Appendix A

INSURANCE.  Applicant shall obtain for itself, its agents, successors, assigns, lessees and licensees, Workers' Compensation Insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of the work under this Community Event Permit and Employers' Liability Insurance with minimum limits of Five Hundred Thousand Dollars ($500,000) each accident, Five Hundred Thousand Dollars ($500,000) disease‑policy limit, and Five Hundred Thousand Dollars ($500,000) disease‑each employee.  Evidence of qualified self-insured status may be substituted for the workers' compensation requirements of this Paragraph.

Commercial General Liability Insurance to be written with a limit of liability of not less than One Million Dollars ($1,000,000) for all damages arising out of bodily injury, personal injury (including coverage for employee and contractual acts), including death, at any time resulting therefrom, arising out of any one occurrence, and not less than Two Million Dollars ($2,000,000) general aggregate for all damages arising out of bodily injury, including death, at any time resulting therefrom, during the policy period.  This policy shall also include coverage for blanket contractual and independent contractor risks.  

The limits of Commercial General Liability Insurance for broad-form property damage (including products and completed operations) shall be not less than One Million Dollars ($1,000,000) for all damages arising out of injury to or destruction of property in any one occurrence, and not less than Two Million Dollars ($2,000,000) for all damages arising out of injury to or destruction of property, including the Town's property, during the policy period.  The policy shall contain a severability of interests provision. 

Liquor Liability Insurance to be written with a limit of liability of not less than One Million Dollars ($1,000,000 Common Cause Limit) and not less than One Million Dollars ($1,000,000 Aggregate) for all damages arising out of injury including bodily injury and property damage, including damages for care, loss of services or loss of support as a result of the selling, serving or furnishing of any alcoholic beverages.

The Commercial General Liability Insurance policy required above shall be endorsed to include the Town, its officers, employees and consultants as additional insureds.  Every policy required above shall be primary insurance, with the exception of Workers' Compensation, and any insurance carried by the Town, its officers, its employees or its consultants shall be excess and not contributory insurance to that provided by the Applicant.  No additional insured endorsement to the required Commercial General Liability Insurance policy above shall contain any exclusion for bodily injury or property damage arising from completed operations.  The Applicant shall be solely responsible for any deductible losses under any policy required above.

Neither Applicant nor its agents, successors, assigns, lessees and licensees shall occupy the Licensed Property, until it has obtained all insurance required under this section and shall have filed a certificate of insurance or a certified copy of the insurance policy with the Town.  The certificate of insurance must be on file with the Town thirty (30) days prior to the event.  Each insurance policy shall list the Town as an additional named insured. 

The certificate of insurance provided by the Applicant shall be completed by the Applicant's insurance agent as evidence that policies providing the required coverages, conditions and minimum limits are in full force and effect, and shall be reviewed and approved by the Town prior to commencement of the Community Event Permit.  No other form of certificate shall be used.  The certificate shall identify this Community Event Permit and the coverages afforded under the policies.  The completed certificate of insurance shall be sent to:

Town of Parker
Attn:  Risk Manager
20120 E. Mainstreet
Parker, Colorado  80138 

It is the affirmative obligation of the Applicant to notify the Town's Risk Manager, as provided in this Community Event Permit, including faxing or e-mailing (sbedard@parkeronline.org) a copy of the notice to the Risk Manager, within two (2) business days of the cancellation or substantive change to any insurance policy required under this Community Event Permit, and failure to do so shall constitute a breach of this Community Event Permit.

Failure on the part of the Applicant to procure or maintain policies providing the required coverages, conditions and minimum limits shall constitute a material breach of contract upon which the Town may immediately terminate this Community Event Permit or, at its discretion, the Town may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the Town shall be repaid by Applicant to the Town upon demand, or the Town may offset the cost of the premiums against any monies due to Applicant from the Town.

The Town reserves the right to request and receive a certified copy of any policy and any endorsement thereto.

The parties hereto understand and agree that the Town, its officers and employees, are relying on and do not waive or intend to waive by any provision of this Community Event Permit the monetary limitations (presently Three Hundred Fifty Thousand Dollars ($350,000) per person, and Nine Hundred Ninety Thousand Dollars ($990,000) per occurrence), which amounts shall be adjusted by an amount reflecting the percentage change over a four-year period in the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index for Denver-Boulder-Greeley, All Items, All Urban Consumers, or its successor index, or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as from time to time amended, or otherwise available to the Town, its officers or employees.