§ 28-28. Indemnification and insurance requirements.

(a)

Indemnity. All persons holding an on or off premise sign operator's license shall agree to indemnify and hold harmless the city, its members, agents, officers and employees, their successors and assigns, individually or collectively, from and against all liability for any fines, claims, suits, demands, action or causes of action of any kind and nature including, but not limited to, personal injury or death, and property damage, in any way arising out of or resulting from any activity or operation of the licensee. This indemnification shall be a prerequisite to the issuance of the off-premises sign operator's or on-premises sign operator's license. The license holder shall pay all expenses incurred in defending against any such claims made against the city; however, the license holder shall not be liable for any injury, damage, or loss caused by the sole negligence or willful misconduct of the city, its agents or employees. The licensee and the city shall give prompt and timely notice of any claim made, or suit instituted, which in any way affects or might affect either party.

(b)

Insurance. Subject to the license holder's right to maintain reasonable deductibles in such amounts as are approved by the city, the licensee shall procure and maintain at his own expense, the following types and amounts of insurance:

_____

Type	Amount
(1) Workers compensation and employer's liability	Statutory amount of $500,000.00 for each accident
(2) Comprehensive general (public) liability, to include, but not be limited to, the following: (a) Premises/operations (b) Independent contractors (c) Personal injury (d) Products/completed operations (e) Contractual liability (f) Explosion, collapse and underground property damage	Combined single limit for bodily injury or property damage: $1,000,000.00 or its equivalent
(3) Comprehensive automobile liability, to include coverage for: a. Owned/leased automobiles. b. Non-owned automobiles c. Hired cars	Combined single limit for bodily injury or property damage: $1,000,000.00 or its equivalent

 

(c)

The licensee further agrees that with respect to the required insurances, the city shall:

(1)

Be named as additional insured/or insured, as its interest may appear.

(2)

Be provided with a waiver of subrogation.

(3)

Be provided with thirty (30) days advance notice, in writing, of cancellation or material change.

(4)

Be provided with certificates of insurance evidencing the required insurances, prior to the commencement of the city's fiscal year. Notices and certificates of insurance shall be provided to the director of the development services department and the city clerk.

(d)

Should a person holding a license sever employment connections with a firm which is jointly covered by the same insurance, a new certificate showing proper coverage will be required of both parties.

(e)

If the insurance cancels or renews at periods other than the annual license renewal date, new evidence to show that the license holder is maintaining proper coverage shall be furnished to the city.

(Ord. No. 2017-05-04-0297 , § 1(Att. 1), 5-4-17)