Indemnification

Operators shall indemnify, defend, and hold harmless the city, the MPA, jointly and severally, and their respective officers, employees, agents and instrumentalities from any and all liability, losses or damages, including any and all attorneys' fees and costs of defense, which the city and its officers, employees, agents and instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature including, but not limited to, personal injury or wrongful death, property loss or damage, the conditions and features on all sidewalks and sidewalk areas, bike lanes or bike paths, streets, bay walks, or other areas within the city on which a motorized scooter is operated, to the extent arising out of or in any way connected with the operation of the motorized scooter service or use of a motorized scooter. Operators shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the city, where applicable, including administrative, trial, and appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. Operators shall expressly understand and agree that any insurance protection required by this article, or otherwise provided or secured by an operator, shall in no way limit the responsibility to indemnify, defend and hold harmless the city, the MPA, or their officers, employees, agents and instrumentalities as required by this section. The obligation to indemnify, defend, and hold harmless will survive the revocation, cancellation, or expiration of a license. The operators will acknowledge on the license application form, which will include this indemnification in substantially the language provided by this section, that the granting of the license is, in part, conditioned on the granting of this indemnification which is knowingly and voluntarily given by the operators.

Motorized scooters are only authorized to be used in the pilot program area of commission district 2. Motorized scooter use outside the pilot program area is not lawful, is not authorized and operators shall defend, hold harmless and indemnify the city and MPA for every, any, and all liabilities, losses or damages, including any and all attorneys' fees and costs of defense, which the city and its officers, employees, agents and instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature for motorized scooters operating outside the pilot program area including, without limitation, those listed in this section and the impoundment, seizure, and possible sale of motorized scooters operating anywhere outside of the pilot program area in the city. In addition to other remedies available the city may make a claim against the payment and performance bond or letter of credit submitted by the operator and/or effectuate a revocation of their license.

(Ord. No. 13795, § 2, 10-11-18; Ord. No. 13862, § 2, 9-26-19)