RESOLUTION 2005-11
(Adopting a new Special Events Insurance Requirements and Procedures Policy)
WHEREAS, Skamania County sponsors various events that include independent vendors; and
WHEREAS, Skamania County rents or allows usage various County facilities to other governmental agencies, non-profit entities, for-profit entities, and individuals; and
WHEREAS, Skamania County Board of Commissioners is responsible for all County facilities per RCW 36.32; and
WHEREAS, Skamania County desires to limit its liability for the actions of independent vendors, users, and renters of County facilities by establishing special events insurance policies and procedures; and
WHEREAS, the Board finds that it is in the best interest of Skamania County, vendors, users, and renter to adopt an updated Special Events Requirements and Procedures Policy that sets forth standard requirements, procedures and regulations;
NOW, THEREFORE, BE IT RESOLVED that any and all previous policies and procedures for Special Events Liability Insurance are hereby repealed; and
BE IT FURTHER RESOLVED that the Board of Commissioners hereby adopts the attached Special Liability Insurance Requirements and Procedures Policy, “Attachment A ” consisting of nine (9) pages.
PASSED IN REGULAR SESSION this 4th day of April, 2005.
SKAMANIA COUNTY POLICIES AND PROCEDURES |
Number: Subject: Special Events Liability Insurance Requirements and Procedures Events Approval Document: Resolution No. 2005-11 Scope of Policy: All County employees, department heads and elected Officials and vendors, users, renters of County facilities Information Contact: Administrative Services Director/Risk Manager Effective Date: March 31, 2005 Approved by: _______________________________________ Chairman, Board of Commissioners |
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1.1 Purpose
Skamania County allows some of its facilities to be used by a variety of government agencies, organizations and individuals under specific use guidelines. While the County encourages the use of the facilities, it also desires to limit its liability for non-county activities and entities. These liability insurance requirements are instituted to protect the County, the Washington Counties Risk Pool, and the Skamania County Fair Board (in its capacity as Skamania County’s exclusive agent to operate and manage the Skamania County Fair) from liability resulting from the use of facilities by entities, groups and individuals for certain types of events.
Since the degree of hazard or exposure varies by event, different limits and requirements have been set in this policy as minimum acceptable amounts of insurance. This minimum level of insurance serves as a protective buffer between the group’s own liability and any residual potential liability of the County as a result of that group’s activities.
1.2 Definitions
Applicant – individual, organization, agency or vendor not part of Skamania County government.
Proof of Liability Insurance –
1) A certificate of insurance issued by a company licensed to sell general liability insurance in the state of Washington that meets the minimum limits for
2) liability as required by this policy, and names “Skamania County, its elected officials, employees, volunteers and agents” as additional insureds.
3) When liquor in any quantity is being consumed, provided, or sold at a special event, a certificate of insurance issued by a company licensed to sell liquor liability insurance in the state of Washington that meets the minimum limits for liability as required by this policy, and the names “Skamania County, its elected officials, employees, volunteers and agents” as additional insureds.
4) If the insurance is not purchased through the Special Events Liability Insurance Program, a copy of the liability insurance policy and any endorsements.
Special Events Liability Insurance Program – a liability insurance program for special events offered by a private insurance company in cooperation with the Washington Counties Risk Pool.
Vendor – person(s), entity or business providing selling, distributing merchandise, or on-premise services, or information. Individuals or organizations that display information or items of general interest and register as a fair exhibitor are not considered vendors.
Waiver – a statement signed by the applicant or designated agent of the applicant assuming liability for actions arising out of non-county government events and indemnifying “Skamania County, its elected officials, employees, volunteers and agents”. Skamania County shall have the full responsibility to determine the content of said waiver.
1.3 County Coverage
Skamania County participates in the Washington Counties Risk Pool for liability coverage. The Risk Pool’s Joint Self-insurance Liability Policy covers liability of county officials, employees, agents, and volunteers, but does not cover fair vendors or facility users. The Risk Pool policy also excludes coverage arising from specific activities including, but not limited to, fireworks, horse racing, carnival or mechanical amusement devices, rodeos and automobile racing facilities.
1.4 General Requirements for Liability Insurance for all non-Skamania County government users of Skamania County Facilities.
A. Where required, applicant must provide the proof of insurance to the county 10 days prior to the event. Insurance may be purchased through the Special Events Liability Program to meet this requirement.
B. The insurance provided by the Applicant must meet the minimum limits of liability insurance set forth in Appendix A of this document.
C. Applicant must provide liquor liability insurance in the amount of $1 million for any special event in which any amount of liquor is consumed, provided, or sold.
D. County shall have the authority to determine if insurance submitted by the applicant provides adequate coverage for the event.
E. Applicant must provide to the Skamania County Risk Manager at least 10 days written notice of policy cancellation for any certificate or policy provided to the County to meet the applicant’s liability insurance requirements.
