City of Avalon, CA General Liability Insurance

[§ 1, Ord. 1029-05, eff. April 14, 2005; § 1, Ord. 704, eff. August 17, 1981; § 1, Ord. 815, eff. December 3, 1987; amended 10-15-2019 by Ord. No. 1177-19, effective 11-14-2019]

(a)

Applicants for permits or franchises and parties to leases and contracts with the City of Avalon may be required by the Avalon Municipal Code or the City Manager to maintain a policy of general liability insurance. Such policy shall conform to the City's insurance requirements as adopted by resolution of the City Council or as required by the City's insurer or risk sharing pool. At minimum such policy shall:

(1)

Contain broad form commercial general liability insurance, or in the case of marine operations, the substantial equivalent, with respect to the premises, as applicable and the permittee, franchisee, contractor or lessees' activities with a combined single limit of not less than $1,000,000 per occurrence; $2,000,000 general aggregate; and $2,000,000 products/completed operations aggregate. Such insurance shall be produced by an insurer authorized to do business in California with a then-current Best's Insurance Guide Rating of not less than A-VII, shall name the City of Avalon, its officers, agents and employees as additional insureds, and shall contain a provision that prohibits cancellation, modification; and

(2)

Name the City as additional insured and contain a waiver of subrogation against the named insured or respective officers, employees, agents. General liability insurance can be provided in the form of an endorsement to the applicant's insurance as required by resolution of the City Council or as required by the City's insurer or risk sharing pool; and

(3)

Provide immediate written notice if: 1) any of the required insurance policies are terminated; 2) the limits of any of the required polices are reduced; 3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, applicant shall forthwith obtain and submit proof of substitute insurance; and

(4)

Provide primary insurance coverage at least as broad as required by resolution of the City Council or as required by the City's insurer or risk sharing pool. Any insurance or self-insurance maintained by the City shall be excess of the applicant's insurance and shall not contribute with it.

(b)

The applicant shall provide evidence of such insurance coverage by providing the City with a copy of the policy and/or a copy of a fully explanatory certificate of insurance, as determined by the City. The City reserves the right to review any and all of the required insurance policies and/or endorsements, but has no obligation to do so. Failure to demand evidence of full compliance with the insurance requirements set forth in this agreement or failure to identify any insurance deficiency shall not relieve applicant from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this agreement.