Insurance and indemnity

Indemnity, hold harmless and insurance. It shall be a condition precedent to the issuance of any such permit that the applicant shall indemnify, defend and hold the city harmless from all claims, suits or actions of any kind whatsoever arising out of or resulting from the special event, the issuance of the permit, or the operations or activities of the permittee and shall, further, indemnify, defend and hold the city, its officials, and employees harmless for any injuries, losses, or damages arising or resulting from the special event including any injuries, losses, or damages resulting from alleged negligent acts or omissions on the part of the city. The applicant shall ensure that adequate safety precautions are in effect at all times during the term of the permit. It shall be a further condition precedent to the issuance of any such permit for the event that the permit holder(s) is/are jointly and severally responsible, at each permit holder's expense, for any damages regarding restoring the public right-of-way to its original condition before installation of facilities.

(1)

Non-governmental applicant(s). Prior to the issuance of any such permit, the non-governmental applicant(s) shall provide the city with a certificate of insurance affording coverage for commercial general liability with limits of at least $1,000,000.00 per occurrence, $2,000,000.00 aggregate for bodily injury and property damage. The certificate must be endorsed to reflect primary and noncontributory, and further insure against contingent and contractual exposures, personal and advertising injury, underground hazards, if applicable and products and completed operations. At the request of the city, the applicant shall also furnish additional lines of coverage with limits acceptable to the city in connection with the scope of services contemplated under this permit. The city must be listed as additional insured on all applicable third-party liability policies. The insurance herein required shall remain in full force and effect during the entire term of the permit. Additionally, all such insurance for non-governmental applicant(s) shall be subject to annual review by the city's risk management department and the applicant shall be required to update as necessary to protect the city as set forth in this section.

(2)

Government applicant(s). Prior to the issuance of any such permit, the governmental applicant(s) shall submit to the city a certificate of insurance or letter of self-insurance for each governmental applicant in accordance with and subject to the limitations as set forth in F.S. § 768.28.

(Ord. No. 14357, § 2, 3-13-25)