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See Section 11TH, When hiring an independent contractor the city should require that the <br /> Independent contractors. <br /> contractor agree in the contract to hold the city harmless and indemnify the <br /> LMC information memo, city for liability arising out of the activity. <br /> Making and Managing City <br /> Contracts,Section IV.A, <br /> Defense and <br /> indemnification. <br /> The contract should also require the contractor to carry appropriate types and <br /> limits of liability coverage, and to name the city as an additional insured on <br /> that insurance policy. Using a contractor to run some of these riskier activities <br /> has another advantage besides solving the liability coverage question. It also <br /> means,hopefully,the city has experienced professionals involved who know <br /> how to run these operations safely. <br /> LMCIT Contract Review <br /> Service. Cities should talk to their city attorney when developing written agreements <br /> Chris Smith,LMCIT Risk and contracts. LMCIT will review defense and indemnification provisions <br /> Management Attomey: <br /> csmith@lmc.org or free of charge in order to help protect the city's interests. <br /> 651.281.1269. <br /> b. Covered parties <br /> For events that are run and sponsored by the city, LMCIT covers not only the <br /> city itself but also the city's officers, employees, and individual volunteers <br /> see Section IILQ,Separate and volunteer organizations acting on behalf of the city. There is also <br /> city boards and coverage for city boards, commission, and committees,but there are some <br /> commissions. exceptions. <br /> See Section III.U, If a volunteer organization like the Lion's Club were to provide volunteer <br /> Volunteers. <br /> assistance to the city in putting on a festival, LMCIT's coverage would cover <br /> both the individuals and the organization for any claims arising out of their <br /> activities as city volunteers. This assumes, of course,that the particular claim <br /> isn't one of the types that are excluded(e.g., a claim arising out of running a <br /> demolition derby). <br /> What can get confusing is determining whether a particular individual <br /> volunteer or volunteer organization is acting on behalf of the city. In many <br /> cases,the organization itself is really the entity that is in charge of putting on <br /> the event. A fairly common approach is to form a nonprofit festival <br /> corporation whose only function is to operate an annual festival. This kind of <br /> organization will obviously rely heavily on volunteers,but these volunteers <br /> would not be acting on behalf of the city. Rather, they would presumably be <br /> acting on behalf of the organization that is actually sponsoring, organizing, <br /> and operating the festival. Since these people are not acting on behalf of the <br /> city, the LMCIT coverage would not provide them any protection. <br /> 105 <br />