Sec. 14-13-9. Indemnification.

As a condition of receiving an operator’s permit, the operator will be required to execute a statement agreeing to indemnify, defend and hold harmless the city, its employees and officials from and against any and all liability, expenses, including defense costs and legal fees, and claims for damages whatsoever, including, but not limited to, those arising from bodily injury, death, personal injury, property damage, loss of use or property loss, however the same may be caused and regardless of the responsibility for negligence. The obligation to indemnify, defend and hold harmless will include, but not be limited to, any liability or expense, including defense costs and legal fees, arising from the negligent acts or omissions or willful misconduct of the operator, its officers, employees, agents, joint venturers, subcontractors or vendors. The operator’s obligations to indemnify, defend and hold harmless will apply even in the event of concurrent negligence on the part of the city, its employees and officials, except for liability resulting solely from the negligence or willful misconduct of the city employees or officials. Payment by the city will not be a condition precedent to enforcement of this indemnity. In the event of a dispute between the operator and the city as to whether liability arises from the sole negligence of the city employees or officials, the operator will be obligated to pay for the city employees and officials’ defense until a final judgment has been entered adjudicating the city employees or officials as solely negligent. In the event a final judgment is entered adjudicating the city employees or officials as solely negligent, the operator will not be entitled to a reimbursement of any defense costs, including but not limited to, attorney’s fees, expert fees and costs of litigation. This indemnity will apply regardless of whether the city approved an operator’s, vehicle or driver’s permit or whether the city inspected or approved any vehicle used in conjunction with a permit. (Ord. No. 1399, § 3 (part).)