Ord 1989-063 - Laserfiche WebLink

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-2- future public convenience and necessity require that the operations here authorized be performed by Service, and that the public convenience and necessity will be served by the granting of this franchise. SECTION 9. Non discrimination: Service shall offer its services on a nondiscriminatory basis to all persons and shall not discriminate upon the basis of religion, race, sex, age, national origin or physical handicap in its operation. SECTION lØ. Insurance: Service shall maintain in full force and effect insurance against liability arising out of injury or death to any person or property damage caused by the negligent or willful misconduct of Service's servants, agents or employees or by the unsafe condition or operation of its trailers or any motor vehicles drawing said trailers, and this insurance shall be in a minimum amount of one hundred thousand dollars ($lØØ,ØØØ.øØ) for any one person, and three hundred thousand dollars ($3ØØ,ØØØ.øØ) for each single occurrence of bodily injury or death: and one hundred thousand dollars ($lØØ,ØØØ.øØ) for any single occurrence of injury to or destruction of property: and such insurance policy shall contain the endorsement that such insurance may not be cancelled or amended with respect to Service without ten (lØ) days written notice by registered mail to City by the insurance company. The original policy of all such insurance shall be delivered by Service to City within ten (lØ) days of the inception of such policy by the insurance company. The minimum limits of any insurance coverage required herein shall not limit Service's liability under Section 11 of this Ordinance. SECTION 11. Indemnity. Service shall indemnify, hold harmless and defend City and all officers, agents and employees of City from and against all damages, claims, losses, demands, suits, judgments and costs, including reasonable attorneys' fees and expenses arising out of or resulting from the conduct or operation of Service's business. It is the intention of Service that such indemnity shall apply whether or not the damages, claims, loses, demands, suits judgments and costs, including reasonable attorneys' fees and expenses arise from the negligence of City. SECTION 12. Changes in Franchise: City expressly reserves the right, after due notice to Service, to modify, amend, alter, change or eliminate any of the provisions of this franchise which may become obsolete or impractical and to impose such additional conditions upon Service as may be just and reasonable, such conditions to be those deemed necessary for the purpose of insuring adequate service to the public. Provided, however, City shall not modify, amend, alter, change or eliminate any of these provisions until after a public hearing. SECTION 13. Termination by City for Default by Service: City shall have the right to investigate the manner of operation of the Service at any time. City may terminate this franchise for the violation or default by Service of any of the terms thereof, provided that Service shall first be given notice of such violation or default and of the intent to terminate: and should such violation or default continue for a period of more than thirty (3Ø) days, then all the rights and privileges of Service under the provisions of this franchise may be forthwi th terminated: provided, however, that termination shall not be invoked for any violation or default due to strikes, insurrections, acts of God or any other causes beyond the control of Service. SECTION 14. Renewal: Voluntary Termination. The term of this franchise shall be renewed each year upon the anniversary of its effective date unless either party gives written notice to the other at least thirty (3Ø) days in advance of such date of its intention to terminate this franchise on the respective anniversary date. It is not necessary for the party giving notice of intent to terminate to specify any cause in connection with the termination. SECTION 15. Severability. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if