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2018/19 Cyber Liability Program - Memorandum of CoverageEFFECTIVE JULY 1, 2018 - JULY 1, 2019 Issued to the City of La Quinta MEMORANDUM OF COVERAGE CYBER LIABILITY MEMORANDUM OF COVERAGE CYBER LIABILITY ADMINISTERED BY THE CALIFORNIA JOINT POWERS INSURANCE MEMBER: La Quinta MAILING ADDRESS: PROTECTION LIMITS: RETENTION: PROTECTION PERIOD: 78-495 Calle Tampico, La Quinta, CA 92253 $1,000,000 Per Occurrence Limit of Coverage $1,000,000 Aggregate Limit of Coverage per Policy Period per Member for all categories of Coverage combined including Claims Expenses $10,000,000 Aggregate Limit of Coverage for all Members per Policy Period for all categories of Coverage combined including Claims Expenses $50,000 (including Claims Expenses) From July 1, 2018 12:01 a.m. Pacific Time until July 1, 2019 at 12:01 a.m. Pacific Time. This Memorandum is a description of the terms and conditions of the Program through which certain specified and limited self -insured risks of liability are administered by the Authority and shared by its Members. This Memorandum is not an insurance policy. As provided in Section 990.8 of the California Government Code and appellate court cases of Orange County Water District v. Association of California Water Agencies JPIA (1997) and City of South El Monte v. Southern California Joint Powers Insurance Authority (1995), the pooling of self-insured claims or losses among the Members of the Authority shall not be considered insurance nor be subject to regulation under the Insurance C ode. California JPIA President MEMORANDUM COVERAGE – CYBER LIABILITY CALIFORNIA JOINT POWERS INSURANCE AUTHORITY 1. INTRODUCTION This Memorandum is a description of the terms and conditions of the Program through which certain self-insured risks of liability are administered by the Authority and shared by its Members pursuant to the Joint Powers Agreement creating the Authority under the provisions of Section 6500 et seq. of the Government Code. As provided in Section 990.8 of the Government Code, pooling of losses in this Program is not insurance. The sole duty of the Authority is to administer the Program adopted by the Members. The Authority can indemnify only Claims or losses, which are pooled under the terms of this Memorandum and the Joint Powers Agreement. There is no transfer of risk from the Member or any Protected Party to the Authority, nor assumption of risk by the Authority. The provisions of the Program are subject to and subordinated to the Joint Powers Agreement or any action taken by the Executive Committee or the Board of Directors in connection with the Program. This Program has been adopted pursuant to action taken by the Executive Committee, and is subject to any amendment, modification or extension by the Executive Committee or the Board of Directors. The terms of this Memorandum shall be construed in an evenhanded fashion in accordance with the principles of California contract law. If the language of this Memorandum is alleged to be ambiguous or unclear, the issue of how the protection should apply shall be resolved in a manner most consistent with the relevant terms of this Memorandum without regard to authorship of the language and without any presumption of arbitrary interpretation or construction in favor of either the Protected Party or the Authority. Any controversy or dispute arising out of or related to an interpretation or breach of this Memorandum shall be settled in accordance with the appeals procedures as set forth in this Memorandum. 2. PROTECTION PROVIDED Subject to all provisions of this Memorandum, the Authority will cause the Program to pay on behalf of the Protected Party all sums for which coverage is provided within the terms of the attached “Policy Form.” As used in the Policy Form, the term “you” or “your” or “your organization” shall refer to the Protected Party, which is a Member of the Authority and participant in the Program. The term “we” shall refer to the Authority. 3. NON-CONCURRENT CONDITIONS Section IX – Terms and Conditions of the attached Policy Form are hereby amended as follows: Section D, “Other Insurance”, Section E, “Action Against Us”, Section I, “Cancellation”, and Section M, “Service of Suit Clause” are deleted. They are replaced with the following: The terms of the Authority’s Memorandum of Liability Coverage are incorporated here by reference as through fully set forth herein, at Section 5, Conditions and Responsibilities, Sections D “Other Protection,” E “Termination or Amendment,” F “Changes”, I “Joint Powers Agreement”, J “Appeal of Disputes”, and K “Arbitration.” These provisions of the Memorandum of Liability Coverage shall apply to coverage furnished under this Memorandum of Privacy Protection Coverage as well.