§ 64-120. Indemnity agreement.

(a)

As a condition for the issuance of each excavation permit, the applicant shall furnish to the director an indemnity agreement in the form approved by the director binding the applicant to defend, indemnify, and hold harmless the city and any of its agencies, officials, officers, or employees from and against all claims, damages, liability, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or resulting from any acts or omissions in connection with the excavation, including claims arising subsequent to completion of the operation and return of the excavation site to normal use, caused in whole or in part by the permittee, its employees, agents, or subcontractors, or caused by others for whom the permittee is liable, regardless of whether caused in part by any act or omission of city, its agencies, officials, officers, or employees. A permittee's obligations under this section with respect to indemnification for acts or omissions of city, its agencies, officials, officers, or employees shall not apply to any claims arising solely out of the city's negligence.

(b)

Duration. The obligation for indemnification provided for in this section shall remain in effect for a period of three years from the date of the acceptance of the work covered by the permit.

(Ord. No. 001685, § 1, 2-20-01)