South Coast Air Quality/AB 2766 DMV Fee Funding 11Contract No. ML11035
South Coast ICreaawn Tmnspodntion
g ro fm the MSRC
Air Quality Management District Fun
LOCAL GOVERNMENT MATCH PROGRAM CONTRACT
PARTIES - The parties to this Contract are the South Coast Air Quality Management District (hereinafter
referred to as "AQMD") whose address is 21865 Copley Drive, Diamond Bar, California 91765-4178, and the
City of La Quinta (hereinafter referred to as "CONTRACTOR") whose address is 78-945 Calle Tampico, La
Quinta, California 92253.
2. RECITALS
A. AQMD is the local agency with primary responsibility for
the geographical boundaries of the South Coast Air
California (State). AQMD is authorized under State Hea
(AB) 2766) to levy a fee on motor vehicles for the purpi
and to implement the California Clean Air Act.
B. Under AB 2766 the AQMD'S Governing Board has auth
vehicle fee. By taking such action the State's Departme
such fee and remit it periodically to AQMD.
C. AB 2766 further mandates that thirty (30) percent of suc
into a separate account for the sole purpose of impler
pollution from motor vehicles.
D. AB 2766 creates a regional Mobile Source Air Pollu
develop a work program to fund projects from the sepa
program by AQMD'S Governing Board, AQMD Board
services described in Attachment 1 - Statement of Work
and made a part hereof of this Contract.
E. CONTRACTOR has met the requirements for receipt i
CONTRACTOR's Local Government Match Program Ap
3.
gulating stationary source air pollution within
iality Management District in the State of
& Safety Code Section 44225 (Assembly Bill
of reducing air pollution from such vehicles
zed the imposition of the statutorily set motor
of Motor Vehicles (DMV) is required to collect
vehicle registration fees be placed by AQMD
nting and monitoring programs to reduce air
Reduction Review Committee (MSRC) to
account. Pursuant to approval of the work
iorized a contract with CONTRACTOR for
�ressly incorporated herein by this reference
AB 2766 Discretionary Funds as set forth in
cation dated April 5, 2011.
DMV FEES - CONTRACTOR acknowledges that AQMD I cannot guarantee the amount of fees to be
collected under AB 2766 will be sufficient to fund this (
AQMD'S receipt of funds is contingent on the timely
responsibility for the collection and remittance of motor,
manner.
AUDIT - Additionally, CONTRACTOR shall, at least ono
termination of the Contract if the term is less than two
authorized representative to determine if the revenues n
reduction of pollution from Motor Vehicles pursuant to the
such audit through CONTRACTOR'S audit staff. If an ai
AQMD may withhold revenue from CONTRACTOR in
inappropriately expended. Such withholding shall not be c
relieve CONTRACTOR of its obligation to perform under the
i. CONTRACTOR further acknowledges that
nice by State's DMV. AQMD assumes no
registration fees by DMV to AQMD in a timely
every two years, or within two years of the
:ars, be subject to an audit by AQMD or its
eived by CONTRACTOR were spent for the
lean Air Act of 1988. AQMD shall coordinate
)unt is found to be inappropriately expended,
e amount equal to the amount which was
nstrued as AQMD'S sole remedy and shall not
erms of this Contract.
Contract No. ML11035
5. REPORTING - CONTRACTOR shall submit reports to AQMD as outlined in Attachment 1 - Statement of
Work. AQMD reserves the right to review, comment, and request changes to any report produced as a
result of this Contract.
6. TERM - The term of this Contract is twelve (12) months from the date of execution by both parties, unless
terminated earlier as provided for in Clause 7 below entitled Termination, extended by amendment of this
Contract in writing, or unless all work is completed and a final report is submitted and approved by AQMD
prior to the termination date. No work shall commence prior to the Contract start date, except at
CONTRACTOR'S cost and risk, and no charges are authorized until this Contract is fully executed. Upon
written request and with adequate justification from CONTRACTOR, the MSRC Contracts Administrator may
extend the Contract up to an additional six months at no additional cost. Term extensions greater than six
months must be reviewed and approved by the MSRC.
