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HomeMy WebLinkAbout1956 018 CC RESO1956 018 CC RESO ZX ZPIÌ8RESOLUTION NO, IL A RESOLUTION OF THE CITY OF BALDWIN PARK ESTABLISHING INSURANCE SPECIFICATIONS WHBIEAS, the City of Baldwin Park deems it advisable to have a general comprehensive insurance policy covering the City of Baldwin Park and all of its various agents or employees against the liability of every kind and with no exceptions except those set forth in the specifications hereby adopted. NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby RESOLVE, DETERMINE and ORDER, as follows: Section 1. The City Council of the City of Baldwin Park does here- by establish the following specifications for a general comprehensive insur- ance policy covering the City of Baldwin Park, to wit; 1. RATING; Insurance Company must be a California admitted company and have a rat- ing of A" or better in the latest edition of Best's Insurance Guide", and bidder roust state the name of the Insurance Company for whom he bids. If such company does not assume the entire insurance involved in coverage, it must assume as Primary insurance an amount of the total coverage not less than the minimum amount of capital required for an insurance covered by these Speci- fications, The bidder, in event the California admitted company does not as- sume the entire insurance involved in coverage, must offer Excess insurance for the balance of the amount of total coverage in an insurance carrier, whether admitted in California or not, which is satisfactory to the Assured. 2. TERM: The term of the policy is put on the basis of a one year, two year, or three year period each beginning at 12:01 o1 clock A.M., April 1, 19$6___^ as indicated under the several alternates shown on the Proposal Form and Specifications" pages, and subject to cancellation by either party as provided for in accordance with the conditions set forth in these specifications, 3. LIMITS: The limits of liability for any one accident without any aggregate limits shall be one of the two series of limits indicated below and as shown under the several alternates shown on the Proposal Form and Specifications" pages, and subject to cancellation by either party as provided for in accordance with the conditions set forth in these specifications. a. For any one accident without any aggregate limit; Bodily Injury Liability $100,000.00 each person, and subject to that limit for each person $300,000.00 for each accident. Liability and property damage $$0,000.00 b* For any one accident without any aggregate limit; Bodily Injury Liability, $200,000.00 each person, and subject to that limit for each person, $600,000*00 for each accident. Liability and property dajnage $100,000.00 k. ASSURED: City of Baldwin Park as now or hereafter constituted and including ap- pointed or elected officials and/or officers and/or agents and/or employees and/or other representatives when acting in their capacities as such on be- half of the said City of Baldwin Park, LOCATION OF PREMISES: In the City of Baldwin Park, and elsewhere in the State of California. BIB] 38238-U01 1956-U02 018-U02 CC-U02 RESO-U02 LI3-U03 FO52524-U03 FO52657-U03 DO52675-U03 C6-U03 RESO-U03 9/7/2004-U04 ROBIN-U04 1956 018 CC RESO ZX ZPIÌ86. VEHICLES COVERED; a* A schedule of automobiles, motor vehicles, vehicles and trailers oper- ated by the City of Baldwin Park and requiring express insurance is at- tached to these specifications, b. Bidder must satisfy himself of the correctness of any information he may receive surrounding such vehicles. 7. TIKE OF PAYM2JT: The premium payment will be made on or before sixty 60) days from incep- tion date, and on or before sixty 60) days from annual renewal date thereafter for each year the policy is in effect. If the policy is for a period of more than one year, payments will be made in equal annual installments. 8. FORM OF POLICY: The terms and conditions of the contract of insurance shall be in accord- ance with those set forth in the form of endorsement or rider which is to be attached to the policy and is to read as follows: ENDORSEMENT In consideration of the premium, anything in this policy to the contrary notwithstanding, it is understood and agreed by and between the City of Baldwin Park and the Company as follows, to-wit; A. ASSURED; This policy insures the City of Bald-win Park as now or hereafter constituted and including appointed or elected officials and/or officers and/or agents and/or employees and/or other representatives when acting in their capacities as such on behalf of the said City of Baldwin Park. B, LIMITS: The limits of liability for any one accident without any aggregate limits shall be one of the two series of limits indicated below and as shown under the several alternates shown on the proposal form and specifications pages, and subject to cancellation by either party as provided for in accordance with the conditions set forth in these specifications* a. For any one accident without any aggregate limit; Bodily Injury Liability $100,000.00 each person, and subject to that limit for each person, $300,000.00 for each accident. Liability and property dajnage $ 0,000*00 * For any one accident without any aggregate limit: Bodily Injury Liability, $200,000*00 each person, and subject to that limit for each person, $600,000.00 for each accident* Liability and property damage $100,000»00 C. TERM; The term of the policy is put on the basis of a one year, two year, or three year period each beginning at 12:01 A.M., April Ij. l0^________9 as indi- cated under the several alternates shown on the Proposal Form and Specifica- tions" pages, and