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Item 12 - Special Events Insurance l - AGENDA REPORT CITY OF POW A Y This report is included on the Consent Calendar. There will be no separate discussion of the report prior to approval by the City Council unless members of the Council, staff or public request it to be removed from the Consent Calendar and discussed s.eparately. If you wish to have this report pulled for discussion, please fill out a slip indicating the report number and give it to the City Clerk prior to the beginning of the City Council rryeeting. TO: Honorable Mayor and Members of the City Council James L. Bowersox, City Man~ Peggy stewart, Dir. of Administrative Servi~~ Robert Thomas, Dir. of Community services '-N'r Douglas Milton, General services Manage~- March 2, 1992 FROM: INITIATED BY: DATE: SUBJECT: Soecial Events Insurance (SEIl ABSTRACT: When the city of poway permits the use of City facilities for special events by outside groups and organizations, the City is exposed to liability for claims arising from those events, unless the city has effectively transferred risk through confirmation of adequate liability insurance (at least $1,000,000) by the user. General liability insurance coverage will transfer any risk associated with the event to the user. Special Event Liability insurance in an amount of $1,000,000 is available through the city and enables groups reserving City facilities who have little or no insurance to be protected along with the city at a very reasonable premium to the user. (See Exh. A) This program is administered by the Robert F. Driver Company and is sanctioned by the Southern California Joint Powers Insurance Authority. BACKGROUND: In the past, insurance was not required of most groups using City facilities. In the event of an injury the City was vulnerable to claims and lawsuits. Although waivers and hold harmless agreements were signed by the users, this is not considered sufficient protection for.the city. Therefore the City has obtained coverage for those groups at a reasonable cost through a Special Event Liability Insurance Program. The cost of the policy available to users of City facilities is determined as follows: ACTION: I of 14 1) Determine the risk classification of the event. 2) Determine the number of people taking part in the event. 3) Determine how many days the event will be held. Listed below are the conditions to be met for a group to be exempt from the City insurance requirements: a. Normal Family Use b. Groups of any size participating in a sedentary event such as meetings needlepoint classes and seminars. Listed below are conditions under which a group is required to provide insurance: a. Any group of fifty or more persons involved in other than a sedentary activity. b. An event of any size at which alcoholic beverages are sold. c. Any event that by its very nature is a risk to the City. Example: A family wishes to use the Community Park Auditorium for a wedding reception. The attendance will be between 60 and 100 people and no alcohol will be served. The reception is a Class I event (see Exh. B) with no more than 100 people in attendance. (see Exh. A) The cost for this coverage is: Premium Processing $35.00 10.00 45.00 Exhibit "A" shows the amount of coverage that is provided for $45.00. If alcohol was to be used at this event an additional charge of $50.00 would be levied. It is also a requirement that all events that sell, use or serve alcoholic beverages be insured. MAR 2 1993 ITEM 12 2 of 14 PUBLIC CORRESPONDENCE AND NOTIFICATION: Park and Recreation Commitee FISCAL IMPACT: Program is funded by user premiums. FINDINGS: By transferring risk to the users of reserved City facilities, the city is protected from possible claims and lawsuits for damages directly connected to the event. Since the cost of a million dollars worth of liability insurance from the usual sources would be prohibitive for many groups and organiza- tions, the SEI program effectively accomplishes the transfer of risk at a reasonable cost to the user. RECOMMENDATION: It is recommended that the City Council approve the SEI program as written. JLB:PS:RT:DM:dm attachments MAR 2 1993 rrEM 12 3 of 14 SPECIAL EVENT LIABILITY INSURANCE PROCEDURE MANUAL 4 of 14 MAR 2 1993 .T::;:~ 12 SPECIAL EVENT LIABILITY INSURANCE PROGRAM This program is administered by the Robert F. Driver Company and operates under the auspices of the Southern California Joint Powers Insurance Authority. This tenant/user Special Event Liability Insurance Program provides protection for both the City and sponsor ,of an event using a City owned facility. It insures the user for the consequences of a negligent act and also protects the City if the city is named on a claim. The program also has the following advantages: (1) The user is relieved of the need