TERMINATION - In the event any party fails to comply with any term or condition of this Contract, or fails to
provide the services in the manner agreed upon by the parties, including, but not limited to, the requirements
of Attachment 1 - Statement of Work, this shall constitute a material breach of the Contract. The
nonbreaching party shall have the sole and exclusive option either to notify the breaching party that it must
cure this breach within fifteen (15) days or provide written notification of its intention to terminate this
Contract with thirty (30) day's written notice. Notification shall be provided in the manner set forth in Clause
14 below, entitled - Notices. Termination shall not be the exclusive remedy of the nonbreaching party. The
nonbreaching party reserves the right to seek any and all remedies provided by law. AQMD will reimburse
CONTRACTOR for actual costs incurred (not to exceed the total Contract value), including all
noncancellable commitments incurred in performance of this Contract through the effective date of
termination for any reason other than breach.
8. EARLY TERMINATION — This Contract may be terminated early due to any of the following circumstances:
A. The vehicles or equipment become inoperable through mechanical failure of components or systems
directly related to the alternative fuel technology being utilized and such failure is not caused by
CONTRACTOR'S negligence, misuse, or malfeasance.
B. The fueling station becomes inoperable, and is either not technically able to be repaired, or is too costly
to repair, and such failure is not caused by CONTRACTOR's negligence, misuse, or malfeasance.
9. INSURANCE
A. CONTRACTOR shall furnish evidence to AQMD of workers' compensation insurance for each of its
employees, in accordance with either California or other states' applicable statutory requirements prior to
commencement of any work on this Contract.
B. CONTRACTOR shall fumish evidence to AQMD of general liability insurance with a limit of at least
$1,000,000 per occurrence, and $2,000,000 in a general aggregate prior to commencement of any work
on this Contract. AQMD shall be named as an additional insured on any such liability policy, and thirty
(30) days written notice prior to cancellation of any such insurance shall be given by CONTRACTOR to
AQMD.
C. CONTRACTOR shall fumish evidence to AQMD of automobile liability insurance with limits of at least
$100,000 per person and $300,000 per accident for bodily injuries, and $50,000 in property damage, or
$1,000,000 combined single limit for bodily injury or property damage, prior to commencement of any
work on this Contract. AQMD shall be named as an additional insured on any such liability policy, and
Contract No. ML11035
thirty (30) days written notice prior to cancellation of any such insurance shall be given by
CONTRACTOR to AQMD.
D. If CONTRACTOR fails to maintain the required insurance coverage set forth above, AQMD reserves the
right either to purchase such additional insurance and to deduct the cost thereof from any payments
owed to CONTRACTOR or terminate this Contract for breach.
E. All insurance certificates should be mailed to: AQMD Risk Management, 21865 Copley Drive, Diamond
Bar, CA 91765-4178. The AQMD Contract Number must be included on the face of the certificate.
F. CONTRACTOR must provide updates on the insurance coverage throughout the term of the Contract to
ensure that there is no break in coverage during the period of contract performance. Failure to provide
evidence of current coverage shall be grounds for termination for breach of Contract.
10. INDEMNIFICATION — CONTRACTOR agrees to hold harmless, defend, and indemnify, AQMD, its officers,
employees, agents, representatives, and successors -in -interest against any and all loss, damage, cost, or
expenses which AQMD, its officers, employees, agents, representatives, and successors -in -interest may
incur or be required to pay by reason of any injury or property damage caused or incurred by
CONTRACTOR, its employees, subcontractors, or agents in the performance of this Contract.
11. PAYMENT
A. AQMD shall pay CONTRACTOR a Firm Fixed Price of Twenty Five Thousand Three Hundred Sixty
Eight Dollars ($25,368) upon completion of the project on a reimbursement basis. Any funds not
expended upon early contract termination or contract completion shall revert to the AB 2766
Discretionary Fund. Payment of charges shall be made by AQMD to CONTRACTOR within thirty (30)
days after approval by AQMD of an itemized invoice prepared and furnished by CONTRACTOR.
