HomeMy WebLinkAboutUkiah Valley Cultural and Recreation Center 2021-11-11 COU NO. 2021-134
CITY OF UKIAH AND
UKIAH VALLEY CULTURAL AND RECREATION CENTER
MANAGEMENT AGREEMENT FOR THE
ALEX RORABAUGH RECREATION CENTER
This Agreement ("Agreement") amends, restates and replaces all prior agreements be-
tween the City Of Ukiah ("City) and the Ukiah Valley Cultural and Recreation Center ("UVCRC")
including amendment numbers 1-5, and is made and entered this day of 12020
("Effective Date"), by and between the City, a California general law city ("City"), and the
UVCRC, non- profit public benefit corporation for operation of the Alex Rorabaugh Recreation
Center("ARRC") located at 1640 South State Street, Ukiah, California.
Recitals
A. Under an Agreement for the Construction, Operation, Maintenance of a Gymnasium by
and between the Ukiah Unified School District and Ukiah Valley Cultural and Recrea-
tional Center, dated , 2009, the UVCRC has a right of possession and use of the
ARRC, a 21,000 square foot community recreation center which includes multipurpose
rooms, gymnasium, court yard, office space, and kitchen.
B. The City of Ukiah is experienced in operating community facilities and collaborative rec-
reation/leisure activities in the Ukiah Valley area.
C. The City and the UVCRC desire to take advantage of the City's experience in recrea-
tion/leisure programming and facility management to ensure responsibility
for the ARRC's operations including its financial performance, while remaining in line
with the ARRC's mission to engage, inspire and mobilize resources -people, programs,
partners and funding —to provide a safe place, especially for kids, to learn, play and rec-
reate.
D. The parties believe they can maximize the programs offered and better control the ex-
penses of operating the ARRC, if the City, using City employees, manages the operation
of the facility.
E. The parties desire to set forth the terms and conditions of their relationship in this Center
Operating Plan, ("COP"), which is attached here to this Agreement as Exhibit A; however
it is intended that specific services provided by each party and the operating relation-
ships may change over the course of this Agreement in order to meet community needs.
F. The City and UVCRC commit themselves to work together in the spirit of partnership for
the success of the ARRC, subject to the terms and conditions of this Agreement, and to
deal with each other with fairness, respect, cooperation, and good faith in the operation
of the ARRC and performance of this Agreement. The City and UVCRC commit to
promptly resolve disputes over this Agreement and/or ARRC operations.
NOW THEREFORE, the parties agree as follows.
Agreement
1. Parties to the Agreement.
City is the City of Ukiah, 300 Seminary Avenue, Ukiah, California 95482, with its principal
contact for purposes of this Agreement as follows:
City Manager
300 Seminary Avenue
Ukiah, CA 95482
Phone: 707-463-6221
Fax: 707-463-6740
UVCRC is the Ukiah Valley Cultural and Recreation Center, or Alex Rorabaugh Recreation
Center (ARRC) 1640 South State Street#1, Ukiah, California 95482, with its principal con-
tact for purposes of this Agreement as follows:
Executive Director
ARRC
1640 South State Street#1
Ukiah, CA 95482
Phone: 707-462-8562
Fax:
2. Term
2.1 The term of this Agreement shall commence on , 2020 and terminate
at midnight on , 2025, unless earlier terminated by either
party as provided in Section 2.2. The term of this Agreement shall be five (5)
years. However the parties may agree to extend the agreement for three addi-
tional two year terms or additional terms of any length to which they agree in
writing. Upon expiration of a term, this Agreement will continue on a month-to-
month basis, until either party gives notice of termination in writing not less than
thirty (30) days in advance of the proposed termination date.
2.2 In addition to the provision of Section 5.6 below, either party may request an
early termination of this Agreement. Such a request must be made in writing,
and must be made a minimum of ninety days in advance of proposed termina-
tion date, unless City and UVCRC mutually agree to a lesser time. Provided
that such written request is timely made, termination shall occur upon the speci-
fied termination date.
3. Management and Staffing.
City and UVCRC agree to cooperatively manage and operate the ARRC as a successful recrea-
tion center for the benefit of the public. A "Recreation Supervisor" or other classification as de-
termined by the City, shall be employed by the City and responsible for all ARRC operations.
The initial Center Operating Plan (COP) is attached to this Agreement and is incorporated into
this Agreement by this reference. The COP, among other things, details staff duties and operat-
ing relationships. The parties hereby authorize the City of Ukiah City Manager ("City Manager')
and the UVCRC Board to modify in writing the COP from time to time as may be necessary to
facilitate efficient operations of the ARRC consistent with the intent of this Agreement.
A Recreation Supervisor shall have operational authority for the management and operation of
the ARRC. The duties and responsibilities of the Recreation Supervisor shall include, but not be
limited to:
a. Managing the ARRC so that it is developed and maintained as a success-
ful recreational center.
b. Managing rentals and use of the facility.
c. Preparing and administering the annual budget and work plan for devel-
opment and operation of the ARRC.
d. Preparing the progress reports on the budget for approval by the City
Council as requested.
e. Organizing, scheduling, and directing City employees, volunteers, and in-
dependent contractors assigned to the ARRC.
f. Reporting on status of operations at the ARRC as requested, including,
but not limited to, providing reports intended for the City
Council and UVCRC Board of Directors.
g. Performing all duties that are usual and customary and normally associ-
ated with the position of a Recreation Supervisor of a public recreation
center.
Notwithstanding the parties' agreement to cooperatively manage and operate the ARRC, City
employees working at the ARRC are employed solely by the City, and the City retains all re-
sponsibilities associated with their employment. UVCRC employees working at the ARRC are
employed solely by the UVCRC, and the UVCRC retains all responsibilities associated with their
employment. The parties agree to cooperate fully with each other in resolving any employment
issues. The UVCRC agrees to indemnify and hold the City, its agents, officers and employees
harmless from any claim or damage resulting from an employment matter involving an ARRC
UVCRC employee acting within the scope of employment. The City agrees to indemnify and
hold the UVCRC, its agents, officers and employees harmless from any claim or damage result-
ing from an employment matter involving an ARRC City employee acting within the scope of
employment. "Employment matter," as used herein means any claim or liability arising out of
the employer/employee relationship or which could be asserted by an employee against his or
her employer.
