A. Police Power. Licensees are subject to the exercise of the police power of the City and to such reasonable regulations as the City may from time to time hereafter provide by resolution, ordinance or regulation. The issuance of a license shall not be construed as a waiver of any local, state or federal law as now or hereinafter enacted, including modifications to this chapter, and such licensee shall be subject thereto, if applicable.

B. Surety Bond. A licensee shall concurrently, with its acceptance of the license, file with the City Recorder and maintain in full force and effect for the term of said license or any renewal thereof, at licensee’s sole expense, a surety bond with a responsible company licensed to do business in Oregon in an amount established by the Council guaranteeing full and faithful performance by said licensee of the duties and obligations thereof as required by this chapter. Licensee’s bond shall be subject to review and approval by the city attorney; licensee shall furnish proof annually to the City Recorder, or more often upon request, that said bond remains in effect.

C. Indemnity and Hold Harmless. The licensee by acceptance of City license granted as herein provided shall agree by its endorsement of acceptance hereon to the terms and conditions of the license herein granted and in addition covenants and agrees to save the City harmless from any claim, demand, liability or expense to which the City may be subject as a consequence of any claimed act or omission of the licensee, its agents, or employees, in any manner arising from the rights and privileges herein granted. And agrees further, in the event legal action or suit shall be filed against the City for any loss or damage or claim arising from any act or failure thereof by licensee hereunder that upon notice of City, licensee shall accept the defense thereof and defend the City against the same and in the event of judgment against the City thereupon pay the same and all costs incurred including any legal costs the City may incur hereunder as it shall feel necessary to protect its interests or enforce this provision, and to hold the City harmless therefrom.

D. Insurance. A licensee hereunder shall maintain at all times, insurance in such form and with such companies as shall be approved by the city attorney, which will cover the licensee’s business operation, including each vehicle operated by it. Such insurance coverage shall provide for protection of not less than three hundred thousand dollars ($300,000.00) for each person, or less than one million dollars ($1,000,000.00) for bodily injury due to each occurrence, and not less than five hundred thousand dollars ($500,000.00) for property damage due to each occurrence. All insurance coverage shall provide a thirty (30) day written notice to the City Recorder in the event of material alteration or cancellation of any coverage afforded in said policies prior to the effective date of said material alteration or cancellation. The City shall be named as an additional insured on each policy required hereunder. Copies of all policies required hereunder shall be filed with the City Recorder prior to the commencement of licensee’s operations or the expiration of prior policies, as the case may be. Licensee shall furnish proof annually or more often if required by the City, that such insurance remains in effect.

E. Non-waiver. None of the provisions of this chapter, including the provisions of this section providing for the posting of surety bond by licensee or for the attainment and maintenance of public liability and property damage insurance coverage by licensee, shall be construed to excuse the omission of, failure or unfaithful performance by licensee or limit the liability of licensee under this chapter or otherwise for damages resulting from licensee’s operations within the City or with respect to license granted hereunder. (Ord. 2-2003 § 1, 2003; Ord. 4-1993 § 10, 1993.)