2019-20 CVMVCD (Volunteer Organization) - Mosquito Preventionta 0"tra
.- GEM „f.,he Or.. AT —
MEMORANDUM
TO: Christina Calderon, Community Resources Manager
FROM: Caroline Doran, Community Resources Specialist
DATE: November 7, 2019
RE: Coachella Valley Mosquito and Vector Control offering FREE
information to seniors and the community.
Attached for your signature is an Volunteer Organization Service agreement with
Coachella Valley Mosquito and Vector Control for the Health and Wellness Day,
October 22, 2019.
Please review and sign the attached agreements for processing.
Requesting del2artment shall check and attach the items below as
appropriate:
N/A Contract payments will be charged to account number:
N/A Amount of Agreement, Amendment, Change Order, etc.: $
N/A A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is
attached with
no reportable interests in LQ or reportable interests
N/A A Conflict of Interest Form 700 Statement of Economic Interests is not required because this
Consultant does not meet the definition in FPPC regulation 18701(2).
Authority to execute this agreement is based upon:
N/A Approved by the City Council on
N/A City Manager's signature authority provided under Resolution No. 2019-021 for budgeted
expenditures of $50,000 or less. This expenditure is $ and authorized by
Director
N/A Initial to certify that 3 written informal bids or proposals were received and considered in
selection
The following required documents are attached to the agreement:
X Insurance certificates as required by the agreement (approved by Risk Manager on
date)
N/A Performance bonds as required by the agreement (originals)
N/A City of La Quinta Business License number
N/A A requisition for a Purchase Order has been prepared (amounts over $5,000)
VOLUNTEER ORGANIZATION
SERVICE AGREEMENT
Our organization, Coachella Valley Mosquito & Vector Control District, will provide
volunteers to perform only the services as outlined in the attached scope of work
for the City of La Quinta ("City"). We understand that we will not be compensated
for our work and we will complete our organization volunteer duties in a responsible
manner. If we decide to discontinue our organization volunteer services, our
contact person
Tammy Gordon will notify Caroline Doran, City designee.
We understand and agree that:
No one in the group is to appear for volunteer service under the influence
of any drugs or alcohol.
• Our organization will provide the City with a roster of individual participants
including the names and hours worked.
4 Our organization will report any injuries sustained by participants during
their volunteer activities to Caroline Doran, City designee immediately upon
occurrence.
° Our organization is responsible for directly supervising the activities of all the
individuals in our group who will be doing volunteer work, and therefore, in
consideration of our organization and members being permitted to perform
services on City property, our organization agrees to defend, indemnify, and
hold harmless the City and its officials, employees, and agents from any
damage claim or lawsuit for injury, illness, damage or other loss of any kind
to anyone including members of our organization that might arise out of our
activities or the actions of any individuals of our group, except for injuries or
damages caused by the sole negligence of the City.
' Our organization has commercial general liability insurance of at least one
million dollars to cover our activities. A copy of the certificate of insurance,
the a d Fe n a l i f9 s u r-ed—Erode „
a," and a P ` r and Neg CentFibute ..d.._....nient is attached to the
City prior to the start of any activity.
The City may terminate this agreement at any time without cause, and we
agree that we are volunteering our services at will and may be asked to
discontinue such without prior notice or reason.
This agreement will be in effect for the duration of our volunteer services or one year,
whichever is less, beginning on this date.
Dated this 24 day of October, 2019.
Paqe 1 of 2
CITY OF LA QUINTA,
a California Municipal Corporation
Community Resources Manager
City of La Quinta, California
Dated:
ATTEST:
MONIKA MDEVA,7ity Clerk
La Quinta, California
APPROVED AS TO FORM:
WILLIAM IHRKE, City Attorney
City of La Quinta, California
accv QU, 0 &a
CALIFORNIA
Coachella Valley Mosquito & Vector Control
District
e of Organization
Organization
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Printed Name
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Address
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Phone Number
Paqe 2 of 2
Attachment
Scope of Work
Coachella Valley Mosquito & Vector Control District will offer information on
prevention and control of agents that transports disease to humans.
Paqe 3 of 2
VECTOR CONTROL JOINT POWERS AGENCY
(VCJPA)
POOLED LIABILITY PROGRAM
MEMORANDUM OF COVERAGE
FOR THE 2019/20 PROGRAM YEAR
VECTOR CONTROL JOINT POWERS AGENCY
MEMORANDUM OF COVERAGE
POOLED LIABILITY PROGRAM
DECLARATIONS
POLICY NO. VCJPA 2019-1 GL
NAMED COVERED PARTY:
POLICY PERIOD:
LIMIT OF COVERAGE:
FORMS AND ENDORSEMENTS:
Fomdng Part ofthe Policy at Inception
Vector Control Joint Powers Agency, et. al.,
as per Endorsement No. 1
1750 Creekside Oaks Drive, Suite 200
Sacramento, CA 95833
From 7-1-2019 to 7-1-2020
12:01 a.m. Pacific Time
$1,000,000 per occurrence
VCPLP and Endorsement No. 1
ON BEHALF OF VECTOR CONTROL JOINT POWERS AGENCY
Authorized Representative
POOLED LIABILITY PROGRAM
MEMORANDUM OF COVERAGE
FOR THE
VECTOR CONTROL JOINT POWERS AGENCY
(VCJPA)
TABLE OF CONTENTS
SECTION I - COVERAGE ...................................................
SECTION II - DEFINITIONS ..............................................
SECTION III - DEFENSE AND SETTLEMENT ..............
SECTION IV - VCJPA'S LIMIT OF COVERAGE ..........
SECTION V - COVERAGE PER[OD AND TERRITORY
SECTION VI - EXCLUSIONS .............................................
SECTION VII - CONDITIONS ...........................................
