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01/11/2010 Attachment II INSURANCE AND INDEMNIFICATION REQUIREMENTS 1. Insurance. Unless expressly exempted from such requirement, Event Permittee shall procure and maintain in full force and effect during the term of the permit a policy of insurance which provides the coverage that the Finance Director determines to be necessary and adequate under the circumstances. a. An Applicant seeking to hold an event that involves expressive activity may elect to apply for an exemption from the insurance requirement, unless there is a specific demonstrable history of personal injury or property damage claims being awarded against the applicant attributable to the applicant's conduct of previous events in the City that are similar in nature to the proposed event. b. Applicant must apply for such exemption at the same time as application for a permit. Applicant may elect to: 1) agree to indemnify, protect, defend and hold harmless the City, the Redevelopment Agency of Redwood City, its officers and employees against all claims, damages, expenses, loss or liability of any kind or nature arising out of, or resulting from, the alleged acts or omissions of permittee, its officers, agents or employees in connection with the permitted event or activity; or 2) agree to redesign or reschedule the permitted event to respond to specific risks, hazards and dangers to public health and safety identified by the City Manager or Finance Director as being reasonably foreseeable consequences of the permitted event. Permitee will obtain and maintain for the duration of the Event, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with the Event by Permittee or Permittee's agents, representatives, employees or subcontracting supply and service companies or organizations. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V." 1.1 Coveraaes and Limits. Permittee will maintain the types of coverages and minimum limits indicated below, unless Finance Director or City Manager, in consultation with the City Attorney approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Permittee's indemnification obligations under this Agreement. The City, the Redevelopment Agency, its officers, agents, volunteers and employees make no representation that the limits of the insurance specified to be carried by Permittee pursuant to this Agreement are adequate to protect Permittee. If Permittee believes that any required insurance coverage is inadequate, Permittee will obtain such additional insurance coverage, as Permittee deems adequate, at Permittee's sole expense. 1.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property Page 19 of21 Admin. Policy for Ord. 2351 Formerly Muff #305