(A) Indemnification agreement. As a condition precedent to the issuance of a special event permit, the permittee shall enter into an agreement with the city in a form approved by the City Attorney which shall set forth the undertaking of the permittee to indemnify, hold harmless, and reimburse the city from any liability, damage, or loss occurring during the course of the event authorized by such permit where such liability, damage, or loss is proximately caused by the negligent or intentional act or omission of the permittee, any officer, employee, or agent of the permittee, or any person subject to the permittee's legal control. In addition, such agreement shall provide that in the event a claim is made against the city by suit or otherwise arising out of such negligent or intentional act or omission, then the permittee shall defend the claim or suit by counsel acceptable to the city and shall indemnify the city for any judgment rendered against the city, or any sums paid out in settlement or otherwise. Such agreement shall be filed with the City Manager prior to the issuance of the permit.
(B) Liability insurance. As a condition precedent to the issuance of a special event permit, the City Manager may require the permittee to obtain public liability insurance acceptable to the City Manager and City Attorney which provides insurance coverage against liabilities for death, personal injury, or property damage arising out of or in any way connected with such event. The City Manager may not require liability insurance if the event involves an exercise of free speech rights.
(C) Traffic control and standby fees. As a condition precedent to the issuance of a special events permit, the City Manager may require the permittee to prepay to the city a fee in an amount equal to the city's total estimated costs, based upon the recommendations of the Chief of Police, Director of Emergency Services, and the most recent Fee Schedule adopted by the City Council, for providing all of the personnel and materials deemed necessary in order to control and monitor pedestrian and vehicular traffic in and around the site of such event, and to provide emergency services response to event participants.
(1) No fee may be collected for the purpose of protecting event participants from the unlawful conduct of others in response to the event. The City Manager may not require a fee deposit if the event involves an exercise of free speech rights.
(2) If this section requires payment of fees, traffic control, and standby fees of $500 or more, or if the special event is cancelled, the city shall provide to the permittee an itemized statement of actual costs incurred by the city within 30 days after the event, or after cancellation thereof. If the actual costs exceed the amount prepaid, the permittee shall pay any difference within 30 days after receipt of the itemized statement from the city. If the actual costs are less than the amount prepaid, the city shall refund to the permittee any difference within 30 days after the itemized statement is provided.
(Ord. 2001-28, passed 8-28-01)