(A) Indemnification and hold harmless: a permit holder shall, at its sole cost and expense, after the effective date of this chapter indemnify and hold harmless the city and its elected and appointed officials, employees and agents at all times against any and all claims for personal injury, including death, and property damage arising out of the permit holder’s use or occupancy of a right-of-way.
(B) A permit holder shall defend any actions or proceedings against the city in which it is claimed that personal injury, including death, or property damage was caused by the permit holder’s use or occupancy of a right-of-way.
(C) The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, attorney’s fees, reasonable expert fees, court costs and all other costs of indemnification.
(D) A permit holder shall not be required to indemnify and hold the city harmless for claims caused by the city’s or any person’s negligence, gross negligence or willful misconduct.
(E) A permit holder shall, at all times during the life of a PROW authorization carry, and require its subcontractors to carry, liability, property damage, worker’s disability, and vehicle insurance in such form and amount as shall be determined by the city and as set forth in the authorization. A permit holder shall name the city as an additional insured on its liability insurance policies.
(F) All required insurance coverage shall provide for 30 days’ notice to the city in the event of material alteration or cancellation of such coverage prior to the effective date of such material alteration or cancellation.
(Ord. 2017-O-55, passed 9-12-2017)