Insurance requirements; exemptions; indemnity/hold harmless

(a)

All special event permits shall require the applicant to provide evidence of, and maintain during the period of the special event permit, commercial general liability insurance with the appropriate endorsements, if applicable. Further, the applicant shall be responsible for paying all deductibles. An event involving the use of automobiles will require the applicant to provide evidence of, and maintain during the period of the special event permit, automobile liability insurance. An event involving the hiring of employees by the applicant will require the applicant to provide evidence of, and maintain during the period of the special event permit, workers' compensation insurance and employer's liability insurance. An event involving the hiring of employees by the applicant to engage in work on or around a navigable waterway will require the applicant to provide evidence of, and maintain during the period of the special event permit, longshoreman's and harbor worker's insurance. The minimum requirements for the types of insurance identified in this paragraph are as follows:

(1)

General liability insurance: Each applicant shall, unless otherwise exempted, effect and maintain during the period of the special event permit insurance with companies authorized to do business in Florida, with an A.M. Best rating of B+ (or better), Class VII (or higher), or otherwise be acceptable to the city if not rated by A.M., commercial general liability insurance with a minimum limit of coverage of no less than one million dollars ($1,000,000.00) for each occurrence and a general aggregate of two million dollars ($2,000,000.00) which shall include the following coverages:

a.

Premises/operations liability.

b.

Products/completed operations.

c.

Personal/advertising injury.

d.

Contractual liability.

e.

Independent contractors liability.

f.

Medical payments five thousand dollars ($5,000.00) coverage limit.

g.

Fire damage one hundred thousand dollars ($100,000.00) coverage limit.

(2)

Additional endorsements: As may be applicable to a particular event, one (1) or more of the following endorsement(s) shall be required:

a.

Liquor liability endorsement: A liquor liability endorsement shall be required for activities involving the sale and consumption of alcoholic beverages, as defined and regulated in chapter 3 of this City Code. Said endorsement shall provide a coverage limit of no less than one million dollars ($1,000,000.00) for each occurrence.

b.

Hazardous materials endorsement: A hazardous materials endorsement shall be required for any activities involving the use of hazardous materials. Said endorsement shall provide a coverage limit of no less than two million dollars ($2,000,000.00) combined single limit per occurrence and annual aggregate with no deductible.

c.

Animal endorsement: An animal endorsement shall be required for any activities involving pony rides, petting zoos and other animal related activities with non-domestic household pets. Said endorsement shall provide a coverage limit of no less than two million dollars ($2,000,000.00) for each occurrence and annual aggregate with no deductible.

d.

Carnival endorsement: A carnival endorsement shall be obtained for activities involving carnival type rides, bungee jumps, trampolines, orbital rides and related rides and attractions commonly associated with a fair or carnival. Said endorsement shall provide a coverage limit of no less than five million dollars ($5,000,000.00) for each occurrence and annual aggregate with no deductible.

e.

Boats and planes endorsement: A boats and planes endorsement shall be obtained for events involving the use of motorcycles, powered model cars, boats, planes, non standard personal cars and jet or inducted fan propulsion watercraft. Said endorsement shall provide a coverage limit of no less than two million dollars ($2,000,000.00) for each occurrence and annual aggregate with no deductible.

f.

Garage keepers liability endorsement: A garage keepers and liability endorsement shall be obtained for events that include valet parking service. Said endorsement shall provide a coverage limit of no less than five hundred thousand dollars ($500,000.00) per occurrence and per location for actual cash value comprehensive and collision.

(3)

Automobile liability insurance: For any event involving the use of automobiles, each applicant shall, unless otherwise exempted, effect and maintain during the period of the special event permit automobile liability insurance with companies authorized to do business in Florida, with a A.M. Best rating of B+ (or better), Class VII (or higher), or otherwise be acceptable to the city if not rated by A.M. Such insurance shall be obtained in accordance with the laws of the State of Florida as to the ownership, maintenance and use of all owned, non-owned, leased and hired vehicles. The combined bodily injury and property damage limit shall be no less than one million dollars ($1,000,000.00) for each occurrence.

(4)

Worker's compensation insurance and employer's liability insurance: For any event involving the hiring of employees by the applicant, each applicant shall, unless otherwise exempted, effect and maintain during the period of the special event permit workers' compensation insurance or employer's liability insurance with companies authorized to do business in Florida, with a A.M. Best rating of B+ (or better), Class VII (or higher), or otherwise be acceptable to the city if not rated by A.M. workers' compensation insurance or employer's liability insurance shall be provided for all employees engaged in work under contract and/or for any contractor or subcontractor a permittee may hire, in accordance with the laws of the State of Florida with a limit of no less than one million dollars ($1,000,000.00) bodily injury by accident and each accident, one million dollars ($1,000,000.00) bodily injury by disease policy limit, and one million dollars ($1,000,000.00) bodily injury by disease each employee.

(5)

Longshoreman's and Harbor Worker's (USL & H) Insurance: For any event involving the hiring of employees by the applicant to engage in work on or around a navigable waterway, each permittee shall, unless otherwise exempted, effect and maintain longshoreman's and harbor worker's insurance in compliance with federal statutes for activities requiring work on or around a navigable waterway.

(b)

Certificate of insurance: Any insurance required for a special event pursuant to the requirements of this section, shall be subject to the approval of the city's risk management office and supported by evidence of approved insurance coverage for the term of the special event permit by a properly executed Accord 25 Certificates of Insurance form. The certificate of insurance must be personally and manually signed by the authorized representative of the insurance company shown on the certificate. The city must be notified in writing at least thirty (30) days prior to any cancellation or modification of the insurance policy. All liability insurance policies required for an event pursuant to this section shall name the city as an additional insured.

(c)

Exemption from insurance requirements for special events on city parks: The insurance requirements herein shall not be required for events held at city parks when said event will take place entirely within an existing park shelter or has as its only additional structure a moon-walk/moon-bounce apparatus that has approval for use by the city.

(d)

Hold harmless/indemnification: In consideration of the privileges granted by issuance of this permit, the permittee shall, to the fullest extent permitted by law, indemnify, defend and hold harmless the city, and all officials, agents and employees of the city, from and against all claims, including but not limited to expenses of whatever kind or nature which the city may sustain, suffer or incur, or be required to pay due to damages or losses suffered by any person, including without limitation, the employees, contractors, subcontractors, invitees and guests of the permittee arising out of the issuance of the special events permit, which may result from allowing permittee to utilize the public right-of-way or city owned park. "Claim" as used in this agreement means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorney's fees, attributable for bodily injury, sickness, disease or death, or injury to or destruction of tangible property including loss of use resulting therefrom. The permittee's obligation to indemnify, defend, and hold harmless includes any claim by permittee's agents, employees, representatives or any subcontractor or its employees or liability resulting for incidents involving the streetcar electrified cables. Said indemnification shall not include claims resulting solely from the act, omission, negligence, or other fault on the part of the city, its official, agents, or employees.

(Ord. No. 2009-126, § 1, 8-20-09)