Staff for a joint event may be comprised of employees of both the City and the UVCRC pending
availability. It is acknowledged and agreed between the parties that to achieve the optimum
performance, City employees may be directed to work at the ARRC on UVCRC activities within
the scope of this Agreement and UVCRC employees may be directed to work at the ARRC on
City activities within the scope of this Agreement. However, UVCRC shall have the exclusive
authority to oversee and direct the activities of its employees and volunteers and the City shall
have the exclusive authority to oversee and direct the activities of its employees and volunteers.
The UVCRC shall have no authority over or control the performance of City employees and the
City and its employees, including the Recreation Supervisor shall have no authority over or con-
trol the performance of UVCRC employees or volunteers.
The Recreation Supervisor for the City and the UVCRC Executive Director shall meet periodi-
cally to evaluate ARRC operations and shall prepare no later than July 30th of each year and
present as soon as practicable thereafter an annual report on ARRC operations to the Board of
Directors of the UVCRC. The report shall include user data for tenants and programming, as
well as data on the financial performance of the ARRC. The Recreation Supervisor and Execu-
tive Director may jointly request assistance from the City and UVCRC staff in development of
the annual report.
4. Grounds and Facilities
The UVCRC shall retain all of its right, title and interest, as such may appear, in the grounds,
buildings, structures and all other improvements, and its equipment. Subject to approval of the
Recreation Supervisor, certain equipment owned by the UVCRC may be used at the ARRC;
provided, however, any such equipment must be identified in writing attached to the COP and
the equipment must be clearly identifiable or marked as UVCRC property on the equipment it-
self. Items must be identified in writing within thirty (30) days of the Effective Date.
The City and UVCRC agree that both parties shall continue joint use of the grounds, buildings,
equipment and other improvements at the ARRC in furtherance of this Agreement. The parties
shall jointly determine the most effective use of the ARRC grounds, buildings, equipment and
other improvements subject to the approval of the City's Community Services Administrator, or
such other individual designated in writing by the City Manager, in consultation with the Execu-
tive Director for the UVCRC, or such other individual designated in writing by the UVCRC Board
President.
5. Budget and Funding
5.1 The parties agree that it is the intent of the arrangement governed by this
Agreement that revenues generated by ARRC programs and usage will be suf-
ficient to cover operating expenses (including by not limited to, maintenance
and contributions to any capital improvement reserves established in the budg-
et). (For purposes of this Agreement "fiscal year" shall mean the twelve con-
secutive months beginning July 1st of the year first referenced and ending June
30 of the year last referenced. For example, "fiscal year 2008/2009" means the
period beginning Jul 1, 2008 and ending June 20, 2009.)
a. In February of each year, the Recreation Supervisor and Executive Direc-
tor of the UVCRC ("Executive Director") shall develop budget assump-
tions related to the ARRC operating budget for the following fiscal year.
b. Before March 15th, or on another mutually-agreed upon date, the Recrea-
tion Supervisor and Executive Director shall develop a preliminary pro-
posed annual ARRC operating budget and work plan. The budget will in-
clude estimated costs and revenue from rental and activities as well as
agreed-upon capital improvement reserves. The UVCRC may agree to
the preliminary proposed ARRC operating budget and work plan or termi-
nate this Agreement subject to the notification provisions of section 5.6.
c. The proposed annual budget and work plan and the latest progress report
will be included in the City Manager's Recommended Budget, which must
be submitted to the City Council during the budget sessions usually held
in May. Once the City Council has established the annual operating
budget, the UVCRC may agree to the ARRC operating budget or termi-
nate this Agreement subject to the notification provisions of section 5.6.
d. Once the annual budget and work plan are approved by the City Council,
that annual budget and work plan shall be implemented by the Recreation
Supervisor for the upcoming fiscal year.
5.2 The City shall pay an agreed-upon amount for City programs held at the ARRC
and other identified usage including but not limited to rental of office space. The
foregoing payments shall be made to the ARRC revenue fund managed by the
City of Ukiah. City will provide detailed usage reports along with the documenta-
tion of the payments to the UVCRC Executive Director.
5.3 The City and UVCRC may agree to a mid-year budget adjustment to the ARRC
budget in special circumstances including, but not limited to, a significant unex-
pected expense affecting the ARRC operations which could not be reasonably
anticipated or controlled.
5.4 The City shall provide UVCRC with quarterly reports on the operating position
of the ARRC. Both parties agree to maintain agreed-upon customer service
standards and accessibility over the course of the year, while recognizing that
operations may change over the year in order to meet financial objectives for
ARRC operations.
5.5 As part of the annual budget and work plan adoption process, the parties will
agree on a method for separately accounting for fee-based activities and usage.
Any net operating gain or loss shall follow the procedures as set forth in the
COP "Budgeting Section".
5.6 In the event that the UVCRC does not agree to the annual budget and work
plan as approved by the City Council, this Agreement shall terminate. The
UVCRC will notify the City in writing that this Agreement shall be terminated
ninety days from the date of notification, or on another date as agreed-upon by
the parties. Distribution of net operating gain or loss shall be suspended during
the six-month notice period. Likewise, the UVCRC shall not be obligated to pay
the amount of revenue shortfalls, as described in section 5.5, during the six-
month notice period. The parties acknowledge and agree that such a termina-
tion will require a substantial amount of time to accommodate ongoing obliga-
tions at the ARRC and to enable full separation of responsibilities and obliga-
tions of the parties. The parties agree to cooperate reasonably one with the
other in such an event to facilitate such a separation as expeditiously as possi-
ble. Termination of this Agreement as provided in this Section (with each party
bearing its own costs) shall be the sole remedy of the parties.
6. Programming and Pricing
6.1 The City and UVCRC will agree upon pricing as part of the annual budget and
work plan process. This includes all facility rates, rentals and usage fees, to be
presented to the UVCRC during the annual report.
6.2. The parties acknowledge that the scope of community services offered at the
ARRC, including youth, family, intergenerational, special event, and adaptive pro-
gramming, may evolve over time.
6.3 It is intended that the annual City Council approval of the budget and work plan
will authorize the City Manager to adjust prices and programming as needed in
accordance with a City Council adopted policy or directive.
7. Reserved Uses
7.1 In an effort to continue active fundraising and accommodate shared use agree-
ments a series of partnerships and reserved uses have been outlined. These re-
served uses may change from time to time. The changes or additions to these re-
served uses will be agreed upon jointly between the UVCRC and the City and will
be documented appropriately.
