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CC RESOLUTION 4813
RESOLUTION NO. 4813 A RESOLUTION ESTABLISHING INSURANCE REQUIREMENTS FOR CITY CONTRACTS AND DELEGATING AUTHORITY FOR INSURANCE DETERMINATIONS TO THE CITY MANAGER OR DESIGNEE. The City Council of the City of El Segundo does resolve as follows: SECTION 1: Findings. The City Council finds and declares that: A. Persons or entities conducting business or other activities within the City should assume the inherent risks involved for services or functions performed by them in the City, on City property, or on behalf of the City; B. Consequently, the City Council wishes to establish certain requirements relating to liability insurance; C. It is in the public interest for the City Council to provide fair and consistent policies for establishing insurance limits; requiring certain coverage documents; and taking additional actions to ensure that the City and its residents are adequately protected; and D. The City Council recognizes that it cannot legislate a "bright line" for all circumstances requiring insurance. Accordingly, it is in the public interest to delegate authority to the Risk Manager to determine — based upon the criteria set forth in this Resolution —the level, type, and extent of any insurance required by the City for its contracts including, without limitation, permits issued in accordance with the El Segundo Municipal Code ("ESMC"). SECTION 2: Definitions. Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter: A. "Contracts" means both a contract as defined by applicable law (e.g., ESMC § 1-7-2) and permits issued in accordance with the ESMC for particular activities including, without limitation, special events and filming. B. "El Segundo Insurance Policies" means this Resolution. C. "Insurance Matrix" means attached Exhibit "A," which is incorporated by reference. D. "Public Works Contracts" means a contract issued in accordance with the Public Contracts Code or ESMC Chapter 1-7C. -1- E. "Risk Manager" means the City Manager, or designee. SECTION 3: Authority. The Risk Manager is authorized to implement this Resolution; make insurance coverage determinations for contracts in consultation with the City Attorney; and promulgate administrative policies and procedures that may be desirable to implement this Resolution. SECTION 4: Waiver Authority. Waiving insurance is strongly discouraged. However, there may be certain instances where the Risk Manager may determine that the public benefit provided by a person or entity outweighs any potential risk to the City of liability. To waive insurance, the Risk Manager must: A. Consult with the City Attorney for a full assessment of the City's risk; B. If the City Attorney concurs that the risk is low (using this Resolution as a reference), then the Risk Manager may waive the City's insurance requirements; C. If the City Attorney opines that the City may have a medium risk of liability, then the Risk Manager must obtain the City Manager's approval for an insurance waiver; D. If the City Attorney opines that the City may have a high risk of liability, then the Risk Manager must obtain the City Council's approval for an insurance waiver. SECTION 5: Insurance Matrix. The Insurance Matrix sets forth the City's general requirements as to insurance coverage and limits. It also generally identifies the City's standard contracts that should be used for each category of activity. The Risk Manager should first utilize the City's Insurance Matrix in all instances where the City requires insurance. SECTION 6: General Requirements. A. The following guidelines are set forth for purposes of determining liability coverage for the City of El Segundo. However, the City may require more or less in the way of insurance coverage, or other requirements, as needed for a particular contract. B. For all contracts, the El Segundo Insurance Policies require 1. A Certificate of Insurance; 2. An original endorsement naming City, its elected and appointed officials, employees, and volunteers as additional insureds; -2- 3. A.M. Best Company Rating equivalent to at least "A:VII." 4. Insurance must provide that the policy is in effect as of the project start date and cannot be canceled nor reduced in coverage or limits for the duration of the project. In case the insurer seeks to cancel, it must notify the City not less than thirty days before cancellation, except for non-payment of the insurance premium where cancellation may occur following a ten day notification. 