B. An invoice submitted to AQMD for payment must be prepared in duplicate, on company letterhead, and
list AQMD'S contract number, period covered by invoice, and CONTRACTOR'S social security number
or Employer Identification Number and submitted to:
South Coast Air Quality Management District
21865 Copley Drive
Diamond Bar, CA 91765-4178
Attn: Cynthia Ravenstein, MSRC Contract Administrator
C. No funds shall be paid out to CONTRACTOR pursuant to this Contract, until the project described in
Attachments 1 and 2 is completed and proof of completion is provided to AQMD. If the project
described in Attachments 1 and 2 is not completed and satisfactory proof of completion is not provided
to AQMD, no monies shall be due and payable to CONTRACTOR. Proof of completion shall include a
Final Report detailing the project goals and accomplishments.
D. Additional AB 2766 Discretionary Match Funds will not be available to fund project cost overruns. Any
project cost overruns must be funded from other than AB 2766 Discretionary Funds.
E. The Firm Fixed Price amount of this Contract shall not exceed the total AB 2766 Funds applied to the
project described in Attachments 1, 2, and 3 of this Contract.
F. If, at the completion of the Project described in Attachment 1, the vehicle expenditures and/or
infrastructure expenditures are less than the Total Cost amount(s) contained in Attachment 2, the actual
amount of AB 2766 Discretionary Funds reimbursed to CONTRACTOR shall be adjusted on a prorated
basis as described in Attachment 2.
G. CONTRACTOR must submit final invoice no later than ninety (90) days after the termination date of this
Contract or invoice may not be paid.
3
Contract No. ML11035
12.
A. The MSRC has adopted a policy that no MSERCs resulting.from AB 2766 Discretionary Funds may be
generated and/or sold.
B. CONTRACTOR has the opportunity to generate MSERCs as a by-product of the project if a portion of the
air quality benefits attributable to the project resulted from other funding sources. These MSERCs, which
are issued by AQMD, are based upon the quantified vehicle miles traveled (VMT) by project vehicles or
other activity data as appropriate. Therefore, a portion of prospective MSERCs, generated as a result of
AB 2766 Funds, must be retired. The portion of prospective credits funded by the AB 2766 program, and
which are subject to retirement, shall be referred to as "AB 2766-MSERCs."
C. The determination of AB 2766-MSERC's is to be prorated based upon the 'AB 2766 program's
contribution to the cost associated with the air quality benefits. In the case where AB 2766 Discretionary
Funds are used to pay for the full differential cost of a new alternative fuel vehicle or for the retrofitting or
repowering of an existing vehicle, all MSERCs attributable to AB 2766 Discretionary Funds must be
retired. The determination of AB 2766-MSERCs for infrastructure and other ancillary items is to be
prorated based upon the AB 2766 program's contribution. to the associated air quality benefits.
Determination of the project's overall cost will be on a case -by -case basis at the time an MSERC
application is submitted, AQMD staff, at the time an MSERC application is submitted, will calculate total
MSERCs and retire the AB 2766-MSERCs. CONTRACTOR would then receive the balance of the
MSERCs not associated with AB 2766 funding.
13. DISPLAY OF MSRC LOGO - CONTRACTOR agrees to permanently display one MSRC decal in a
prominent location on each vehicle purchased pursuant to this Contract. CONTRACTOR also agrees to
permanently display one MSRC decal in a prominent location on each fueling or charging station
constructed or upgraded pursuant to this Contract. Decals will be provided by MSRC upon notification that
subject fueling station equipment and/or vehicles are placed into service. Decals are approximately twelve
(12) inches in height and eighteen (18) inches in width (Note: a smaller decal may be provided if
CONTRACTOR demonstrates that application of the standard decal is not feasible). CONTRACTOR shall
maintain decal for life of vehicle or equipment subject to this Contract. Should any decal become damaged,
faded, or otherwise unreadable, CONTRACTOR shall request replacement decal from MSRC and apply new
decal in the same or other prominent location. MSRC shall not be responsible for damage to paint or other
vehicle surfaces arising from application or removal of decals. In addition, all promotional materials related to
the project, including, but not limited to, press kits, brochures and signs shall include the MSRC logo. Press
releases shall acknowledge MSRC financial support for the project.
