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HomeMy WebLinkAbout14-011 CC ResolutionRESOLUTION NO. 14 -11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING INSURANCE REQUIREMENTS FOR TAXICAB OPERATORS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. The City Council finds, determines and declares that A. On February 11, 2014 the City of Temecula (the "City ") reviewed and considered Ordinance No. 14 -01, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING IN ITS ENTIRETY CHAPTER 12.08 OF THE TEMECULA MUNICIPAL CODE RELATING TO TAXICABS." B. Proposed Section 12.08.030 of the Temecula Municipal Code of Ordinance No. 14 -01 provides that before any taxicab operator permit is issued for a prospective taxicab operator, the operator shall procure and maintain during the term of the permit, at its cost, insurance with such coverage and provisions as established by resolution of the City Council. C. The City Council desires to establish and adopt the insurance requirements by Council resolution as authorized in proposed Section 12.08.030 of the Temecula Municipal Code of Ordinance No. 14 -01. D. The findings set forth above are hereby adopted in support of this Resolution. Section 2. Taxicab Insurance Requirements. In accordance with proposed Section 12.08.030 of the Temecula Municipal Code, the City Council hereby adopts the following insurance requirements to be applied to taxicabs, as defined in Chapter 12.08 of the Temecula Municipal Code: "CITY OF TEMECULA TAXICAB INSURANCE REQUIREMENTS Operator shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Operator, its agents, representatives, or employees. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. Resos 14 -11 1 1 2. Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the operator owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the operator has no employees while performing under this Agreement, worker's compensation insurance is not required, but operator shall execute a declaration that it has no employees. B. Minimum Limits of Insurance. Operator shall maintain limits no less than: 1. General Liability: One Million Dollars ($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. 2. Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage. 3. Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. Worker's Compensation insurance is required only if operator employs any employees. Operator warrants and represents to the City of Temecula, Temecula Community Services District, and /or the Successor Agency to the Temecula Redevelopment Agency that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). D. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the operator; products and completed operations of the operator; premises owned, occupied or used by the operator; or automobiles owned, leased, hired or borrowed by the operator. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Resos 14 -11 2 Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2. For any claims related to this project, the operator's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self- insured maintained by the City of Temecula, Temecula Community Services District, and /or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the operator's insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4. The operator'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. 5. Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 6. If insurance coverage is canceled or, reduced in coverage or in limits the operator shall within two (2) business days of notice from insurer phone, fax, and /or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. E. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. F. Verification of Coverage. Operator shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the operator's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications." Resos 14 -11 3 n 1 Section 3. Effective Date. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon the effective date of Ordinance No. 14 -01, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING IN ITS ENTIRETY CHAPTER 12.08 OF THE TEMECULA MUNICIPAL CODE RELATING TO TAXICABS." In the event Ordinance No. 14 -01 does not go into effect, this Resolution shall be null and void and shall have no force or effect. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 11 th day of February, 2014. aryann Edwards, Mayor ATTEST: Gwyn R. res, OMC Acting City Clerk [SEAL] Resos 14 -11 4 C' 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Gwyn R. Flores, CMC, Acting City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 14 -11 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 11th day of February, 2014, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Naggar, Roberts, Washington, Edwards NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None wyn R- CMC Acting City Clerk Resos 14 -11 5