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A special event authorization shall not be made unless:
A. The applicant has obtained adequate insurance, both in type and amount, as determined by the city's risk manager or designee, which determination shall be based upon the logistics, size and other factors associated with the conduct of the special event. The determination made by the city's risk manager or designee shall be reasonably calculated to protect the city from any liability which may be incurred by the city pursuant to its authorization of the special event.
B. The applicant obtains a waiver for insurance coverage, as provided below.
1. The committee shall waive the requirement for insurance coverage if the applicant presents a verified statement, certifying under penalty of perjury, with sufficient information to establish that:
a. First Amendment expression is the sole or primary purpose of the special event; and
b. The cost of obtaining insurance is so burdensome that in the absence of a waiver the applicant would be precluded from exercising its First Amendment rights.
c. The applicant has been unable to obtain insurance coverage, including the name and address of at least two insurance agents or other sources contacted to determine insurance premium rates.
2. The applicant signs an agreement to reimburse the city for any costs the city incurs in connection with the special event proximately caused by the actions of the applicant, its officers, employees, or agents, or any person who was, under the applicant's control insofar as permitted by law. The agreement shall also provide that the applicant shall hold harmless, indemnify and defend the city, its officials, members, agents and employees against any claims, costs, damages, demands, liability and notices, or any of these, arising or resulting from any damage or injury proximately caused by actions of the applicant in connection with the special event, regardless of whether the city is actively negligent or passively negligent, except for those claims, costs, damages, demands, liability and notices, or any of these, caused solely by the negligence or willful misconduct of the city. Persons who merely join in a parade or event are not considered by that reason alone to be "under the control" of the applicant; and
3. The applicant agrees to cooperate with the city to respond to risks, hazards, and dangers to public health and safety that are reasonably foreseeable consequences of the special event. (Ord. 2018-05 § 2 (part), 2018)