The current"reserved uses" are set forth as follows:
"Exhibit B" Ukiah Unified School District:
Addendum to Agreement: Use of Property
"Exhibit C" Ukiah Valley Cultural Recreational Center: Use of Property
8. Revenues and Marketing
8.1 The parties agree that Ukiah Valley residents are intended to be the primary bene-
ficiaries of the ARRC, although the ARRC will be available or the use of non-
residents as well. To that end, the parties desire to develop a marketing plan and
activity program pricing structure that will accomplish the foregoing goal and will
provide adequate revenues to cover annual operating expenditures. The parties
also intend to jointly and/or individually seek grants or other sources of funding
which may be available to provide existing or expanded services and programs at
the ARRC. Both parties agree to cooperate fully, one with the other, in such en-
deavors.
8.2 The parties agree that there shall be no discrimination based upon race, color,
creed, religion, gender, marital status, age, disability, national origin, sexual orien-
tation, or ancestry, in any activity or membership offered pursuant to this Agree-
ment.
9. Audits, Record Retention and Inspection.
The parties understand and agree that the City is a public entity and as such is subject
to various laws including, but not limited to, the California Public Records Act, and as
such members of the public as well as representatives of governmental agencies
have access to and the right to examine, audit, excerpt, copy or transcribe any perti-
nent transaction, activity, or other records of each party relating to this Agreement.
Such material, including, but not limited to, all pertinent costs, accounting, and finan-
cial records shall be retained by each party for a period of at least five (5) years after
their creation date.
Each party grants the other party, at the requesting party's expense, the right to con-
duct at any reasonable time an audit and re-audit of the books, records and business
conducted related to this Agreement and observe the operation of the business so that
the accuracy of the above records and any of the invoices for services provided can
be confirmed.
In the event of any dispute between the parties as to financial matters, the parties
agree, as their sole remedy, to mutually choose an independent auditor to conduct an
investigation of the disputed matter. If the parties are unable to mutually choose an
auditor, each party shall identify one auditor and those two auditors shall choose a
third, independent auditor to conduct the investigation. The auditor so named shall be
deemed to have been mutually chosen by the parties. If, as a result of the investiga-
tion of the mutually chosen auditor, any adjustment in payment is required by either
party, such payment shall be made within sixty (60) days of receipt of written demand
for same. The decision of the mutually chosen auditor shall be final and binding upon
the parties.
10. Dispute Resolution
10.1 Operational Issues. Except as otherwise specifically set forth in this Agreement,
any dispute concerning day to day operational decisions in the implementation of
this Agreement as further detailed in the COP shall be resolved by the Community
Services Administrator and the Executive Director of the UVCRC. For any dis-
putes which cannot be resolved by these individuals, either party may request that
the Ukiah City Manager jointly resolve the dispute with the UVCRC Board Presi-
dent.
10.2 Other Issues. Should other disputes arise between the parties for which a dis-
pute resolution mechanism or remedy is not otherwise specifically set forth in this
Agreement, and the parties are unable to resolve such matters between them-
selves by negotiation after the complaining party has provided the other party writ-
ten notice of the complaint and a reasonable opportunity to cure the problem, then
such disputes shall be resolved through mediation. Both parties shall participate
in mediation for a minimum of a 60-day period prior to taking the dispute through
the court process. In the event the dispute is not resolved through mediation then
the item shall be resolved in the courts of the County of Mendocino County in ac-
cordance with applicable law and procedure, including any claims procedures that
may be required by law with respect to a general law city.
10.3 Termination Option. If either party seeks judicial redress of a dispute as set
forth in section 10.2, that action shall give either party the opportunity to termi-
nate this Agreement by providing the other party ninety days advance written
notice of such desire to terminate. The action to terminate this Agreement de-
scribed in this section is not intended nor shall it adversely affect the process set
forth in section 10.2.
11. Indemnification
11.1 The City agrees to indemnify, defend and hold harmless UVCRC, its agents, of-
ficer and employees, from and against any and all liability, expense, including
defense costs and legal fees, and claims for damages of any nature whatsoever,
including, but not limited to, bodily injury, death, personal injury, or property
damage arising from or connected with City's operations or its services under
this Agreement, including any Worker's Compensation suits, liability or expense,
arising from or connected with services performed by or on behalf of the City by
any person pursuant to this Agreement. City's duty to indemnify UVCRC shall
survive the expiration or other termination of this Agreement.
11.2 The UVCRC agrees to indemnify, defend and hold harmless City, its agents, of-
ficer and employees, from and against any and all liability, expense, including
defense costs and legal fees, and claims for damages of any nature whatsoever,
including, but not limited to, bodily injury, death, personal injury, or property
damage arising from or connected with UVCRC's operations or its services un-
der this Agreement, including any Worker's Compensation suits, liability or ex-
pense, arising from or connected with services performed by or on behalf of the
UVCRC by any person pursuant to this Agreement. UVCRC's duty to indemnify
City shall survive the expiration or other termination of this Agreement.
12. Insurance
12.1 General Requirements. Without limiting UVCRC's indemnification of City or limit-
ing City's indemnification of UVCRC, City shall provide the following coverage
under its Memorandum of Coverage with the Redwood Empire Municipal Insur-
ance Fund ("REMIF"):
a. During the term of this Agreement, the ARRC shall be insured against
damage or loss to the structure and its contents resulting from fire, light-
ning and other risks under Redwood Empire Municipal Insurance Fund
("REMIF") memorandum of coverage ("MOC as defined in attachment
XXX). Such coverage shall terminate upon termination of this Agreement.
In the event of a loss or damage to the ARRC, UVCRC agrees to comply
with all MOC requirements, including, but not limited to, the time and man-
ner of reporting a covered event and paying from the ARRC Operating
Fund maintained by the City and the Capital Improvement Fund main-
tained by the UVCRC the portion of damage subject to the deductible un-
der the REMIF coverage. UVCRC agrees that City shall have no liability
for any damage or loss to the ARRC and that UVCRC's sole recourse
against the City in the event of loss or damage to the ARRC or its contents
however caused, including, but not limited to, the negligence of the City or
its officers, agents, contractors, employees or volunteers, is to the cover-
age afforded under the MOC.
b. Through REMIF, the City shall provide exclusive coverage for claims,
damages, liability and expense arising from events and programming con-
ducted at the ARRC by the City or the UVCRC. Such coverage provided
by the City shall be limited to general liability, workers' compensation, and
auto liability coverage available to the City through REMIF. This cover-
age applies only to events and programming being directly facilitated by
the City or the UVCRC. A use of the facility by a third party that is being
sponsored by the UVCRC is still required to secure separate liability insur-
ance as required in Exhibit D.
12.2 The parties agree and will ensure that all staff are trained in all safety related
matters as required by law or appropriate for the services provided at the ARRC.
This includes both criminal history checks as part of pre-employment screening.
13. Notices
Any notice, consent, authorization or other communication to be given shall be in writing
and deemed duly given and received when (a) delivered personally, (b) transmitted by fac-
simile, (c) one business day after being deposited for next-day delivery with a nationally
recognized overnight delivery service, or (d) three business days after being mailed by
first class mail, charges and postage prepaid, and in all cases properly addressed to the
party to receive such notice at the last address furnished for such purpose by the party to
whom notice is directed.
In the case of notices to be given to the City, notice shall be addressed as follows:
City Manager
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
Phone: 707-463-6200
Fax: 707-463-6740
With a copy to: City Clerk
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
Phone: 707-463-6200
Fax: 707-463-6740
In the case of notices to be given to the UVCRC, notice shall be addressed as follows:
Board President
Ukiah Valley Cultural and Recreation Center
1640 South State Street#1
Ukiah, CA 95482
Phone: 707-462-8562
Fax:
Either party may change its address or other contact information by giving notice in writing
to the other party as specified in this section.
14. Amendments.
This Agreement shall only be amended by a writing signed by both parties after approval
by the City Council and UVCRC Board of Directors.
15. Appropriations.
The payment of any obligations of the City described in this Agreement is subject to the
annual appropriation of funds for said payments by the City Council. This provision does
not affect any obligation of the City for payment of funds attributable to a fiscal year for
which an annual budget has been approved.
16. Miscellaneous Provisions.
16.1 Good Faith and Cooperation. The City and UVCRC agree that it is in their mu-
tual best interest and in the best interest of the public that the ARRC be operated
and managed as herein agreed and, to that end, the parties shall in all instances
cooperate and act in good faith in compliance with all of the terms, covenants, and
conditions of this Agreement and shall deal fairly with each other.
16.2 Severability. If any provision of this Agreement, or the application of such provi-
sion to any party or circumstance, shall be held by a court of competent jurisdic-
tion to be invalid or unenforceable, the remainder of this Agreement, or the appli-
cation of such provision to such party or circumstance other than those to which it
is held to be invalid or unenforceable, shall not be affected thereby.
16.3 Governing Law. This Agreement shall be governed by and construed and inter-
preted in accordance with the laws of the State of California, without regard to that
state's conflict of laws principles.
16.4 Entire Agreement. This Agreement contains the entire agreement of the parties
and supersedes all prior to contemporaneous written or oral negotiations, corre-
spondence, understandings and agreements between the parties regarding the
subject matter hereof.
16.5 Parties in Interest. Nothing in this Agreement shall confer any rights or remedies
under or by reason of this Agreement on any party other than the UVCRC and the
City nor shall anything in this Agreement relieve or discharge the obligation or lia-
bility of any third party to any party to this Agreement nor shall any provision give
any third party any right of subrogation or action over or against any party to this
Agreement.
16.6 Waiver. Failure of either party to complain of any action, non-action or default
of the other party shall not constitute a waiver of such party's rights hereunder
with respect to such action, non-action or default. Waiver by the UVCRC or City of
any right or any default hereunder shall not constitute a waiver of any subsequent
default of the same obligation or for any other default, past, present or future. No
payment by a party, or acceptance by the other party, of a lesser amount than
shall be due from one party to the other shall be treated otherwise than as a pay-
ment on account. The acceptance by a party of a check for a lesser amount, with
an endorsement or statement thereon, or upon any letter accompanying such
check, that such lesser amount is payment in full, shall be given no effect, and a
party may accept such check without prejudice to any rights or remedies which it
may have against the other party.
16.7 Construction. This Agreement has been negotiated by the parties and their re-
spective legal counsel and will be fairly interpreted in accordance with its terms
and without strict construction in favor of or against any party.
16.8 No Assignment. This Agreement, nor any part of it nor any right or obligation
arising from it shall be assigned without the express written consent of the parties.
16.8 Independent Contractor Status. The parties shall at all times be acting as inde-
pendent contractors. This Agreement is not intended, and shall not be construed
to create the relationship of servant, employee, partner, joint venture or associa-
tion as between the parties. The parties understand and agree that any of their
personnel furnishing services to the ARRC under this Agreement are employees
solely of the party which hired such personnel for purposes of workers' compen-
sation liability and for purposes of receiving all other types of employee benefits.
The parties shall bear the sole responsibility and liability for furnishing workers'
compensation benefits to any personnel hired by them for injuries arising from or
connected with services performed under this Agreement, and shall bear the sole
responsibility and liability for furnishing all other employee benefits to any person-
nel hired by them.
IN WITNESS WHEREOF, the UVCRC and the City have executed this Agreement as of the day
and year first above written.
UVCRC
By:
Name:
Title:
Approved as to form:
Name: David Rapport
Title: City Attorney
City Of Ukiah
By:
Name: Sage Sangiacomo
Title: City Manager
Exhibit A
Center Operating Plan
for the
'OPR
oA C
A We and Fun 'place for
1 Children 4 Adults
Alex R,orabaugh GYM 4,Recreation Center
Presented by the City of Ukiah
City of Ukiah
February 15, 2011
Revised November 11, 2020
TABLE OF CONTENTS
INTRODUCTION I
PARTNERING WITH COMMUNITY SERVICES 1
CAPACITY AND READINESS 3
COMMUNITY SERVICES DEPARTMENT ORGANIZATIONAL CHART 4
GENERAL POLICIES&PROCEDURES 5
FACILITY MANAGEMENT AND STAFFING 5
MARKETING 6
FACILITY MAINTENANCE 6
SECURITY SYSTEMS 7
INSURANCE 8
BUDGETING 9
ACCOUNTING,BOOKING AND FINANCIAL REPORTING
APPENDICES
A) PREVENTIVE MAINTENANCE SCHEDULE
I. PREVENTIVE MAINTENANCE SCHEDULE
B) LEASING AND OCCUPANCY
I. LEASING AND OCCUPANCY
II. MOVE IN PROCEDURES
III. MOVE OUT PROCEDURES
IV. SECURITY DEPOSITS
V. RENT COLLECTION POLICIES AND PROCEDURES
VI. CONTRACTS AND DISBURSEMENTS
VII. TENANT RELATIONS
VIII. CONTRACT ADMINISTRATION
IX. EVICTION PROCEDURES
INTRODUCTION
This plan has been developed to set forth the scope of activities relating to the property
management of the Alex Rorabaugh Recreational Center(hereinafter ARRC) as managed by
City of Ukiah(hereinafter City) working under agreement with the Ukiah Valley Cultural &
Recreational Center Inc(Hereinafter UVCRC).
