No franchise or other authorization to use the rights-of-way issued to a communications system operator or a private communications system owner shall be valid or effective until and unless the city obtains an adequate indemnity from such operator. Unless otherwise agreed, in writing, adequate indemnity must at least include the following:
A.
Release the city from and against any and all liability and responsibility in or arising out of the construction, operation or maintenance of the communications facility in the public right-of-way by the communications facility operator except for damages caused by the city's sole negligence. Each communications facility operator must further agree not to sue or seek any money or damages from city in connection with the above mentioned matters;
B.
Indemnify and hold harmless the city, its trustees, elected and appointed officers, agents, and employees, from and against any and all claims, demands, or causes of action of whatsoever kind or nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments, or decrees, sustained by the city or any third party arising out of, or by reason of, or resulting from or of the acts, errors, or omissions of the communications system operator, or its agents, independent contractors or employees related to or in any way arising out of the construction, operation or repair of the facility in the public rights-of-way;
C.
Provide that the covenants and representations relating to the indemnification provision shall survive the term of any franchise or other authorization and continue in full force and effect as to the party's responsibility to indemnify.
(Ord. 1402 § 1(11.01.7.1), 2001; Ord. 1777 § 1 (Exh. A), 2012)