14. NOTICES - Any notices from either party to the other shall be given in writing to the attention of the persons
listed below or to other such addresses or addressees as may hereafter be designated in writing for notices
by either party to the other. A notice shall be deemed received when delivered or three days after deposit in
the U.S. Mail, postage prepaid, whichever is earlier.
AQMD: South Coast Air Quality Management District
21865 Copley Drive
Diamond Bar, CA 917654178
Attn: Cynthia Ravenstein, MSRC Contract Administrator
Contract No. ML11035
CONTRACTOR: City of La Quinta
78-945 Calle Tampico
La Quinta, California 92253
Attn: Ann Dixson
15. EMPLOYEES OF CONTRACTOR
A. CONTRACTOR warrants that it will employ no subcontractor without written approval from AQMD.
CONTRACTOR shall be responsible for the cost of regular pay to its employees, as well as cost of
vacation, vacation replacements, sick leave, severance pay and pay for legal holidays.
B. CONTRACTOR shall also pay all federal and state payroll taxes for its employees and shall maintain
workers' compensation and liability insurance for each of its employees.
C. CONTRACTOR, its officers, employees, agents, or representatives shall in no sense be considered
employees or agents of AQMD, nor shall CONTRACTOR, its officers, employees, agents, or
representatives be entitled to or eligible to participate in any benefits, privileges, or plans, given or
extended by AQMD to its employees.
D. CONTRACTOR warrants that it has no interest and shall not acquire any interest, direct or indirect,
which would conflict in any manner or degree with the performance of services required to be performed
under this Contract. CONTRACTOR further represents that in performance of this Contract, no person
having any such interest shall be employed by CONTRACTOR or any subcontractor.
16. NON-DISCRIMINATION - In the performance of this Contract, CONTRACTOR shall not discriminate in
recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religious creed, color,
national origin, ancestry, sex, age, or physical handicap and shallcomply with the provisions of the
California Fair Employment & Housing Act (Government Code Section 12900, et seq.), the Federal Civil
Rights Act of 1964 (P.L. 88-352) and all amendments thereto, Executive Order No. 11246 (30 Federal
Register 12319), and all administrative rules and regulations issued pursuant to said Acts and Order.
CONTRACTOR shall likewise require each subcontractor to comply with this clause and shall include in
each such subcontract language similar to this clause.
17. AQMD LIEN RIGHTS - CONTRACTOR hereby grants AQMD a security interest in any and all equipment or
vehicles purchased in whole or in part by funding provided by AQMD pursuant to this Contract.
CONTRACTOR acknowledges and agrees that AQMD shall have all lien rights as a secured creditor on any
and all equipment and/or vehicles purchased in whole or in part by the CONTRACTOR, under this Contract
or any amendments thereto. The AQMD shall have lien rights in effect until the CONTRACTOR satisfies all
terms under the Contract, including but not limited to, the use and reporting requirements. Accordingly,
CONTRACTOR further agrees that AQMD is authorized to file a UCC filing statement or similar
security instrument to secure its interests in the equipment and/or vehicles that are the subject of
the Contract. In the event CONTRACTOR files for bankruptcy protection; CONTRACTOR shall notify
AQMD within 10 business days of such filing.
18. COMPLIANCE WITH APPLICABLE LAWS - CONTRACTOR agrees to comply with all federal, state, and
local laws, ordinances, codes and regulations and orders of public authorities in the performance of this
Contract and to ensure that the provisions of this clause are included in all subcontracts.
