HomeMy WebLinkAbout2013-043 Special Events; Insurance Requirements and Fees; YMC Amendments 9.70.160 and 9.70.190ORDINANCE NO. 2013 -043
AN ORDINANCE relating to special events; amending Section 9.70.160 regarding
insurance requirements for special events, and Section 9.70.190 of the
Yakima Municipal Code regarding special event fees.
WHEREAS, the City Council has previously adopted ordinances establishing procedures
and criteria for special events and special event permits within the City of Yakima, all as codified
at Chapter 9.70 YMC; and
WHEREAS, the City Council finds and determines that YMC 9.70.160 should be
amended to clarify and supplement provisions relating to insurance requirements for special
events; and
WHEREAS, the City Council finds and determines that YMC 9.70.190 should be
amended to establish and implement new procedures regarding calculation and assessment of
special event permit fees; and
WHEREAS, the City Council finds and determines that YMC 9.70.160 should be
amended as shown and set forth in Exhibit "A" attached hereto and by this reference
incorporated herein, and YMC 9.70.190 should be amended as shown and set forth in Exhibit
"B" attached hereto and by this reference incorporated herein, and that such amendments are in
the best interest of residents of the City of Yakima and will promote the general health, safety
and welfare; now, therefore
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Sections 9.70.160 of the Yakima Municipal Code is hereby amended to
read as set forth in Exhibit "A" attached hereto and incorporated herein. and Section
9.70.190 of the Yakima Municipal Code is hereby amended to read as set forth in Exhibit "B"
attached hereto and incorporated herein.
Section 2. The provisions of YMC 9.70.160 as amended shall become effective
upon the effective date of this ordinance as set forth in Section 3 below. The provisions of
YMC 9.70.190, as amended, shall apply to special events scheduled to occur on and after
January 1, 2014.
Section 3. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this rd day September, 2013.
Micah Caw y, Mayor
A1`T EST-
Clerk
` s
Publication Date: Sept b4[ 6-
Effective Date: October 2 '3—*x
bWl�d�
EXHIBIT "A"
9.70.160 Insurance required to conduct special event.
A. In addition to any other requirement(s) imposed by this chapter, for any parade or special
event involving participation of persons in games or races involving physical effort; or involving
the use of live animals, wild or domestic; or involving the use of vehicles (except wheelchairs);
or provision or sale of beverages or food for human consumption; or use of alcoholic beverages,
the applicant shall have the following minimum insurance requirements:
1. Commercial General Liability (Occurrence form). One million dollars per
occurrence /two million dollars aggregate combined single limit liability for bodily injury
and property damage. If other than the standard CG 00 01 form is used, the policy shall
be furnished to the city attorney for review and may be rejected based upon the
specified policy exclusions. If animals are included in the event, no animal exclusion will
be allowed or approved. The policy shall not contain an assault and battery exclusion.
2. If sponsor owned or rented vehicles are involved in the event: automobile liability at
one million dollars per occurrence combined single limit bodily injury and property
damage. This includes coverage for any owned, hired or non -owned vehicles. If the
sponsor of the event does not own the vehicles that will be used in the event, then only
hired and non -owned auto liability may be required, which can be included on the
commercial general liability policy.
3. If liquor is served at the event: liquor liability coverage shall be required at a one
million dollar liability limit.
4. The applicant shall provide a certificate of insurance as proof of the insurance
required above that clearly states who the provider is, the amount of coverage, the
policy number, and when the policy and provisions provided are in effect. Said policy
shall be in effect for the duration of the permit. The certificate of liability insurance policy
shall name the city of Yakima, its elected officials, officers, agents, employees and
volunteers as additional insureds, and shall contain a clause that the insurer will not
cancel the insurance without first giving the city prior written notice. The insurance shall
be with an insurance company or companies rated A -VII or higher in Best's Guide and
admitted in the state of Washington, or an A- VII rated approved surplus lines carrier. If
the city is damaged by the failure of the applicant to maintain the above insurance or to
notify the city, then the applicant shall bear all costs attributable thereto. An expiration,
cancellation, or revocation of the insurance policy or withdrawal of the insurer from the
insurance policy automatically suspends the permit issued to the applicant until a new
insurance policy or reinstatement notice has been filed and approved as provided in this
section.
B. No later than thirty (30) days prior to the event, unless the economic development manager
for good cause modifies the filing requirements, the applicant shall file with the economic
development manager evidence of liability insurance coverage, for review by the city attorney. A
complete copy of the policy will be furnished to the city attorney if requested. The requirements
of the certificate of liability insurance are set forth in subsection A of this section. Additional
endorsements for host liquor liability and /or products liability may be required, in the event food,
beverages and /or alcoholic beverages are to be dispensed.