5. The City must be named as loss payee and the insurer must waive all rights of subrogation against the City. 6. Coverage to be per occurrence; and 7. The contractor's insurance must be primary. C. Where auto insurance is required, primary coverage must be written on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto). If the contractor does not own autos, a non-owned auto endorsement to the General Liability policy is acceptable. D. Workers' Compensation/Employer's Liability must be written on a policy form providing workers' compensation statutory benefits as required by law. Employer's liability limits cannot be less than one million dollars per accident or disease. Employer's liability coverage must be scheduled under any umbrella policy described above. Unless otherwise agreed, the policy must be endorsed to waive any right of subrogation as to the City, its employees or agents. E. Copies of acceptable forms for insurance certificates and endorsements are collectively attached as Exhibit "B," to this Resolution and incorporated by reference. SECTION 7: Low risk. Contracts that are "low risk" are characterized by: A. Controlled setting. B. Little or no public exposure to bodily injury or property damage. C. No highly hazardous materials. D. No significant excavation or confined spaces. E. No significant activity in the public street. F. No overhead hazards. -3- G. No alcohol consumption SECTION 8:, Medium risk. Contracts that are "medium risk" are characterized by: A. Limited public exposure to bodily injury or property damage; B. Project of less than 1 month in duration and under 114 mile area; C. Excavation, construction, confined spaces or overhead hazard; D. Special events; E. In-street activities -Consumption of alcohol; F. Filming activities; G. Commercial leaseholds of City property; H. Project cost of$500,000 or less; and/or I. Professional Services with high exposure to result and/or unique construction or design. SECTION 9: High risk. Contracts that are "high risk" are characterized by: A. High public exposure; B. Projects of more than one month in duration; C. Projects of more than 1/4 mile in area; D. Hazardous materials involved; E. Excavation, construction, confined spaces, overhead hazard; F. Carnivals; and/or G. Special events. SECTION 10: Public Works Contracts. In addition to the general requirements for all contracts, Public Works Contracts must adhere to the following: A. Commercial general liability insurance must be provided on ISO Form No. GL 00 02 01 85 or 88. -4- B. Endorsements must be supplied on ISO Form No. CG 20 10 11 85, or equivalent C. All subcontractors must meet the same insurance requirements as the general contractor. SECTION 11: Environmental Determination. This Resolution is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.; "CEQA Guidelines") in that it is not a "project" for purposes of CEQA, as that term is defined by CEQA Guidelines § 15378. Specifically, this Resolution is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment (CEQA Guidelines § 15378(b)(5)). Further, even if this Resolution was deemed a "project," and therefore subject to CEQA, the Resolution would be exempt as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment (CEQA Guidelines § 15061(b)(3)). SECTION 12: Effective Date of this Resolution. This resolution will become effective immediately upon adoption. SECTION 13: City Clerk. The City Clerk will certify the passage and adoption of this Resolution; will enter the same in the book of original Resolutions of said City; and will make a minute of the passage and adoption thereof in the record of proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. ' /� PASSED AND ADOPTED this day of ,&4 2013. Carl Ja on, Mayor -5- ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of mem bers of the City Council of s aid City is five; that the foregoing Resolution No. 4813 was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the5-01 day of imard, 2013, and the same was so passed and adopted by the following vote: AYES: S NOES: 0 ABSENT: 0 ,. :STAIN: 0 ! A l Tr- y We F er, City Clerk APPROVED, S r F RM: Mark D. H=, IV i a ttorney i '1 By: , Karl H. Berger, A- istant City Attorney -6- -\ 4 CO Y c C U o O a) CG ° 0)E .. Q a. c y N Z } ° O C O N N < p �•E oa 0 ro d w 2�Q I- cn W-0 LL o 7= 0 0 Z H 3.S - 2 > c 5 t Ill U > a) E -0 O W E . a CL w T 0—. r 3 3 5 N 0 V E -00 O N O Z w -° w > > I- w.E c o J w J E O o v O c� 0 3o /)ci cZ o w J❑ca C o c a) c E c 0 fY O }2' O_ E fY O O=fY c 0 C,O O c 0 c I_ c O R 3 i2 .