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Situation: <br /> To reserve a park for a neighborhood event, Neighborhood Associations must agree to <br /> indemnify, defend, and hold harmless the City of Eugene, its officials, agents and <br /> employees from and against any and all claims of injury to property or persons that may <br /> arise as a result of any activity occurring at the event. <br /> Because Neighborhood Associations are not legal entities that could purchase insurance, <br /> it is the Board members themselves who are liable. <br /> Alternatives: <br /> • City of Eugene includes NA Boards in the City's insurance program and agrees to <br /> defend them if sued. <br /> • Neighborhood Services buys insurance for the Boards and sets aside a reserve for <br /> legal defense and potential claims (deductibles). <br /> • Include a release from liability on all sign -in sheets for neighborhood meetings <br /> and events. <br /> • Inform Board members of the liability /risk involved. Each person decides <br /> whether to purchase coverage via their homeowner's policy. <br /> More information needed: <br /> • What do other cities do? (e.g., Portland, Salem, Bend) <br /> • What is a sufficient amount of insurance? (check w/ Risk, the Admin Order, <br /> private insurance professional) <br /> • Is there a City or ORS law that exempts volunteer boards from liability? <br /> • What would it take to make NA Board members agents of the City? <br /> • Why do NAs have to release the City from liability for an event in the park but <br /> not for a meeting in a City facility? <br /> • Is there any difference in liability to the NA Board members if a meeting or event <br /> is held at a City facility, a City park, a school, a church, or in someone's home? <br /> • Is there any reason why Neighborhood Services cannot purchase insurance for the <br /> associations' actions? (e.g., does this fall under extension of credit). <br /> • What is the cost for Neighborhood Services to purchase insurance? (Does this <br /> have to go out to bid if over $5K ?) <br /> o Each of the 19 NAs holds up to 3 special events per year, including <br /> picnics, potlucks, clean -ups, tours, and fundraising events. <br /> o NAs hold 4 to 12 General Meetings a year and 4 to 12 Board Meetings, <br /> plus committee meetings. <br /> o Do NAs need insurance for their decisions or recommendations they make <br /> to other bodies? For example, if the NA has a role in determining infill <br /> standards, will they be a party to legal claims made by landowners? <br /> o Are NAs liable for omissions? For example, if the EPD gives NAs a role <br /> in determining police priorities and the association does not undertake that <br /> work, are they liable for a claim from a victim? (Carlos — can you think of <br /> a better example ?) <br /> • What is the amount Neighborhood Services would need to set aside in a reserve <br /> for deductible? <br />