and difficulties of finding acceptable insurance and of providing a certificate of Insurance. (2) It eliminates the need for the city to require a Certificate of Insurance from the user and the "last minute dash" by the user to find certificates in order to book a city owned facility. (3) It gives the City direct knowledge of and involvement with the insurance, its terms, conditions, limitations and the financial stability of the insurer, without depending upon the user to find acceptable insurance. (4) It serves as a promotional/sales tool for the City to attract more users and increasing revenues to the City by having insurance readily available at reasonable rates. Keep in mind that the main object of special event liability insurance is to transfer the risk of injury to persons using city facilities on a short term basis. Other than a small amount of time, there is no cost to the city for this program, as each user pays the premium to the City before the event. At the end of each month the City sends monies received for premiums to the Robert F. Driver Company. 5 of 14 MAR 2 1993 ITEM 12 SPECIAL EVENT LIABILITY PROGRAM OUTLINE INSURANCE COMPANY: American Casualty Company BEST'S GUIDE RATING: A+, Superior; Class XV, Policyholders' Surplus of $2,000,000,000 or more CALIFORNIA STATUS: Admitted LIMITS: $1,000,000 General Aggregate Limit* $1,000,000 Products/Completed Operations Aggregate Limit $1,000,000 Personal Advertising Injury $1,000,000 Each Occurance Limit $ 50,000 Fire Damage Legal Limit $ 5,000 Medical Expense Limit, except on Athletic Participants *General Aggregate applies separately to each event COVERAGE: Combined single of Liability for Bodily Injury and Property Damage per Occurrence and Annual Aggregate as shown above. Coverage includes: -Lessees as Named Insured -City as Additional Insured -Premises & Products/Completed operations -Personal & Advertising Injury -Liquor Legal Liability -Fire Damage Legal Liability -Athletic Participants -Medical Expense, except on Athletic Participants Tenent/User Liability Insurance while activities. using City owned or operated facilities for special events or short term activities. 6 of 14 EXIllBIT "A" MAR 2 1993 ITEM 12 TO IMPLEMENT COVERAGE 1. Secure appropriate details of the event from the lessee which will allow you to... 2. Classify the event in accordance with the schedule of Hazard/ Classifications and... 3. Based upon number of days of the event, attendance, and event classification, calculate the event premium using the rate schedule, including the processing fee. 4. Collect the premium from the lessee. Checks must be made payable to the city and deposited appropriately. 5. Issue a certificate of Insurance to the lessee as evidence of coverage, keeping one copy for your records and one copy for the monthly report. 7 of 14 EXIllBIT "A" MAR 2 1993 ITEM 12 LESSEE'S RATING SCHEDULE Premiums: per day Processing Class Attendance Premium Fee I 1-100. . . . . . . . . . . . . . . . $ 35. $10. 101-500. . . . . . . . . . . . . . . . 50. 10. 501-1,500.............. 95. 10. 1,501-3,000............... 125. 10. 3,001-5,000.............. 195. 10. 5,001-10,000............. 275. 10. 10,001 plus.............. . TBD II 1-100. . . . . . . . . . . . . . . . $ 70. 10. 101-500. . . . . . . . . . . . . . . . 85. 10. 501-1,500.............. 125. 10. 1,501-3,000.............. 185. 10. 3,001-5,000.............. 285. 10. 5,001-10,000............. 375. 10. 10,001 Plus TBD III 1-100. . . . . . . . . . . . . . . . $ 105. 10. 101-500. . . . . . . . . . . . . . . . 135. 10. 501-1,500. . . . . . . . . . . . . . 250. 10. 1,501-3,000.............. 340. 10. 3,001-5,000.............. 430. 10. 5,001-10,000............. 575. 10. 10,001 plus.............. . TBD Additional Charges: CONCESSIONAIRE RATE ENDORSEMENT Premium Exhibitors - No Sales.....................$35. Concessionaires - Non-Food Sales.......... 65. concessionaires - Food Sales.............. 60. Liquor Liability.......................... 50. AN ADDED CHARGE OF $50.00 IS REOUIRED FOR ALL EVENTS USING OR SERVING ALCOHOLIC BEVERAGES. 8 of 14 EXIllBIT "A" MAR 2 1993 ITEM 12 LESSEE'S RATING SCHEDULE (continued) Imoortant Information: Liquor Liability: If liquor, beer or wine is available for consumption, liquor liability premiums are to charged. Multiple Day Event: Days used exclusively to set up or take down are to be reported on the monthly report as "set up" or "take down" day. Include the "set up" and/or "take down" day as insured days on the coverage certficate. Multiple Day Event Rules: (1) Total the attendance for all days of the event. Refer to rates and charge the premium corresponding to the total attendance. (2) Alcoholic beverage preiums are to be calculated separately for each day. EXHIBIT "A" 9 of 14 MAR 2 1993 ITEM 12 TO COMPLETE CERTIFICATE OF INSURANCE (1) Include