As a condition of receiving an operator’s permit, and prior to the issuance thereof, the operator shall execute and submit to the Chief of Police, a statement agreeing to indemnify, defend and hold harmless the City, its officers, officials, agents and employees from and against any and all liability, expenses, including defense costs and legal fees, and claims for damages of any kind or nature 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 expenses, including defense costs and legal fees, and claims for damages of any kind or nature whatsoever arising from the intentional or actively or passively 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 officers, officials, employees or agents, except for liability resulting solely from the gross negligence or willful misconduct of the City, its officers, officials, employees or agents. 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 gross negligence or willful misconduct of the City, its officers, officials, employees or agents, the operator will be obligated to pay for the defense of the City, its officers, officials, employees and agents, including but not limited to, attorney’s fees, expert fees and costs of litigation, until a final judgment has been entered adjudicating the City, its officers, officials, agents or employees, as solely grossly negligent or guilty of willful misconduct, and the operator shall not be entitled to reimbursement of these costs. 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. #2013-140)