2. Design Lease Contracting for Services IT/Security Medical IGA Special Events Providing Services

3. Regardless of the type of contract you will need to consider:  The indemnification requirements  The coverage  The certificate of insurance  The endorsement

4. Basic Types of Indemnification  Broad Form  Intermediate Form  Limited Form

5. Broad Form To the fullest extent permitted by law, Contractor agrees to indemnify, defend, and hold harmless Owner from any and all claims including claims alleged to have arisen from the sole negligence of Owner or its officers, employees, agents, or any other for which Owner may be liable.

6. Intermediate Form Similar to the Broad form except the contractor’s obligation shall not extend to the sole negligence of Owner or its officers, employees, agents, or any other for which Owner may be liable.

7. Limited Form (Vicarious Liability) Contractor’s obligation shall not extend to the negligence of Owner or its officers, employees, agents, or any other for which Owner may be liable.

8. Contractual Liability That part of any other contract or agreement pertaining to your business under which you assume the tort liability of another to pay for “bodily injury” or “property damage” to a third party or organization.

9. Contractual Liability Examples  Lease of Premises  Sidetrack Agreement (railroads)  Easement of license agreement  Obligation required by muni ordinance  Elevator maintenance agreement  Member activities (with restrictions)

10. Sample Language I/We__, its officers, employees and members shall through the signing of this Agreement by an authorized party or agent, indemnify, hold harmless and defend the City of __and its agents and employees from all suits and actions, including reasonable attorneys' fees and all costs of litigation and judgment of every name and description against the City as a result of loss, damage or injury to person or property by reason of any action or omission by __, its agents or employees, for the following activities:

11. Other Considerations  Subrogation waiver  Primary insurance

12. BEWARE! Regardless of your contract or indemnification agreement, the carrier will only respond to what the policy covers

13. Who is Covered  Named Insured  Employees  Volunteers

14. Who is not Covered  Vendors  Tenants  Contractors  Sub-Contractors  Participants

15. What is Covered  General Liability  Professional Liability (E&0)  Products & Completed Operations  Auto Liability  Worker’s Compensation

16. Watch for potential exclusions  Alcohol  Aircraft  Bouncy houses  Rodeos  Skateboard Parks  Fireworks

17. Can you get coverage?  Purchased through your carrier?  Obtained from a broker?

18. Planning a Special Event  Make sure the entire event is covered  Watch for parts of the event that might not be covered i.e. serving alcohol

19. Planning the Special Event  Identify vendors/exposures  Sign contract with vendors  Require indemnification from vendors  Require insurance/additional insured

21. When to get a COI  Using independent contractors  Using vendors  Participants in rec programs  Use of municipal facilities

22. What is a certificate of insurance? Proof that insurance coverage is in effect for a specified period A certificate of insurance DOES NOT provide ANY coverage to the municipality

23. Must request additional insured status Written contract may be required Endorsement from carrier is now required

25. What To Look for on a Certificate  Who is named Insured  Are you listed as the “certificate holder”  Notice of cancellation  Expiration dates  Coverage – GL, WC, Auto  Limits (any aggregate)  Restrictions, if any  Endorsements

26. What To Look for on a Certificate  Is the Named Insured the correct party?  Who is the insurance carrier?  How is the insurance carrier rated?  Are the correct lines of coverage included?  Are the policy limits sufficient?  Is there an aggregate?  Did you get the endorsement?

27. What is an endorsement? The method of making a change to an insurance policy Must be issued by the carrier not the agent

28. What is an endorsement? The method of making a change to an insurance policy Must be issued by the carrier not the agent

29. There are many different endorsements  ISO Forms  Manuscript forms  Specific forms  General forms

31. Actual issues we have seen Agent claims they don’t know what an endorsement is Claims that a request for a COI/endorsement has never been made before Endorsements that don’t reference a policy Specific type of endorsements that are blank