2
C. The applicant shall provide a signed statement that the applicant/responsible party shall
pay the costs of services which the city of Yakima is required to perform by reason of
management of street use of the parade or special event, including but not limited to cleanup.
Upon completion of the parade or special event, the economic development manager shall
compile a statement of account which shall be mailed to the applicant/responsible party,
payable within thirty days.
D. Waiver, Reduction or Increase of Required Limits. If the special event is of a demonstrated
high or low risk category, according to recognized insurance and risk management standards,
the economic development manager, on the advice of the city attorney or city's risk manager,
may authorize a greater or lesser amount of coverage than otherwise required, or may require a
particular type of insurance coverage different from that specified in this section.
.. . . .. . . .. . . .... . . . . .. . . . .. . . . . . . .. . .. . . . . . . . . . . . .
E. As a further condition of the issuance of any permit, the applicant shall defend, indemnify,
and hold harmless the city, its elected officials, officers, agents, employees and volunteers from
and against any and all claims, causes of action, damages, losses, and expenses of any kind or
nature whatsoever, including but not limited to attorney's fees and court cost, arising out of,
relating to or resulting from the parade or special event and /or the application for the parade or
special event.
F. The indemnification requirements set forth in this section shall not be construed to apply to
events permitted under this chapter involving expressive activity which enjoys protection under
the United States or Washington constitutions except that sponsors of such events shall be
required to redesign or reschedule the permitted event to respond to specific risks, hazards and
dangers to the public health and safety identified by the director of community and economic
development as reasonably foreseeable consequences of the event.
G. The insurance required by this section shall encompass all liability insurance requirements
imposed for other permits required under other sections of this chapter and is to be provided for
the benefit of the city and not as a duty, express or implied, to provide insurance protection for
spectators or participants.
3
EXHIBIT "A"
(Changes shown in legislative format)
9.70.160 Insurance required to conduct special event.
A. In addition to any other requirement(s) imposed by this chapter, for any parade or special
event involving participation of persons in games or races involving physical effort; or involving
the use of live animals, wild or domestic; or involving the use of vehicles (except wheelchairs);
or provision or sale of beverages or food for human consumption; or use of alcoholic beverages,
the applicant shall have the following minimum insurance requirements:
1. Commercial General Liability (Occurrence form). One million dollars per
occurrence /two million dollars aggregate combined single limit liability for bodily injury
and property damage. If other than the standard CG 00 01 form is used, the policy shall
be furnished to the city attorney for review and may be rejected based upon the
specified policy exclusions. If animals are included in the event, no animal exclusion will
be allowed or approved. The policy shall not contain an assault and battery exclusion.
2. If sponsor owned or rented vehicles are involved in the event: automobile liability at
one million dollars per occurrence combined single limit bodily injury and property
damage. This includes coverage for any owned, hired or non -owned vehicles. If the
sponsor of the event does not own the vehicles that will be used in the event, then only
hired and non -owned auto liability wi 4 may be required, which can be included on the
commercial general liability policy.
3. If liquor is served at the event: liquor liability coverage shall be required at a one
million dollar liability limit.
4. The applicant shall provide a certificate of insurance as proof of the insurance
required above that clearly states who the provider is, the amount of coverage, the
policy number, and when the policy and provisions provided are in effect. Said policy
shall be in effect for the duration of the permit. The certificate of liability insurance policy
shall name the city of Yakima, its elected officials, officers, agents, employees and
volunteers as additional insureds, and shall contain a clause that the insurer will not
cancel the insurance without first giving the city prior written notice. The insurance shall
be with an insurance company or companies rated A -VII or higher in Best's Guide and
admitted in the state of Washington, or an A- VII rated approved surplus lines carrier. If
the city is damaged by the failure of the applicant to maintain the above insurance or to
notify the city, then the applicant shall bear all costs attributable thereto. An expiration,
cancellation, or revocation of the insurance policy or withdrawal of the insurer from the
insurance policy automatically suspends the permit issued to the applicant until a new
insurance policy or reinstatement notice has been filed and approved as provided in this
section.
B. No later than thirty (30) days prior to the event, unless the economic development manager
for good cause modifies the filing requirements, the applicant shall file with the economic
development manager evidence of liability insurance coverage, for review by the city attorney. A
complete copy of the policy will be furnished to the city attorney if requested. The requirements
of the certificate of liability insurance are set forth in subsection A of this section. Additional
endorsements for host liquor liability and /or products liability may be required, in the event food,
beverages and /or alcoholic beverages are to be dispensed.