the city of poway as additional insured by typing name on the certificate of insurance. (2) If vendors, exhibitors or concessionaires are to be included as additional insured, attach a separate page listing the name, mailing address, phone number and contact person of all vendors, exhibitors and concessionaires at the event. (3) -Give the original copy of the certificate to the event holder. -Send one copy to the Robert F. Driver Company with the mon- thly report and a check for the full premium amount. -Keep one copy with the application. -Keep one copy with the monthly report form. (4) If an event is cancelled request the original certificate from the event holder and mail it to the Robert F. Driver company with the monthly report. Indicate on the certificate and Monthly Report that the event was cancelled. EXIllBIT "A" MAR 2 1993 ITEM 12 10 of 14 TO REPORT EVENTS AND TO REMIT PREMIUMS 1. Forward to Robert F. Driver at month end, the Tenant Users Monthly Reporting Form showing the events insured and their premiums. 2. Attach to the report, a copy of certificates of Insurance which have been issued to the lessees. 3. Include payment to Robert F. Driver in an amount equal to the total premiums for the month being reported. 4. Report with premium must be received by the 15th of the month. 11 of 14 EXIllBIT "A" MAR 2 1993 ITEM 12 AON ENTERTA/l JENT, LTD. INSURANCE SERVICES $0"'" 1.5.. CERTIFICATE OF INSURANCE SPECIAL EVENT LIABILITY PROGRAM PRODUCER: PUBLIC ENTITY (ADDITIONAL INSURED): Members of So. Calif. Joint Powers ROBERT F. DRIVER Insurance Authority/City of poway 3636 BIRCH STREET P.o. Box 789 NEWPORT BEACH. CA 9266~ poway, Ca. 92074 (714) 756-0271 NAMED INSURED (EVENT HOLDER): EVENT INFORMATION: TYPE: DATE(S): LOCATION: This is 10 certify that the policies of insurance listed below have been issued 10 the insured -named above lor the policy period indicated, Nothwithstanding any reQuiremenls, term or condition 01 any conlracl or other documenl with respecl-Io which this certificate may be issued or may pertain, Ihe insurance afforded by the policies described herein is subject 10 all the terms. exclusions and conditions 01 such policies. INSURANCE CARRIER: AMERICAN CASUALTY COMPANY OF READING. PA MASTER POLICY NUMBER: G S00547599 MASTER POLICY OATES: EFFECTIVE: 04101/91 EXPIRATION: 04101/92 COMMERCIAL GENERAL LIASILITY General Aggregate Limit $ 1,000,000 Occurrence Form Products & Compleled Operations $ 1,000,000 Personal & Advertising Injury S 1.000,000 Each Occurrence Limit $ 1.000,000 Fire Damage (Any One Fire) S 50.000 Medical Payments (Any One Person) $ 5,000 $ Coverage is ptimary and not contributing 'lirith any insurance maintained by an additional insured. The limits of insurance apply separately 10 each event insured by this pohcy as il a separale policy 01 insurance has been issued lor Ihat evenl, -'Nho is insured- is amended to include. as an insured. the person Of organizalion shown in this schedule. t>ut.only with respecllO liabditlY arising out of the ownership. maintenance or y$8 Or the premises used by U"',e named insured (event holder), This insurance does not apply to: Any .occurrence. which lakes place after the event holder ceases to be a tenant in that premises. OTHER ADDITIONAL INSUREDS CANCEL LA nON: ShOuld the above desc,i~ed policy be cancelled before the expiration dale thereof, the issuing company "oil maol 30 days '...'inen notice to the cM,ficate holder and additional insureds listed. - - AUTHORIZED REPRESENTATIVE: DATE ISSUED: r. ~I Z; ~ '14~~ EXHIBIT A MAR 2 1993 12 of 14 If EM 12 C-'~~ 'E"l ' O!!l ~Cjg n I>> n- o :; 9 n '00 n.... fla' C.i;l o ::I g 9 '0 n - _. ::I 13 of 14 'I - if I i - jf ill In IIi - - III p: ~ ~I - if 0 >Cl ~, .... B "" I Q 0 0 c ,.,C'tl . .... ~. U'I 0 (') I n ... I: Q> \D ~ -.J Q> .... ::. "" .... ..... \D . \D n\D c... ..., Q> 'tl C/l c:: .... Q> > r-. ~"1:l,:$"1:ln z n 0 ~ 0 -, '0 ~ C ~-< I>> ~~ ;~ 3 n "1:l~~Z Co n .., n 0 - :!. o. n. ii: o c. 0 c c. . (l Co d ~ -::3z....,~ _~n ~ 0 "" Q' '-" a- n _,0 t:::'::1 ~... -. ~-...,~ 9' t::1 g. . ~~~~ __ n. -. ~::r" < - tI'l n ~p~ -at1~ N 0"0 ~ ~ MAR 2 1993 I~M '< 12 EXH1 BIT A . SCHEDULE OF HAZARDS CLASS I CLASS II CLASS III - LOW/MINMUM RISK MEDIUM/AVE. RISK MODERATE/HIGH RISK CLASS I 'Concerts - indoors (under 1500) Dance Shows - (Professional) Legitimate Theatre - Professional) Scouting Jamborees (Camping Included) CLASS II Food Concessions Horse Shows Marathons (Walking, Running) Parades (Other Than City Sponsored - under 500) Competitions (Gymnastics, swimming) CLASS III Rodeos Firework exhibitions Parades (other Than City Sponsored - Over 500) Sports Leagues (Baseball, Basketball, Football, Soccer) Bicycle Rallies Carnivals Concerts (Under 5000) Competitions (Karate, Gymnastics) Any Event with Alcohol Involved EXlllBIT "B" MAR 2 1993 ITEM 12 14 of 14