§ 6.60.210. Indemnification and insurance.

A.

The permittee shall indemnify, defend and hold harmless the city, its officers, employees and agents from any and all liability or risk of liability for the use of off-duty San José police officers or San José reserve police officers. The terms of the indemnification shall be as follows:

1.

Permittee shall defend, indemnify, and hold harmless the city, its officers, employees and agents, from any and all claims, demands, causes of action, damages, costs, attorneys' fees, expenses, losses or liabilities, in law or in equity, of every kind and nature whatsoever (including, but not limited to, injury to or death of the off-duty San José police officers or San José reserve police officers, employees of permittee, or third parties and damage to or destruction of property of permittee, city or third parties) arising out of the work performed by the off-duty San José police officers or San José reserve police officers for the permittee regardless of any active or passive negligence on the part of the city, or its officers, employees and agents.

2.

The indemnity provided for shall commence at the time and on the date the part-time employment of the off-duty San José police officers or San José reserve police officers by permittee begins, and shall extend for the actual times and dates of such employment. Part-time employment or independent contractor contracts, written or oral, of all durations are covered under this indemnification to the extent work is performed by the off-duty San José police officers or San José reserve police officers for permittee.

B.

Prior to a permittee's use of any off-duty San José police officers or San José reserve police officers, the permittee shall provide proof satisfactory to the office of the risk manager that permittee has in full force and effect, at the permittee's own cost, a commercial general liability insurance policy or other such policy as the office of the risk manager shall require, with minimum policy limits to be set by the risk manager, naming the City of San José, its officers, employees and agents as additional insureds under the policy.

C.

As part of the proof of insurance required under subsection B., prior to the use of any off-duty San José police officers or San José reserve police officers, the permittee shall be required to sign an insurance agreement with the city in a form to be provided by the office of the risk manager. This form shall include such terms and conditions as the office of the risk manager shall deem reasonably necessary to provide the city with satisfactory proof of insurance and protection from liability.

(Ord. 24629.)