11
Contract No. ML11035
19. ASSIGNMENT - The rights granted hereby may not be assigned, sold, licensed, or otherwise transferred by
either party without the prior written consent of the other, and any attempt by either party to do so shall be
void upon inception.
20. NON -EFFECT OF WAIVER — CONTRACTOR'S or AQMD'S failure to insist upon the performance of any or
all of the terms, covenants, or conditions of this Contract, or failure to exercise any rights or remedies
hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such
terms, covenants, or conditions, or of the future exercise of such rights or remedies, unless otherwise
provided for herein.
21. ATTORNEYS' FEES - In the event any action (including arbitration) is filed in connection with the
enforcement or interpretation of this, Contract, each party in said action shall pay its own attorneys' fees and
costs.
22. FORCE MAJEURE - Neither AQMD nor CONTRACTOR shall be liable or deemed to be in default for any
delay or failure in performance under this Contract or interruption of services resulting, directly or indirectly,
from acts of God, civil or military authority, acts of public enemy, war, strikes, labor disputes, shortages of
suitable parts, materials, labor or transportation, or any similar cause beyond the reasonable control of
AQMD or CONTRACTOR.
23. SEVERABILITY -In the event that anyone or more of the provisions contained in this Contract shall for any
reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding shall
not affect any other provisions of this Contract, and the Contract shall then be construed as if such
unenforceable provisions are not a part hereof.
24. HEADINGS - Headings on the clauses of this Contract are for convenience and reference only, and the
words contained therein, shall in -no way be held to explain, modify, amplify, or aid in the interpretation,
construction, or meaning of the provisions of this Contract.
25. DUPLICATE EXECUTION - This Contract is executed in duplicate. Each signed copy shall have the force
and effect of an original,
26. GOVERNING LAW - This Contract shall be construed and interpreted and the legal relations created
thereby shall be determined in accordance with the laws of the State of California. Venue for resolution of
any dispute shall be Los Angeles County; California.
27. PRECONTRACT COSTS - Any costs incurred by CONTRACTOR prior to CONTRACTOR receipt of a fully
executed Contract shall be incurred solely at the risk of the CONTRACTOR. In the event that a formal
Contract is not executed, neither the MSRC nor the AQMD shall be liable for any amounts expended in
anticipation of a formal Contract. If a formal Contract does result, precontract cost expenditures authorized
by the Contract will be reimbursed in accordance with the cost schedule and payment provision of the
Contract.
28. CHANGE TERMS - Changes to any part of this Contract must be requested in writing by CONTRACTOR,
submitted to AQMD and approved by MSRC in accordance with MSRC policies and procedures.
Contract No. ML11035
CONTRACTOR must make such request a minimum of 90 days prior to desired effective date of change. All
modifications to this Contract shall be in writing and signed by both parties.
29. ENTIRE CONTRACT - This Contract represents the entire agreement between the parties hereto related to
CONTRACTOR providing services to AQMD and there are no understandings, representations, or
warranties of any kind except as expressly set forth herein. No waiver, alteration, or modification of any of
the provisions herein shall be binding on any party unless in writing and signed by the party against whom
enforcement of such waiver, alteration, or modification is sought. The Statement of Work - Attachment 1,
The Payment Schedule - Attachment 2, and Supporting Documentation - Attachment 3, are incorporated by
reference herein and made a part hereof.
30. AUTHORITY - The signator hereto represents and warrants that he or she is authorized and empowered
and has the legal capacity to execute this Contract and to legally bind CONTRACTOR both in an operational
and financial capacity and that the requirements and obligations under this Contract are legally enforceable
and binding on CONTRACTOR..
IN WITNESS WHEREOF, the parties to this Contract have caused this Contract to be duly executed on their
behalf by their authorized representatives.
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
A
Dr. William A.
