Sec. 8-347. - City nonliability; insurance.

(a)

The franchisee shall hold the city, its elective and appointive boards, commissions, officers, agents and employees harmless from any liability for damage or claims for damages for personal injury, including death, as well as from claims for property damage which may arise from the franchisee's agents' or employees' operations under the franchise. Franchisee shall defend the city and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations.

(b)

To ensure compliance with the above, franchisee shall take out and maintain during the life of the franchise such public liability and property damage insurance as shall insure the city, its elective and appointive boards, commissions, officers, agents and employees against claims for damages for personal injury, including death, as well as from claims for property damage which may arise from the franchisee's operations under the franchise whether such operations be by the franchisee or by anyone directly or indirectly employed by the franchisee. Furthermore:

(1)

The amounts and basis of the insurance shall be established in the franchise agreement;

(2)

All insurance policies shall be issued by an insurance carrier satisfactory to the city, and shall name the city as a joint insured, and evidence of such coverage shall be delivered to the city. In lieu of actual delivery of such policies, a certificate issued by the insurance carrier showing such policies to be in force will be accepted.

(Rev. Ords. 1987, § 8-247)