Sec. 191.105. - Indemnification.

(a) Within ten business days after conditional approval of a special event application as provided in Section 191.108 (a), the applicant shall provide to the Chief an agreement pursuant to which the Applicant releases and forfeits any right of action against the City or its members, officials, employees and agents from any liabilities, claims for damages, losses, and costs which arise out of or in connection with the special event and to the fullest extent permitted by law, indemnifies, defends and saves the City and City's members, officials, officers, employees and agents harmless (1) against all liability, claims for damages, and suits for or by reason of any injury to any person, including death, and damage to any property for every cause in any way connected with the special event irrespective of negligence, actual or claimed, upon the part of the City, its agents and employees, except where caused by the willful and wanton acts of City officials, officers, employees and agents, and (2) from all expenses incurred by the City for police protection, fire protection and emergency medical services, restoration and clean up, sanitation and maintenance costs and expenses that are required to preserve public order and protect public health, welfare and safety at the special event in accordance with the requirements of Sections 191.113 , 191.114 , 191.115 , 191.116 and 191.117 . The Applicant shall also agree to indemnify the City and City's members, officials, officers, employees and agents against all charges, expenses and costs, including the reasonable value of the services of the Office of General Counsel, incurred on account of or by reason of any such injuries, damages, liability, claims, suits or losses and all damages growing out of the same. (b) Contract authority. The Director of Public Works or his or her designee is authorized to enter into indemnity contracts, in the name of the City, with persons or entities promoting or sponsoring special events to be held in the City. At a minimum, such contracts shall provide that the person or entity promoting or sponsoring a special event shall assume full responsibility and liability for and indemnify and save the City harmless against: (1) All liability, claims for damages, and suits for or by reason of any injury to any person, and damage to any property for every cause in any way connected with the preparation for the set-up, holding and the closeout of the special event, irrespective of negligence, actual or claimed, upon the part of the City, its elected officials, agents and employees, except for the willful and wanton acts of its elected officials, employees and agents. The City's Division of Risk Management and the Office of General Counsel shall review and approve such contract language; and (2) All expenses incurred by the City for Jacksonville Sheriff's Office ("JSO") and City of Jacksonville Fire and Rescue Department services in accordance with standards specified in Sections 191.114 and 191.115 . Such expenses shall be governed by the costs standards specified in Section 191.116 ; (3) All expenses incurred by the City for sanitation facilities and cleaning up of any special event site and other immediate surrounding areas affected by the event after the occurrence of the special event as specified in Section 191.117 ; and (4) Any other expenses or costs that may be incurred by the City as a result of allowing the special event to take place. (Ord. 2004-814-E, § 2; Ord. 2013-695-E, § 1) Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.