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HomeMy WebLinkAbout5.F.5. Accident Insurance for Volunteers S, F~~, CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Insurance for Volunteers DATE: september 10, 2008 Introduction The parks and Recreation Director is requesting that the City provide accident coverage for volunteers. Background uCity volunteers" (as defined by the League of Minnesota Cities Insurance Trust for coverage) are those individuals who perform services as part of a city function and under the city's direction and supervision. City volunteers are provided the same tort liability protection as employees - the liability on is the city. The city has not provided insurance coverage for volunteers in the past or for at least many years. A number of years ago the City did have minor medical coverage for anyone injured on city premises but dropped it because there was no legal liability to pay for those claims. Since then, if someone is injured on City premises, a claim goes through the liability coverage. As part of the Workers Compensation insurance, accident coverage for volunteers is available. Not included in this are the following: . Workers comp already covers the following; first responders, law enforcement volunteers and civil defense volunteers. . City Council, boards, commissions and committees are not covered _ coverage is available at a cost. Council previously decided not the cover them. . volunteers working on construction or demolition projects are not covered but can be added to work comp for a cost. Benefits to the volunteer are a disability benefit ($400/for a maximum of 26 weeks) , death benefit ($100,000) and impairment benefit or dipability ($750 - $100,000) . $1,000 of medical coverage can also be included. Regular employees have a death benefit of $60,000 plus up to $15,000 for funeral expenses under workers compensation insurance. This does not provide coverage to anyone claiming to be a city volunteer. A General Release And Indemnification form is being utilized by the Recreation Dept. to sign-up volunteers (see attached) . The cost or premium for the coverage is $1,500 plus $675 for the medical coverage which will be charged to the Recreation Fund. . ~ ./ .. . The insurance will be beneficial to the City in that it could reduce the risk to litigation. Having volunteer Accident Insurance would allow the volunteer to obtain coverage for injuries if they were hurt while volunteering for the City no matter who is at fault. The city uses a number of volunteers as coaches and the Recreation Director feels it is beneficial for the City to have coverage in place prior to a major injury happening. Action Move to obtain accident coverage and $1,000 medical coverage for city volunteers from the League of Minnesota cities Insurance Trust for those volunteers who have executed the city's waiver form. j26J) Gregg Voxland Finance Director H:\Finance\docs\insure\volunteer SHAKOPEE -Participant - GENERAL RELEASE AND INDEMNIFICATION AGREEMENT I. RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT: PARTICIPANT (AND PARENTS/LEGAL GUARDIANS(S) IF APPLICABLE) MUST READ CAREFULL Y BEFORE SIGNING. Inconsideration for being permitted to engage in the following activities: I hereby acknowledge, represent and agree as follows: A. I understand that the above described activities are or may be dangerous and do or may involve risks of injury, loss or damage. I further acknowledge that such risks may include but are not limited to bodily injury, personal injury, sickness, disease, death, and property loss or damage, arising from the following circumstances, among others: (Participant [and parent/legal guardian if applicable] initials here B. By signing this RELEASE AND INDEMNIFICATION AGREEMENT, I hereby expressly assume all such risks of injury, loss, or damage to me or any other related third party arising out of or in any way related to the above-described activities, whether or not caused by the act, omission, negligence, or other fault of the City of Shakopee, its officers, its employees, or by any other cause. (Participant [and parent/legal guardian if applicable] initials here C By signing this RELEASE AND INDEMNIFICATION AGREEMENT, I further hereby exempt, release and discharge the City of Shakopee, its officers, and its employees, from any and all claims, demands, and actions for such injury, loss, or damage, arising out of or in any way related to the above described activities, whether or not caused by the act, omission, negligence, or other fault of the City of Shakopee, its officers, its employees, or by any other cause. (Participant [and parent/legal guardian if applicable] initials here D. I further agree to defend, indemnify and hold harmless the City of Shakopee, its officers, employees, insurers and self insurance pool, from and against all liability, claims and demands, including any third party claim asserted against the City of Shakopee, its officers, employees, insurers or self insurance pool, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other kind of loss of any kind whatsoever, which arises out of or are in any way, related to the above described activities. Whether or not caused by my act, omission, negligence, or other fault of the City of Shakopee, its officers, its employees, or by any other cause. (Participant [and parent/legal guardian if applicable] initials here E. By signing this RELEASE AND INDEMNIFICATION AGREEMENT, I hereby acknowledge and agree that said agreement extends to all acts, omissions, negligence or other fault of the City of Shakopee, its officers, and/or its employees, and that said Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Minnesota. If any portion thereof is held invalid, it is further agreed that the balance shall, notwithstanding, continue in full legal force and effect. (Participant [and parent/legal guardian if applicable] initials here F. I understand and agree that this RELEASE AND INDEMNIFICATION AGREEMENT shall be governed by the laws of the State of Minnesota, and that jurisdiction and venue for any suit or cause of action under this agreement shall lie in the courts of Minnesota. (Participant [and parent/legal guardian if applicable] initials here This RELEASE AND INDEMNIFICATION AGREEMENT shall be effective as of the date set forth below and shall be binding on me, my successors, representatives, heir, executors, assign, and transferees. (Participant [and parent/legal guardian if applicable] initials here II. PARTICIPANT SIGNATURE AND DATE: Participant Signature (Print Name) Date Participant Address City Zip Birthdate Phone E-Mail Emergency Contact Relationship Emergency Contact Phone III. PARENT/LEGAL GUARDIAN SIGNATURES; (Each parent/legal guardian must complete the following if the participant is under 18 years of age.) A. I am/we are the parent(s)/Iegal guardian(s) of the participant and by my/our signature, agree to be bound by and responsible for all provisions of this RELEASE AND INDEMNIFICATION AGREEMENT, on behalf of ourselves, the Participant, and the successors, representatives, heirs, executors, assigns, and transferees of ourselves and the Participant. B. IIwe consent to the participants' execution of this RELEASE AND INDEMNIFICATION AGREEMENT and participation in the activities described in part I. Printed Names and Signatures of Parents/Legal Guardians (if applicable) Name Signature Date Name Signature Date Name Signature Date