HomeMy WebLinkAboutIR 9559 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 9559
To the Mayor and Members of the City Council May 14, 2013
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SUBJECT: LIABILITY AND INSURANCE FOR VOLUNTEER ACTIVITIES ON
rF CITY PROPERTY AND RIGHTS-OF-WAY
The purpose of this informal report is to respond to the City Council's request for staff to evaluate
and resolve the impediment to volunteerism that is resulting from insurance requirements for
individuals and groups interested in maintaining common areas of public property and medians.
The City of Fort Worth welcomes community volunteers to assist us with our maintenance and
landscaping needs. The nature of maintenance or landscaping on City property can be
categorized into 3 general areas: litter collection/light landscaping; work involving power
equipment and significant irrigation projects. Historically, the City has required volunteers to
provide proof of insurance for work involving power equipment ($500,000) and for irrigation
related projects ($1,000,000). The purpose of the insurance has been to respond to potential
exposure the volunteers, 3rd party passers-by and the City of Fort Worth. The City is self-insured
for all liability claims that arise when City employees are involved with accidents.
Staff considered providing blanket coverage to volunteers. However, due to the range of possible
risks and uncertainty about the volume and types of activities, we have not been able to identify a
cost-effective option to ensure volunteer groups against damages to other volunteers or passers-
by. Upon further review, it is Staff's opinion that the value of the volunteerism exceeds the
exposure experience in the past and makes the following recommendation:
1. Require volunteers to sign waivers releasing the City from liability for injuries to themselves
or damage to their equipment that may be incurred while volunteering. The waiver would
also outline risks they are assuming for potential claims brought by third parties.
2. Waive the proof of insurance requirement for volunteer groups doing work with non-riding
power equipment and irrigation operation within appropriate limits. If an accident occurs
and injuries are sustained, third parties could pursue legal action against the volunteer or
the City for injuries or property damage. Staff would assess claims against the volunteer
groups on a case-by-case basis and the City could choose but is not obligated to pay for
damage where the volunteer acted in good faith. However, the volunteer would be
assuming the risk of being named in litigation and the City would not defend them since
they are not selected by or supervised by the City. As a result, some volunteers may still
choose to acquire insurance to cover their activities or refer claims for consideration by
their homeowners insurance. If the City is named in a lawsuit, we would have immunity for
damages caused by volunteers; however, we could incur legal expenses and exposure up
to $500,000 per incident for negligence. The City would have potential liability for the on-
going operation of the irrigation systems that result in incidents or from roadways, as an
example.
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 9559
To the Mayor and Members of the City Council May 14, 2013
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SUBJECT: LIABILITY AND INSURANCE FOR VOLUNTEER ACTIVITIES ON
rF CITY PROPERTY AND RIGHTS-OF-WAY
3. Continue to require insurance for community groups that hire contractors to perform
maintenance and landscaping work on City property. Professional contractors are
expected to provide proof of insurance as they do now.
Staff will communicate this administrative change out to neighborhood associations. This policy
will be codified in a volunteer manual and waiver form to be shared by all departments.
If you have any questions, please call James Mauldin, Assistant Director of Financial
Management Services, at 817.392.2438.
Tom Higgins
City Manager
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS