HomeMy WebLinkAboutCity Council - 2001-65 RESOLUTION NO. 2001-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH REVISING RESOLUTION NO. 97-20
ESTABLISHING INSURANCE AND INDEMNITY REQUIREMENTS
WHEREAS, there are persons and organizations who are engaged in various
activities in the City, thereby subjecting the City to substantial risk of liability for damage to
property and injury to persons; and,
The City desires to establish insurance and indemnification requirements; and, in
appropriate cases, a procedure for the waiver thereof; and,
The City desires to establish internal staff responsibility for the administration of the
insurance required by this Resolution and delineate the authority to make adjustments to
requirements based upon unique and unusual circumstances.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Huntington Beach that the insurance coverage and indemnity requirements shall be as
follows:
SECTION I. DEFINITIONS AND FORMS REQUIRED
A. Definitions:
1 . "Contractors" are any persons or entities who contract with the City and/or
provide services to the City which are readily available and efficiently
procured by competitive bidding.
2. "Design Professionals" are professional services contractors who contract
with the City and/or provide architectural and/or engineering services to the
City.
3. "Licensees/Lessees" are any persons or entities who contract with the City
for the use of public property.
4. "Permittees" are any persons or entities who make application to the City for
any use of or encroachment upon any public street, waterway, pier, or City
property.
5. "Professional Services" are as defined by Huntington Beach Municipal Code
section 3.03.
0. "Vendors" are any persons or entities who transfers property or goods to the
City which may or may not involve delivery and/or installation.
B. Indemnity and Insurance Coverage Requirements Defined
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Res. No. 2001-65
1. General Liability: Combined single limit bodily injury and property damage:
Minimum limits of$1,000,000 per occurrence.
a. Coverage must include completed operations liability and blanket
contractual liability and, where products are furnished, products
liability.
b. If coverage is provided under a form which includes a designated
general aggregate limit, the aggregate limit must be no less than
$1,000,000 and the policy holder shall submit written notice of any
known depletion of limits to City attached to the proof of insurance.
C. Claims made policies are not acceptable, except that claims made
insurance for pollution liability shall be acceptable.
d. All deductibles, self-insured retentions, or alternative forms of
providing coverage must be approved through the Waiver Procedure
set forth in Section III to this Resolution.
e. The City, its, officers, elected or appointed officials, employees,
agents and volunteers are to be covered as additional insureds by
separate attached endorsement(s) as respects liability arising out of
action performed by or on behalf of the contractor, products and
completed operations of the contractor, premises owned, occupied or
used by the contractor; or automobiles owned, leased or borrowed by
the contractor. The coverage shall contain no special limitations on
the scope of protection afforded to the City, its agents, officers and
employees.
f. For any claims related to the project, the contractor's insurance
coverage shall be primary insurance as respects the City, its agents,
officers, and employees. Any insurance or self-insurance maintained
by the City, its agents, officers, and employees shall be excess of the
contractor's insurance and shall not contribute with it.
g. Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the City, its agents, officers and employees.
h. The contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
2. Workers Compensation and-Employers' Liability: In accordance with the
applicable state statutes with limits in the case of workers' compensation and
employers' liability in amounts not less than the State statutory limits.
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Res. No. 2001-65
Alternatively, a signed declaration of non-employee status shall be filed. A
certificate or consent to self-insure issued by the California Director of
Industrial Relations is also acceptable.
3. Professional Liability Insurance: Coverage must be provided at a minimum
of $1 ,000,000 per occurrence and in the aggregate.
a. Claims made policies are acceptable if the policy further provides that:
1 . The policy retroactive date coincides with or precedes the
professional services contractor's start of work (including
subsequent policies purchased as renewals or replacements).
2. The professional services contractor will make every effort to
maintain similar insurance during the required extended period
of coverage following project completion, including the
requirement of adding all additional insureds.
3. If insurance is terminated for any reason, professional services
contractor agrees to purchase an extended reporting provision
of at least two (2) years to report claims arising from work
performed in connection with this agreement or permit.
