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LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion x Action x Resolution Work Session Meeting Date May 27, 2014 STAFF INITIAL --tv—P In preparation for the Farmers Market, staff prepared guidelines and an application for vendors. A copy is attached and was reviewed by a League attorney. One of the ever pre- sent issues is whether to require folks using City property to carry insurance. The League attorney left this to the discretion of the Council. He wrote: "Insurance requirements for farmers markets often cause a problem as many small vendors just don't carry insurance. While requiring insurance definitely helps to protect the city, I would guess that the majority of cities do not require farmers mar- ket vendors to have insurance as it eliminates many potential vendors. Based on my experience and the lack of claims, I do think it would be reasonable for the city to waive the insurance requirements. That decision, however, is up to the city. You might want to check with some potential vendors and get their reaction to the insur- ance requirement. If the city chooses not to require insurance, the city (but not the vendor) would still be covered by its LMCIT coverage for any claims. Generally speaking, the risk of liability to the city for this type of event is low. An injured person would have to show the city was negligent. Of course, the city can always get sued m4ardless of whether it has done anything wrong." The PCIC volunteer coordinating the event said the small-scale vendors she has been in contact with generally don't carry insurance and requiring insurance would hinder the a ity to get vendors to the event. As drafted, the agreement requires vendors to defend and indemnify the City and encourages (but does not require) insurance. The Council may adopt the guidelines as is or amend them prior to adoption. 0 STAFF RECOMMENDATIONO Motion to approve the Market Information and Guidelines/Policies for the 2014 Lauderdale Farmers Market.