subject to cancellation by either party as provided for in accordance with the conditions set forth in these specifications. BIB] 38238-U01 1956-U02 018-U02 CC-U02 RESO-U02 LI3-U03 FO52524-U03 FO52657-U03 DO52675-U03 C6-U03 RESO-U03 9/7/2004-U04 ROBIN-U04 1956 018 CC RESO ZX ZPIÌ8D. FLEET INSURANCE: 1, Coverage of City Owned Vehicles. a. Personal Injury or Death. This insurance covers any and all liability subject to ex- pressed limits of liability) attaching to assured and arising out of the use, operation, maintenance, or ownership of the described automobiles, and/or motor vehicles ajid/or vehicles and/or trailers, and arising out of or result- ing from bodily Injuries sustained during the policy period and/or death at ary time resulting therefrom, and including all interest, costs, legal and other expense, arising out of or in connection with claijn, demand, or legal proceeding, whether groundless or otherwise. b. Property Damage. This insurance covers any and all liability subject to ex- pressed limits of liability) attaching to the assured, for damage to property including any resultant loss of or use of property, attaching to and arising out of use, operation, maintenance or ownership of the described automobiles, motor vehicles, vehicles or trailers, and including allinterest, costs, legal and other expenses arising out of or in connection with claim, demand or legal proceeding, whether groundless or otherwise, and in the case of automobiles of the commercial type as the result of loading or unloading of merchandise in direct connection with the business of the City of Baldwin Park, 2* Coverage of Non City-Owned Vehicles, a. Subject to the above expressed limits and coverage, this company further agrees to insure the said assured against any and a]! liabi- lity imposed upon or attaching to said assured in consequence of or arising out of the use, maintenance or operation of any automobile, and/or motor vehicles, and/or vehicles, and/or trailers by whomsoever or however operated or employed, together with all interest, costs, legal or other expense aris- ing out of or in connection with claim, demand or legal proceeding, whether groundless or otherwise. b. Should any official, agent, employee or authorized repre- sentative of such municipality be named in any action or legal proceeding re- sulting from a claim for bodily injury and/or death and/or property damage, and merely because of his official or other connection with such municipality, this company will assume like responsibility therefor to the extent of his liability as such officer, agent, employee or authorized representative. c. It is expressly understood and agreed that the insurance provided herein for officers and/or agents, and/or employees and/or other re- presentatives does apply, as respects each individual to any automobile owned in full or in part, or registered in the name of such individual while said automobile is being used by said officer, agent, employee or other representa- tive who is acting within the scope of his employment. E. ERRORS AND OMISSIONS: The omission of, or an error in the number or description of any vehicles or trailers owned, or maintained by the named assured from the ori- ginal statement of vehicles or trailers or any subsequent report shall not operate to the prejudice of the named assured, and any vehicles or trailers omitted from such list shall be included under the policy from the inception date of the policy or at the date of the acquisition of such vehicles or trail- ers by the named assured and premium shall be paid thereon. F. SUBSEQUENT ACQUISITION; All vehicles or trailers acquired subsequent to the attachment of this policy shall be automatically insured hereunder and report of such acquisi- tion made to this company within thirty 30) days, but vehicles or trailers are automatically covered regardless of notice. A like report shall be rendered to this company with regard to vehicles or trailers disposed of or on which insurance is no longer required. BIB] 38238-U01 1956-U02 018-U02 CC-U02 RESO-U02 LI3-U03 FO52524-U03 FO52657-U03 DO52675-U03 C6-U03 RESO-U03 9/7/2004-U04 ROBIN-U04 1956 018 CC RESO ZX ZPIÌ8G. PREMIUM ADJUSTMENT: Additional or return premium on vehicles or trailers acquired or disposed of during currency of this policy shall be adjusted at proportionate pro rate rates. H. GENERAL PUBLIC LIABILITY AM) PROPERTY DAMAGE COVERAGE; 1. This policy insures the City of Baldwin Park as now or here- after constituted and including appointed or elected officials and/or officers and/or agents and/or employees and/or other representatives when acting in their capacities as such on behalf of the said City of Baldwin Park against any and all liability subject to the expressed limits of liability) contin- gent and otherwise for damages to persons or property and for bodily injuries, sickness or disease sustained during the policy period and/or death at any time resulting therefrom to person or persons, and/or both real and/or person- al property damage or property loss of any kind, including all interest, costs, legal and other expenses arising out of or in connection with any claim, demand or legal proceedings, whether groundless or otherwise* 2. It is understood and agreed that the coverage afforded by this policy shall, in addition to the above coverage, insure the officers and em- ployees of the assured against any liability for injuries or damages resulting from the dangerous or defective condition of public streets, highways, build- ings, parks, grounds, works and property, and due to their alleged negligence or carelessness or for any and all damages or injuries resulting from their negligence or carelessness during the course of their service or employment, Including claims for damages or injuries, for false arrest, false imprison- ment, malicious prosecution and other similar actions. 