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Last modified
5/26/2021 3:30:38 PM
Creation date
5/26/2021 3:29:15 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
8/12/2020
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PERM
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CALIFORNIA JOINT POWERS RISK MANAGEMENT AUTHORITY <br />MEMORANDUM OF COVERAGE <br />PROGRAM YEAR: 2019 - 2020 <br />This coverage document shall be in effect from July 1, 2019 through June 30, 2020. <br />In consideration of the payment of the deposit premium, the Authority agrees with the <br />covered parties as follows: <br />SECTION I - COVERAGES <br />The Authority will pay up to the limit of coverage those sums for ultimate net loss in excess <br />of the retained limit that the covered parties become legally obligated to pay as damages <br />because of bodily injury, property damage, personal injury, public officials errors and <br />omissions or employment practices liability as those terms are herein defined and to <br />which this agreement applies, caused by an occurrence during the coverage period, <br />except as otherwise excluded. <br />This Memorandum of Coverage does not provide insurance, but instead provides for <br />pooled self-insurance pursuant to California Government Code section 990.8. This <br />Memorandum is a negotiated agreement among the members of the Authority and none <br />of the parties to the Memorandum is entitled to rely on any contract interpretation <br />principles that require interpretation of ambiguous language against the drafter of such <br />agreement. This Memorandum shall be applied according to the principles of contract <br />law, giving full effect to the intent of the members of the Authority, acting through the <br />Board of Directors in adopting this Memorandum. As the Authority is not an insurer, it <br />has no obligation to issue reservation of rights letters, nor.does it have an obligation to <br />provide "Cumis" counsel to a covered party in disputed coverage situations under <br />California Civil Code section 2860. Finally, failure to provide notice to a covered party of <br />any coverage dispute shall not operate to waive any of the provisions of this <br />Memorandum. <br />SECTION II - DEFINITIONS <br />1) Aircraft means a vehicle designed for the transport of persons or property <br />principally in the air. Aircraft does not include Small Unmanned Aircraft as defined <br />in 14 Code of Federal Regulations Section 107.3. <br />2) Airport means an area of land or water used or intended to be used for the landing <br />and taking off of aircraft; including an appurtenant area used or <br />Memorandum of Coverage <br />Effective: 0710112019 <br />
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