4. The reporting of circumstances or incidents that might give rise
to future claims.
4. Automobile Liability Coverage must be provided at a minimum of
$1,000,000 per occurrence.
a. If coverage is provided under a form which includes a designated general
aggregate limit, the aggregate limit must be no less than $1 ,000,000 and the
policy holder shall submit written notice of any known depletion of limits to
City attached to the proof of insurance.
b. All deductibles, self-insured retentions, or alternative forms of providing
coverage must be approved through the Waiver Procedure set forth in
Section III to this Resolution.
C. The City, its officers, elected or appointed officials, employees, agents and
volunteers are to be covered as additional insureds by separate attached
endorsement(s). The coverage shall contain no special limitations on the
scope of protection afforded to the City, its agents, officers and employees.
d. For any claims related to the project, the contractor's insurance coverage
shall be primary insurance as respects the City, its agents, officers, and
employees. Any insurance or self-insurance maintained by the City, its
agents, officers, and employees shall be excess of the contractor's
insurance and shall not contribute with it.
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Res. No. 2001-65
C. Certificate of Insurance Requirements Defined
1. Form. Evidence of insurance coverage and limits as required by the City
shall be furnished to the City as a certificate holder on the "Acord' or similar
form approved by the City Attorney. (See samples attached herein as Exhibit
"A„
a. Each insurance policy required by this Resolution shall be endorsed
to state that coverage shall not be suspended, voided or canceled by
either party, reduced in coverage or in limits except after thirty days
prior written notice; however, ten days prior written notice in the event
of cancellation for nonpayment of premium is acceptable for all
persons or organizations, except as required by the Standard
Specifications for Public Works Construction.
b. The description of work to be performed, the City department involved
in the performance, and the City staff contact person must be clearly
identified on the "Acord" or similar form evidencing insurance
coverage.
C. All forms of insurance shall identify the City of Huntington Beach, its
officers, elected or appointed officials, employees, agents and
volunteers as an additional insured by separate attached
endorsement with respect to general liability and automobile liability
coverages.
d. Contractors shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and endorsements for
each subcontractor. All coverages for subcontractors shall be subject
to all of the requirements stated herein.
2. Approval of Certificate Insurance certificates must be approved by the
City Attorney prior to commencement of any performance under a contract
or issuance of any permit, as authorized by the City Charter.
3. Acceptability of Insurers Insurance must be placed with insurer with a
Best's rating of no less than A: VII and insurer must be a California admitted
carrier.
SECTION II INSURANCE AND INDEMNIFICATION REQUIREMENTS
A. INSURANCE
1. Contractors and Permittees must meet the requirements as set forth in
Exhibit "B" incorporated by reference and attached herein.
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Res. No. 2001-65
2. Professional Services providers must meet the requirements as set forth in
Exhibit "C" incorporated by reference and attached hereto.
3. Licensees/Lessees must meet the requirements as set forth in Exhibit "D"
incorporated by reference and attached hereto.
4. Vendors
a. Vendors supplying goods including delivery, service and/or installation
must meet the requirements of Exhibit "B".
b. Vendors supplying goods only without delivery, service and/or
installation are required to provide products liability coverage only.
5. The insurance requirements of persons or organizations not identified herein
shall be as designated by the agreement. All certificates of insurance
designated must conform to the requirements of this Resolution_
6. Exceptions.
a. Public entities are exempt from the requirements of this resolution.
Any insurance and indemnity requirements of a public entity shall be
pursuant to Section II(A)(5).
b. Persons providing judicial or quasi-judicial services as independent
contractors, such as judges, arbitrators, hearing officers, expert
witnesses, and court reporters shall be exempt from all insurance
coverage requirements. Any insurance and indemnity requirements
shall be pursuant to Section II(A)(5).