3. It is understood and agreed that the coverage afforded by this policy shall, in addition to the above coverage, insure the City of Baldwin Park, its officers and employees, against any fire legal liability to any property owned, rented, leased or used by the City, its officers or employees. I. EXCLUSIONS: It is mutually understood and agreed, however, that this policy does not cover: 1) Any obligation assumed by or imposed upon the insured by any workmen's compensation Act or Pension Law. 2) Damage or destruction to property owned, leased, occupied, rented or used by or in the custody and control of the insured. It is hereby agreed that automobiles, trailers or motorcycles, which are privately owned by employees in the City of Bald-win Park in the business of said City shall not be construed as being in charge of or in the care, custody or control of the said City of Baldwin Park. 3) Any liability of officers, employees or agents of the City of Baldwin Park for reimbursement of money or property losses to the City and growing out of acts of malfeasance in office of such officers, employees or agents, J. AGE: This policy shall cover damage, injuries or death caused by any person employed by the insured, regardless of age* K. ADDITIONAL COVERAGE: All public streets, highways, buildings, grounds, works or property acquired, added or constructed, and all acts or operations engaged in subsequent to the issuance of this policy shall be automatically insured hereunder* BIB] 38238-U01 1956-U02 018-U02 CC-U02 RESO-U02 LI3-U03 FO52524-U03 FO52657-U03 DO52675-U03 C6-U03 RESO-U03 9/7/2004-U04 ROBIN-U04 1956 018 CC RESO ZX ZPIÌ8L. REPORTS TO CTTY; The Company will, without cost to the City of Baldwin Park, keep the City Attorney advised of the progress of each claim and will make a final report of each case which will show, among other things, the disposition and total amount of money expended on said claim, M. RESIDENT AGMT: The company must maintain, within the City of Baldwin Park, a resident agent during the effective period of the policy, who is authorized to receive claims against the City. Said resident agent shall be a person or firm who has had an insurance business within the commercial area of the City for a period of not less than three 3) years immediately preceding the effec- tive date of the policy* N, INFORMATION TO BE VERIFIED BY" COMPANY: All of the foregoing insurance shall apply to the territory and property covered while used for any and aD- purposes, in all situations and by whomsoever used, and to said automobiles, motor vehicles, vehicles or trail- ers while used for any and all purposes, in all situations, and by whomsoever driven, and any statements of declarations made by the assured in writing, or otherwise, shall not be construed as warranties expressed or implied) and are afforded merely for information to be verified by the company. 0. CANCELLATION: This policy shall be cancelled at any time at the request of the assured, in which case the Company shall, upon demand and surrender of this policy, refund the excess of said premium above the customary short rate pre- mitun for the expired term. This policy may be cancelled ataiy time by the Company by giving the Assured a fifteen l5) days' written notice of cancella- tion with or without tender of the excess of paid premium above the pro rata premium for the expired term, which excess if not tendered shall be refunded on demand, Notice of cancellAtion shall state that said excess premium if not tendered) will be refunded on demand. Notice of cancellation served as herein set forth shall be sufficient notice. Such notice shall be in writing and for- warded by registered mail by or upon the City Clerk of the City of Baldwin Park, as the case may be, and in the event of cancellation shall be served also upon the City Administrator of the City of Baldwin Park at the same time and in the same manner as service is made upon the City Clerko P. PROVISIONS OF POLICY FORM SUPERSEDED; All of the terms and conditions of this endorsement or rider shall supersede, control and override any of the provisions of the policy form to which it is attached and any of the provisions of any endorsement attached to the policy that are in conflict or at variance with the terms and conditions of this endorsement or rider, Attached to and made a part of Policy Number Issued by the Dated at California, this day of 19 ADOPTED, SIGNED AND APPROVED THIS / day of A^^^C^ 19?6. /^^^ /. /^l^^L J^C^ r^L^ 7^ City Clerk of the City of mjw C/ Baldwin T>ark BIB] 38238-U01 1956-U02 018-U02 CC-U02 RESO-U02 LI3-U03 FO52524-U03 FO52657-U03 DO52675-U03 C6-U03 RESO-U03 9/7/2004-U04 ROBIN-U04 1956 018 CC RESO ZX ZPIÌ8STATE OF CALIFORNIA CODOTY OF LOS ANGELES ss CITY OF BALDWIN PARK I, Eljner Cook, City Clerk of the City of Baldwin Park, California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of said City and was approved by the Mayor of said City at a regular meeting of said City Council held on the 19th day of March, 19^6, and that it was adopted by the following vote: AYES: Councilmen Rimehflm^ C}ule^ Duskin and Libtlejohn.___________ NOES; Gouncilxen None.________________________________ ABSENT: Councilmen Tavlor.________________________________ City Clerk of Baldwin Park BIB] 38238-U01 1956-U02 018-U02 CC-U02 RESO-U02 LI3-U03 FO52524-U03 FO52657-U03 DO52675-U03 C6-U03 RESO-U03 9/7/2004-U04 ROBIN-U04