Il
C. The applicant shall provide a signed statement that the applicant/responsible party shall
pay the costs of services which the city of Yakima is required to perform by reason of
management of street use of the parade or special event, including but not limited to cleanup.
Upon completion of the parade or special event, the economic development manager shall
compile a statement of account which shall be mailed to the applicant /responsible party,
payable within thirty days.
D. Waiver, Reduction or Increase of Required Limits. If the special event is of a demonstrated
high or low risk category, according to recognized insurance and risk management standards,
the economic development manager, on the advice of the city attorney or city's risk manager,
may authorize a greater or lesser amount of coverage than otherwise required, or may require a
particular type of insurance coverage different from that specified in this section.
E. As a further condition of the issuance of any permit, the applicant shall defend, indemnify,
and hold harmless the city, its elected officials, officers, agents, employees and volunteers from
and against any and all claims, causes of action, damages, losses, and expenses of any kind or
nature whatsoever, including but not limited to attorney's fees and court cost, arising out of,
relating to or resulting from the parade or special event and /or the application for the parade or
special event.
F. The indemnification requirements set forth in this section shall not be construed to apply to
events permitted under this chapter involving expressive activity which enjoys protection under
the United States or Washington constitutions except that sponsors of such events shall be
required to redesign or reschedule the permitted event to respond to specific risks, hazards and
dangers to the public health and safety identified by the director of community and economic
development as reasonably foreseeable consequences of the event.
G. The insurance required by this section shall encompass all liability insurance requirements
imposed for other permits required under other sections of this chapter and is to be provided for
the benefit of the city and not as a duty, express or implied, to provide insurance protection for
spectators or participants.
EXHIBIT "B"
9.70.190 Cost recovery for special events — Fees — Security deposit.
A. Special Event Permit Application Fee. A $50 non - refundable application fee must be
submitted with any special event permit application.
B. Special Event Permit Fee. Upon approval of an application for a permit for a special event
not protected under the First and Fourteenth Amendments of the U.S. Constitution, the
economic development manager should provide the applicant with a statement of the estimated
cost of city services equipment and materials used or provided by city in providing traffic control
and management for parades and vehicle events, and permit fees. Also exempt from the
Special Event Permit Fee are the community events listed as follows: Memorial Day Parade;
Cinco De Mayo Parade; 4th of July Celebration; Sunfair Parade; Veteran's Day Parade; and
Christmas Light Parade.
The Special Event Permit Fee shall be calculated and assessed as follows.
(1)The economic development manager shall send copies of special event
applications to affected city departments. By way of illustration, and without
limitation, services provided by affected city departments include, but are not
limited to, services such as police escorts and traffic control. Costs of such
services are called "event management costs." Each departmental activity
required for the special event shall be itemized, showing hourly rate and total cost.
The "total event management costs to the city" shall be the sum of each
department's costs. The applicant shall pay 50% of the costs of the services
provided by the city.
(2) The economic development manager shall require payment of fees, or a
reasonable estimate thereof, at the time the completed application is approved,
unless the economic development manager for good cause extends time for
payment.
C. Security Deposit. Except for an application for a permit for a special event protected under
the First and Fourteenth Amendments of the U.S. Constitution, and events solely sponsored by
the city, each application for a special event permit shall be accompanied by a security deposit.
For special events requiring the closure of public streets, the amount of the security deposit
shall be between two thousand five hundred dollars and five thousand dollars, based on the
factors listed below. For special events limited to any city designated special event venue or
other venue, or a special event permit issued under the expedited process of YMC 9.70.100, the
amount of the security deposit shall be in an amount determined by the economic development
manager based on the factors listed below. The economic development manager shall consider
the following factors when determining the amount of any security deposit for a special event.
The security deposit shall be in an amount the economic development manager determines is
necessary and appropriate to defray costs of cleanup, repair and /or restoration based upon: (i)
the number of persons expected to attend or participate in the event; (ii) the type or nature of
the event; (iii) the number and type of vendors participating in the event; (iv) whether alcohol will
be provided, served or consumed on the event venue; and (v) any other factor deemed relevant
to determine the amount of deposit based upon reasonably foreseeable costs of cleanup, repair
and /or restoration.
