A. Any applicant shall be called upon to post an indemnity bond and/or a performance bond in favor of the county in connection with the operation of a festival. Bonds required by this chapter must meet legal standards applicable to such bonds and guarantees must be submitted prior to the issuance of a license. All bonds and insurance discussed herein shall be paid by the applicant at his/her/its own expense and independent of the license fee required by this chapter. Unless the applicant has obtained a special use or recreation permit from the BLM and a similar bond is required by the BLM for the same purposes, in which case, the applicant shall submit a copy of the paperwork for the bond approved by the BLM and the county will approve such bonding as being sufficient.
B. An applicant shall be required to submit a surety bond written by a corporate bonding company authorized to do business in the state in an amount determined by the board of county commissioners. The bond shall indemnify the county, its agents, officers, servants and employees and the county commissioners against loss, injury and damage to both person and property. If the applicant has obtained a special use or recreation permit from the BLM and a similar bond is required by the BLM for the same purposes, in which case, the applicant shall submit a copy of the paperwork for the bond approved by the BLM and the county will approve such bonding as being sufficient, provided that the county is named as an additional agency covered by the bond.
C. Additionally the county may demand that the applicant provide a corporate surety bond written by a corporate bonding company authorized to do business in the state, indemnifying the county and the owners of property adjoining the festival, assembly, or event site for any costs necessitated for cleaning up and/or removing debris, trash or other waste from, in and around the premises. The bond shall be in an amount determined by the board of commissioners. If the applicant has obtained a special use or recreation permit from the BLM and a similar bond is required by the BLM for the same purposes, in which case, the applicant shall submit a copy of the paperwork for the bond approved by the BLM and the county will approve such bonding as being sufficient.
D. The commissioners may waive a bond requirement if the applicant can provide verifiable proof of insurance, naming the county as a primary insured under the insurance contract, with sufficient coverage to protect the county financially. If the applicant has obtained a special use or recreation permit from the BLM and a similar insurance amount is required by the BLM for the same purposes, in which case, the applicant shall submit a copy of the paperwork for the bond approved by the BLM and the county will approve such insurance as being sufficient, provided that the county is named as an additional insured.
E. In addition to the bond and insurance coverage discussed above, the applicant shall either provide at its own expense for insurance or a bond that will cover any indigent medical care which may occur during the assembly. In the event the county is able to procure indigent medical coverage for all indigents, the applicant shall pay a proportionate share of the insurance as required to cover the assembly or obtain its own indigent medical insurance. (Ord. 288, 2012)