Insurance Requirements Procedure

Purpose statement

To define the insurance requirements for those using or occupying town facilities or property.

Scope

This procedure applies to all groups or individuals:

1. supplying the town with goods and services;
2. renting or booking facility time, including park time, for the purpose of recreational, educational, athletic or social activities pursuant to the town's Facility Allocation policy and related procedures, including those involving the sale of alcohol pursuant to the Town's Municipal Alcohol policy and related procedures, including groups or individuals providing goods or services to town permit holders;
3. organizing a special event pursuant to the town's Special Event Permits policy and related procedures;
4. involved with a construction project, including infrastructure design and all construction project work on behalf of the town;
5. providing professional consulting services to the town;
6. using or occupying all or part of any municipal rights of way or municipal parking lot pursuant to the jurisdiction of the town under the Use of Municipal Rights of Way and Municipal Parking Lots policy and related procedures; or
7. conducting commercial filming and photography on municipal property, excluding current affairs and newscasts, pursuant to the town's Filming policy and related procedures.

Procedure

Where a group or individual is supplying the town with goods or services or is using or occupying town facilities or property the following insurance requirements shall apply:

(a) Supplying the town with goods and services

Where the town requires evidence of insurance from a group or individual (the "supplier"), pursuant to a contract or purchase order for goods or services, unless otherwise agreed to by the town in writing, the supplier shall carry commercial general liability insurance. Unless otherwise agreed to by the town in writing, such insurance shall be written on an occurrence basis with limits not less than five million dollars ($5,000,000) per occurrence and an aggregate limit of not less than five million dollars ($5,000,000) within any policy year with respect to completed operations and shall be endorsed to include the town and any of its named agents, each as additional insureds. In no event, shall the town agree to coverage of less than two million dollars ($2,000,000) per occurrence.

The supplier is responsible for paying the deductible under the insurance.

The form of insurance certificate to be provided by a supplier to evidence its compliance with the insurance requirements shall be on the form of the Certificate of Insurance, Standard Liability attached as Appendix 1, unless otherwise approved by the Purchasing Agent.

(b) Facility Rental/Permits

Where a group or individual (the "permit holder") is renting or booking facility time, including park time and/or road allowance closure time, for the purpose of recreational, educational, athletic or social activities pursuant to the town's Facility Allocation policy and related procedures, including those involving the sale of alcohol pursuant to the Town's Municipal Alcohol policy and related procedures, the permit holder shall carry commercial general liability insurance.  Such insurance shall be written on an occurrence basis with limits of not less than the amount specified for the type of activity listed in the table below and shall be endorsed to include the town as an additional insured.

Activities requiring at least $5,000,000 coverage:

• Events serving alcohol
• Events having amusement rides
• Events with overnight use
• Commercial filming
• Events with generator(s), temporary electrical equipment, services
• Events with fireworks
• Events with inflatables and/or carnival activities
• Events with tents or other temporary structures (eg. stages)
• High risk sports (eg. sports involving perceived higher risks such as:  archery, broomball, diving, fencing, football, gymnastics, ice hockey, lacrosse, ringette, rugby, swimming, track & field (discus, high jump, javelin, pole vault, shot put, steeplechase), and wrestling)
• In other circumstances where, because of the risk involved, staff deems $5,000,000 to be the appropriate limit

Activities requiring at least $2,000,000 coverage

• Events not specified under Activities requiring at least $5,000,000 coverage
• Food service to the public, subject to Halton Region Public Health inspection and no alcohol being served
• Non-contact sports and sports with perceived lower risks (including field hockey)

Notwithstanding the foregoing, the following permit holders and third party goods and services providers may be exempted at the discretion of staff from the requirement to provide proof of insurance:   photographers/videographers (non-commercial), buskers (non-acrobatic), cultural performers, information booths (no infrastructure), musicians (no infrastructure).

The permit holder is responsible to the town for his/her/its event, including the acts and omissions of participants and third party service providers contracting with the permit holder.  Permit holders should obtain evidence of commercial general liability insurance from their third party service providers naming the permit holder and the town as additional insureds. The minimum amount of such coverage should meet or exceed the insurance required of the permit holder. The form of insurance certificate to be provided by the third party supplier to evidence its compliance with the insurance requirements shall be on the form of the Certificate of Insurance, Standard Liability attached as Appendix 1.

For sporting activities, insurance coverage must include bodily injury to participants and participant to participant coverage.  If the event includes vendors selling items, insurance coverage must include Independent Blanket Vendor coverage.  If the event includes the serving of alcohol, the coverage must include Liquor Liability coverage.

The permit holder is responsible for paying the deductible under the insurance, whether purchased through the town or from a third party insurance provided.

For most activities, insurance for permit holders is available through the town's third party insurance providers.  The town's third party insurance providers may not cover all activities and insurance provided at the discretion of the third party insurance provider.

Alternatively, the permit holder may obtain insurance from its own third party insurance provider. In such cases, the permit holder shall provide evidence of such insurance which shall be on the form of the Certificate of Insurance, Facility Rental, attached as Appendix 2.