(1) Payment of Funds to Be Used for Security Deposit. Payment of funds to be
used for security deposit shall be by cash or certified check.
on
(2) Deposit of Funds. Funds received from the applicant for security deposit shall
be receipted by the city and deposited in an appropriate fund.
(3) Refund of Security Deposit. Subject to compliance with the following
conditions, funds held by the city as a security deposit shall be refunded to the
applicant in accordance with applicable payment procedures of the city:
(a) Applicant has complied with all requirements of the permit;
(b) Applicant has cleaned, repaired and restored the site following the
conclusion of permitted event to the condition existing prior to the event,
reasonable wear and tear excepted, to the satisfaction of the economic
development manager.
(4) Use of Funds in Security Deposit by City. In the event applicant fails to
comply with the approved cleanup plan included within the permit and /or damage
to city property or facilities has occurred on the event site attributed to participants
in the event, the economic development manager shall use reasonable efforts to
notify the applicant that the city will proceed to clean, repair and restore the subject
site and facilities, and thereupon authorize city personnel to conduct such cleanup
and restoration. The cost of such city cleaning, repair and restoration shall be
computed using the hourly rate of each city employee (with overtime rate, as
applicable) multiplied by the hours worked by each employee, and the hourly rate
for city equipment used for the cleanup, repair and restoration multiplied by the
number of hours such equipment was used. Costs incurred by the city also include
the costs of any third -party contractor retained to conduct or assist with such
cleanup, repair or restoration. City will document its costs incurred in cleanup,
repair and restoration and deduct from the security deposit the total amount
incurred by the city for such cleanup, repair and restoration. The city shall
thereupon request a refund of the remaining balance of such deposit to be
processed and paid to the applicant, and shall provide the applicant with a copy of
the document showing city costs incurred.
(5) Recovery of Excess Costs — Responsibility of Applicant. The applicant shall
be responsible for all cleanup, repair and restoration required in this code, the
approved permit and cleanup plan. In the event city costs of cleanup, repair and /or
restoration of the site exceed the amount of the security deposit, the city reserves
the right to seek recovery of such amounts from any and all responsible parties,
including but not limited to the applicant.
7
EXHIBIT "B"
(Changes shown in legislative format)
9.70.190 Cost recovery for special events — Fees — Security deposit.
A. Special Event Permit Application Fee. A $50 non - refundable application fee must be
submitted with any special event permit application.
BA. Special Event Permit Fee. Upon approval of an application for a permit for a special event
not protected under the First and Fourteenth Amendments of the U.S. Constitution, the
economic development manager should provide the applicant with a statement of the estimated
cost of city services, andef equipment, and materials used or provided by city in providing traffic
control and management for parades and vehicle events, and permit fees. Also exempt from
the Special Event Permit Fee are the community events listed as follows: Memorial Day Parade:
Cinco De Mayo Parade: 4th of July Celebration: Sunfair Parade: Veteran's Day Parade: and
Christmas Light Parade.
The Special Event Permit Fee shall be calculated and assessed as follows.
(1) The full range of posts associated with special events shall be
desuF►eRt The economic development manager shall send copies of special
event applications to affected city departments. By way of illustration, and without
limitation, services provided by affected city departments include, but are not
limited to, services such as police escorts -and traffic control. Costs of such
services are called "event management costs." Each departmental activity
required for the special event shall be itemized, showing hourly rate and total cost.
The "total event management costs to the city" shall be the sum of each
department's costs. The applicant shall pay 50% of the costs of the services
provided by the city.
(2) A special event permit fee shall be GhaFged. The amo,,nt of the fee shall be
set administratively by the city manager or his or her designee
(3) For menial events in Whinh benefits to recognized charitable organizations
s ices routine epnces nd routine cl n,,p actiVities shall he charged
�er�,���r<e �,,,�amea �„�.
based on the Gity'S diFeGt Gests only, ep may be redUGed eF waived for good Gause
shown. For all etb eF 6p26iu ial events, sta time a e
-;;Rd nests inc� rred shall he for the
0 Rd*FeGt GOGhs of staff time 6UGh as benefits and all overhead Gests as6eGmated with
r r ff
the position
tirrc- p°�rcr°Tr.
JQf4} The economic development manager shall require payment of fees, or a
reasonable estimate thereof, at the time the completed application is approved,
unless the economic development manager for good cause extends time for
payment.
