(a) For all special events subject to the requirements of this article the director shall
require as a condition of the issuance of a permit and the applicant shall obtain,
furnish proof of and maintain a policy of insurance issued by an insurance company
authorized to do business in the State of California. The insurance policy shall be
endorsed to name the City of Costa Mesa and its elected and appointed boards, officers,
agents, and employees as an additional insured, and shall provide that any other insurance
maintained by the City of Costa Mesa shall be in excess and not contributing with
the insurance coverage provided to the City of Costa Mesa under the applicant's policy.
The minimum limits of liability shall conform to a schedule which shall be adopted
by resolution of the city council; provided, however, that in no case shall the minimum
limits of liability be lower than one million dollars ($1,000,000.00) combined single
limits, per occurrence and in the aggregate.
(b) The applicant shall also be required to sign an indemnity agreement in a form approved
by the city attorney which shall expressly provide that the applicant agrees to defend,
protect, indemnify and hold the city, its officers, employees and agents free and
harmless from and against any and all claims, damages, expenses, loss or liability
of any kind or nature whatsoever arising out of, or resulting from, the alleged acts
or omissions of applicant, its officers, agents or employees in connection with the
permitted event or activity; and the permit shall expressly provide that the applicant
shall, at applicant's own cost, risk and expense, defend any and all claims or legal
actions that may be commenced or filed against the city, its officers, agents or employees,
and that the applicant shall pay any settlement entered into and shall satisfy any
judgment that may be rendered against the city, its officers, agents or employees
as a result of the alleged acts or omissions of applicant or applicant's officers,
agents or employees in connection with the uses, events or activities under the permit.
If an applicant provides proof that such insurance obligations pursuant to section
9-218(a) provides contractual liability that provides coverage for any obligations
contemplated by the indemnity provisions herein, city agrees not to enforce said indemnity
agreement against the applicant.
(c) Any indigent natural person who cannot apply for a permit because of an inability
to pay for the required insurance due to such indigence shall not be required to provide
the insurance obligations set forth in subsection (a) or sign an indemnity agreement
required by subsection (b). Application for indigent status shall be made at the time
of submission of the permit application and shall be accompanied by such relevant
information and documentation as may, in the opinion of the director, be reasonably
necessary to verify such status.
