§ 26-1-7 Special events on city property.
(A) If required by the City, the Promoter and Special Event Sponsor for any Special Event that is to be held on City owned property shall execute an agreement on a form provided by the City under which the Promoter and Special Event Sponsor agrees to waive and release the City of Goodyear and its officers, elected and appointed officials, employees, agents, representatives, and volunteers from and against any and all claims, costs, liabilities (including bodily injury or illnesses), expenses or judgments, including attorney’s fees and court costs (collectively "Claims"), arising out of or related to the activities of the permitted Special Event and also agrees to indemnify and hold harmless the City from and against any and all Claims arising out of or related to the activities of the permitted Special Event unless such Claims are caused solely by the negligence, gross negligence or willful misconduct of the City, its officers, elected and appointed officials, employees, agents, representatives, and/or volunteers.
(B) For any Special Event that is to be held on property owned or controlled by the City, the Special Event Sponsor, the Promoter, and all Persons, including by way of example, but not limitation, Vendors, contractors and sub-contractors who will be performing any activity associated with the setup, tear down, clean-up, and/or operation of the Special Event, shall, if required by the City, carry and provide proof of insurance in the amounts and types of coverage as determined by rules and regulations adopted by the City Manager subject to the following:
(1) All required insurance coverage shall be primary and any insurance maintained by the City, its officers, elected and appointed officials, employees, agents, representatives and volunteers shall be excess and non-contributory.
(2) All required insurance coverage shall be provided on a "per occurrence" form. If coverage is only available on a "claims made" form, the City Clerk shall deny the application for the Special Event except as follows. The Risk Manager may require and obtain proof that the insured has obtained extended reporting coverage for a period of time deemed sufficient by the Risk Manager to protect the City from any unforeseen losses and in such a case, a "claims made" policy may be allowed.
(3) The City, its officers, elected and appointed officials, employees, agents, representatives, and volunteers shall be included as additional insureds on insurance policies as required by the Risk Manager. The City, its officers, elected and appointed officials, employees, agents, representatives, and volunteers shall be named as additional insured by endorsement and not solely as a listed party on a certificate of insurance. The City, its officers, elected and appointed officials, employees, agents, representatives, and volunteers are to be covered as additional insureds to the full limits of coverage purchased even if those limits are in excess of the minimum amounts of insurance required by the City.
(C) The Promoter and Special Event Sponsor shall execute any agreements and pay all applicable fees required by the City, including the Parks and Recreation Department, for the use of the City’s parks, parks facilities, or other City owned and/or controlled property. (Ord. 14-1301, passed 6-23-2014; Ord. 15-1322, passed 5-11-2015)