
(C) Any person or corporation placing or causing to be placed any container/dumpster or any other apparatus on city right-of-way agrees to defend, indemnify, and hold harmless the city and its officers, agents, employees and servants, from any and all liens, claims, suits, demands, liability, judgments, costs, damages and expenses, including attorney’s fees, which may accrue against or be charged to or may be recovered from the city by reason of or the use authorized pursuant to placing a container/dumpster by any person(s) or corporation, its employees, agents, volunteers, or invitees. Upon ten days’ written notice, any person or corporation placing or causing to be placed any container/dumpster or any other apparatus on city right-of-way will appear and defend all claims and lawsuits against the city growing out of any action with respect to placing any container/dumpster or any other apparatus on city right-of-way and is required to indemnify the city.
(Ord. 9372, passed 3-18-2019) Penalty, see § 91.999