Ordinance 2510-01 - Laserfiche WebLink

6.1.4. NON-WAIVER The fact that Grantee carries out any activities under this Franchise through independent contractors shall not constitute an avoidance of or defense to Grantee's duty of defense and indemnification under this subsection. 6.1.5. EXPENSES Grantee shall pay all expenses incurred by the City in defending itself with regard to any action, suit or proceeding indemnified by Grantee. The City's expenses shall include all out-of-pocket expenses, such as consultants' fees, and shall also include the reasonable value of any services rendered by the City Attorney or his/her assistants or any employees of the City or its agents. 6.2. Insurance A. Grantee shall maintain in full force and effect at its own cost and expense each of the following policies of insurance: (1) Commercial General Liability insurance with limits of no less than one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) excess liability. Such insurance shall name the City, its officers, officials, boards, commissions, agents, representatives,volunteers and employees as additional insureds. (2) Commercial Automobile Liability insurance with minimum combined single limits of one million dollars ($1,000,000.00) each occurrence and two million dollars ($2,000,000.00) excess liability with respect to each of Grantee's owned, hired and non-owned vehicles assigned to or used in the operation of the Telecommunications System in the City. (3) Employer's Liability with limits of at least one million dollars ($1,000,000.00). B. Each policy shall provide that the insurance shall not be canceled or materially changed so as to be out of compliance with these requirements without forty-five (45) days' written notice first provided to the City, via certified mail, and ten(10)days'notice for nonpayment of premium. If the insurance is canceled or materially altered so as to be out of compliance with the requirements of this subsection within the term of this Franchise, Grantee shall provide a replacement policy. Grantee agrees to maintain continuous uninterrupted insurance coverage, in at least the amounts required, for the duration of this Franchise and, in the case of the Commercial General Liability, for at least one(1)year after expiration of this Franchise. C. Self-insurance is not permitted for this Franchise, unless approved in advance and in writing by the City's Risk Administrator. 6.3. Deductibles / Certificate of Insurance Any deductible of the policies shall not in any way limit Grantee's liability to the City. 12 of 29