5.05.140 Insurance and indemnity requirements.

(A) For all special events subject to the requirements of this chapter, the city manager shall require as a condition of the issuance of a permit that 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 American Canyon 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 American Canyon shall be in excess of, and not contributing to, the insurance coverage provided to the city of American Canyon under the applicant's policy. The minimum limits of liability shall conform to a schedule which shall be adopted by a separate resolution of the city council; provided, however, that in no case shall the minimum limits of liability be lower than one million dollars, combined single limits, per occurrence and in the aggregate.

(B) The applicant of special events 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 special event or temporary outdoor promotion permit shall expressly provide that the applicant shall, at applicant's own cost, risk and expense, defend any and all claims of legal action 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 special event or temporary outdoor promotion permit. If an applicant provides proof that the insurance obligations, pursuant to subsection A of this section, provide contractual liability providing coverage for any obligations contemplated by the indemnity provisions herein, the city agrees not to enforce the indemnity agreement against the applicant.

(C) Any indigent natural person who cannot apply for a special event 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 to sign an indemnity agreement required by subsection B. Application for indigent status shall be made at the time of submission of the special event permit application and shall be accompanied by such relevant information and documentation as may, in the opinion of the city manager, be reasonably necessary to verify such status.