§ 21-81. Indemnification; insurance.

(a)

The applicant for a public assembly permit and any other person on whose behalf the application for a public assembly permit is made, by filing an application, shall represent, stipulate, contract and agree that he, she or they shall, jointly and severally, to the fullest extent provided in section 768.28, Florida Statutes, indemnify and hold Orange County and the county sheriff's office harmless from any and all claims, damages, losses, and expenses made against or incurred or suffered by Orange County or the county sheriff's office because of injury or death to persons or damage to property, including court costs and attorneys' fees, and attorneys' fees on appeal, resulting from the intentional or negligent acts or omissions of the applicant or of any person on applicant's behalf in connection with the holding of a public assembly or the issuance of the permit. The applicant for a public assembly permit and any other person on whose behalf the application for a public assembly permit is made shall deliver to the county administrator or the manager of the parks and recreation division, whichever is applicable, not later than three (3) business days before the date of the public assembly, an indemnification agreement consistent with the terms of this section.

(b)

(1)

The applicant for a public assembly permit shall deliver to the county administrator or the manager of the parks and recreation division, whichever is applicable, not later than the three (3) business days before the date of the public assembly, certificates of insurance for coverages and amounts which shall be determined by the risk management division. The risk management division shall determine the coverages and amounts based upon an objective risk assessment, and shall keep a uniform schedule of insurance guidelines for particular types of public assemblies.

(2)

An insurer holding a current certificate of authority pursuant to chapter 624, Florida Statutes, shall underwrite the insurance. Such insurance shall be endorsed to provide for a waiver of underwriter's rights of subrogation in favor of the county. The certificates shall provide that no material alteration or cancellation, including expiration and non-renewal, shall be effective until fifteen (15) days after receipt of written notice by the risk management division.

(3)

All coverages shall be provided on an occurrence form. In the event that coverage is only available on a claims made form, the insured shall agree to maintain extended reporting coverage for a minimum of two (2) years past the expiration of the annual policy term.

(4)

Notwithstanding anything to the contrary, the liabilities of the applicant for obtaining and maintaining the coverage(s) required under this section shall survive and not be terminated, reduced or otherwise limited by any expiration or termination of particular policies for insurance coverage.

(5)

Federal, state and municipal agencies eligible for sovereign immunity may submit a statement of self-insurance and liability as allowed by an applicable federal or state statute. Such a statement shall be accepted in place of the insurance requirements of this section.

(Ord. No. 2004, § 2, 5-18-04)