§ 19-316. Insurance

(a) Indemnification. Franchisee will indemnify and save harmless city, its officers, agents, servants and employees, against all claims, costs, expenses, damages, liabilities and judgments of every kind and character, resulting by reason of the erection, maintenance, operation or removal of any of the benches or shelters subject of the franchise granted pursuant to this chapter, sustained or claimed by any person, firm or corporation whomsoever and whatsoever, caused or alleged to have been caused, directly or indirectly, by an act or omission, negligent or otherwise, of franchisee, its agents, servants and employees, or occasioned by any work performed by franchisee, or by the permission granted by city in this chapter, and shall defend any such action or suit brought against those so indemnified, and shall pay all costs and expenses of whatsoever nature resulting therefrom, and in connection therewith, and to pay, on behalf of those so indemnified, the amount of any judgment that may be entered against any of them in any such action or suit.

(b) Insurance. Franchisee shall at all times carry on all operations hereunder, bodily injury and property damage liability insurance, including automotive bodily injury and property damage liability insurance, in forms and underwritten by insurance companies satisfactory to city for: all operations, subcontract work, contractual obligations, product or completed operation, all owned vehicles and nonowned vehicles. Such insurance coverage obtained by franchisee shall name city, its officers, agents, employees and all public agencies as determined by city, as additional insured on such policies. Franchisee shall require its insurer to waive its subrogation rights against city and agrees to provide certificates evidencing the same.

Before franchisee performs any work at, or prepares or delivers materials to the sites of construction, franchisee shall furnish to city certificates of insurance subject to approval of the city attorney or risk manager. Certificates shall provide the name and policy number of each carrier and policy, and indicate that the insurance is in force and will not be canceled without thirty (30) days' written notice to city. All of the foregoing insurance coverages shall be maintained in force until the work is fully completed and accepted by city.

The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification under this agreement. The following insurance coverage shall be obtained and maintained: not less than one million dollars ($1,000,000.00) combined single limit coverage for all items:

(1) Bodily injury liability and automotive bodily injury liability (including nonownership and hired cars);

(2) Property damage liability and automotive property damage liability;

(3) General public liability insurance; and

(4) Products liability insurance.

The city attorney or risk manager shall at all times have the right to demand the original or a copy of all such policies of insurance. All premiums on the insurance required in this section shall be prepaid by the principal insured and shall not be an obligation of city.

(c) Workers' compensation. Franchisee shall comply with all applicable provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of divisions of 4 and 5 of the California Labor Code and all amendments thereto; and all similar state or federal acts or laws applicable; and shall indemnify and hold harmless city from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against city, for or on account of any liability for failure to obtain Workers' Compensation insurance. Franchisee shall furnish evidence of workers' compensation and employer's liability insurance with limits of at least statutory coverage to city in such form as is acceptable to the city attorney or risk manager.

(Ord. No. 92-9, § 3, 5-4-92)