5.15.130 Indemnity – Insurance.
A. The licensee shall, at its sole expense, fully indemnify, defend and hold harmless the city and, in their official capacity, its officials, boards, commissions, agents and employees thereof, from and against any and all claims, suits and actions, liability and judgment or damages or otherwise:
1. For actual or alleged injury to persons or property, including loss of use of property due to an occurrence, whether or not such property is physically destroyed, in any way arising out of or through, or alleged to arise out of or through, the acts or omission of a licensee or its officers, agents or employees, or to which the licensee’s officers’, agents’ or employees’ acts or omissions in any way contribute;
2. Arising out of or alleged to arise out of any claim for damages for invasion of the right of privacy, for defamation of any person, firm or corporation, or the violation or infringement of any copyright, trademark, trade name, service mark or patent, or of any other right of any person, firm or corporation in connection with a licensee’s operation of the system in the city; and
3. Arising out of or alleged to arise out of the licensee’s failure to comply with the provisions of any statute, regulation or ordinance of the United States, the state or any local agency applicable to the licensee in its business.
B. The city and licensee shall cooperate in the licensee’s defense of any litigation. However, nothing herein shall be deemed to prevent the city, so indemnified and held harmless herein, from participating in the defense of any litigation by their own counsel at their sole expense. The city shall give written notice to a licensee of such action. Such participation shall not under any circumstances relieve the licensee from its duty of defending against liability or of paying any judgment entered against such party.
C. In the event that a licensee does indemnify, defend and hold harmless the city as provided for in this section or in the license agreement, then the licensee’s liability and obligations shall be limited to the actual amount of any damages finally agreed upon by the licensee and the city or by a court of competent jurisdiction, together with reasonable expenses actually arising out of the construction, maintenance or operation of the licensee’s system to which the city has been made a party.
D. The licensee, within 30 days after written notice of the granting of a license, shall provide the city with and maintain in full force throughout the term of the license agreement, insurance issued by a company duly authorized to do business in the state, insuring with respect to the installation, construction, operation and maintenance of the system as follows:
1. Comprehensive general and automobile liability coverage including, but not limited to, blanket contractual liability, completed operations liability, broad form property damage including but not limited to coverage for explosion, collapse, underground hazard and automobile nonownership liability. Specific amounts shall be described in the license agreement, but at no time shall this insurance be written in amounts less than the following:
a. Comprehensive general liability: $500,000 combined single limit, bodily injury and property damage;
b. Comprehensive automobile liability: $500,000 combined single limit, bodily injury and property damage; and
c. Excess umbrella liability, covering all the above mentioned hazards, in the minimum amount of $1,000,000.
2. Workers’ compensation coverage as required by the laws and regulations of the state.
3. All insurance policies required herein shall include the city as a named insured party.
4. Licensee shall be solely responsible for all premiums due and payable for insurance required herein. At the time of acceptance of the license agreement, licensee shall submit to the city a certificate of insurance, in a form approved by the city manager, listing city as “additional insured” and confirming that a satisfactory policy is in effect. This policy may be renewed on its anniversary throughout the term of the license agreement. Any cancellations or modifications of coverage shall require 30 days’ advance written notice to both the city and the licensee by certified or registered mail, return receipt requested.
E. Some or all of the provisions of subsection (D) of this section may, in the discretion of the city, be satisfied by proof of self insurance. [Code 2006 § 12-1-13. Ord. 91-20, 12-10-1991].