§ 37-35. Driver as independent contractor.

(a)

A holder may contract with a driver on an independent-contractor basis, but only if the contract:

(1)

Provides that the holder shall indemnify the city and hold the city harmless for a claim or cause of action against the city arising from conduct of the driver;

(2)

Provides that the driver is insured under the holder's insurance policy;

(3)

Imposes a condition that the driver must comply with this chapter and provides that failure to comply shall be considered by the holder as a material breach of the contract; and

(4)

Incorporates the provisions of section 37-33.

(b)

The form of the contract between a holder and driver must be approved by the director. The director may disapprove a contract if he determines that the contract is inconsistent with this chapter, regulations established under this chapter or other applicable law. A holder may not use a contract that has been disapproved by the director.

(Ord. No. 5009, § 1, 8-14-86)