............................ I................. 1
.............................................. 1
.............................................. 7
............................................ 8
.............................................. 8
............................................. 8
........................ .•--.... - �--........ 15
POOLED LIABILITY PROGRAM
MEMORANDUM OF COVERAGE
FOR THE
VECTOR CONTROL JOINT POWERS AGENCY
(VCJPA)
In consideration of the payment of the deposit premium, the Agency agrees with the Covered Parties
as follows:
SECTION I - COVERAGE
The Agency will pay up to the Limit of Coverage those sums on behalf of the Covered Parties for the
Ultimate Net Loss, less the Retained Limit that the Covered Parties pay as Damages because of
Bodily Injury, Property Damage, Personal Injury, Public Officials Errors and Omissions, or
Wrongful Employment Practice as those terms are herein defined and to which this Memorandum
applies, caused by an Occurrence during the Coverage Period, except as otherwise excluded.
This Memorandum of Coverage does not provide insurance, but instead provides for pooled risk
sharing. This Memorandum is a negotiated agreement among the Members of the Agency, and none
of the parties to the Memorandum is entitled to rely on any contract interpretation principles that
require interpretation of ambiguous language against the drafter of such agreement. This
Memorandum shall be applied according to the principles of contract law, giving full effect to the
intent of the Members of the Agency, acting through the Board of Directors in adopting this
Memorandum of Coverage. As the Agency is not an insurer, it has no obligation to provide "Cumis"
counsel to a Covered Party in disputed coverage situations under Civil Code section 2860.
SECTION II - DEFINITIONS
"Aircra l"means a vehicle designed for the transport of persons or property principally in the
air.
2. "Agency" means the Vector Control Joint Powers Agency.
"Automobile" means a land motor vehicle, trailer, or semi -trailer.
4. "Bodily Injury" means bodily injury, sickness, disease, or emotional distress sustained by a
person, including death resulting from any of these at any time. Bodily Injury includes
Damages claimed by any person or organization for care, loss of services, or death resulting
at any time from the Bodily Injury.
"Coverage Period" means that term prescribed for coverage by the Agency as set forth in the
Declarations page.
6. "Covered Indemnity Contract" means that part of any contractor agreement pertaining to the
Covered Parry's routine governmental operations under which the Covered Party assumes
the tort liability of another party to pay for Bodily Injury or Property Damage to a third
person or organization. This definition applies only to tort liability arising out of an
Occurrence to which this Memorandum applies. Tort liability means a liability that would
be imposed by law in the absence of any contract or agreement.
7. "Covered Party" means:
(a) The directors and officers of the Agency while acting on behalf of the Agency with
respect to Public Officials Errors & Omissions.
(b) A Member of the Agency. This includes all entities named in its Declarations page,
including any and all commissions, agencies, districts, authorities, boards (including
the governing board), or similar entities coming under the Member's direction or
control, or for which the Member's board members sit as the governing body.
(c) A member of a j oint powers authority (JPA) which is a Member of the Agency herein,
which participates in said JPA's liability program. This includes all entities named in
its Declarations page, including any and all commissions, agencies, districts,
authorities, boards (including the governing board), or similar entities coming under
the Member's direction or control, or for which the Member's board member sits as
the governing body.
(d) Any person or Member identified as a Covered Party in a certificate of coverage to
third parties duly issued by the Agency for Occurrences during the Coverage Period
identified in the certificate of coverage. The person or Member is a Covered Party
only for Occurrences arising out of the described activity.
(e) Any person who is an official, employee, trustee, or volunteer of a person or Member
covered by (b), (c), or (d) herein, whether or not compensated, while acting in an
official capacity for or on behalf of such person or Member, including while acting on
any outside board at the direction of such person or Member.
(f) With respect to any Automobile owned or leased by a Member, or loaned to or hired
for use by or on behalf of the Member, any person while using such Automobile and
any person or organization legally responsible for the use thereof, provided the actual
use is with the express permission of the Member, but this protection does not apply
to:
i. Any person or organization, or any agent or employee thereof, operating an
Automobile sales agency, repair shop, service station, storage garage, or
public parking place, with respect to an Occurrence arising out of the
operation thereof. This exception does not apply if the Automobile is a
Trailer connected to an Automobile you own; or
ii. The owner or any lessee, other than the Member, of any Automobile hired by
or loaned to the Member or to any agent or employee of such owner or lessee.
VCJPA 2019/20 GL MOC
(g) No person or Member is a Covered Party with respect to the conduct of any current
or past partnership, joint venture, or joint powers authority that is not shown as a
named Covered Party in the Declarations; however, for any person (1) who is an
official, employee, trustee, or volunteer of a Member covered by (b) or (c) herein, (2)
who participates in the activities of the partnership, joint venture, or joint powers
authority (or any separate agency or Member created under any joint powers
agreement by the named Member), and (3) who is acting for or on behalf of a
Member covered by (b) or (c) herein at the time of the Occurrence, then coverage is
afforded by this Memorandum. Such coverage will be in excess of and shall not
contribute with any collectible insurance or other coverage provided to the other joint
powers authority, agency, or Member.
(h) Notwithstanding subsections (e) and (f) above, the defense and indemnity coverage
afforded by this Memorandum to a past or present official, employee, trustee, or
volunteer of a Member (including a member entity of a Member joint powers
authority) is not broader than the Member's duty to defend and indemnify its official,
employee, trustee, or volunteer pursuant to California Government Code Section 815,
815.3, 825 to 825.6, 995 to 996.6, inclusive, and any amendments thereof. If the
Member which employs the official, employee, trustee, or volunteer is not obligated
under the California Government Code to provide a defense, or to provide indemnity
for a claim, or if said Member refuses to provide such defense and/or indemnity to
said official, employee, trustee, or volunteer, then this Memorandum shall not
provide any such defense or indemnity coverage to said official, employee, trustee, or
volunteer. All immunities, defenses, rights, and privileges afforded to a Member
under California Government Code Section 815, 815.3, 825 to 825.6, 995 to 996.6,
inclusive, and any amendments thereof, shall be afforded to the Agency to bar any
defense or indemnity coverage under this Memorandum to that Member's official,
employee, trustee, or volunteer. However, a Member's official, employee, trustee or
volunteer shall remain a Covered Party when using an Automobile owned or leased
by the Member at any time (including Automobile use that may be outside the scope
of employment), so long as the actual use is with the express permission of the
Member.
