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A. Every operator shall obtain and present a certificate of insurance to the finance director for a policy or policies of public liability insurance, issued by an insurance company or companies authorized to do business in the state, providing indemnity for or protection to the City as well as providing public liability insurance coverage for each and every vehicle owned, operated and/or leased by the applicant, for injury to or death of persons, passengers or otherwise, in accidents resulting from any cause by which the owner and/or operator of the vehicle would be liable on account of any liability imposed upon him by law, regardless of whether the vehicle was being driven by the owner or his agent, and as against damage to the property of another, including personal property under like circumstances, in the minimum sums of five hundred thousand dollars for liability for bodily injury or property damage per occurrence. The policies shall name the City as an additional insured.

B. A copy of such insurance policy shall be subject to approval as to both sufficiency and form by the finance director. Every such policy of insurance shall provide that the liability of the insured shall not be affected by the insolvency or bankruptcy of the insured. The policy shall be for the benefit of any and all judgment creditors and shall extend to the period to be covered by the license applied for and the insurer shall give not less than thirty days’ written notice to the finance director in the event of material change, lapse or cancellation.

C. In addition to the insurance requirements specified in subsections A and B of this section, every operator shall execute a hold harmless and indemnification agreement, approved by the City attorney’s office, in which the operator agrees to protect, defend, hold harmless and indemnify the City, its officers, agents and employees from and against all claims, suits and actions for all damage or injury (including any claims or suits related to personal injury or property damage in any way connected to the use and operation of a vehicle) arising from the negligent and/or malicious acts or errors or omissions and any willful, wanton, malicious or intentional tortious conduct on the part of the operator or its agents and/or employees. Operator further agrees to fully indemnify the City from and against any and all costs, including attorneys’ fees, of defending any such claim or demand. Additionally, operator specifically waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its agents or employees and agrees that the obligation to indemnify the City extends to any claim, demand, or action brought by or on behalf of any agent or employee of operator, and includes any judgment, award, and cost thereof, including attorneys’ fees, incurred. This subsection shall not apply to claims and damages arising from the sole negligence of the City, its officers, agents and employees. (Ord. 2546 § 2 (part), 2010: Ord. 1539 § 1 (part), 1989: Ord. 577 § 5, 1972).