(a) The applicant shall enter into a user agreement with the city prior to the event, in which the applicant agrees to bear all costs of clean up and restoration of the public property upon the conclusion of the event and to reimburse the city for costs related to any damage or use beyond normal wear and tear on the public property. The user agreement shall require the applicant to provide full reimbursement to the city within 60 calendar days of the conclusion of the permitted event. The assessed reimbursement amount shall be subject to the procedures for appeal contained in this article.
(b) The user agreement shall include the following:
(1) Indemnification. Applicant shall assume full responsibility and liability for and indemnifies, defends and holds the city harmless against:
a. All liability, claims for damages and suits for or by reason of any injury to any person, including death, and damage to any property for every cause in any way connected with the holding of the event, including the preparation, set-up, teardown and cleanup; and
b. All expenses incurred by the city for public safety, sanitation and transportation personnel and resources required to preserve public order and protect public health, safety and welfare, together with any other expenses or costs that may be incurred by the city as a result of the event. The applicant shall indemnify the city against all charges, expenses and costs, including the city’s legal department services incurred on account of or by reason of any such injuries, damages, liability, claims, suits or losses and all damages growing out of the same.
(2) Insurance.
a. When required by the city, an applicant must provide to the outdoor events manager, a certificate of commercial general liability insurance listing the City of Fort Worth as an additional named insured in the amounts prescribed by the risk manager or designee.
b. An applicant for a permit to hold an event where alcohol is to be sold must provide to the outdoor events manager a certificate of insurance in the amount of $1,000,000 as liquor liability insurance, in addition to the general liability insurance requirements.
c. Federal, state and local government agencies may submit a statement of self-insurance which shall be acceptable in place of insurance requirements of this section.
(c) Execution of a user agreement shall be waived for First Amendment events that do not involve the use of motor vehicles.
(Ord. 19255-08-2010, § 1, passed 8-3-2010, eff. 10-1-2010)