& "Damages" means compensation in money recovered by a third party for loss or detriment it
has suffered through the acts of a Covered Party. Damages include (1) attorney fees not
based on contract awarded against the Covered Party, (2) interest on judgments, or (3) costs
for which the Covered Party is liable either by adjudication or by compromise with the
written consent of the Agency, if the fees, interest, or costs arise from an Occurrence to
which this coverage applies.
9. "De ense Casts" means all fees and expenses incurred by any Covered Party, caused by and
relating to the adjustment, investigation, defense, or litigation of a claim to which this
coverage applies, including attorney's fees, court costs, and interest on judgments accruing
after entry of judgment. Defense Costs shall include adjusting expenses of a third party
claims administrator that are specifically identifiable with a claim subject to this coverage.
Defense Costs shall also include reasonable attorney fees and necessary litigation expenses
incurred by or for a party other than the Covered Party, which are assumed by the Covered
Party in a Covered Indemnity Contract where such attorney fees or costs are attributable to a
VCJPA 2019/20 GL MOC
claim for Damages covered by this Memorandum. Defense Costs shall not include the office
expenses, salaries of employees and officials, or expenses of the Covered Party or the
Agency. Defense Costs shall not include any fee or expense relating to coverage issues or
disputes between the Agency and any Covered Party unless the entity named in the
Declarations prevails in such dispute, or attorney fees or costs awarded to a prevailing
plaintiff against the Covered Party.
10. "Lawsuit" means (a) a civil proceeding in which Damages are alleged because of an
Occurrence and which, in the opinion of the Agency, is or may be covered by this
Memorandum, and (b) a civil proceeding filed in court under the Clean Water Act, Porter -
Cologne Water Quality Control Act or California Environmental Quality Act as described in
section VI(1)(d), subsections (iii) and (iv). Lawsuit includes arbitration or other alternative
dispute resolution proceeding in which such Damages are claimed and to which the Covered
Party must consent or to which the Covered Party and the Agency mutually consent.
11. "Limit of Coverage" shall be the amount of coverage stated in the Declaration page or
certificate of coverage, or sublimits as stated therein for each Covered Party per Occurrence,
subject to any lower sublimit stated in this Memorandum. For each Occurrence, there shall
be only one Limit of Coverage regardless of the number of claimants or Covered Parties
against whom a claim is made. In the event that a structured settlement, whether purchased
from or through a third -party, or paid directly by the Covered Party in installments, is
utilized in the resolution of a claim or suit, the Agency will pay only up to the amount stated
in the Declarations or certificate of coverage in present value of the claim, as determined on
the date of settlement, regardless of whether the full value of the settlement exceeds the
amount stated in the Declarations or certificate of coverage.
As respects Wrongful Employment Practices coverage only, the Agency will pay up to
$25,000 per Occurrence for the Ultimate Net Loss less the Member's Retained Limit (as
defined in this section II) that the Covered Parties become legally obligated to pay as
Damages because of Wrongful Employment Practices caused by an Occurrence during the
Coverage Period, except as otherwise excluded. For purposes of this paragraph, the phrases
"Wrongful Employment Practices," "Occurrence," "Damages," and "Ultimate Net Loss"
shall have the meanings as defined in the Employment Risk Management Authority (ERMA)
Memorandum of Coverage that is incorporated herein as though fully set forth. For those
Members that participate in the ERMA coverage, for any Occurrence with an Ultimate Net
Loss in excess of $25,000, the Member shall receive Wrongful Employment Practices
coverage from ERMA pursuant to and subject to the terms and conditions of the ERMA
Memorandum of Coverage. All terms, definitions, exclusions and conditions of the ERMA
Memorandum of Coverage are incorporated herein as though fully set forth and shall apply to
the Wrongful Employment Practices coverage only.
ERMA coverage of Wrongful Employment Practices coverage is optional. If a Member
chooses not to participate in the ERMA program, then that Member and the Covered Parties
under that Member shall be excluded from the ERMA Memorandum of Coverage and shall
not receive ERMA coverage or benefits. However, the non -participating Members and their
4 VCJPA 2019/20 GL MOC
Covered Parties may receive limited Wrongful Employment Practices coverage from the
Agency as described in the preceding paragraph (limited to $25,000 per Occurrence less the
Member's Retained Limit).
12. "Medical Malpractice" means the rendering of or failure to render any of the following
services:
(a) Medical, surgical, dental, psychiatric, psychological counseling, x-ray, or nursing
service or treatment or the furnishing of food or beverages in connection therewith;
or any services provided by a health care provider as defined in Section 6146 (c), (2),
(3), of the California Business and Professions Code.
(b) Furnishing or dispensing of drugs or medical, dental, or surgical supplies or
appliances.
Medical Malpractice does not include emergency medical services or first aid administered
by employees, nor does it include advice or services rendered by a 911 emergency dispatcher.
13. "Member" shall mean any organization that is a party to the Agreement creating the Vector
Control Joint Powers Agency.
14. "Nuclear Material" means Source Material, Special Nuclear Material, or Byproduct
Material. "Source Material, " "Special Nuclear Material, " and "Byproduct Material " have
the meanings given to them by the Atomic Energy Act of 1954 or in any law amendatory
thereof.
15. "Occurrence" means:
(a) With respect to Bodily Injury or Property Damage: an accident, including continuous
or repeated exposure to substantially the same generally harmful conditions, which
results in Bodily Injury or Property Damage neither expected nor intended from the
standpoint of the Covered Party. Loss of use of tangible property that is not
physically injured shall be deemed to occur at the time of the Occurrence that caused
it.