F. Failure to provide County with the required documents in a timely manner may result in County either requiring the applicant to purchase insurance through the Special Events Insurance Program or County prohibiting the applicant from using County facility (ies) for the event.
G. As specified in this policy, insurance may be required to be purchased through the Special Events Insurance Program. When County requires applicants to purchase liability insurance through the special events liability insurance program, the certificate of insurance will name “Skamania County, its elected officials, employees, volunteers and agents” as additional insureds.
H. If applicant does not purchase liability insurance through the Special Events Liability Program, a fee of $30.00 shall be charged to the applicant to review the proof of insurance and insurance policy to ensure adequate insurance coverage is in place.
1.5 Liability Insurance Requirements for Skamania County Fair
A. Skamania County Fair Board, a non-profit corporation, serves as Skamania County’s exclusive agent for the operation and management of the Skamania County Fair. As provided in contract between the County and the Fair Board, the County provides personnel and a substantial portion of the funding to operate the Fair. Because of this relationship, as defined in RCW 36.37.040, the activities of the Skamania County Fair Board related to the fair are covered under the Risk Pool Self-Insurance Liability Policy.
B. Fair Vendors are not covered under the Risk Pool Policy. In addition to the general insurance requirements in section 1.4, the following insurance requirements shall be followed by vendors based upon which risk class they fall:
Class I: Non- commercial vendors solely providing public information must either provide proof of insurance for the event or sign a waiver of county liability for the event.
Class II: Vendors, except higher-risk vendors assigned to Class III, selling, providing or distributing food, merchandise, or on-premises services shall provide a proof of liability insurance for at least the minimum limit amounts set forth in Appendix A.
Class III: The County Risk Manager or designee shall determine which vendors are included in Class III. High-risk vendors (such as carnivals, mechanical devises) shall provide proof of liability insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Copies of the policy shall be provided to the County at least 14 days prior to the event. Failure to provide copies of the policy may result in cancellation of the contract with the Skamania County fair at no financial penalty to the County.
Excluded Vendors: The County Risk Manager or designee, in consultation with the Fair Board and Fair Manager, may exclude vendors from the fair if the potential liability to the County of that vendor is determined to exceed acceptable limits and, therefore, deny the use of County facilities by that vendor.
1.6 County-Sponsored Events Liability Insurance Requirements.
A. As sponsors of an event, County has liability insurance through the Risk Pool Policy, except for activities exempted by Risk Pool policy.
1. Vendors at County-sponsored events are not covered by the Risk Pool Policy. In addition to the general insurance requirements in section 1.4, the following policy will be followed for any vendors at County-sponsored events based into which risk class they fall:
Class I: Non- commercial vendors solely providing public information must either provide proof of insurance for the event or sign a waiver of county liability for the event.
Class II: Vendors, except higher-risk vendors assigned to Class III, selling, providing or distributing food, merchandise, or on-premises services shall provide a proof of liability insurance for at least the minimum limit amounts set forth in Appendix A.
Class III: The County Risk Manager or designee shall determine which vendors are included in Class III. High-risk vendors (such as carnivals, mechanical devices) shall provide proof of liability insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Copies of the policy shall be provided to the County at least 14 days prior to the event. Failure to provide copies of the policy may result in cancellation of the contract with Skamania County at no financial penalty to the County.
Excluded Vendors: The County Risk Manager or designee, in consultation with the Community Events and Recreation Director or other department head or elected official managing the event, may exclude vendors from the fair if the potential liability to the County of that vendor is determined to exceed acceptable limits and deny the use of County facilities by that vendor.
1.7 Non-county sponsored events
A. Non-County sponsors of events (including events other than the Skamania County Fair that are sponsored by the Skamania County Fair Board) and any vendors at the events have no liability coverage under the Risk Pool Policy.
B. County Risk Manager or designee has the right to determine that the potential risk from the activity or event proposed by an applicant may exceed acceptable limits and deny the use of County facilities by the applicant for that activity or event.
B. The following policy will be followed for any applicants at County-sponsored events based into which risk class they fall:
Class A: Applicants for the following types of activities must either provide proof of liability insurance for the event or sign a waiver of county liability for the event.
Event sponsors of the following types of activities shall be required to sign a waiver indemnifying “Skamania County, its public officials, agents, employees and volunteers.” If any alcohol is served or consumed at the event, the event is excluded from Class A. These event sponsors shall be informed of the special events insurance program and given the option to purchase event insurance at their cost.
§ Public agency sponsored uses
§ Public school or school district uses
§ Meetings and bingo games of non-profit organizations provided the meeting includes no food sales (except prepackaged food), dances, or other physical activities.
§ Use by private parties for small gatherings up to 125 people (including weddings and funerals).
§ Youth activities, excluding organized sport activities, dances and other physical activities.
