(A) Each municipal consent granted under this chapter shall contain provisions whereby the provider agrees to promptly defend, indemnify and hold the city harmless from and against all damages, costs, losses or expenses:
(1) For the repair, replacement or restoration of city’s property, equipment, materials, structures and facilities which are damaged, destroyed or found to be defective solely as a result of the provider’s acts or omissions; and
(2) From and against any and all claims, demands, suits, causes of action and judgments for:
(a) Damage to or loss of the property of any person (including, but not limited to, the provider, its agents, officers, employees and subcontractors, city’s agents, officers and employees, and third parties); and/or
(b) Death, bodily injury, illness, disease, loss of services, or loss of income or wages to any person (including, but not limited to, the agents, officers and employees of the provider, provider’s subcontractors and city, and third parties), arising out of, incident to, concerning or resulting from the negligent or willful act(s) or omissions of the provider, its agents, employees and/or subcontractors, in the performance of activities pursuant to such municipal consent.
(B) No municipal consent indemnity provision shall apply to any liability resulting from the negligence of the city, its officers, employees, agents, contractors or subcontractors.
(C) The provisions of the required indemnity provision set forth in an individual municipal consent shall provide that:
(1) It is solely for the benefit of the parties to the municipal consent and is not intended to create or grant any rights, contractual or otherwise, to any other person or entity;
(2) To the extent permitted by law, any payments made to, or on behalf of the city under the provisions of this section are subject to the rights granted to providers under Tex. Utilities Code §§ 54.204 through 54.206; and
(3) Subject to the continued applicability of the provisions of Tex. Utilities Code §§ 54.204 through 54.206, as set forth in division (C)(2) above, the provisions of the indemnity shall survive the expiration of the municipal consent.
(D) The city shall advise the provider as soon as practicable, in writing, of actual or potential litigation that may give rise to any provider’s obligation to defend and indemnify under this section. Failure to comply with this notice requirement shall not be deemed a waiver by the city to require such indemnification.
(1998 Code, § 122-190) (Ord. 99-15, passed 4-7-1999)