G. Each person making application for a permit for private property
construction, alteration, improvement, demolition, or repair of any
building or structure shall sign a declaration under penalty of perjury
verifying workers' compensation coverage or exemption from
coverage, as required by Section 19825 of the Health and Safety
Code and, at the time of permit issuance, contractors shall show their
valid workers' compensation insurance certificate.
d. Persons contacting with the City under subdivision agreements are
exempt from providing evidence of workers' compensation.
e. Oil operators as regulated by Huntington Beach Municipal Code
Section 15.16 and pipeline franchises as regulated by Huntington
Beach Municipal Code Section 3.44 are exempt from the
requirements of this resolution.
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Res. No. 2001-65
f. Taxicabs/Vehicles-for-hire as regulated by Huntington Beach
Municipal Code Section 5.50 are exempt from the requirements of this
resolution.
g. Trucking companies, including those regulated under Huntington
Beach Municipal Code Section 10.32, are exempt from the minimum
insurance requirements of this resolution but must submit proof of
workers' compensation insurance and general liability insurance in
accordance with the requirements of the Public Utilities Commission
(PUC) regulations which include: 1) the general liability insurance
requirements are $600,000 combined single limit or $250,000 bodily
injury or death of one person and $500,000 protection against total
liability for bodily injury or death of more than one person from any
one accident. 2) this is subject to the same $250,000 limitation for
each person and $100,000 protection for accidental damage or
destruction of property other than property being transported. 3) the
City of Huntington Beach must be named as certificate holder but
does not need to be named as additional insured.
7. Indemnity
a. Contractors and Permittees shall be required to indemnify City,
pursuant to the indemnity provision attached hereto and incorporated
herein by this reference as Exhibit "E".
b. All design professionals shall be required to indemnify City pursuant
to the indemnity provision attached hereto and incorporated herein by
this reference as Exhibit "F".
C. All other persons or organizations, including but not limited to
professional service providers other than Design Professionals as
defined by this Resolution, shall be required to indemnify City,
pursuant to the indemnity provision attached hereto and incorporated
by reference as Exhibit "G".
SECTION III. WAIVER OR MODIFICATION PROCEDURE
A. Waivers or Modification Request Form.
A department Request for Waiver or Modification, Exhibit "H" attached, shall be completed
and forwarded to the Risk Manager for all requests for waiver or modifications of the
minimum indemnification and insurance requirements.
B. Waiver or Modification Authority.
The Risk Manager and the City Attorney may approve any waiver or modification of the
insurance and indemnification requirements, including requests for indemnification of third
parties. A denial may be appealed to the City Administrator.
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Res. No. 2001-65
C Waiver Criteria.
The criteria to evaluate any requests for waiver shall include the following:
a. The type of waiver or modification requested;
b. The reason for the waiver or modification;
C. The nature of the scope of work;
d. The cost of the contract;
e. The liability exposure of the City;
f. The cost and availability of the coverage requested;
g. The claim history of the requesting party;
h. The past experience of the City with the requesting party; and
i. The past experience of the City with other contracting parties of a
similar nature.
SECTION IV.Resolution 9720 and all other resolutions in conflict herewith are
hereby repealed.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held 17th day of September 2001.
ATTEST: Mayor
City Clerk APPROVED AS TO FORM:
City Attorney 101
?-36-0 f U v
REVIEWED, CO-INITIATED AND APPROVED:
Le
I
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City Attorney
REVIEWED, CO-INITIATED AND APPROVED:
City AdmVilistrator
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Res.No.2001-66
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pApOucER THIS CERTIFICATE lS ISSUED AS A MATTER OF INPORMATtI
ONLY ANO CONFERS NO RIGHTS IF� ?N ERTIFICA
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ALTER THE COVERAGE AFFORDEQ SY THE POLICIES BELL
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THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIC
INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY (HAVE BEEN REDUCED BY PAID CLAIMS.