(b) With respect to Personal Injury: an offense described in the definitions of those
terms in this coverage Memorandum.
(c) With respect to Public Officials Errors and Omissions: any actual or alleged
misstatement or misleading statement or act or omission as described in the
definitions of the term in this coverage Memorandum
(d) With respect to Wrongful Employment Practices: the definition of Occurrence is
defined in the Employment Risk Management Authority's Memorandum of
Coverage that is incorporated herein as though fully set forth and to which this
Memorandum applies.
VCJPA 2019/20 GL MOC
16. "Personal Injury" means injury arising out of one or more of the following offenses:
(a) False arrest, detention or imprisonment, or malicious prosecution;
(b) Abuse of legal process;
(c) Wrongful entry into, or eviction of a person from, a room, dwelling, or premises that
a person occupies;
(d) Publication or utterance of material, including continuous or repeated, that slanders
or libels a person or organization or disparages a person's or organization's goods,
products or services, or oral or written publication of material that violates a person's
right of privacy;
(e) Discrimination or violation of civil rights; and
(f) Injury resulting from the use of reasonable force.
17. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including,
but not limited to, smoke, vapor, soot, fumes, acids, alkalis, chemicals, airborne particles, or
fibers and waste. Waste includes materials to be recycled, reconditioned, or reclaimed. The
term Pollutants as used herein does not mean potable water, agricultural water, water
furnished to commercial users, or water used for fire suppression.
18. "Property Daman means:
(a) Physical injury or destruction of tangible property, including all resulting loss of use
of that property; or
(b) Loss of use of tangible property that is not physically injured or destroyed.
19. "Public Officials Errors and Omissions" means any (including continuous or repeated) actual
or alleged misstatement or misleading statement or act or omission by any Covered Party
(individually or collectively) arising in the course and scope of their duties with the Covered
Party or claimed against them solely by reason of their being or having been public officials
or employees, and which results in damage neither expected nor intended from the standpoint
of the Covered Party. All claims involving the same misstatement or misleading statement
or act or omission or a series of contiguous or interrelated misstatements or misleading
statements or acts or omissions will be considered as arising out of one Occurrence.
20. "Retained Limit" means the amount of the self -insured retention for the Member as set forth
in the applicable Declarations page or endorsement, which is the amount of the Ultimate Net
Loss for which the Member or its Covered Parties are liable for before the Agency is
obligated to make payment, subject to the following:
(a) For each Occurrence, there shall be only one Retained Limit regardless of the number
of claimants or Covered Parties against whom a claim is made.
VCJPA 2019/20 GL MOC
(b) Payment of the Retained Limit shall be apportioned among the Covered Parties in
accordance with their proportionate shares of liability. If the payment is for a
settlement, the Retained Limit shall be apportioned among the Covered Parties in
accordance with the respective parties' agreed upon or court -determined share of
liability. In the event that the apportionment requires court determination, the
Covered Parties will pay all costs of the Agency in seeking such determination,
including its attorney's fees in proportion to the court's determination of liability.
(c) For Wrongful Employment Practices coverage only, if the Employment Risk
Management Authority (ERMA) determines that a Covered Party is not in substantial
compliance with the requirements of Government Code section 12950.2 (concerning
mandatory sexual harassment training) during the Coverage Period for an
Occurrence related to that code section in violation of the condition of coverage at
Section VII(1)(F) of the ERMA Memorandum of Coverage, and if ERMA therefore
doubles the Agency's ERMA Retained Limit for the Occurrence pursuant to the
ERMA Memorandum of Coverage, then the Agency shall pay the regular ERMA
Retained Limit for the Occurrence (less the Member's Agency Retained Limit) and
the Covered Party shall pay the penalty (i.e., the second ERMA Retained Limit).
Upon request by a Covered Party facing this penalty, the penalty initially shall be
paid in full by the Agency and then charged back to the Covered Party and paid over
time by the Covered Party pursuant to the Agency's usual retrospective adjustment
process.
(d) For Wrongful Employment Practices coverage only, and for Members that participate
in the ERMA coverage, the Member's Agency Retained Limit shall be the lesser of
the Member's Retained Limit as shown in the applicable Declarations page or
endorsement or $25,000.
21. ".Ultimate Net Loss" means the sums actually paid by the Covered Parties comprising the
total of all Defense Costs incurred by the Covered Parties and all Damages for which the
Covered Parties are liable either by adjudication or by compromise with the written consent
of the Agency, arising from an Occurrence to which this coverage applies.
22. "Unmanned Aircraft System" means a device or machine that is intended to navigate in the
air without an on -board pilot, also commonly referred to as a "drone."
23. "Wrongful Employment Practice" this term is as defined in the Employment Risk
Management Authority's Memorandum of Coverage that is incorporated herein as though
fully set forth and to which this Memorandum -applies.
SECTION III - DEFENSE AND SETTLEMENT
The Agency shall assume charge of the investigation and defense of all claims seeking Damages and
Lawsuits. The Agency shall have the right to control the negotiation, investigation, defense, appeal
or settlement of any claim or Lawsuit that, in the opinion of the Agency, is or may be covered by this
Memorandum. The Covered Party shall fully cooperate in all matters pertaining to such claim or
VCJPA 2019/20 GL MOC
Lawsuit. However, the Covered Party may exercise settlement control of those claims and Lawsuits
only within its Retained Limits unless the Agency's Litigation Manager notifies the Covered Party
that the Agency is assuming control of the disposition or settlement of such claims and Lawsuits.
No claim or Lawsuit shall be settled for an amount in excess of the Agency's Retained Limits without
the prior written consent of the California Affiliated Risk Management Authorities.
If the Agency denies liability for a claim or Lawsuit, the Covered Party may elect to litigate or settle
the claim or Lawsuit on its own behalf. In either event, however, the Covered Party shall be liable
for the full amount of any judgment or settlement, including all related costs and fees in connection
therewith, unless and until it has been determined by arbitration that the Agency has liability for the
claim or Lawsuit under the Memorandum of Coverage.
