[Ord. No. 2018-1767]
Outside organizations, which include those groups, committees,
associations, clubs, individuals or organizations whose functions
or activities are not sponsored, controlled or regulated by the Borough
must comply with the following requirements in order to use a Borough
facility.
a. Governmental units which are a part of the Borough.
Definition: Entities subject to the Public Contracts Law, which
are under the Town's control.
Requirements: None. These entities are a part of the Borough's
insurance program.
b. Governmental units which are affiliated with the Borough but are
autonomous.
Definition: Entities subject to the Public Contracts Law, but
are independent of the Town's control - (for example, an independent
authority or a "fire district").
Requirements: The Borough, in its sole discretion, may apply
to the Borough's insurance carrier or Joint Insurance Fund ("JIF")
to include these entities into the Borough's insurance program. If
the Governing Body chooses to not include any entity in the Borough's
insurance program, that entity shall be treated as an unaffiliated
non-profit organization for purposes of indemnification and insurance
requirements.
c. Governmental units which are not affiliated with the Borough.
Definition: Entities subject to the Public Contracts Law, but
are not affiliated with the Borough (for example, another municipality
or the county).
Requirements: These entities are treated as unaffiliated, non-profit
organizations provided, however, that the Borough shall not require
another town which is a member of the same JIF as the Borough to provide
an insurance certificate.
d. Non-Profit Entities (Quasi Municipal).
Definition: Entities which (a) are not subject to the Public
Contracts Law, but perform functions which otherwise could be performed
by the Borough and (b) have been included in the Borough's insurance
program.
Requirements: To be included in the Borough's insurance program,
the Governing Body must adopt a resolution requesting coverage from
the JIF, which will be considered by the JIF's Executive Committee
in accordance with the policy described earlier.
e. Non-Profit Entities (Unaffiliated).
Definition: Entities which (a) are not subject to the Public
Contracts Law and (b) have not been included in the Borough's insurance
program pursuant to the attached quasi municipal procedure.
Requirements: $1 million coverage, and full indemnification
and hold harmless.
f. Non-Profit Entities (Unaffiliated Individuals).
Definitions: An individual who is holding a function at a municipal
or quasi-municipal facility and such function is not sponsored for
the benefit of an organization including governmental units non-profit
entities or for-profit entities.
Requirement: $300,000 in liability coverage, and full indemnification
and hold harmless.
Exceptions: The Governing Body may exempt a non-profit organization
from these requirements or may reduce the requirements upon a finding
that the organization is small enough that it would not normally carry
insurance, provided, however, that the Governing Body may not grant
such exceptions if:
1. The organization is charging a fee to perform a service which is
regularly supplied by for-profit organizations. For example, a day
care center must have insurance and cannot be granted an exception.
2. The organization is conducting a regular ongoing sports program.
For example, a little league program could not be granted an exception.
3. The organization is charging a fee for a function which includes
alcohol. For example, a dinner where alcohol is being served cannot
be granted an exception. However, an exception could be granted for
a small organization holding an open house where a small amount of
wine or beer is available.
g. For Profit.
1. Definition: Any organization other than a governmental entity or
a non-profit as defined above.
2. Requirements: $1 million coverage and full indemnification and hold
harmless.
(a)
A Certificate of Insurance must show minimum limits of $1,000,000
per loss for general liability. This certificate should name the member
as an additional insured and must be received prior to granting use
of the facilities. Please note, any event where liquor will be served,
you should obtain a hold harmless agreement and a certificate of insurance
naming the fund as an additional insured with minimum limits of $3
million from an insurance company rated no lower than "A-". If you
have any question, please contact the Fund's Underwriting Manager.
In addition, at the very least, local citizen community groups such
as garden clubs, etc., must provide the Fund with a Hold Harmless
Agreement.
(b)
"Hold Harmless" Agreement must be signed which protects the
Borough from any liability which may occur during the time the facilities
are being used.
[Ord. No. 2018-1767]
Groups to whom the Borough grants formal approval under a Special Events permit issued pursuant to section
4-12 of this Code shall be required to sign a Hold Harmless Agreement, holding harmless the Borough from any and all liability which may occur during the time they are using the facility. In addition, they are required to provide a minimum of $1 million per loss liability insurance, naming the Borough as additional insured.
The Borough may require coverage limits excess of the minimum
amount shown above if, in its judgment, the special event warrants
higher coverage.
[Ord. No. 2018-1767]
All Certificates of Insurance and Hold Harmless Agreements are
subject to the approval of the Borough Attorney and the Borough's
Risk Manager.
[Ord. No. 2018-1767]
The governing body may waive hold harmless and insurance agreements
subject to the approval of the JIF.