§ 78-100. Indemnification and insurance.

(a)

The applicant and any other persons on whose behalf the special event permit application is made, by filing such application, do represent, stipulate, contract, and agree that they will jointly and severally indemnify and hold the city harmless against liability for any and all claims for damage to property, or injury to or death of persons arising out of or resulting from the issuance of the permit or the conduct of the special event or its participants. Each application for a special event permit shall contain language in substantially similar form to the language contained in this section.

(b)

No special event permit shall be issued unless the applicant therefor shall obtain a comprehensive general liability insurance policy, issued by an insurance company authorized to do business in the state, with coverage that includes the assembly area(s), the special event area or route, the disbanding area of the special event, and any other area used by the participants in the special event. The city shall be named as an additional insured on such policy. The policy limits of said insurance shall not be less than:

(1)

Property damage: $300,000.00 each occurrence.

(2)

Bodily injury or death: $300,000.00 each person, $500,000.00 each occurrence.

(c)

The chief of police shall have the right to lower or waive the liability insurance limits based upon the type of event. Factors the chief of police may take into consideration include the lack of equipment or machinery to be utilized during the special event, the location of the special event on a less traveled roadway or otherwise having little impact on vehicular traffic, whether the anticipated attendance of the special event is low, and other pertinent factors.

(d)

Prior to issuance of a permit for a special event, satisfactory proof that the required insurance has been obtained must be presented to the city. The requirement for satisfactory proof may be complied with either by providing the original insurance policy to the city or by furnishing to the city a certificate of insurance which meets the following specifications:

(1)

The insurance policies issued shall be listed and for each policy, the type of insurance, policy number, expiration date and limits of liability shall be shown;

(2)

The certificate shall designate the city as certificate holder and as an additional insured, and shall contain a statement to the effect that the policies listed are in force and that in the event of cancellation or any material change in any policy affecting the certificate holder, at least ten days prior written notice will be given to the certificate holder;

(3)

Below the schedule of insurance in force, the certificate shall include a statement substantially as follows: "The comprehensive general liability policy listed above includes coverage of designated premises and coverage for contractual liability in compliance with the provisions of this article, for a special event to be held on _______"; and

(4)

The certificate shall be signed by an authorized agent of the issuing company or companies and shall have attached a copy of the document evidencing the agent's authority.

(e)

The requirements of subsections (b) and (c) of this section shall not be applicable to special events composed of pedestrians only and which do not include any vehicles, animals, explosives, or any planned activity involving the destruction or damage of property or persons. If vehicles only are to be included and the special event does not involve any purposeful damage or destruction of property, a motor vehicle liability insurance policy meeting the minimum requirements set forth in subsection (b) of this section may be accepted in lieu of the insurance required in subsections (b) and (c) of this section.

(Code 1992, § 23-65)