5.136.200 Waiver of insurance requirements.
A. Except for special events where the sale of alcoholic beverages is authorized, there are planned temporary street closures, or traffic control or management plan, the insurance requirements of this chapter may be waived. In making the determination of whether to waive insurance, the city’s risk manager shall consider the following factors:
1. Whether it is objectively impossible to obtain insurance coverage;
2. Whether the special event will involve the use of equipment (other than sound equipment), vehicles, animals, fireworks, or pyrotechnics; and
3. Whether a fee or donation is charged or required as a condition of admission or participation in the special event.
B. To claim that it is objectively impossible to obtain insurance coverage pursuant to this section, the applicant shall submit a statement from at least two independent licensed insurance brokers demonstrating the insurance is unavailable in the marketplace.
C. Regardless of the language in Section 5.136.190(A), block parties shall not be required to comply with the insurance provisions of this section.
D. If insurance is waived or not required, the city’s risk manager shall require the applicant of a special event to defend, indemnify, and hold harmless the city in the following form:
Permit Holder [NAME], its employees, agents, and volunteers (collectively “Permit Holder”) shall defend, indemnify, and hold the city, its officials, officers, employees, agents, and volunteers, harmless from and against any action, or claim for loss, liability, or damage, including claims for bodily injury or death, or damage to property arising out of or resulting from (a) Permit Holder’s use, in any manner, of city right-of-way or city-owned property for the permitted special event, and (b) Permit Holder’s non-observance or non-performance of any of the terms of Permit Holder’s special event permit.
(Ord. 3621-18 § 20, 2018.)