Special Events Planning By Richard Buttenshaw Two Separate

Special Events Planning By Richard Buttenshaw

Two Separate Sections 1. Insurance and coverage Issues – How insurance policies can affect you 2. Logistics and actual event planning – Details of planning for a specific event Might not matter what you do in Part 2, if you have Part 1 wrong!

Insurance & Coverage Issues • Contracts – Ask AMIC and your attorney to review before signing • Liability insurance – Basic concept of the policy – Exclusions or issues for special events: • • • Fireworks Auto Racing & Air Shows Carnival Rides Alcohol Equestrian Events

Insurance & Coverage Issues • Fireworks – Excluded – defense only – Contract out to licensed pyrotechnic company • Check their liability insurance • Add city as an additional insured on their policy • Auto Racing & Air Shows – Excluded – defense only – Need “Special Events” Policy • Carnival Rides – Excluded – defense only

Insurance & Coverage Issues • Alcohol – “Open Bar” versus “Cash Bar” • “Host Liquor” coverage included – Dram Shop laws and liquor license – Additional Liquor Liability Policy needed • Equestrian Events – Potential “Recreational Immunity” issue – Required signage • See handout – Ala Code Section 6 -5 -337

Use of Police Officers • “On Duty” versus “Off Duty” – Ala Code: Section (b) and (c) of 6 -5 -338 – See handout • Liability Insurance – Employer required to provide $100, 00 coverage – Who provides who with defense in law suit? • Workers Comp Insurance – Off Duty generally means no WC coverage

TULIP Programs • Renting out of Municipal Facilities – Weddings, family get together, reunions etc – Not directly operated by the City but you own the facility – Who has coverage for what? • Tenant User Liability Insurance Programs (TULIP) – Example story (see handout) – Who has coverage for what? • How to set up a TULIP program – AMIC direct account • Call your AMIC Sales Rep – Agent account • Call your agent first

TULIP Programs • Tenant user related lawsuits are REAL and the public entity will definitely be sued along with the tenant user in the event of a serious loss: • Recent jury awards (from NLC): – $300, 000 for a broken chair incident – $900, 000 for a grandstand collapse – $1, 300, 000 for a victim assaulted in a parking lot • TULIP Cost Examples: – Types of events covered – Sample prices – see handout

Logistics & Event Planning • The Activity & Exposure of Participants – Low, medium or high risk – History of similar events • Size – Crowd control, Traffic Control and Parking – Food, drink, sanitation and restrooms adequate – ADA requirements • Transfer of Liability – Additional Insured on Third Party Policy – Use of Hold Harmless Agreement – see next slide – Get a sponsor (with insurance) for the event

Example Hold Harmless Agreement “_______ hereby agrees to protect, indemnify, defend and save the Alabama League of Municipalities, its officers, directors, employees and agents from and against any and all claims, demands, actions, damages, loss, cost liabilities, expenses and judgments arising out of or occurring in connection with any act, omission, negligence or misconduct of ____ or any of its agents, servants, employees, contractors, patrons, guests, licensees or invitees. ” Disclaimer: consult your attorney to review and modify as needed

Logistics & Event Planning • Emergency Planning – Fire and EMS access – Accident and injury procedure • Who should be consulted? – – – Police Chief Fire Chief Public Works Parks and Recreation Department Electric Department • Cleanup Plans – Third party or facility owner?

Logistics & Event Planning • Potential Fire Issues – – Occupancy numbers Temporary structures Cooking facilities, open flame, fuels Electrical wiring (especially additional outlets added temporarily) • Use of Volunteers – – Driving history Background checks (especially if children involved) Orientation and training Sign Hold Harmless Agreement

For even small venues Have a detailed signed agreement: – – – – – Prices Deposits Cancellation / Refunds Capacity Alcohol Food / Catering Security Damages Parking – – – – Smoking Noise levels Obnoxious behavior What’s supplied Curfew Fires Clean up Insurance (TULIP)

Resources • “Municipal Facilities & Special Events” • By Alabama League of Municipalities • “Special Events Planning Guide” • By Kentucky League of Cities

This was not my goal: It’s all in the planning!

Questions? Thank You.