(c) Construction Matters

Where a group or individual (“constructor”) is involved with a construction project, including infrastructure design and all construction project work on behalf of the town, the constructor shall carry commercial general liability insurance. Such insurance shall be written on an occurrence basis with limits not less than five million dollars ($5,000,000), or such higher amount as may be specified in the contract between the constructor and the town, per occurrence and an aggregate limit of not less than five million dollars ($5,000,000) within any policy year with respect to completed operations and shall be endorsed to include the town and any of its named agents, each as additional insureds. The contract between the constructor and the town may require the constructor to carry (i) motor vehicle liability for all owned, operated or leased vehicles; (ii) umbrella or excess liability; (iii) environmental liability;  (iv) wrap up liability insurance; and/or (v) other insurance coverages.  The constructor shall carry all such insurance coverages in at least the amounts required by the contract and each policy shall be endorsed to include the town and any of its named agents, each as additional insureds.

The constructor is responsible for paying the deductible under such insurance.

The constructor shall provide evidence of such insurance which shall be on the form of the Certificate of Insurance, Construction Liability attached as Appendix 3.

Where the contract between the constructor and the town requires evidence of property and machinery insurance, including one or more of: (i) all risks property; (ii) builder’s risk; (iii) installation floater; (iv) contractor’s equipment; (v) boiler and machinery; or (vi) other insurance; the constructor shall carry all such insurance coverages in at least the amounts required by the contract and each policy shall be endorsed to include the town and any of its named agents, each as additional insureds.

The constructor is responsible for paying the deductible under such insurance.

The constructor shall provide evidence of such insurance which shall be on the form of the Certificate of Insurance, Property attached as Appendix 4, unless otherwise approved by the Purchasing Agent.

(d) Professional Work

Where a group or individual (“consultant”) contracts with the town to provide to the town professional work, the consultant shall carry professional liability insurance at least in the amount of two million dollars ($2,000,000) or such other amount as provided in the contract between the consultant and the town.

The consultant is responsible for paying the deductible under such insurance.

The consultant shall provide evidence of such insurance which shall be on the form of the Certificate of Insurance, Professional Liability attached as Appendix 5 unless otherwise approved by the Purchasing Agent.

(e) Municipal Rights of Way and Municipal Parking Lots

Where a group or individual, other than a home owner, (“occupier”) requires a permit under any of the procedures to the town’s Use of Municipal Rights of Way and Municipal Parking Lots policy, as a requirement of the issuance of such permit, the occupier shall carry commercial general liability insurance. Such insurance shall be written on an occurrence basis with limits not less than two million dollars ($2,000,000) per occurrence and an aggregate limit of not less than two million dollars ($2,000,000) within any policy year with respect to completed operations and shall be endorsed to include the town and any of its named agents, each as additional insureds.

The occupier is responsible for paying the deductible under the insurance.

The form of insurance certificate to be provided by an occupier to evidence its compliance with the insurance requirements shall be on the form of the Certificate of Insurance, Standard Liability attached as Appendix 1.

Where the group or individual (“home owner”) requires a permit with respect to the home owner’s residence under any of the procedures to the town’s Use of Municipal Rights of Way and Municipal Parking Lots policy, as a requirement of the issuance of such permit, the home owner shall carry general liability insurance with limits not less than the town requires.  Such insurance shall be endorsed to include the town and any of its named agents, each as additional insureds.

The home owner is responsible for paying the deductible under the insurance

The form of insurance certificate to be provided by a home owner to evidence its compliance with the insurance requirements shall be on the form of the Certificate of Insurance, Homeowners/Residential Liability attached as Appendix 6.

(f) Non-Conforming Certificates

Except where the Purchasing Agent is authorized to make an exception, the Town will only accept certificates of insurance for the matters covered by this procedure in the form of the certificates shown in the Appendices.  Where a certificate of insurance is provided by a group or individual and it indicates a lack of a required coverage or coverage in less than a required amount, it shall not be accepted by the town without the matter being reviewed by the relevant department, the Legal department and the risk management department.

Definitions

Commercial general liability insurance: means commercial general liability insurance or a comparable policy (including standard form automobile liability and non-owned automobile) including but not limited to coverage for personal injury and bodily injury, including death, broad form property damage including resulting business interruption suffered by the town or any third party due to property damage as a result of the operations conducted by or for the insured, blanket contractual liability, non-owned automobile liability, including liability for damage to hired automobiles, employers liability, contingent employers liability, completed operations and products liability, sudden and accidental pollution, cross liability with severability of interest clause and owners’ and contractors’ protective insurance coverage.

Construction work: includes, but is not limited to, large building renovations, new build, sidewalk and road repair contracts, building park infrastructure, subdivisions, etc.

Professional work: means consulting work which is considered professional in nature, such as geotechnical, engineering, design, or architectural work, as well as specialty consultants.

Responsibilities

Staff will be responsible for enforcing this policy.