SECTION IV - VCJPA'S LIMIT OF COVERAGE
Regardless of the number of (1) persons or entities covered under this Memorandum (2) persons or
organizations making claims or bringing suits, or (3) claims made or suits brought, the Limit of
Coverage stated on the Declarations page, less the Retained Limit, or any sublimit contained in this
Memorandum is the most the Agency will pay for an Ultimate Net Loss arising out of any one
Occurrence. In the event that a structured settlement, whether purchased from or through a third
party or paid directly by the Covered Party in installments, is utilized in the resolution of a claim or
suit, only the present value of the agreed -upon payments (the present value "cost" of the structured
settlement) shall be considered in satisfaction of the Covered Parry's Retained Limit. The Limit of
Coverage for an additional covered party (including its officials, employees and volunteers) shall be
the limit stated in its additional covered party certificate, regardless of the limit that applies to the
member entity.
In the event that a structured settlement, whether purchased from or through a third -party, or paid
directly by the Covered Party in installments, is utilized in the resolution of a claim or suit, the
Agency will pay only up to the amount stated in the Declarations or certificate of coverage, in present
value of the claim as determined on the date of settlement, regardless of whether the full value of the
settlement exceeds the amount stated in the Declarations or certificate of coverage.
SECTION V - COVERAGE PERIOD AND TERRITORY
This Memorandum applies to Bodily Injury, Property Damage, Personal Injury, Public Officials
Errors and Omissions, or Wrongful Employment Practice that occurs anywhere in the world during
the Coverage Period identified in the applicable Declaration or certificate of coverage.
SECTION VI - EXCLUSIONS
This Memorandum does not apply to:
1. With respect to Pollution:
VCJPA 2019/20 GL MOC
(a) Any liability arising out of the actual, alleged, or threatened discharge, dispersal,
seepage, migration, release, or escape of Pollutants anywhere in the world.
(b) Any loss, cost or expense arising out of any governmental direction or request that
the Agency, the Covered Party or any other person or organization test for, monitor,
clean-up, remove, contain, treat, detoxify, neutralize, or assess the effects of
Pollutants; or
(c) Any loss, cost, or expense, including but not limited to costs of investigation or
attorneys' fees, incurred by a governmental unit or any other person or organization
to test for, monitor, clean-up, remove, contain, treat, detoxify, or neutralize
Pollutants.
However, this exclusion shall not apply to Bodily Injury or Property Damage caused by a
Covered Parry's response to contamination caused by a third party unrelated to a Covered
Party. Response includes clean-up, removal, containment, treatment, detoxification, and
neutralization of Pollutants.
(d) The exclusions set forth in (a), (b), and (c) above do not apply to the following
exceptions to this Exclusion 1:
If a discharge, dispersal, release, or escape of Pollutants meets all of the
following conditions:
1. It was accidental and neither expected nor intended by the Covered
Party; and
2. It was demonstrable as having commenced on a specific date during
the term of this policy; and
Its commencement became known to the Covered Party within seven
(7) calendar days; and
4. Its commencement was reported in writing to the Agency within
twenty-one (21) calendar days of becoming known to the Covered
Party; and
5. Reasonable effort was expended by the Covered Party to terminate
the discharge, dispersal, release, or escape of Pollutants as soon as
conditions permitted.
ii. To direct and immediate Bodily Injury or Property Damage arising out of
operations involving the use, application or spraying of any pesticide at or
from any site or location not owned or controlled by you on which you, or
any contractors or subcontractors working directly or indirectly on your
behalf, are performing operations if the operations performed meet all
standards of any statute, ordinance, regulation, or license requirement of any
federal, state or local government which apply to those operations.
VCJPA 2019/20 GL MOC
iii. With regard to any actual or alleged violation of the federal Clean Water Act
(33 USC sections 1251-1387) the Porter -Cologne Water Quality Control Act
(Cal. Water Code sections 13000-14958) or the State Water Resources
Control Board General Statewide National Pollutant Discharge Elimination
System (NPDES) Permit for Biological and Residual Pesticide Discharges to
Waters of the United States from Vector Control Applications arising out of
the actual, alleged or threatened discharge of pesticides and resulting in a
Lawsuit filed by a citizen or a federal or state government agency with
jurisdiction enforcing the Clean Water Act, Porter -Cologne Water Quality
Control Act or general NPDES permit, the Agency will pay Defense Costs to
the Covered Party up to the amount of $250,000 over the Retained Limit per
Lawsuit, subject to an aggregate limit of $1,000,000 per program year for all
Covered Parties. This exception to Exclusion 1 provides limited defense only
coverage for Lawsuit Defense Costs. It does not provide any Defense Costs or
other coverage relating to the investigation of, handling of, or response to a
pre -Lawsuit notice of an alleged violation or any indemnity for or payment of
Damages, fines, penalties, civil liability, or opposing party attorney's fees or
costs.
The defense -only coverage described in the preceding paragraph shall not be
provided to a Covered Party with respect to any Lawsuit where alleging a
violation of the Clean Water Act, the Porter -Cologne Water Quality Control
Act or general NPDES permit involving a pesticide discharge and either (1)
the Covered Party was not enrolled and covered under the applicable State
Water Resources Control Board General Statewide National Pollutant
Discharge Elimination System (NPDES) Permit for Biological and Residual
Pesticide Discharges to Waters of the United States from Vector Control
Applications at the time of the pesticide discharge or (2) the Covered Party
was not in substantial compliance with the terms and conditions of its
general NPDES permit at the time of the pesticide discharge.
iv. With regard to any actual or alleged violation of the California Environmental
Quality Act (CEQA) (Cal. Public Resources Code sections 21000-21177)
resulting in a CEQA Lawsuit against a Covered Party, the Agency will
provide a defense to the Covered Party and pay Defense Costs up to the
amount of $250,000 over the Retained Limit per Lawsuit, subject to an
aggregate limit of $1,000,000, per program year, all Covered Parties. This
exception to Exclusion 1 provides limited coverage only for Lawsuit Defense
Costs. It does not provide any indemnity for or payment of Damages, CEQA
compliance costs, or opposing party attorney's fees or costs.