It outlines the responsibilities of Management Staff as described below, and details the
policies and procedures to be observed in the management of the ARRC.
"The Plan"may be subject to an annual review and possible modification by the City and the
UVCRC if necessary each January. Any modifications to"The Plan"will be made in writing,
dated and approved by both parties.
Ukiah Valley Cultural & Recreational Center
Vision Statement
(Approved June 2014)
Kids, adults and families active and connected to the community.
Mission Statement
(Approved June 2014)
To engage, inspire and mobilize people, programs, partners and funding to
provide a safe place, especially for kids, to learn, play and recreate.
Values
(Approved July 2014)
• People- Safe, accessible and welcoming spaces for people of all ages
and abilities
• Programs- Varied opportunities for learning, play and recreation
• Service- Deliver the highest quality of service through the personal
commitment and dedicated effort of our board, staff and volunteers
PARTNERING WITH COMMUNITY SERVICES
The Community Services Department plays an important role in creating a healthy
community through diverse and innovative recreation programming. We provide space to
learn &play,space to be safe&secure, and space to create& imagine.
Space to Learn&Play
The Community Services Department provides space to:
*Foster human development for children, youth,teens, adults and seniors
Center Operating Plan Page 1
•Increase cultural unity
*Promote health and wellness
*Provide recreational experience
Space to be Safe & Secure
The Community Services Department provides space to:
*Strengthen community image and sense of place
*Support economic development
*Strengthen safety and security
Space to Create& Imaging
The Community Services Department provides space to:
•Facilitate community problem-solving
*Facilitate diverse programming
*Protect and preserve community resources
Benefits to Our Community:
The Community Service Department provides essential community benefits, including:
*Healthier residents
*Sense of well-being in the community
*Safer neighborhoods
•A higher quality of life
•Increased property values
*Opportunities for:
• Community
• Families
• Children& Youth/Teens
• Seniors
• Special Populations
*Partnership opportunities
*Cultural expression and unity
Benefits of Partnering with the Community Services Department:
*Access to a broad mix of community residents
•Successful history of facility management and operations
*Successful history of collaboration with community groups,businesses,tribes, and schools
*Responsive to Community's Needs
•Access to a wide range of indoor and outdoor facilities
*Trained professional staff
*Ability to leverage various existing resources
•We work to build a better community every day
Center Operating Plan Page 2
CAPACITY AND READINESS
The City of Ukiah Community Services Department provides a variety of services, facilities,
programs, activities and events. The Department is organized into divisions; Parks and Golf,
Museum, Facilities, and Recreation.
Recreation Division
The Recreation Division provides indoor and outdoor activities for all ages. Some of the
current programs include youth and adult sports leagues, athletic training programs, aquatics
programs, youth programs, as well as music, arts and leisure classes. These activities are
managed by the Recreation Supervisor, Recreation Coordinator, the Sports Coordinator, the
Receptionist and hundreds of part time programming staff. In addition, the Recreation
Division produces a seasonal print brochure, maintains all activity information available
online and tracks all participants through a registration system. The Division provides fee
waivers to youth participants through a scholarship program which enables all applicants to
attend youth programming. Not only is the Recreation Division successful with serving a
variety of diverse participants through recreation services, they also partner with numerous
community agencies to provide collaborative activities, services and events.
The Recreation Division also manages the use of the outdoor facilities such as the Ukiah
Sports Complex, Anton Stadium,tennis courts and many others.
Conference Center
The Conference Center Division provides facility management for the all City facilities
including the 26,000 square foot Ukiah Valley Conference Center. The Conference Center
team provides comprehensive event planning, room rental services, and catering services. In
addition, the Division maintains lease agreements for their tenants and returning renters. The
Division maintains all records and coordinates a number of users while meeting insurance
requirements, providing competitive rate structure, implementing policies and procedures in a
firm but flexible manner, managing staff in the maintenance and set-up of rooms, as well as
collecting deposits, rental fees and appropriate payment schedules.
The City will be a tremendous asset to the ARRC by bringing experience and knowledge in
the areas of programming, partnership and facility management. The Recreation Supervisor
will supervise the ARRC and will coordinate the room use, scheduling and maintenance
activities of the ARRC.
Center Operating Plan Page 3
GENERAL POLICIES AND PROCEDURES
A. It shall be the responsibility of the City in collaboration with the UVCRC Board of
Directors to establish the general policies under which the ARRC will operate. The
Management Staff shall implement the policies and carry out the day-to-day
operations for the ARRC.
B. City and UVCRC shall review this Operation Plan on an annual basis. Changes to
the plan shall be submitted to both the UVCRC Board of Directors and the City; from
which approval is required prior to implementing such changes. Such Changes will be
in writing and dated.
C. The established procedures shall be followed to ensure effective ongoing operation
of the ARRC.
D. Management Staff will, by means of a status report during weekly department
meetings, advise the Community Services Administrator on the operation of the
ARRC. Such status report shall include, at a minimum,the following:
1. Recent or upcoming tenant changes or changes to rentals
2. Recent or upcoming maintenance and capital improvement requirements
including tenant improvements
3. Updates on current vacancy rates, operating costs and comparable market
rental rates
E. The Management Staff will meet regularly with department head for the purpose
of reviewing policies,management procedures and discussing problems or concerns
related to the ARRC.
