2.4. ERMUSR 05-10-2016 - Laserfiche WebLink

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4. Rental agreements for use of city facilities It is important the city has an application procedure established so they know See Section VIII of the LMC information memo, what type of event will be taking place. If the city has criteria for insurance Park and Recreation Loss requirements, they'll need to know whether the group meets the criteria. The Control Guide,for more specific loss control city also may have restrictions against events that are excluded from the city's recommendations for liability insurance coverage, such as rodeos. Having forms and procedures special events. supports consistent and fair treatment of all groups that apply. LMC information memo, It is common in rental agreements to have indemnification agreements where LMCIT Model Community Center Rental Documents. the organization agrees to"hold the city harmless and defend and indemnify the city against any claims related to its use of the city's facilities."These can be used to reinforce the insurance requirements but also can be used when a city does not require insurance. It is important to note that formal organizations will be able to hold the city harmless for damage to the organization's property but they do not have the ability to waive claims from individual members of their group. The defense and indemnification provision means the organization will handle any third party claims. Organizations that have insurance and assets are going to be able to cover this indemnification agreement. LMCIT Contract Review Service. Cities should talk to their city attorney when developing written agreements Chris Smith,LMCIT Risk and contracts. LMCIT will review defense and indemnification provisions Management Attorney: csmith@lmc.org or free of charge in order to help protect the city's interests. 651.281.1269. U. Volunteers Minn.Stat.§466. City volunteers are protected against tort liability in the same manner as the city's officers and paid employees. The tort liability act protects the city volunteer in two important ways: • The statute limits the volunteer's maximum liability. The state tort caps are $500,000 per claimant and$1.5 million per occurrence. • The statute requires the city to defend and indemnify volunteers against claims for damages when the volunteer was acting in the performance of his or her duties as a city volunteer. The second provision provides an important protection for volunteers. It essentially means that when a person is performing duties as a city volunteer, the risk of tort liability rests with the city, not the volunteer. The only exception to this duty to defend and indemnify a volunteer is if the volunteer's actions constituted malfeasance, willful neglect of duty, or bad faith. The statutes don't require a city to protect an individual from consequences of his or her own intentional wrongdoing. 111