HomeMy WebLinkAbout09/03/2013 13 Special Events; Insurance Requirements and Fees; YMC Amendments 9.70.160 and 9.70.190BUSINESS 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
ORDINANCE NO. 2013-
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 3d day of September,
2013.
Micah Cawley, Mayor
ATTEST:
City Clerk
Publication Date:
Effective Date:
1 *.1.114 111dyil
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
3
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.
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.
R
1 *A.114 111 111VA
i r a 3
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 wW 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
R
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.
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.
7
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.
M.
EXHIBIT "B"
• I • i i - ■ i • 1 - - - i - • i
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 and of equipment, materials and permit
fees.
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, traffic control, sanitation, and
clean -up services. 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
I
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
10
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.
11
EXHIBIT «„
(Changes shown in legislative format)
• I • i i - ■ i • 1 - - - i - • i
(1) The full range of ^nsts essn^ieter! Mdh menial events sh -ll be
dn ^..menter! 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,
traffic control, sanitation, and clean -up services. 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 SpeGial eVeprperMit fP-P- Shall brr- vc°- vrharged. The acne pt of the
9;hell ho cot erlministretively by the ^itv manager nr his nr her `Jesinnee
(3) For sper--iel ev�t�n M4hi^h h��t�n reGn�iiZed ^heritable
rar z rrvvrnvrr� z yr r �rrarrcavrc
ergaRizati�Ts are a Signlifi^ent ^mmPnneRt cuff time anr! ^nsts �ssn^i eter!
n th treffi^ nnntrnl Se ii^er, FG61tiRe Pnli^e ceRii^ec ;;Ad rni nine ^leeni ire
a^tivities shell he ^harped- heser! OR the ^itv's `Jire^t ^nsts nnhi nr mw he
0
12
redueed or�r waived fc)rgcN_)d_ v°aa n�nin Cnr -II n+her special events, staff
+imo
-;;Ad- runs +s inns irro`J sh All ho fnr +ho fi ill -Amni in+ of runs +s inns 1rred by the
btt�y� --.�i nrrvvrnriee +inn Mdh the eVeR+ innl n�in r� +�nQ f �t_ff�+im�� ru�hT
as heRefi +s and- all everhead- runs +s the nnsi +inn
Q{4} 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. -B. 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.
13
(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.
14
(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.
15
Distributed � at the,
Meeting �=�--
Memorandum
To: Yakima City Council
Tony O'Rourke, City Manager
From: Sean Hawkins, Economic Development Manager
Date: September 3, 2013
Subject: Special Event Cost Breakdown
On average, the City spends $60,000 performing traffic control services for special events in the City of
Yakima. The following is a break down of the types of events and the cost to the City for performing traffic
control services for the events. These costs relate directly to traffic control services only Large events
such as 3 on 3 and Cinco De Mayo hire off duty officers at their own costs for security
1St Amendment Events
• MILK March — 9 hrs - $603
• Pro -Life March — 18hrs - $1,206
• Cesar Chavez March — 18hrs - $1,206
• Immigration Protest — 24hrs - $1,608 (varies based on political climate)
Total: $4,623
Community Events
• Memorial Day Parade — 96hrs - $6,432
• Cinco De Mayo Parade — 18hrs - $1,206
• 4th of July Celebration — 66hrs - $4,422
• Sunfair Parade — 75hrs - $5,025
• Veteran's Day Parade — 27hrs - $1,809
• Christmas Light Parade — 63hrs - $4,221
Total: $23,115
Special Interest Events / For Hire
• Yakima Canyon Marathon — 42hrs - $2,814
• Crime Stopper Canyon Day — 48hrs - $3,216
• 5k Fun Run — 96hrs - $6,432
• Cruise Nights (x3) — 102 -114 hrs - $6,834 - $7,638
• Tank Escort — 6hrs - $402
• HOG Escort — 18hrs - $1,206
• IKE Homecoming —18hrs - $1,206
• Hog Toy Run —18hrs - $1,206
• Children's Wishes and Dreams —18hrs - $1,206
Total: $32,160
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