Date: I V 1 sl'cl
ATTEST:
Saundra McDaniel, Clerk of the Board
APPROVED AS TO FORM:
Kurt R. Wiese, General Counsel
By:
//MSRC061.oc81GovfMatch
Updated 22 October 2008
Governing Board
CITY OF LA QUINTA
y
Name:
Title: Thomas P. Genovese, City Manager
Attachment 1
Statement of Work
City of La Quinta
Hereinafter Referred to as CONTRACTOR
Contract Number ML11035
Project Description
CONTRACTOR will purchase and install verified after -treatment devices on three of
CONTRACTOR's heavy-duty vehicles as specified below.
Statement of Work
Implementation
CONTRACTOR shall purchase, install and operate after -treatment devices on three of
CONTRACTOR's heavy-duty diesel vehicles, each with gross vehicle weight rating
greater than 14,000 pounds. The specific vehicles to be retrofitted are as follows:
Vehicle Description
Expected Life After Retrofit
1994 International 4700 dump truck
4 years
1997 International 4700 dump truck
8 years
2000 International C230 water truck
6 years
Each after -treatment device must be verified by the California Air Resources Board
(CARE) to CARB's Level 3 standard. Level 3 verification is for those technologies
achieving at least an 85% or greater reduction in particulate matter. Additionally,
CARB's verification is often limited to specific engine families and/or may include other
conditions. Each retrofitted vehicle must satisfy any and all conditions associated with
the specific after -treatment device's verification.
CONTRACTOR shall be reimbursed for after -treatment devices according to the costs
stated in Attachment 2 — Payment Schedule.
Promotion
CONTRACTOR shall prepare and submit a proposed Public Outreach Plan to promote
the acquisition of the MSRC co -funded after -treatment devices. Acceptable outreach
may include, but is not limited to, notices in CONTRACTOR mailings to residents,
newspaper notices, flyers, and information items at CONTRACTOR Board meetings
and community events. The Public Outreach Plan shall automatically be deemed
approved 30 days following receipt by AQMD staff, unless AQMD staff notify
CONTRACTOR in writing of a Public Outreach Plan deficiency. CONTRACTOR shall
implement the approved Public Outreach Plan in accordance with the Project Schedule
below.
Attachment 1
Statement of Work continued
City of La Quints
Hereinafter Referred to as. CONTRACTOR
Contract Number ML11035
Project Schedule (based on date of Contract execution)
Task
Submit Public Outreach Plan
-Completion
Month 4
Order after -treatment devices
Month 5
Installation of after -treatment devices
Month 8
Implement Public Outreach Plan
Month 9
Quarterly reports
'A and 7
Final Report
_Months
Month 10
Hardware: Three CARB-verified after -treatment devices as listed above.
Reports
Quarterly Reports: Until subject engines are retrofitted, CONTRACTOR shall provide
quarterly progress reports that summarize the project results to date including, but not
limited to: tasks completed, issues or problems encountered, resolutions implemented,
and progress to date. Progress reports that do not comply will be returned to the
CONTRACTOR as inadequate.
Final Report: A Final Report shall be submitted by the CONTRACTOR in the
format provided by AQMD staff: Report shall include,'at a minimum: a) an executive
summary; and b) a detailed discussion of the results and conclusions at this project.
CONTRACTOR will identify any barriers encountered and solutions developed to
overcome the barriers.
Attachment 2
Payment Schedule
City of La Quinta
Hereinafter Referred to as CONTRACTOR
Contract Number ML11036
Cost Breakdown
Maximum AB2766
Purchase
Discretionary
Funds payable
Local Gov't
Total Cost
Category
under this
Funds Applied
Contract
Level 3 verified
after -treatment
$25,368 (not to
devices
exceed $8,456 per
$25,368
$50,736
(including tax,
retrofit)
delivery and
installation
CONTRACTOR shall be reimbursed up to the amounts stated above per after -treatment
device upon:
• proof of installation;
• proof of device's Level 3 verification; and
• return of vehicle to service.
