eLaws | eCases | Oregon Courts | Counties & Cities of Oregon | Code of Federal Regulations | United States Code |
 Independence
 Code of Ordinances
 Appendix A. FRANCHISES
 Article I. SOLID WASTE

  § 22. Indemnification and Insurance.  

Latest version.

  • The franchisee shall be liable for all damages or injuries to persons or property caused by the negligence of or mismanagement by the franchisee or any of its employees while engaged in the business under the provisions of this franchise. Should the city, or any of its officers, agents or employees in the scope of their employment be sued for damages caused in whole or in part by the operations of the franchisee, under the provisions of this franchise, the franchisee shall be notified of such suit and it thereupon shall be its duty to defend or settle the suit and should judgment go against the city, its officers, agents or employees; and in any such case the city, its officers, agents or employees shall recover the amount thereof with costs and attorneys fees from the franchisee. The record of judgment against the city or any of its officers, agents or employees, in any such case, shall be conclusive evidence to entitle the city, its officers, agents or employees to recover against the franchisee.

    A.

    Franchisee shall pay, save harmless, and indemnify the City from any loss or claim against the City on account of, or in connection with, any activity of Franchisee in the construction, operation or maintenance of its technical facilities and systems services.

    B.

    Franchisee shall indemnify and hold the City harmless from any fines the City may be required to pay DEQ for violation of DEQ rules or regulations related to recycling and caused by Franchisee. If City receives notice that a fine has been assessed against the City, it shall immediately forward said notice to Franchisee and Franchisee shall pay such fine, in full, within whatever period of time the City is obligated to pay the fine. Franchisee shall have the option and opportunity to contest the violation and the fine as the representative of the City for the purpose of contesting the fine. The cost of contesting the violation shall be the responsibility of Franchisee. Franchisee shall also have the option of deciding whether to pay or contest the fine. If the City receives notice of a violation or that a fine has been assessed against the City, it shall immediately forward said notice to Franchisee and Franchisee shall contest, or pay such fine in full, within whatever period of time the City is required to respond to the notice. If Franchisee shall fail to pay the fine within the required period and the City chooses, which it may do at its sole option, to pay the fine because of Franchisee's failure to make a timely response, the City shall send notice of payment to Franchisee and said amount shall be immediately due and payable from Franchisee, and if Franchisee does not pay within ten (10) days from the date notice was mailed by the City, the failure of Franchisee to reimburse the City shall be a material breach of the Agreement. In addition, the obligation to reimburse the City shall bear interest at the rate of one and one-half percent (1½%) per month until payment is made.

    C.

    The Franchisee shall, for the purposes of carrying out the provisions of this section, prior to commencing construction of any kind, have in full force and effect, and file evidence thereto with the City Recorder, good and sufficient policies covering:

    Workers' Compensation Statutory Limits
    Commercial General Liability $1,000,000 per occurrence, Combined Single Liability (C.S.L.)
    $2,000,000 General Aggregate
    Auto Liability including coverage on all owned, non-owned and C.S.L. hired autos $1,000,000 per occurrence
    Umbrella Liability $1,000,000 per occurrence C.S.L.

     

    The City shall be added as an Additional Insured to the above Commercial General Liability and Auto Liability Insurance Coverage.

    The Franchisee shall furnish the City with current Certificates of Insurance evidencing such coverage. Upon any material alteration or cancellation of any insurance coverage, the Franchisee shall give the City 30 days' notice in advance of the effective date of the alteration or cancellation of the coverage.

    (Ord. No. 1475, § 22, 5-12-2009)

    CITY ADMINISTRATION