� 0 O O ea- 041 y W 3 II >- I o--y �°o=,w °° ai h 0°o g�+ (JI �'130 I JEA I J_EA I J°O I C) co C °2 —O O Q-' a mOtL m�Ofl �� i o ° J Q Q J C Q 0 0 ,M 04 �~ Q LL W7 U M0 W 0 7w � C �¢yv ¢ o O Cn xZ I- w a q 7 a ZZx -o Z H 3 w w w 0 w 0 w z w w w W U V) m va `b 0 0¢ C7 z W W N¢ C.7¢ C)w wU N}(Y Lu aZ yI_ .V M W d~ amp om_) om°� o.md amaz o= I.` LL NO w¢ w¢3 w¢�- w¢� w3 w ¢ O L 7. J to J et d'J Q 3 f Y J¢ f z' .U ' U . 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AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSH TYPE OF INSURANCE POLICY POLICY POLICY LIMITS LTR NUMBER EFFECTIVE EXPIRATION DATE DATE _ MM/DD/YY) kMM/DD/YY) GENERAL LIABILITY EACH OCCURRENCE ' $ COMMERCIAL GENERAL LIABILITY Fire Damage(Any nne time) 7 CLAIMS I 1 OCCUR Med Exp(Anv one person) $ MADE Personal Ada Injury $ General Aggreyace $ ' roducts-Comp/Op AGG $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ' PROJ LOC ECT AUTOMOBILE LIABILITY COMBINED SINGLE $ LIMIIT,(Ea accident) � I — NON-OWNED AUTOS BODILY INJURY $ (Per accident) — ANY AUTO — I . BODILY INJURY $ j $erson) ALL OWNED AUTOS PROPERTY $ SCHEDULED AUTOS DAMAGE (Per accident) HIRED AUTOS GARAGE LIABILITY F AUTO ONLY—E■ ns �'_ CCIDENT ANY AUTO OTHER THAN AUTO ONLY EA ACC AGG$ EXCESS LIABILITY --� l0CCIrrR EACH OCCURRENCE ;$ J AGGREGATE $ DEDUCTIBLE $ RETENTION s $ WORKERS COMPENSATION AND WC STATUTORY LIMIT $ E=MPLOYERS'LIABILTI ji I E.I.EACH ACCIDENT $ I E.I.DISEASE-EA $ ■ / EMPLOYEE ■ ' I I E.1.DISEASE-POLICY $ )JMIT OTHER` IDESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER. CANCELLATION CERTIFICATE HOLDER SHOULD ANY OF THE ABOV E DESCRIBED POLICIES BE CITY OF EL SEGUNDO CANCELLED BEFORE THE EX PIRATION DATE T HEREOF, THE PUBLIC WORKS DEPARTMENT ISSUING COMPANY W ILL ENDEAVOR TO MAI L * 30 DA YS 350 MAIN STREET WRITTEN NOTICE TO THE CERTI FICATE HOLDER NAMED TO THE EL SEGUNDO,CA 90245 LEFT, BUT FAILURE TO MAI L SUCH NOTICE SHALL I MPOSE NO OBLIGATION OR LIABILITY OF ANY KNID UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVE. POLICY NUMBER: BUSINESS AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED This endorsement modifies insurance provided under the following: THE CITY OF EL SEGUNDO,IT'S OFFICERS, OFFICIALS, EMPLOYEES,AGENTS AND VOLUNTEERS BUSINESS AUTO COVERAGE FORM It is agreed that the "Who Is An Insured"provision is amended to include as an Insured the person or organization designated below as an additional insured, subject to the following provisions: 1. This insurance applies only with respect to any Liability arising out of the operation of covered autos on the additional insured premises described below: 2. The Named Insured is authorized to act for such additional insured in all matters pertaining to this insurance, including receipt of notice of cancellation; 3. Return premium. if any, shall be paid to Named Insured; 4. Nothing,contained herein shall affect any right of recovery as a claimant ' Which the additional Insured would have if not designated as such. CITY OF EL SEGUNDO 350 MAIN STREET EL SEGUNDO, CA 90245 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS,LESSEES OR CONTRACTORS(FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Organization (If no entry appears above,the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED(Section II)is amended to include as an insured the person or organization shown in the Schedule,but only with respect to liability arising out of"your work"for that insured by or for you. Modifications to ISO form CG 20 10.11'85:, 1. The insured scheduled above includes,the Insured's officers,officials,employees,agents&volunteers. 2. This insur'arlce must be PRIMARY as respects the insured shown in the schedule above,or if excess, must stand in an unbroken chain of coverage excess of the Named Insured's Scheduled underlying primary coverage. In either event,any other insurance maintained by the Insured scheduled above is in excess of this insurance and cannot be called upon to contribute with it. 3. The insurance afforded by this policy cannot be cancelled except after thirty(30)days prior written notice by certified mail return receipt requested has been given to the Entity. 