In applying the aggregate limits in subsections (iii) and (iv) in the event of
multiple Lawsuits under those subsections in a single program year, the
Agency will pay covered Lawsuit Defense Costs on a first submitted (i.e.,
based on the date that the Agency receives a bill, invoice or other written
request for payment), first paid basis until the aggregate limit is exhausted.
10 VCJPA 2019/20 GL MOC
(e) Nothing contained in this exclusion shall operate to provide any coverage with
respectto:
i. Any site or location principally used by the Covered Party, or by others on
the Covered Party's behalf, for the handling, storage, disposal, dumping,
processing, or treatment of waste material;
ii. Any fines or penalties;
iii. Any clean-up costs ordered by the Superfund Program, or any federal, state,
or local governmental authority. However, this specific exclusion (c) shall
not serve to deny coverage for third party clean-up costs otherwise covered by
this endorsement simply because of the involvement of a governmental
authority;
iv. Acid rain;
V. Clean-up, removal, containment, treatment, detoxification, or neutralization
of Pollutants situated on premises the Covered Party owns, rents, or occupies
at the time of the actual discharge, dispersal, seepage, migration, release, or
escape of said Pollutants; or
vi. Water pollution caused by oil or its derivatives, except as used as authorized
under pesticide labeling.
2. Claims, including attorney's fees or salary or wage loss claims, by any potential, present, or
former employee or official of the Covered Party, arising out of, but not limited to, a
violation of civil rights or employment -related practices, policies, acts, or omissions,
including termination, coercion, demotion, evaluation, reassignment, discipline, defamation,
harassment, humiliation, or discrimination directed at that person. This exclusion extends to
claims of the spouse, child, unborn child or fetus, parent, brother, or sister of that person as a
consequence of injury to the person at whom any of the employment -related practices,
policies, acts, or omissions described above are directed.
3. Bodily Injury to:
(a) An employee of the Covered Party arising out of and in the course of:
i. Employment by the Covered Party; or
ii. Performing duties related to the conduct of the Covered Party's business; or
(b) The spouse, child, unborn child or fetus, parent, brother, or sister of the employee as
a consequence of paragraph (1) above.
This exclusion applies:
11 VCJPA 2019/20 GL MOC
i. Whether the Covered Party may be liable as an employer or in any other
capacity; and
ii. To any obligation to share Damages with or repay someone else who must
pay Damages because of the injury.
However, this exclusion does not apply to liability assumed under contract.
4. Any obligation under any workers' compensation, unemployment compensation, or disability
benefits law or any similar law.
These exclusions 2 and 4 apply whether the Covered Party may be liable as an employer or
in any other capacity.
Claims because of Bodily Injury, Personal Injury, or Property Damage arising out of
ownership, maintenance, management, supervision, or the condition of any airport.
6. Claims arising out of any professional Medical Malpractice:
(a) Committed by a doctor, osteopath, chiropractor, dentist, or veterinarian; or
(b) Committed by any health care provider, as defined in Business & Professions Code
Section 6146(c)(2), working for any hospital or hospital operated out -patient, in-
patient, or other clinic at the time of the occurrence giving rise to the loss.
7. Claims arising out of the hazardous properties of Nuclear Material.
8. Claims arising out of or in connection with inverse condemnation caused by the construction
of a public work or public improvement, land use regulation, land use planning, the
principles of eminent domain, or condemnation proceedings by whatever name called,
resulting from the initiative process, judicial, administrative, or legislative order, or
deliberate decision -making conduct of the Covered Party, and whether or not liability
accrues directly against any Covered Party by virtue of any agreement entered into by or on
behalf of any Covered Party. This exclusion does not apply to inverse condemnation claims
for Property Damage arising from accidental failure of a Covered Party's property or
equipment.
9. Property Damage to:
(a) Property owned by the Covered Party;
(b) Property rented to or leased by the Covered Party where it has assumed liability for
damage to or destruction of such property, unless the Covered Party would have been
liable in the absence of such assumption of liability; and
(c) Aircraft or watercraft in the Covered Party's care, custody, or control.
10. Claims arising out of the ownership, operation, use, maintenance, or entrustment to others of:
(a) any Aircraft or (b) any watercraft exceeding 50 feet in length. Ownership, operation, use,
12 VCJPA 2019/20 GL MOC
or maintenance as used herein does not include static displays of aircraft or watercraft in a
park or museum setting.
11. Claims arising out of a failure to perform or breach of a contractual obligation.
12. Claims arising out of liability assumed under any contract or agreement, except liability that
would be imposed by law in the absence of the contract or agreement, or when such
assumption is the subject of a duly issued Certificate of Additional Covered Party; but such
assumption is covered only up to the Limit of Coverage stated in the certificate. This
exclusion does not apply to liability assumed in a contract or agreement that is a Covered
Indemnity Contract, provided the Bodily Injury or Property Damage occurs subsequent to
the execution of the contract or agreement.
13. Fines, assessments, penalties, restitution, disgorgement, exemplary or punitive Damages.
This exclusion applies whether the fine, assessment, penalty, restitution, disgorgement,
exemplary or punitive damage is awarded by a court or by an administrative or regulatory
agency. Restitution and disgorgement as used herein refer to the order of a court or
administrative agency for the return of a specific item of property or a specific sum of money,
because such item of property or sum of money was not lawfully or rightfully acquired by the
Covered Party.
14. Ultimate Net Loss arising out of relief, or redress, in any form other than money Damages.
15. Claims arising out of the manufacture of, mining of, use of, sale of, installation of, removal
of, distribution of or exposure to radon, asbestos, asbestos products, asbestos fibers, asbestos
dust, or other asbestos containing materials, or:
(a) any obligation of the Covered Party to indemnify any party because of such claims,
or
(b) any obligation to defend any suit or claims against the Covered Party because of such
claims.
