A. Each official police tow service shall, to the fullest extent permitted by law, indemnify, defend and hold the City of Brea, the City of Yorba Linda (for so long as the City of Brea provides law enforcement services to the City of Yorba Linda), and each of those cities’ elected officials, officers, agents, employees, and volunteers (collectively, “the indemnitees”), free and harmless with respect to any and all claims, demands, and/or liabilities of any nature, for damages due to death of or injury to any person, injury to property, or other loss of any nature, allegedly or actually arising out of or connected with the grant of the franchise, or the acts or omissions, whether or not negligent or intentional, of the official police tow service, or any owner, employee, agent, subcontractor or any other person or entity acting on behalf of or with the permission of the official police tow service. The indemnity obligation set forth herein shall include the payment of any and all attorneys’ and experts’ fees, and all costs of suit incurred by or on behalf of any of the indemnitees.
B. The City of Brea shall not be deemed to have waived any rights that it may possess against an official police tow service because of the acceptance by the city, or the deposit with the city, of any insurance policy or certificate required pursuant to this chapter. This indemnity provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. The obligations of the official police tow service pursuant to this section will not be limited by the provisions of any workers compensation act or similar act. Each official police tow service is deemed to have waived any applicable statutory immunity, under any statute or law, as to all indemnitees. The indemnity obligations set forth in this section shall survive the expiration or revocation of the franchise to the maximum extent permitted by law.
(Ord. 1070, passed 6-1-04)