Indemnification of the City
San Diego Municipal Code § 62.1214
in effect§62.1214 Indemnification of the City
To the extent permissible by law, excavators and their agents, successors, and assigns, shall indemnify, defend, protect and hold harmless the City, including, without limitation, each of its commissions, elected officials, departments, officers, agents, and employees from and against any and all actions, claims, costs, damages, demands, expenses, fines, injuries, judgments, liabilities, losses, penalties, or suits including, without limitation, attorney’s fees and costs of any kind allegedly arising directly or indirectly from:
(a) Any act, omission, or negligence by an excavator, its agents, contractors, subcontractors, or the officers, agents or employees of such entities, while engaged in the performance of the excavation authorized by the Public Right-of-Way Permit, or while in or about the property subject to the Public Right-of-Way Permit for any reason connected in any way whatsoever with the performance of the excavation authorized by the Public Right-of-Way Permit or allegedly resulting directly or indirectly from the maintenance or installation of any facilities or structures authorized under the Public Right-of-Way Permit;
(b) Any alleged act or omission of the City, not including allegations of the City’s active or sole negligence or willful misconduct.
(c) Any accident, damage, death, or injury to any excavator or its contractor or subcontractor, or any officer, agent, or employee of either of them, while engaged in the performance of the excavation authorized by the Public Right-of-Way Permit or while in or about the property for any reason connected with the performance of the excavation authorized by the Public Right-of-Way Permit or arising from liens or claims for services rendered or labor or materials furnished in or for the performance of the excavation authorized by the Public Right-of-Way Permit;
(d) Any accident, damage, death, or injury to any persons or accident, damage, or injury to any real or personal property upon, or in any way allegedly connected with, the excavation authorized by the Public Right-of-Way Permit from any cause or claims arising at any time; and
(e) Any release or discharge, or threatened release or discharge, of any hazardous material caused or allowed by permittee about, in, on, or under the excavation site subject to the Public Right-of-Way Permit.
(“Indemnification of the City” added 1-2-2013 by O-20231 N.S.; effective 2-1-2013.)
(“Indemnification of the City” renumbered from Section 62.1213 to Section 62.1214 and amended 8-8-2023 by O-21701 N.S.; effective 1-1-2024.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter06/Ch06Art02Division12.pdf#page=14Fetched: 10/28/2026