4. Coverage cannot extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Civil Code§2782(b). Signature-Authorized Representative Address CG 20 10 11 85 Insurance Services Office, Inc. Form (Modified) POLICY NUMBER: COMMERCIAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS [Form B] This endorsement modifies insurance provided under the following: THE CITY OF EL SEGUNDO,IT'S OFFICERS, OFFICIALS, EMPLOYEES,AGENTS AND VOLUNTEERS COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF EL SEGUNDO 350 MAIN STREET EL SEGUNDO, CA '90245 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the Person or organization shown in the schedule, but only with respect to liability arising out of"your work"for that insured by or for you. Reproduction of Insurance Services Office,Inc.Form INSURER: ISO FORM CG 20 10 22 85 : (MODIFIED) POLICY NUMBER: COMMERCIAL GENERAL LIABILITY ENDORSEMENT No.: EXHIBIT 1-A POLICY NUMBER: BUSINESS AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED This endorsement modifies insurance provided under the following: THE CITY OF EL SEGUNDO,IT'S OFFICERS, OFFICIALS, EMPLOYEES,AGENTS AND VOLUNTEERS BUSINESS AUTO COVERAGE FORM It is agreed that the "Who Is An Insured"provision is amended to include as an Insured the person or organization designated below as an additional insured, subject to the following provisions: 1. This insurance applies only with respect to any Liability arising out of the operation of covered auto: on the additional insured premises described below; 2. The Named Insured is authorized to act for such additional insured in all matters pertaining to this insurance, including receipt of notice of cancellation; 1 3. Return premium, if any, shall be paid to Named Insured; 4. Nothirigi'contained herein shall affect any right of recovery as a claimant which the additional Insured would have if not designated as such. CITY OF EL SEGUNDO 350 MAIN STREET EL SEGUNDO, CA 90245 POLICY NUMBER: COMMERCIAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS,LESSEES or CONTRACTORS [Form B] This endorsement modifies insurance provided under the following: THE CITY OF EL SEGUNDO,IT'S OFFICERS, OFFICIALS, EMPLOYEES,AGENTS AND VOLUNTEERS COMMERCIAL GENERAL LIABILITY COVERAGE'PART SCHEDULE Name of Person or Organization: CITY OF EL SEGUNDO 350 MAIN STREET EL SEGUNDO. CA 90245 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED(Section II) is amended to include as an insured the Person or organization shown in the schedule,but only with respect to liability arising out Of"Your work" for that insured by or for you. Reproduction of Insurance Services Office,Inc.Form INSURER: ISO FORM CG 20 10 22 85 : (MODIFIED) POLICY NUMBER: COMMERCIAL GENERAL LIABILITY ENDORSEMENT No.: EXHIBIT 1-A THIS ENDORSEMENT CHANGES THE POLICY,PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS,LESSEES OR CONTRACTORS(FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Organization (If no entry appears above,the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED(Section II)is amended to include as an insured the person or organization shown in the Schedule,but only with respect to liability arising out of"your work"for that insured by or for you. Modifications to ISO form CG 20 10 11 85:, 1. The insured scheduled aloe includes the Insured's officers,officials,employees,agents&volunteers. 2. This insurance must be PRIMARY as respects the insured shown in the schedule above,or if excess, must stand in an unbroken chain of coverage excess of the Named Insured's Scheduled underlying primary coverage. In either event,any other insurance maintained by the Insured scheduled above is in excess of this insurance and cannot be called upon to contribute with it. 3. The insurance afforded by this policy cannot be cancelled except after thirty(30)days prior written notice by certified mail return receipt requested has been given to the Entity. 4. Coverage cannot extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Civil Code §2782(b). Signature-Authorized Representative Address CG 20 10 11 85 Insurance Services Office, Inc. Form(Modified)