§ 2-152. Hold harmless, indemnification agreements.

(a)

The city commission may authorize, by resolution, the execution of contracts with the United States of America containing "hold harmless" or "indemnification" clauses wherein the city agrees to hold harmless or indemnify the United States of America, its departments or agencies, in conjunction with any project, joint undertaking, grant, or other matter affecting the city. Any previous contracts containing such clauses entered into by and between the city and the United States of America for such purposes are hereby ratified and affirmed.

(b)

The city commission may authorize, by resolution, the execution of contracts with the state or any political subdivision, department or agency thereof, and with other municipalities within the state, containing "hold harmless" or "indemnification" clauses wherein the city agrees to hold harmless or indemnify the state or any political subdivision, department or agency thereof, or any other municipality within the state, in conjunction with any project, joint undertaking, grant, or other matter affecting the city. Any previous contracts containing such clauses entered into by and between the city and the state or any political subdivision, department or agency thereof, or with any other municipality within the state for such purposes are hereby ratified and affirmed.

(c)

The city is authorized to enter into indemnification agreements as follows:

(1)

The city manager may approve and enter into indemnification agreements when:

a.

The indemnification provision appears in agreements for vehicle and equipment rentals;

b.

Where commission approval of the main agreement is not required; or

c.

The indemnification is requested by a property owner whose property is being used by the city for a city program, event or function.

(2)

All other indemnification agreements must be authorized by the city commission.

(Code 1953, §§ 1-14, 2-59; Ord. No. C-75-113, § 1, 12-16-75; Ord. No. C-77-133, § 1, 9-20-77; Ord. No. C-84-16, § 2, 3-7-84; Ord. No. C-86-2, § 1, 1-21-86)