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S`0UL7 ANY OF THE ABOVE DESCFt[BEO POLICIES BE CANCELLED BEFOr
City of Huntington Beach EXPIRATION PATE THEREOF, THE ISSUING COMPANY YrLL
Risk Management Division DAYS WRITTEN NOTICE TO THE CERTIFICAT?HOLOEA NA-MED TO TH
2000 Main Street e}Lk��k� -
Huntington Beach, CA 426A-S �- y
AUTHORIZED REPRESENTATIVE
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EXHJBIT A pglof3
POLICY NUMBER: COMMERCIAL GENERAL Aar ff 1.65
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
SCHEDULE
Name of Person or Organization; THE CITY OF HUNTINGTON BEACH
2000 Main Street
Huntington Beach, CA 92648
(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
RE: ALL OPERATIONS OF THE NAMED INSURED FOR THE CERTIFICATE HOLDER,
City of Huntington Beach, its elected or appointed officials, agents, officers, employees and
volunteers
CG 20 10 11 85 Copyright. Insurance Services Cffice, Inc., 1984
EXHIBIT A pu 2 of 3
STATE P.O.BOX 420807,SAN FRANCISCO,CA 94142-0807 Res.No.2001-65
COMPENSATION
(INSURANCE
FUND CERTIFICATE OF WORKER' COMPENSATION_.INSURANCE Q p F
' POUCYN BER
fi
CERTIFkCATE EXPIRES
CITY OF HUNTING OWBEACH
RISK MANAGEMENT
wA
2000 MAR N STREET : . :. ,
HUNTINGTON BEACH;,,,-CA 92648
L
This is to certify that we have issued a valid Workers'Compensation insurance policy in a form approved by the California
Insurance Commissioner to the employer named below for the policy period Indicated.
30
This policy is not subject to cancellation bythe Fund except upon tays'advance written notice to the employer.
30
We will also give you TRW-days'advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the
policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with
respect to which this certificate of Ihsurance may be'issued or, may pertain, the insprarfce afforded.by the policies
described herein is subject to all the terms,'exclusions and conditions:of such policies.
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AUTHORIZED REPRESENTATIVE tESIDEIVT
EMPLOYER' S LIABILITY LIMIT INCLUDING--DEFENSE COSTS. $1,f0001030 pER ;OCCURRi*NCE.
ENDORSEMENT #i:2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE
07/01/00 IS ATTACHED TO AND FORMS A FART OF THIS POLICY,
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THIS DOCUMENT HAS A 13LUE
Ei
Res.No.2001-65
Res. No.2009-65
EXHIBIT B
INSURANCE REQUIREMENTS FOR CONTRACTORS,AND PERMITTEES
PLEASE GIVE THESE INSURANCE REQUIREMENTS TO YOUR INSURANCE AGENT
Minimum Limits of Insurance
City Council Resolution_2001-L65 requires submittal of certificates of insurance evidencing the following minimum limits
with a California admitted carrier with a current A.M.Best's Rating of no less than A:VII:
1. General Liability: $1,000,000 per occurrence for bodily injury,personal injury and property damage. If
Commercial General Liability Insurance or other form with a general aggregate limit is used,either the general
aggregate limit shall apply separately to this projectllocation or the general aggregate limit shall be twice the
required occurrence limit. "Claims made"designation is only acceptable for professional or pollution liability
insurance.
The City of Huntington Beach, its officers,elected or appointed officials.Mployees,agents and volunteers must
be named as certificate holder and as additional insured by separate attached endorsement. (This wording must be
exact).
2. Workers' Compensation and Employer's Liability: State statutory limits of$250,000 bodily injury by disease,
policy limit,and$100,000 bodily injury each employee for accident or disease per occurrence. If you have no
employees,you must sign a Declaration of Non-employee Status form available from the City. In lieu of a
certificate of insurance,a certificate of consent to self-insure issued by the California Director of Industrial
Relations is also acceptable.
3. Automobile liability of$1,000,000 per occurrence for bodily injury,personal injury and property damages. The
City of Huntington Beach,its officers, elected or appointed officials,employees,agents and volunteers must be
named as certificate holder and as additional insured by separate attached endorsement. (This wording must be
exact).
Deductibles, Self-Insured Retentions,or Similar Forms of Coverage Limitations or Modifications
Any deductibles, self-insured retentions or similar forms of coverage limitations or modifications,must be declared to and
approved by the City of Huntington Beach.
Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and
endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated
herein.