If CONTRACTOR's expenditures are less than the Total Cost amount above, the
amount of AB 2766 Discretionary Funds reimbursed to CONTRACTOR shall be
adjusted on a prorated basis, so that the amount reimbursed to CONTRACTOR shall
not exceed the amount of local funds applied, up to a maximum of $8,456 per after -
treatment device.
3
Attachment 3
Supporting, Documentation
City of La Quints
Hereinafter Referred to as CONTRACTOR
Contract Number ML11035
The supporting documents attached hereto as Attachment 3, represent obligations of
the CONTRACTOR. Nothing herein shall be construed as an assumption of duties or
obligations by the AQMD or granting: any rights to third parties against the AQMD.
1. Proof of Insurance.
4
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CALIFORNIA. JPIA
8081 Moody Street, La Palma, California 90623
July 1, 2011 LP 11
(Supersedes GL 10)
PROGRAM: Liability Protection Program losses have a self insured retention up to $5 million. Reinsurance
and excess insurance are purchased from $5 million to $50 million'. This program provides
coverage for general liability and auto liability exposures.
PROTECTION
SPERIOD: - July 1, 2011 at 12:01 a.m. to July 1, 2012 at 12:00 a.m. Pacific Time
PROTECTS: A. CALIFORNIA JPIA Members (including commissions, agencies, authorities, or similar entities
that qualify in the definition of Member in the Memorandum of Liability Coverage); and
B. Any person or entity defined in the Memorandum of Liability Coverage as a Protected Party.
U COVERS: Legal obligations to pay as damages by reason of tort liability imposed by law because of one or
more of these defined damages:
1. Bodily Injury 5. Broadcast/Publication Injury
2. Property Damage 6. Employment Practices Injury
3. Personal Injury 7. Employee Benefits Administration Liability
M4. Public Officials Errors and Omissions 8. Termination of City Manager's Employment
LIMITS PER MEMBER (Liability) LIMITS PER MEMBER (Subsidence)
$50,000,000 Per Occurrence Per Member $35,000,000 Per Occurrence Per Member
$50,000,000 Annual Aggregate Per Member" $20,000,000 Annual Aggregate Per Member"'
MAJOR EXCLUSIONS: M
REVIEW COVERAGE DOCUMENTS FOR ALL EXCLUSIONS
1. Owned airport, aircraft, or watercraft; 9. Medical care activities (limited coverage);
A 2. Workers Compensation or similar 10. Use or operation of any railroad; Quiet Zones;
employment -related claims; wayside horns;
3. Damage to owned or leased property, or 11. Wrongful termination, or failure to hire or promote
property in the care, custody or control of the (limited coverage);
member; 12. Punitive damages;
4. Dam failure in self -insured layers; 13. Adoption or administration of an ordinance, land
R 5. Condemnation or Inverse Condemnation; use entitlements;
6. Pollution/Hazardous Materials (limited 14. Antitrust;
coverage); 15. Equitable or similar actions not for monetary
7. Ionizing radiations or radioactive material damages;
(limited coverage); 16. Loss of money, securities, or refunds;
8. Failure to supply utility service; 17. Suits by a Member against a protected party;
Y
THE ABOVE IS A SUMMARY ONLY.
IT DOES NOT MODIFY THE MEMORANDUM OF COVERAGE,
NOR THE REINSURANCE OR EXCESS INSURANCE DOCUMENTS.
FOR FULL COVERAGE DETAILS SEE THE FULL CONTRACTS
AND POLICIES ON FILE AT THE CALIFORNIA JPIA OFFICE.
EFFECTIVE JULY 1, 2011
Annual aggregate deductibles of $2.5 million and $3.0 million apply to all losses up to $15 million
Annual Aggregate applies to Products/Completed Operations only.
Annual Aggregate applies only to excess insurance provided by Insurance Company of the State of Pennsylvania and Allied World Assurance Company.
Rev: 07/1/11