FACILITY MANAGEMENT AND STAFFING
A. City will incorporate the management of ARRC into the Community Services
Department. The Community Services Administrator under the direction of the City
Manager will take overall lead management responsibility, with the Recreation
Supervisor overseeing all management aspects, including the preparation of financial
reports relating to the management of the ARRC.
B. City will develop and implement a program for the ongoing maintenance and
scheduling of the facility. This will incorporate a schedule for routine repair of
buildings and systems and management of staff performing maintenance and repair
work, as well as management of outside contractors hired to perform such routine
work.
Center Operating Plan Page 4
C. City will be responsible for overseeing the day-to-day rental operation of ARRC.
This includes room rental administration and tenant/landlord relations. Office hours
will be maintained Monday through Friday from 8am to 5pm at the Civic Center
Annex. The City will track all use of the facility including classes and room rentals.
D. City will utilize qualified maintenance staff that will be responsible for carrying
out all cleaning, maintenance and repair work in accordance with the property
management plan.
E. City will employ and train part-time Facility Attendants who will be responsible
for overseeing facilities use. The Facility Attendant(s) will have the responsibility to
supervise needed equipment, unlock and lock the facility, and be in attendance in case
of emergencies.
MARKETING
Marketing of the facility will fall in line with existing marketing services used by the City of
Ukiah Community Services Department. Currently, the CS Department uses a tri-annual
publication (19,000 copies — 40 or 48 page brochures) to advertise the entire Department's
programs and activities; we also rely heavily on community press releases transmitted via
both print and broadcast media. Further marketing is secured through social media and
partnerships with other media sources. Additionally, marketing information is provided to
local students who receive program flyers through classroom distribution (6,000 copies - as
needed) that is distributed in conjunction with large community activities as well as with the
timing of major registration periods.
FACILITY MAINTENANCE
The City shall be responsible for managing facility maintenance of the interior of the ARRC
building. At all times the ARRC and its equipment will be maintained in a safe, clean, and
operational manner. All building occupants will be responsible to assist in keeping the
facility clean as part of their daily duties, along with the regularly scheduled custodial work.
On an annual basis the City will operate all equipment to assure it is functioning properly with
an annual checklist. Non-working, missing or non-functioning items will be duly noted and
referred to the Facility Administrator for resolution.
In the event of any failures, malfunctions or breakage of equipment and fixtures the
Recreation Supervisor shall immediately notify the UVCRC Executive Officer of the issue.
The UVCRC will then refer the items for resolution.
Ongoing Maintenance Program
The City in conjunction with the UVCRC shall develop a long term capital improvement and
maintenance schedule which will act as a general outline for capital replacement and
maintenance.
Center Operating Plan Page 5
The Recreation Supervisor shall use this schedule to prepare a five-year plan for preventive
maintenance and repair of installed equipment. This work will be performed by skilled
contractors or a maintenance person who has received training in the type of services
required, including record-keeping of regular repairs and maintenance.
Routine repairs of appliances, electrical, plumbing, and heating equipment will be performed
by a maintenance person, or independent contractors as needed.
Preventive annual unit inspections shall be undertaken by a maintenance person to regularly
and consistently ascertain the condition of the ARRC. Maintenance problems discovered
during these inspections shall be addressed and scheduled for repair.
Preventive regular inspections and inspections of common areas and equipment shall be
undertaken by City staff, and regular schedules for maintaining same shall be prepared by the
Recreation Supervisor.
Common areas such as restrooms, lobbies, and interior corridors will be cleaned and kept free
of trash and other debris.
Building occupants will be instructed to provide general upkeep of their respective areas such
as wiping counter tops, keeping areas tidy, free of food waste and placing rubbish in bins
provided.
Extermination services will be contracted as necessary, so as to provide a high level of
sanitation and cleanliness.
SECURITY SYSTEMS
The security system for the UVCRC incorporates standards applied to other high quality
commercial projects. Specifically,the security system shall include:
Entries - Entry to the office spaces of the building and rental spaces shall be accessible by
key. Each tenant will have a set of keys to the building, as well as to the tenant/renter's
offices. City Staff will have master keys. UVCRC staff will have a key(s)to non-office areas
of the facility. Facility Administrator will be responsible for a key schedule to monitor all
keys issued.
Lighting - Security lighting shall be provided for all entry doors, alcoves, hallways, and
adjacent outdoor areas. Security lighting will be operational from dusk until dawn. For
additional hours of parking lot lighting requests needs to be submitted to the UUSD with a
minimum of a week in advance via the Recreation Supervisor.
Windows -All accessible windows will be secured on the inside with a locking device
capable of withstanding prying or wrenching.
Alarms—City shall determine whether or not to provide entry alarm systems within office or
industrial space for tenant/renter use.
Center Operating Plan Page 6
Recreation Supervisor will consult regularly with tenants/renters and agency staff to discuss
the need for any special security provisions which may arise.
INSURANCE
A. Tenant/Renter shall provide evidence of insurance as required by contract terms,prior
to occupying tenant/renter's unit. In addition to naming the tenant/renter as primary
insured, tenant/renter's insurance shall name the following as additional insured if
required by the contract terms:
• UVCRC
• Ukiah Unified School District
• City of Ukiah
B. Recreation Supervisor shall send written notice to new tenants/renters prior to
occupancy, reminding them of their insurance requirements, and informing them that
they will not be allowed to utilize the ARRC until evidence of such insurance is
provided in the form of certificates of insurance showing all named insured as required
by the contract.
Center Operating Plan Page 7
BUDGETING
A. City will incorporate the ARRC Annual Operations budget into the Community
Services Department Budget and will review and report as scheduled.
B. The ARRC Annual Operations Budget shall be submitted for consideration, by the
City to the UVCRC Board of Directors and the Ukiah City Council for consideration.
After approval by both the UVCRC and the City Council, these projections shall
become the approved Annual Operating Budget.
C. The City shall contribute annually to a Capital Replacement Reserve Account,
held by the UVCRC, for the ARC facility.. This reserve account will be funded from
revenues generated from the annual operation of the facility by the City. It may be
supplemented with joint fundraising and grant efforts by the City and the UVCRC.
The purpose of the Capital Replacement Reserve Account is to set aside funds for
capital improvements, major repairs, and replacements that will be needed during the
life of the facility/property to maintain and support the desired functions.