§ Non-commercial seminars
Class B: The event sponsor for the following types of activities shall be required to provide proof of insurance and a copy of the insurance policy for the event that meets the minimum limits at least two weeks prior to the event. The minimum limits for the insurance shall be Failure to provide the required proof of insurance and copy of the policy in a timely manner may result in County requiring the vendor to purchase insurance through the special events insurance program or cancellation of the uses of County facilities for the event.
Aerobic classes | Instructional Classes (non-mechanical) |
Animal Acts/Shows | Jam & Jazz Sessions |
Animal Training (on leash) | Job Fairs |
Antique shows | Junior Athletic Games |
Arcades | Lectures |
Art Festivals and shows | Legitimate Theater |
Auctions | Livestock Shows |
Auto shows | Luncheons |
Award Presentations | Marathons |
Ballets | Meetings |
Banquets | Mobile Home Shows |
Baseball or softball | Motion picture theaters |
Basketball | Musicals |
Bazaars | Night Club Shows |
Bicycle Rallies | Operas |
Bingo games | Organized sight-seeing tours |
Block Parties/Street Closures | Overnight Group Camping |
Boat shows | Pageants |
Business meetings | Parades |
Business shows | Parties |
Charity Benefits, Auctions and Sales | Picnics |
Carnivals (no rides) | Political Rallies |
Cinemas | Proms |
Civic Clubs and Group meeting (exceeding 125 persons) | Religious Assemblies |
Community Fairs | Reunions |
Concerts (excluding mosh pits, rap or heavy metal music, performances exceeding 6 hours duration) | Rummage Sales |
Consumer shows | Running Race |
Conventions (in buildings) | RV Shows |
Craft shows | Scouting Jamborees |
Dance shows | Seminars |
Dances and Parties | |
Dinner Theaters | Sidewalk Sales |
Dog Shows | Ski Events |
Drill Team Exhibitions | Soap Box Derby |
Educational Exhibitions | Social Gatherings (indoor) |
Electronics Conventions | Social Receptions |
Equestrian Events | Speaking Engagements |
Ethnic Celebrations | Sports Camps |
Exhibitions | Sporting Events in Buildings |
Expositions in buildings | Street Fairs |
Farmers Market | Swap Meets |
Fashion shows | Teleconferences |
Film productions (non-action) | Telethons |
Flea Markets | Tennis, Handball & Racquetball |
Flower shows | Theatrical Stage Performances |
Garden shows | Trade Shows |
Graduations | Vacation Shows |
Gymnastics | Volleyball |
Horse shows | Walk-a-Thon |
Hotel shows | Weddings and Receptions |
Ice Skating shows | Zoos |
Class C: Vendors non-County sponsored events are not covered by the Risk Pool Policy and may not be covered by the applicant’s liability insurance. If approved by the insurance company and authorized by the applicant, vendors may be added to an event sponsor’s insurance as additional insured rather than submitting separate policies. The following policy will be followed for any vendors at non-County-sponsored events in which the applicant’s insurance does not cover vendors based upon which risk class they fall:
Class I: Non- commercial vendors solely providing public information shall either provide proof of insurance for the event or sign a waiver of county liability for the event.
Class II: Vendors, except high-risk vendors assigned to Class III, selling, providing or distributing food, merchandise, or services shall provide proof of insurance for at least the minimum limit amounts set forth in Appendix A. Vendors must supply a copy of their liability policy to the County.
Class III: High-risk vendors such as carnivals, mechanical devices, shall provide proof of liability insurance in the amount of $1,000,000 per occurrence and $ 2,000,000 general aggregate. Copies of the policy shall be provided to the County at least 14 days prior to the event. Failure to provide copies of the policy may result in cancellation of the contract with the Skamania County fair at no financial penalty to the County.
Excluded Vendors: The County Risk Manager or designee, in consultation with the Community Events and Recreation Director or other department head or elected official managing the event, may exclude vendors from the fair if the potential liability to the County of that vendor is determined to exceed acceptable limits and, therefore, deny the use of County facilities by that vendor.
C. High Risk Hazards and Activities. The following special events must be approved by County Risk Manager and, if permitted, must meet insurance coverage and limits required by County Risk Manager:
Aircraft | Kayaking or Canoeing in greater than Class 3 rapids |
All Terrain Boarding | Mechanical Amusement Rides or Services |
Balloon Rides | Motorized Sporting Equipment |
Base Jumping | Mosh Pits |
Bouldering | Mountain Biking |
Boxing, Wrestling, Hockey or contract Karate or martial arts events | Power Boat Racing |
Bungee Jumping | Professional Sporting Activity, Games, Races, Contests of a professional |
Circuses | Pyrotechnics and Explosives |
Carnival Rides | Rap or Heavy Metal Concerts |
Concert or Dance with Mosh Pit | Rock Climbing |
Concert with performances exceeding 6 hours | Rodeo and/or Roping Events (including practice) |
Contact sports |