Jackson Municipal Code Ch. 2.56 Insurance Coverage and Hold Harmless Agreements

The following provisions shall govern all contracts and/or permits granted by the city for the use of public property:

A. Hold Harmless Provision of Contracts and/or Permits. All contracts and/or permits awarded by the city shall contain a hold harmless provision which shall read substantially as follows:

1. Contractor and/or permittee agree to, and shall, hold city, its elective and appointive boards, officers, agents and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from contractor and/or permittee or any of its subcontractor's operations under this agreement, whether such operations be by contractor and/or permittee or subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, contractor and/or permittee or any subcontractor. Contractor and/or permittee agrees to, and shall, hold city, its elective and appointive boards, officers, agents and employees from any suits or actions at law or in equity for damage caused, or alleged to have been caused, by reason of any of the aforesaid operations, provided as follows:

a. That city does not, and shall not, waive any rights against contractor and/or permittee which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by city, or the deposit with city by contractor and/or permittee, of any of the insurance policies hereinafter set forth.

b. That the aforesaid hold harmless agreement by contractor and/or permittee shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operation of contractor and/or permittee or any subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any such damages or claims for damages.

B. Compensation Insurance. Contractor and/or permittee shall, to the extent required by law, take out and maintain during the life of this contract, worker's compensation insurance for all employees employed at the site of improvements and if any work is sublet, contractor and/or permittee shall require subcontractor similarly to provide worker's compensation insurance for all of the latter employees, unless such employees are covered by the protection afforded by contractor and/or permittee. If any class of employees engaged in work under this contract at the site of the project is not protected under any worker's compensation law, contractor and/or permittee shall provide and shall cause each subcontractor to provide, adequate insurance for the protection of employees not otherwise protected. Contractor and/or permittee indemnifies city for any damage resulting to it from failure of either contractor and/or permittee or any subcontractor to take out or maintain such insurance.

C. Public Liability and Property Damage Insurance. Contractor and/or permittee shall take out and maintain during the life of this contract such public liability and property damage insurance as shall protect city, its elective and appointive boards, officers, agents and employees and contractor and/or permittee from any claims for damages for personal injury, including death, as well as from claims for property damages which may arise from contractor's and/or permittee's or any subcontractor's operations under this contract, whether such operations be by contractor and/or permittee or by any subcontractor, or by anyone directly or indirectly employed by either contractor and/or permittees or subcontractor and the amounts of such insurance are as follows:

Public liability insurance in an amount not less than one million dollars combined single limit per occurrence covering bodily injury, death and aggregate property damage.

No policies of insurance carried by the contractor and/or permittee shall be subject to cancellation except after notice to the city attorney by certified mail at least thirty days prior to the date of cancellation. The city shall be provided certificates of insurance and policy endorsements satisfactory to the city attorney for such insurance prior to the commencement of any activity under any such contract or permit.

(Ord. 607 §1, 2000)