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Council delays Music in the Park permit while city and organizers resolve insurance and indemnity issues
Summary
The city granted a postponement to Friends of the Park's request for three fall concerts after council and staff sought clarification on insurance, indemnity and vendor coverage; council asked staff and organizers to return with cost estimates and legal documents by Aug. 19.
The Bulverde City Council postponed action on a special-event permit for three fall concerts known as Music in the Park so staff and organizers could resolve insurance and indemnity questions.
Friends of the Park and the Mulberry Community Park Association requested three dates—Sept. 13, Oct. 4 and Oct. 25—with an estimated 300 attendees per event and a waiver of some fees. The applicant said the event has been run in partnership with the city for years under a Memorandum of Understanding and that the groups would coordinate police and volunteers for public safety.
Councilmembers expressed concern about liability exposure for the city when large crowds are present, and whether vendors and participants are required to carry insurance and be named as additional insured. "Somebody gets hurt out there when you've got 3,400 people out there... it falls on the city," a councilmember said, noting the potential exposure from a large claim.
Staff and organizers discussed existing practice—vendors typically provide certificates of insurance and the organizer adds them as additional insured—and suggested two paths: (1) conditionally grant the permit contingent on organizers providing required insurance and executed legal documents (indemnities/waivers), or (2) the city procure a rider to its umbrella policy at a cost. Staff estimated riders could cost a few hundred dollars per event, while other large events in the area reported higher premium ranges for multi-thousand-attendee festivals.
Council voted to postpone the permit to Aug. 19 to allow the city and organizers to gather estimates for insurance riders, to consult legal counsel, and to prepare draft indemnification language should the council choose to conditionally approve the permit.
Next steps: staff will research rider costs and insurance options, legal will draft or review indemnity forms, and organizers will be asked to provide vendor insurance documentation or fund an umbrella rider if the council chooses that route.