16. Claims for injury or Damages caused by intentional conduct done by the Covered Party with
willful and conscious disregard of the rights or safety of others, or with malice. However,
where the Covered Party did not authorize, ratify, participate in, consent to, or have
knowledge of such conduct by its past or present employee, elected or appointed official, or
volunteer, and the claim against the Covered Party is based solely on its vicarious liability
arising from its relationship with such employee, official, or volunteer, this exclusion does
not apply to said Covered Party.
17. Claims by any Covered Party against its own past or present elected or appointed officials,
employees, volunteers, or additional covered parties where such claim seeks Damages
payable to the Covered Party.
18. Claims arising out of oral or written publication of material, if done by or at the direction of
the Covered Party with knowledge of its falsity.
19. Claims arising out of liability imposed on any Covered Party under any
13 VCJPA 2019/20 GL MOC
uninsured/underinsured motorist law or Automobile no-fault law.
20. The cost of providing reasonable accommodation pursuant to the Americans with Disabilities
Act, Fair Employment and Housing Act, or similar law.
21. Refund or restitution of taxes, fees, or assessments.
22. Claims for refund, reimbursement, or repayment of any monies to which a Covered Party
was not legally entitled.
23. Claims arising in whole or in part out of the violation of a statute, ordinance, order, or decree
of any court or other judicial or administrative body, or rule of law, committed by or with the
knowledge or consent of the Covered Party (except as otherwise provided by the exceptions
in section VI(1)(d)).
24. Claims arising out of estimates of probable cost or cost estimates being exceeded or faulty
preparation of bid specifications or plans including architectural plans.
25. Under Public Officials Errors and Omissions Coverage:
(a) Bodily Injury, Personal Injury, or physical injury to tangible property, including all
resulting loss of use of that property.
(b) Benefits payable under any employee benefit plan.
26. Claims arising out of the ownership, operation, use, maintenance or entrustment to others of
an Unmanned Aircraft System. However, this exclusion shall not apply if all of the following
conditions are met with respect to any use or operation of an Unmanned Aircraft System
which gives rise to a claim:
(a) The Unmanned Aircraft System is operated in compliance with applicable federal,
state, and local laws, rules and regulations, including but not limited to Federal
Aviation Administration (FAA) rules and regulations.
(b) The operation of the Unmanned Aircraft System is in the course of legitimate activity
which was approved by a member employee or official, which employee or official
was acting in a management or supervisorial role when approving the operation of
the Unmanned Aircraft System.
(c) The Governing Body of the member before use has approved use of Unmanned
Aircraft Systems.
The exclusions in this section VI do not apply to Wrongful Employment Practices coverage as
described in sections I and II and the Employment Risk Management Authority Memorandum of
Coverage. Rather, the applicable coverage exclusions are those set forth in the Employment Risk
Management Authority Memorandum of Coverage.
14 VCJPA 2019/20 GL MOC
SECTION VII - CONDITIONS
Covered Pariy's Duties in the Event of Occurrence, Claim, or Suit
(a) The Covered Party shall notify the Agency within 30 days upon receipt of notice of a
claim, or the establishing of a reserve on any claim or suit (including multiple claims
or suits arising out of one Occurrence), such claim or reserve amounting to fifty
percent or more of the Retained Limit; Title 42 U.S.C. 1983 cases in which a
complaint has been served or with reserves of twenty-five percent or more of the
Retained Limit; or regardless of reserve, any Occurrence involving:
i.
One or more fatalities,
ii.
Loss of a limb or amputations,
iii.
Loss of use of any sensory organ,
iv.
Spinal cord injuries (quadriplegia or paraplegia),
V.
Third degree burns involving ten percent or more of the body,
vi.
Serious facial disfigurement,
vii.
Paralysis,
viii.
Closed head injuries,
ix.
Serious loss of use of any body function, or
X.
Long-term hospitalization.
Written notice containing particulars sufficient to identify the Covered Party and also
reasonably obtainable information with respect to the time, place, and circumstances
thereof, and the names and addresses of the Covered Party and of available
witnesses, shall be given to the Agency or any of its authorized agents as soon as
possible.
(b) If a claim is made or suit is brought against the Covered Party and such claim or suit
falls within the descriptions in paragraph (a) above, the Covered Party shall be
obligated to forward to the Agency every demand, notice, summons, or other process
received by it or its representative.
(c) The Covered Party shall cooperate with the Agency and upon its request assist in
making settlements, in the conduct of suits and in enforcing any right of contribution
or indemnity against any person or organization who may be liable to the Covered
Party because of Bodily Injury, Personal Injury, Property Damage, or Public
Officials Errors and Omissions with respect to which coverage is afforded under this
Memorandum; and the Covered Party shall attend hearings and trials and assist in
securing and giving evidence and obtaining the attendance of witnesses.
(d) The Agency shall be entitled to complete access of the Covered Party's claim file, the
defense attorney's complete file, and all investigation material and reports, including
all evaluations and information on negotiations. The Covered Party shall be
responsible to report on the progress of the litigation and any significant
developments at least quarterly to the Agency, and to provide the Agency with
simultaneous copies of all correspondence provided to the Covered Party by its
defense attorneys and/or agents.
15 VCJPA 2019/20 GL MOC
2. Bankruptcy or Insolvency
Bankruptcy or insolvency of the Covered Party shall not relieve the Agency of any of its
obligations hereunder.
Other Coverage
If insurance or any other coverage with any insurer, joint powers authority or other source
respectively is available to the Covered Party covering a loss also covered hereunder
(whether on primary, excess, or contingent basis), the coverage hereunder shall be in excess
of, and shall not contribute with, such other insurance or coverage.
