The applicant for a special event permit shall furnish evidence of insurance and shall be obligated to indemnify the city as follows:
A. Prior to issuance of a special event permit, the applicant shall submit evidence of general liability insurance coverage, which shall be at no cost to the city, which insurance policy shall comply with all of the following:
1. Coverage must be at least as broad as ISO CGL Form 00 01 and provided on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury;
2. The policy limit per occurrence shall be in an amount as determined by the city's risk manager;
3. The policy shall cover all losses and damages as specified in subsection C of this section;
4. The policy shall be endorsed to provide that the city, its officers, employees, and agents are named as additional insureds;
5. The policy shall be endorsed to stipulate that the policy will operate as primary insurance and that no other insurance covering the city or other named insured will be called on to contribute to a covered loss; and
6. If the special event includes the sale or consumption of alcoholic beverages, a liquor liability endorsement is also required.
B. No person shall conduct a special event under a special event permit without the insurance coverages as required by this section being in full force and effect. However, the insurance requirement for special events involving only the exercise of free speech rights may be waived by the city manager if the applicant certifies in writing that: (1) the applicant and/or sponsoring organization does not maintain such insurance coverage; (2) the cost to obtain insurance coverage for the special event is not commercially reasonable or is so cost prohibitive as to prevent the applicant or sponsoring organization from holding the special event; and (3) the special event will not include pyrotechnics, commercial activity, the sale or consumption of alcoholic beverages, operation of carnival or animal rides or demonstrations with animals, floats or other non-standard vehicles, specialized recreational equipment, or cooking, open fires, or fuel storage.
C. The applicant or the sponsoring organization if different than the applicant, shall defend, indemnify, and hold harmless the city, its officers, employees, and agents from and against all actions, losses, damages, liability, costs, and expenses of every type and description, including, but not limited to, attorneys' fees, arising directly or indirectly, in whole or in part, from the acts or omissions of the applicant, sponsoring organization, or its officers, employees, or agents. (Ord. 2012-042 § 4)