Description of Work to be Performed
The staff contact-and purpose of the evidence of coverage must be identified.
Notice of cancellation requirements
The City requires 30-day notice of cancellation The words"endeavor to"and"failure to mail such notice shall impose no
obligation nor liability of any kind upon the company, its agents or representatives"must be removed or stricken out if they
appear on a certificate. An exception for notice of cancellation of 10 days for non-payment of premium or non-reporting of
payroll is acceptable, except in contracts subject to the Green Book'specifications.
AGAIN, PLEASE FORWARD THIS NOTICE TO YOUR INSURANCE AGENT,
FOR ASSISTANCE, PLEASE CONTACT RISK MANAGEMENT
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Res.No.2001-66
Res.No.2001-65
EXHIBIT C
INSURANCE REQUIREMENTS PROFESSIONAL
SERVICE CONTRACTORS
PLEASE GIVE THESE INSURANCE REQUIREMENTS TO YOUR INSURANCE AGENT
Minimum Limits of Insurance
City Council Resolution No. 2001-65 requires submittal of certificates of insurance evidencing the
following minimum limits with a California admitted carrier with a current A.M. Best's Rating of no
less than A:VII :
Errors and Omissions liability: $1,000,000 per occurrence.
Deductibles Self-Insured Retentions or Similar Forms of Coverage Limitations or Modifications
Any deductibles, self-insured retentions or similar forms of coverage limitations or modifications,must
be declared to and approved by the City of Huntington Beach.
Description of Work to be Performed
The staff contact and purpose of the evidence of coverage must be identified.
Notice of cancellation requirements
The City requires 30-day notice of cancellation The words"endeavor to"and"failure to mail such
notice shall impose no obligation nor liability of any kind upon the company, its agents or
representatives"must be removed or stricken out if they appear on a certificate. An exception for
notice of cancellation of 10 days for non-payment of premium or non-reporting of payroll is acceptable,
except in contracts subject to the Green Book specifications.
0 1 resoInsreq/8/28/01
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Res.No.2001-65
Res.No.2001-66
EXHIBIT D
INSURANCE REQUIREMENTS FOR LESSEESILICENSEES
PLEASE GIVE THESE INSURANCE REQUIREMENTS TO YOUR INSURANCE AGENT
Minimum Limits of Insurance
City Council Resolution 97-20 requires submittal of certificates of insurance pursuant to the form set forth in
Resolution No.2001-65 evidencing the following minimum limits with a California admitted carrier-with a
current A.M. Best's Rating of no less than A:V11:
1. General Liability: $1,000,000 per occurrence for bodily injury,personal injury and property damage.
If Commercial General Liability Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this project/location or the general aggregate limit
shall be twice the required occurrence limit. "Claims made" designation is only acceptable for professional or
pollution liability insurance.
For general liability certificate holder,the City of Huntington Beach, its elected or appointed officials,agents,
officers, employees,and volunteers must be named as certificate holder and as additional insured by separate
attached endorsement. (This wording must be exact).
2. Workers Compensation and Employer's Liability: State statutory limits of$250,000 bodily injury by disease,
policy limit,and$100,000 bodily injury each employee for accident or disease per occurrence. If you have no
employees,you must sign a Declaration of Non-employee Status form available from the City. In lieu of a
certificate of insurance,a certificate of consent to self-insure issued by the California Director of Industrial
Relations is also acceptable..
3. Property Insurance: Full replacement cost with no coinsurance penalty provision.
Deductibles, Self-Insured Retentions, or Similar Forms of Coverage Limitations or Modifications
Any deductibles, self-insured retentions or similar forms of coverage limitations or modifications, must be
declared to and approved by the City of Huntington Beach_
Description of Work to be Performed
The staff contact and purpose of the evidence of coverage must be identified.
Notice of cancellation requirements
The City requires 30-day notice of cancellation The words "endeavor to"and "failure to mail such notice shall
impose no obligation nor liability of any kind upon the company, its agents or representatives" must be removed
or stricken out if they appear on a certificate. An exception for notice of cancellation of 10 days for non-
payment of premium or non-reporting of payroll is acceptable, except in contracts subject to the Green Book
specifications.