This coverage shall be in excess of, and shall not contribute with, any insurance or coverage
which names a Covered Party herein as an additional Covered Party or additional insured
party, where coverage is extended to a loss also covered hereunder.
4. Severability of Interests
The term Covered Party is used severally and not collectively, but the inclusion herein of
more than one Covered Party shall not operate to increase the limits of the Agency's liability
or the Retained Limit applicable per Occurrence.
Accumulation of Limits
A claim which contains allegations extending to a duration of more than one Coverage
Period shall be treated as a single Occurrence arising during the first Coverage Period when
the Occurrence begins.
6. Termination
This Memorandum -may be terminated at any time in accordance with the Bylaws of the
Agency.
7. Changes
Notice to any agent or knowledge possessed by any agent of the Agency or by any other
person shall not effect a waiver or a change in any part of this Memorandum of Coverage,
nor shall the terms of this Memorandum of Coverage be waived or changed, except by
endorsement issued to form a part of this Memorandum of Coverage.
8. Subrogation
The Agency shall be subrogated to the extent of any payment hereunder to all the Covered
Parties' rights of recovery thereof and the Covered Parties shall do nothing after loss to
prejudice such right and shall do everything necessary to secure such right. Any amounts so
recovered shall be apportioned as follows:
16 VCJPA 2019/20 GL MOC
(a) The highest layer of coverage shall be reimbursed first, and if there are sufficient
recoveries, then the next highest layer shall be reimbursed until all recoveries are
used up.
(b) The expenses of all such recovery proceedings shall be paid before any
reimbursements are made. If there is no recovery in the proceedings conducted by
the Agency, it shall bear the expenses thereof.
Arbitration
Decisions by the Agency whether to assume control of the negotiation, investigation, defense,
appeal, or settlement of a claim, or whether or not coverage exists for a particular claim or
part of a claim shall be made by the Board of Directors of the Agency.
Any dispute concerning a decision of the Agency to deny coverage for all or part of a claim
shall not be subject to any court action, but shall instead be submitted to binding arbitration.
The Covered Party must exhaust the right to appeal to the Board of Directors before
requesting arbitration of a dispute.
Arbitration shall be conducted pursuant to the California Code of Civil Procedure.
Arbitration shall be conducted by a three -person panel. The Covered Party or parties shall
select one arbitrator and the Agency shall select one arbitrator, and the two arbitrators shall
select a third arbitrator upon mutual agreement. No arbitrator shall be employed or affiliated
with the Agency or the Covered Party or parties.
The selection of arbitrators shall take place within twenty (20) calendar days from the receipt
of the request for arbitration. The arbitration hearing shall commence within forty-five (45)
calendar days from the date of the selection of the arbitrators.
Each party shall bear the cost of its selected arbitrator and one-half the cost of the third
selected arbitrator. In addition, each party shall be responsible for its own costs and expenses
of arbitration.
Except for notification of appointment and as provided in the California Code of Civil
Procedure, there shall be no communication between the "parties" and the arbitrator(s)
relating to the subject of the arbitration other than at oral hearings.
The procedures set forth in California Code of Civil Procedure Section 1293.05 relating to
depositions and discovery shall apply to any arbitration pursuant to this paragraph 9.
Except as provided otherwise above, arbitration shall be conducted as provided in Title 9 of
the Code of Civil Procedure (commencing with Section 1280).
The decision of the panel of arbitrators shall be final and binding, and shall not be subject to
appeal.
17 VCJPA 2019/20 GL MOC
VECTOR CONTROL JOINT POWERS AGENCY
MEMORANDUM OF COVERAGE
POOLED LIABILITY PROGRAM
ENDORSEMENT NO. 1
It is understood that the Named Covered Party of the Declarations is completed as follows:
Vector Control Joint Powers Agency,
Member Retained Limit
Alameda County Mosquito Abatement District
$
10,000
Burney Basin Mosquito Abatement District
$
1,000
Butte County Mosquito and Vector Control District
$
10,000
Coachella Valley Mosquito and Vector Control District
$
25,000
Coalinga -Huron Mosquito Abatement District
$
1,000
Colusa Mosquito Abatement District
$
1,000
Compton Creek Mosquito Abatement District
$
2,500
Consolidated Mosquito Abatement District
$
10,000
Contra Costa Mosquito and Vector Control District
$
50,000
Delta Vector Control District
$
5,000
Durham Mosquito Abatement District
$
1,000
Fresno Mosquito and Vector Control District
$
5,000
Glenn County Mosquito and Vector Control District
$
1,000
Greater Los Angeles County Vector Control District
$
75,000
Kings Mosquito Abatement District
$
5,000
Lake County Vector Control District
$
2,500
Los Angeles County West Vector Control District
$
25,000
Marin-Sonoma Mosquito and Vector Control District
$
50,000
Mosquito and Vector Management District of Santa Barbara County
$
2,500
Napa County Mosquito Abatement District
$
5,000
Northern Salinas Valley Mosquito Abatement District
$
2,500
Northwest Mosquito and Vector Control District
$
5,000
Orange County Mosquito and Vector Control District
$
25,000
Oroville Mosquito Abatement District
$
1,000
Pine Grove Mosquito Abatement District
$
1,000
Placer Mosquito and Vector Control District
$
1,000
Sacramento-Yolo Mosquito and Vector Control District
$
50,000
San Gabriel Valley Mosquito and Vector Control District
$
10,000
San Joaquin County Mosquito and Vector Control District
$
50,000
San Mateo County Mosquito and Vector Control District
$
10,000
Shasta Mosquito and Vector Control District
$
2,500
Sutter -Yuba Mosquito and Vector Control District
$
10,000
Tehama County Mosquito and Vector Control District
$
1,000
Turlock Mosquito Abatement District
$
10,000
West Valley Mosquito and Vector Control District
$
10,000
Attached to and Forming Part of Policy No. VCJPA 2019-1GL
Effective Date: July 1, 2019
Authorized Representative
Endt # 1
7/1/2019