(a) The city is not responsible for any loss, damage, or delay to any boat harbor facility user which may arise from any cause beyond the city’s direct authority and control, nor from any cause except for the city’s sole negligence. Further, the city shall not be liable for any loss, damage or delay to merchandise, cargo or any other injury which results: from animals, insects, rodents or vermin; from decay, deterioration, evaporation, shrinkage or loss of quantity, quality or value from inherent vice of product; from fire, frost, leakage or discharge from fire protective sprinklers, oxidation or rusting; from civil disorder, insurrection, riot, strike or labor stoppage whether or not agents or the employees of the city be involved; from delay caused by adverse weather; or from delay caused by shortage of qualified labor, except to the extent that any of the aforesaid loss of damage results from negligent acts or omissions of the city, its employees or agents.
(b) If and when persons other than the city are permitted to perform services anywhere in the boat harbor facilities, they shall be liable for the injury of persons in their employ and shall also be held accountable for malicious acts or thefts by themselves or persons in their employ. The provisions of this subsection are applicable to all persons, corporations, associations and the like who in any manner come upon or use the terminal facilities, except to agents or employees of the city. All such persons, corporations, associations and the like shall be strictly liable and responsible for damage to property or for damage or injury to, or for the death of, any person or persons, which may be caused or occasioned by any acts or omission of such persons or the acts or omissions of their agents or employees. All such persons who come upon or use the boat harbor facilities shall be deemed to have irrevocably agreed to indemnify the city for any such loss or damage to persons or properly for which a claim is or may be made against the city, and all such persons shall save and hold the city harmless from any or all such liability, together with all costs and expenses incurred by the city in investigating or defending claims therefore, including, but not limited to, court costs, experts’ fees and attorney’s fees.
(Ord. 2011-05, passed 6-14-11)