A.
A holder of a SUP for WTF shall secure and at all times maintain
public liability insurance for personal injuries, death and property
damage, and umbrella insurance coverage, for the duration of the SUP
in the amounts set forth below.
B.
The commercial general liability insurance policy shall specifically
include the City and its officers, boards, employees, committee members,
attorneys, agents, and consultants as additional named insureds.
C.
Before construction of a WTF is initiated, the holder of the SUP
shall deliver to the City a copy of each of the policies or certificates
representing the insurance in the required amounts.
Any application for WTF that is proposed for City property,
pursuant to this chapter, shall contain a provision with respect to
defense and indemnification. Such provision shall require the applicant,
to the extent permitted by the law, to at all times, defend, indemnify,
protect, save, hold harmless, and exempt the City, and its officers,
boards, employees, committee members, attorneys, agents, and consultants
from any and all penalties, damages, costs, or charges arising out
of any and all claims, suits, demands, causes of action, or award
of damages, whether compensatory or punitive, or expenses arising
therefrom, either at law or in equity, which might arise out of, or
are caused by, the placement, construction, erection, modification,
location, products, performance, use, operation, maintenance, repair,
installation, replacement, removal, or restoration of said facility,
excepting, however, any portion of such claims, suits, demands, causes
of action or award of damages as may be attributable to the negligent
or intentional acts or omissions of the City, or its servants or agents.
With respect to the penalties, damages or charges referenced herein,
reasonable attorneys' fees, consultants' fees, and expert
witness fees are included in those costs that are recoverable by the
City.
