Section 12.05.060 Indemnification and insurance.

The holder of any franchise, license or lease shall indemnify and hold the city harmless at all times during the term of the franchise, license or lease from and against all claims for injury or damage to any person or property, including payments under workers' compensation laws, caused by the construction, erection, operation or maintenance of its facilities, fixtures or equipment, or the negligence of its contractors or its employees. In case of any suit or action at law being commenced against the city, upon any claim for damage arising out of any loss, injury or damage claimed to have been caused by any installation, improvement, obstruction or excavation made or left in, under or upon such street or public place by the holder of a franchise, license or lease, its agents, contractors or employees, upon being notified in writing by the city of such action or proceeding, the holder of said franchise, license or lease shall appear and make proper defense thereto at the expense of the holder of the franchise, license or lease; and if any judgment or decree shall in any such case be rendered against the city therein, the holder of said franchise, license or lease shall assume, pay and satisfy such judgment or decree, with the cost thereof.

Immediately upon issuance of the franchise, license or lease, the holder of the franchise, license or lease shall purchase general liability insurance. The amount of insurance shall be a minimum of $1,000,000 with a maximum deductible of $5,000. Upon request, the city manager may alter these limits or permit self-insurance where conditions warrant. The holder of the franchise, license or lease shall file with the city a certificate of insurance which clearly discloses on its face coverage in conformity with these requirements. The certificate shall either name the city as an additional insured or state that the insurance covers the insured's obligation under this section. Upon request of the city, the holder of the franchise, license or lease shall submit a certified copy of the policy. (Ord. 98/U-6224; S-38669, 1979)