AGAIN, PLEASE FORWARD THIS NOTICE TO YOUR INSURANCE AGENT,
FOR ASSISTANCE, PLEASE CONTACT RISK MANAGEMENT
EXHIBIT D
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Res. No.2001-65
Res.No.2001-65
EXHIBIT E
TO RESOLUTION NO. 2001-65
CONTRACTOR'S INDEMNIFICATION, DEFENSE, HOLD HARMLESS
Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or
appointed officials, employees, agents, and volunteers from and against any and all, claims, damages,
losses, expenses,judgments, demands defense costs, and consequential damage or liability of any kind
or nature, however caused, including those resulting from death or injury to Contractor's employees
and damage to Contractor's property, arising directly or indirectly out of the obligations or operations
herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the
Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable, including but not limited to concurrent active or passive
negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the
City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection
of contractor's counsel. City shall be reimbursed for all costs and attorney's fees incurred by City in
enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether
any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by Contractor.
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Res.No.2009-65
Res.No.2001-65
EXHIBIT F
TO RESOLUTION NO. 2001-65
INDEMNIFICATION.DEFENSE, AND HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its
officers, elected or appointed officials, employees, agents and volunteers from and against any and all
claims, damages, losses, expenses, demands, and defense costs (including without limitation, costs and
fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with
CONSULTANT's performance of this Agreement or its failure to comply with any of its obligations
contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or
damage which was caused by the sole negligence or willful misconduct of CITY. CITY shall be
reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this
obligation. CONSULTANT will conduct all defense at its sole cost and expense, and the CITY shall
approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation
upon the amount of indemnification to be provided by the CONSULTANT_
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Res.No.2001-65
Res.No.2001-65
EXHIBIT G
TO RESOLUTION NO. 200�Gs
INDEMNIFICATION DEFENSE AND HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its
officers, elected or appointed officials, employees, agents and volunteers from and against any and all
claims, damages, losses, expenses,judgments, demands and defense costs(including, without
limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or
in connection with"CONSULTANT's (or CONSULTANT's subcontractors, if any)negligent
performance of this Agreement or its failure to comply with any of its obligations contained in this
Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which
was caused by the sole negligence or willful misconduct of CITY. CITY shall be reimbursed by
CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation.
CONSULTANT will conduct all defense at its sole cost and expense and the CITY shall approve
selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as limitation upon the
amount of indemnification to be provided by the CONSULTANT.
01 reso./i nsreq/8/28/01
10
Res.No.2001-65
Res.No.2001-65
EXHIBIT H
CITY OF HUNTINGTON BEACH
APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION
1. Name/Title/Department of Requesting Staff Member
2. Date of Request
3. Name of ContractorlPermittee
4. Description of work to be performed
5. Value of Contract
6. Length of Contract
7. Type of Waiver or Modification Requested:
8. Reason for Request for Waiver or Reduction of Limits
9. Identify the risks to the City if this request for waiver or modifications granted
Department Head Signature_
RECOMMENDATION
RISK MANAGER
Approve Deny Signature/Date
CITY ATTORNEY
Approve Deny Signature/Date I 1 1
City Administrator approval is required for this waiver. (This form must be submitted to the City Administrator_}
CITY ADMINISTRATOR
Approve Deny Signature/Date
U 1 resor'insreq/812$10 2
14
Res. No. 2001-65
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
1, CONNIE BROCKWAY, the duly elected, qualified City Clerk of
the City of Huntington Beach, and ex-officio Clerk of the City Council of said
City, do hereby certify that the whole number of members of the City Council
of the City of Huntington Beach is seven; that the foregoing resolution was
passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council at a regular meeting thereof held on the 17th
day of September, 2001 by the following vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff,
Bauer
NOES: None
ABSENT: Norse
ABSTAIN: None
City Clerk and ex-officio lerk of the
City Council of the City of
Huntington Beach, California