Sec. 235.106. - Indemnification and insurance.

(a) As a condition of the permit, the Operator agrees to indemnify, hold harmless and defend the City of Jacksonville, its representatives, employees, and elected and appointed officials, from and against all liability, claims, damages, suits, losses, and expenses of any kind, including reasonable attorney's fees and costs for appeal, associated with or arising out of, or from the permit, the use of ROW or City-owned property for program operations or arising from any negligent act, omission or error of the Operator, owner or, managing agent, its agents or employees or from the failure of the Operator, its agents or employees, to comply with each and every requirement of this Chapter or with any other federal, State, or local traffic law or any combination of same, with the exception that this condition will not apply to claims arising out of the City's own negligence or willful misconduct. This agreement shall be reviewed and approved by the City's Risk Manager and the Office of General Counsel. (b) The Operator shall provide and maintain such public liability and property damage insurance to protect the City of Jacksonville and its representatives, employees, and elected and appointed officials, from all claims and damage to property or bodily injury, including death, which may arise from any aspect of the Program or its operation. Such insurance shall be provided from an insurance company with an A.M. Best rating of not less than "A" and a financial strength rating of not less than "VII," acceptable to the City's Risk Management Division, and shall provide coverage of not less than $2,000,000 for bodily injury, and property damage respectively per occurrence. Such insurance shall be without prejudice to coverage otherwise existing and shall name the City of Jacksonville as additional insured. The policy shall further provide that coverage shall not terminate or be canceled prior to the termination of the permit and license agreement without 30 days' written notice prior to the termination to the City's Risk Management Division and the Director at the address shown in the license. (c) In addition to the requirements of subsection (a) and (b), the Operator shall provide additional insurance and comply with any revised indemnification provision specified in the permit. (d) The Operator shall provide proof of all required insurance prior to receiving a permit and upon each renewal thereafter. (Ord. 2020-26-E , § 1)