Management of the Capital Replacement Reserve Account shall be the responsibility
of UVCRC, with the Executive Director of the UVCRC submitting an annual report to
the City detailing the current balance and any contributions to or deductions from the
fund.in that fiscal year UVCRC in consultation with City will develop and review on
an annual basis a 30 year projection of estimated capital needs. The funding for the
account is as follows:
1. The UVCRC initially funded the Capital Replacement Reserve Account
with $10,000. The City deposited $5,000 during the fiscal year 2010-2011
followed by $12,500 in 2011 -2012. This contribution appeared as an expense
item in the approved Annual Operating Budget.
2. The City and UVCRC will continue Annual contributions of$10,000.
3. Further contribution rates and"the cap"will be determined when the 30
year replacement schedule is established. This is a fund for replacement and
not routine normal maintenance,minor repair of systems, equipment, and
building or tenant improvements. In addition,the reserve is not to be used for
administrative or operational expenses by UVCRC or the City.
Center Operating Plan Page 8
D. The City shall monitor expenses and report all operating expense records to the
UVCRC board.
1. On a quarterly basis throughout the city's fiscal year the City will keep the
Executive Director of the UVCRC apprised of potential revenue shortfalls or
windfalls.
2. Should a shortfall be anticipated the City and the UVCRC will meet and
confer to implement measures to mitigate and address the shortfall.
3. The ARRC Operating Reserve Account will be established and held by the
City to cover an operating shortfall. During Fiscal Year 2010-20 11, the
Operating Reserve Account will start with a balance of$15,000, funded by the
UVCRC. Report of reserve account due to city annually.
4. In the event of revenue above the approved budgeted expenses,the amount
above the budgeted and accrued expenses will be deposited to the ARRC
Operating Reserve Account, with interest accruing to that account. The target
balance for that account will be equal to 50%of the previous year's approved
expense budget.
5. After the prescribed ARRC Operating Reserve target amount is met,the
revenue above annual approved expenses will be deposited in the UVCRC
Endowment Fund. The purpose of the UVCRC Endowment fund is to
establish a significant balance in perpetuity that allows the use of a portion of
the interest income to reduce ARRC operating costs as well as reduce costs to
the public for use of the facility.
6. In the event of the management contract cancellation the balance of the
"ARRC Operating Reserve"will be distributed in following manner:
Whatever remains of the initial $15,000 deposit will be returned to the
UVCRC. Any additional balance accrued from revenues will be distributed to
the City of Ukiah and the UVCRC in equal shares.
Center Operating Plan Page 9
ACCOUNTING,BOOIONG AND REPORTING
A. Financial accounting, reports and records shall be in conformance with standard
accounting procedures, and responsive to the guidelines provided by any regulatory
agencies with reporting requirements related to the ARRC/UVCRC. Accordingly, the
Management Staff will maintain accurate files of all tenant/landlord transactions,
revenues, and expenditures and prepare quarterly reports containing the following
information for the ARRC:
1. General Ledger Report. This report is available to see a summary of
accounts receivable and how funds are posted to accounts.
2. Operating expenses are available through print-outs from the financial
software and presented in the quarterly & year to date comparisons.
3. Quarterly and year-to-date budget comparisons will show all accounts
receivable and accounts payable in a side-by-side comparison to the Annual
Operating Budget. This report will be updated at the end of September,
December, March and June. For each quarter, the report will be available 20
days following the close of said month.
4. A rental report will be prepared at the close of each month. The report will
include a table listing rental details such as days, times, hours, services
provided, renter, fees collected, etc. This rental report will be reviewed by the
Community Services Administrator and available to the UVCRC one month
following the close of said month.
B. The following accounts shall be established:
1. ARRC General Operating Account, held by the City, into which rent,
carrying charges, room deposits and other miscellaneous income will be
deposited and from which the ARRC operating expenses will be paid.
2. ARRC Capital Replacement Reserve Account, held by UVCRC, is funded
as described in the "Budgeting Section". This account level will be based on a
capital improvements schedule of anticipated useful life and replacement needs
of major items.
3. ARRC Operating Reserve Account, held by City, is funded as described in
the "Budgeting Section". This account will be based on the annual operating
budget.
4. A Tenant Security Deposit Account, held by the City, will hold deposit
funds.
Center Operating Plan Page 10
C. Staff shall record, track, and retain all program and accounting files which shall be
continually updated to meet the accounting and reporting needs of the City and the
UVCRC to produce a quality audit trail.
D. Staff shall maintain the ARRC files and records in accordance with reporting and
accounting requirements established by City, UVCRC, and the requirements of any
other agencies administering funds contributing to the development and operation of
the ARRC.
E. Vacancies and monthly rent losses will be noted and recorded in the accounting
reports summarizing monthly financial activities for the UVCRC. Such losses will
also be noted in the monthly variance reports indicating budgeted versus actual
income.
Center Operating Plan Page 11
IN WITNESS WHEREOF, the UVCRC and the City have executed this Agreement as of the
day and year first above written.
UVCRC
By:
zo
Name:
Julie
McGovern
Title:
Executive Director
Approved as to form:
Name: David Rapport
Title: City Attorney
City Of Ukiah
By:
Name: Sage Sangiacomo
Title: City Manager
Center Operating Plan Page 12
Exhibit B
SECOND ADDENDUM TO AGREEMENT
FOR THE CONSTRUCTION, OPERATION, MAINTENANCE OF A GYMNASIUM
BY AND BETWEEN
THE UKIAH UNIFIED SCHOOL DISTRICT
AND
UKIAH VALLEY CULTURAL AND RECREATIONAL CENTER
Paragraph 5 is amended to read as follows:
5. District Use of Property
A. DISTRICT shall have exclusive use of the gymnasium the first week of the regular
instructional school year through the last week of the regular instructional school year,
Monday through Friday (excluding school calendar holidays), during the normal hours or
Grace Hudson Elementary School or until 3:30 p.m., whichever is earlier.
B. Subject to mutual agreement by DISTRICT and UVCRC, the District shall be entitled to
additional gymnasium usage up to 20 hours per month, Monday through Friday
(excluding school calendar holidays), and shall designate prior to the first of August each
year which hours it intends to use during the regular instructional year.
C. District shall be entitled to a "right of first refusal" should UVCRC desire to schedule
other uses in the gymnasium during the District's designated time.