C.9-. Security Deposit. Except for an application for a permit for a special event protected
under the First and Fourteenth Amendments of the U.S. Constitution, and events solely
sponsored by the city, each application for a special event permit shall be accompanied by a
security deposit. For special events requiring the closure of public streets, the amount of the
security deposit shall be between two thousand five hundred dollars and five thousand dollars,
based on the factors listed below. For special events limited to any city designated special event
venue or other venue, or a special event permit issued under the expedited process of YMC
9.70.100, the amount of the security deposit shall be in an amount determined by the economic
development manager based on the factors listed below. The economic development manager
shall consider the following factors when determining the amount of any security deposit for a
special event. The security deposit shall be in an amount the economic development manager
determines is necessary and appropriate to defray costs of cleanup, repair and /or restoration
based upon: (i) the number of persons expected to attend or participate in the event; (ii) the type
or nature of the event; (iii) the number and type of vendors participating in the event; (iv)
whether alcohol will be provided, served or consumed on the event venue; and (v) any other
factor deemed relevant to determine the amount of deposit based upon reasonably foreseeable
costs of cleanup, repair and /or restoration.
(1) Payment of Funds to Be Used for Security Deposit. Payment of funds to be
used for security deposit shall be by cash or certified check.
(2) Deposit of Funds. Funds received from the applicant for security deposit shall
be receipted by the city and deposited in an appropriate fund.
(3) Refund of Security Deposit. Subject to compliance with the following
conditions, funds held by the city as a security deposit shall be refunded to the
applicant in accordance with applicable payment procedures of the city:
(a) Applicant has complied with all requirements of the permit;
(b) Applicant has cleaned, repaired and restored the site following the
conclusion of permitted event to the condition existing prior to the event,
reasonable wear and tear excepted, to the satisfaction of the economic
development manager.
(4) Use of Funds in Security Deposit by City. In the event applicant fails to
comply with the approved cleanup plan included within the permit and /or damage
to city property or facilities has occurred on the event site attributed to participants
in the event, the economic development manager shall use reasonable efforts to
notify the applicant that the city will proceed to clean, repair and restore the subject
site and facilities, and thereupon authorize city personnel to conduct such cleanup
and restoration. The cost of such city cleaning, repair and restoration shall be
computed using the hourly rate of each city employee (with overtime rate, as
applicable) multiplied by the hours worked by each employee, and the hourly rate
for city equipment used for the cleanup, repair and restoration multiplied by the
number of hours such equipment was used. Costs incurred by the city also include
the costs of any third -party contractor retained to conduct or assist with such
cleanup, repair or restoration. City will document its costs incurred in cleanup,
repair and restoration and deduct from the security deposit the total amount
incurred by the city for such cleanup, repair and restoration. The city shall
thereupon request a refund of the remaining balance of such deposit to be
processed and paid to the applicant, and shall provide the applicant with a copy of
the document showing city costs incurred.
(5) Recovery of Excess Costs — Responsibility of Applicant. The applicant shall
be responsible for all cleanup, repair and restoration required in this code, the
approved permit and cleanup plan. In the event city costs of cleanup, repair and /or
E
restoration of the site exceed the amount of the security deposit, the city reserves
the right to seek recovery of such amounts from any and all responsible parties,
including but not limited to the applicant.
10
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 13
For Meeting of: 9/3/2013
ITEM TITLE: An ordinance amending section 9.70.190 of the Yakima
Municipal Code regarding Special Events and Parades.
SUBMITTED BY: Sean Hawkins
Economic Development Manager
575 -6274
SUMMARY EXPLANATION:
Attached for your consideration is an Ordinance amending section 9.70.170 of the Yakima
Municipal Code relating to special events. This item was debated at the May 7th, 2013 council
meeting and brought back to the Council Economic Development Committee for further study
based on a review of how other Washington cities were handling special event costs.
The change would create a special event application fee of $50 for all events and require
a 50/50 split of City related costs involved in traffic management for parades and car events.
The new cost structure would go into effect on January 1, 2014.
The Ordinance also updates the insurance requirements required as part of the special event
permit process. The insurance updates were recommended by the City's insurance consultant
to minimize the City's overall liability during permitted special events and parades.
Resolution:
Other (Specify):
Contract:
Start Date: 01/01/14
Item Budgeted:
Funding Source /Fiscal
Impact:
Strategic Priority:
Insurance Required? No
Mail to:
Phone:
.Ordinance: X
Contract Term:
End Date:
Amount:
Economic Development
APPROVED FOR
SUBMITTAL:
RECOMMENDATION:
ATTACHMENTS:
Description
Upload Date
City Manager
Type
Ordinance Amending section 9.70.190 of the
0 Yakima Munical Code regarding Special Events 812612013 Cover Memo
and Parades