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5/26/2021 3:30:38 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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(f) Notwithstanding sections (d) and (e) above, the defense and indemnity <br />coverage afforded by this agreement to a past or present official, employee <br />or volunteer of a member entity (described in (a) or (b) above) is not broader <br />than the member entity's duty to defend and indemnify its official, employee <br />or volunteer pursuant to California Government Code sections 815 to 815.3, <br />825 to 825.6, and 995 to 996.6, inclusive and any amendments thereof. If the <br />member entity which employs the official, employee or volunteer is not <br />obligated under the Government Code to provide a defense, or to provide <br />indemnity, for a claim, or if said member entity refuses to provide such <br />defense and/or indemnity to said official, employee or volunteer, then this <br />agreement shall not provide for any such defense or indemnity coverage to <br />said official, employee or volunteer. <br />All immunities, defenses, rights and privileges afforded to a member entity <br />under Government Code sections 815 to 815.3, 825 to 825.6, and 995 to <br />996.6, inclusive and any amendments thereof, shall be afforded to the <br />Authority to bar any defense or indemnity coverage under this agreement to <br />that member entity's official, employee or volunteer. <br />(g) No person or entity is a covered party with respect to the conduct of any <br />current or past partnership, joint venture or joint powers authority unless all <br />members are covered parties under (a) or (b) herein. However, for any person <br />(1) who is an official, employee, or volunteer of an entity covered by (a) or (b) <br />herein, (2) who participates in the activities of any partnership, joint venture <br />or joint powers authority (or any separate agency or entity created under any <br />joint powers agreement by the named entity), and (3) who is acting for or on <br />behalf of an entity covered by (a) or (b) herein at the time of the occurrence, <br />then coverage is afforded by this agreement. Such coverage will be in excess <br />of and shall not contribute with any collectible insurance or other coverage <br />provided to the other joint powers authority, agency or entity. <br />(9) Dam means any artificial barrier, together with appurtenant works, which does or <br />may impound or divert water, and which either (a) is 25 feet or more in height from <br />the natural bed of the stream or watercourse at the downstream toe of the barrier, <br />or from the lowest elevation of the outside limit of the barrier, if it is not across a <br />stream, channel or watercourse, to the maximum possible water storage elevation; <br />or (b) has an impounding capacity of 50 acre-feet or more. <br />Memorandum of Coverage <br />Effective: 0710112019 <br />W <br />
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