D. UVCRC and DISTRICT staff may negotiate an adjustment to the District's hours as
desired to promote the best and highest use of facilities by the community.
E. During the school hours, the safety of the students under the control of Ukiah Unified
School District staff will be protected under the guidelines of the District's site's "Safe
School Plan."
Paragraph 7 is amended to read as follows:
7. Utilities. UVCRC shall pay all costs for water, gas, electricity, and commercial waste removal
as shown by the metered system separate from school facilities. To the extent that separate
metering for electricity shall be impractical, UVCRC shall calculate its electric usage based of
the mutually agreed formula taking into account its use of square footage and the time District in
not in control of the facility, and commencing January 1, 2010, shall pay to DISTRICT on a
monthly basis, or as billed, its proportional share of the electricity metered solely to DISTRICT
for the use of the building.
Paragraph 20 is amended to read as follows:
20. Indemnity. UVCRC agrees to defend, indemnify and save DISTRICT its agents and
employees harmless from any and all liability, claims, damages or injuries to any person caused
by the independent acts of UVCRC, its agents and employees in connection with the
performance of this Agreement and the use of the subject parcels. DISTRICT agrees to defend,
indemnify and save UVCRC its agents and employees harmless from any and all liability,
claims, damages or injuries to any person caused by the Independent acts of DISTRICT, tis
agents and employees in connection with the performance of this Agreement and the use of
subject parcels. Should liability, claims, damages or injuries be caused by fault that is partially
attributed to DISTRICT, its agents and employees and partially attributed to UVCRC, its agents
and employees, then each entity shall bear several liability in proportion to its actual degree of
fault as determined by a trier of fact.
In all other respects, the Agreement shall remain in force as previously agreed to.
IN WITNESS WHEREOF, this agreement is executed by the UVCRC acting by and through its
Board of Directors and by the Ukiah Unified School District of Mendocino County, California,
acting by and through its Superintendent pursuant to a Resolution of its Board of Education
authorizing the Superintendent to execute this Addendum.
UKIAH VALLEY CULTURAL & RECREATIONAL UKIAH UNIFIED SCHOOL DISTRICT
CENTER (n -profit blic enefit corporation)
By: y:
Julie McGovern Deb Kubin
Executive Director, UVCRC Superintendent, UUSD
1/-I(-2-0
Dated: Dated:
Exhibit C - UVCRC reserves uses of the Alex Rorabaugh Recreation Center (ARRC)
1. The UVCRC will have the use of the ARRC community center rooms and the
gymnasium for no charge when other uses are not scheduled. These UVCRC uses will
be scheduled at a minimum of one week in advance of use with the ARRC manager.
The UVCRC will work with the ARRC manager to change UVCRC's scheduled uses if
another revenue generating use could be accommodated by doing so.
2. Meeting space will be reserved for the UVCRC Board on the 2"d Wednesday of each
month from 5:30 P.M. to 7:30 P.M.. Other meetings of the UVCRC board and its
committees will be accommodated at the ARRC.
3. The UVCRC may reserve up to 52 hours of continuous use of the gymnasium up to 4
times per year at no charge for promotional and fundraising activities or the UVCRC.
UVCRC may also opt to utilize some of these hours to incorporate beneficial activities for
underserved populations in the community, such as people with disabilities and at-risk
youth, to fulfill its mission of inclusion and to mitigate gang activity and substance abuse.
EXHIBIT D
414 W.Napa Street 12"a Floor,Suite C I Sonoma,CA 95476
Phone(707)938-2388 1 Fax(707)938-0374 1 www.remifcom
R E M I F Member cities/towns: Arcata,Cloverdale,Cotati,Eureka,
REDWOOD Ft.Bragg,Fortuna,Healdsburg,Lakeport,Rohnert Park,
EMPIRE MUNICIPAL St.Helena,Sebastopol,Sonoma, Ukiah, Willits, Windsor
INSURANCE
FUND
PROGRAM YEAR
2020-2021
MEMORANDUM OF COVERAGE
GENERAL LIABILITY/
AUTO LIABILITY
REDWOOD EMPIRE MUNICIPAL INSURANCE FUND
MEMORANDUM OF COVERAGE
LIABILITY PROGRAM
This coverage document shall be in effect from July 1, 2020 through June 30, 2021.
Throughout this Memorandum, words and phrases that appear in quotation marks have special
meaning. They are defined in Section II-Definitions.
In consideration of the payment of the contribution deposit, the "authority" agrees with the
"covered parties" as follows:
SECTION I—COVERAGES
The "authority"will pay up to the "limit of coverage" on behalf of the "covered party" for the
"ultimate net loss"in excess of the"deductible"that the "covered party" shall become legally
obligated to pay as "damages"because of"bodily injury," "property damage," "personal injury,"
"employment practices liability" and/or"public officials errors and omissions" as those terms are
herein defined and to which this agreement 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 self-
insurance. This Memorandum is a negotiated agreement amongst the "member entities" of the
"authority" and none of the parties to the Memorandum is entitled to rely on any contract
interpretation principles, which 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 "member entities" of the "authority," acting through the
Board of Directors in adopting this Memorandum. As the"authority"is not an insurer, it has no
obligation to issue reservation of rights letters nor does it have an obligation to provide Cumis
counsel to a"covered party"in disputed coverage situations under Civil Code Section 2860. It is
the policy of the "authority"to notify"covered parties" of any potential coverage dispute
regarding a"claim." However, failure to provide notice to a"covered party" of any coverage
dispute shall not operate to waive any of the provisions of this Memorandum.
The "authority" shall have the right and duty to defend any suit against any "covered party"
seeking "damages"on account of such"bodily injury,""property damage," "personal injury,"
"employment practices liability" and/or"public officials errors and omissions," even if any of
the allegations of the suit are groundless, false or fraudulent, and may make such investigation
and settlement of any"claim" or suit as it deems expedient,but the "authority" shall not be
obligated to pay any"claim"or judgment or to defend any suit after the applicable "limit of
coverage"has been exhausted by payment of any combination of"defense costs,"judgments, or
settlements.
The "authority" and its "members" are covered by excess coverage obtained from the California
Joint Powers Risk Management Authority("CJPRMA"). CJPRMA's coverage is described in the
CJPRMA Liability MOC, and is subject to the limits, sublimits, exclusions and other provisions
Memorandum of Coverage
Effective 07/01/20,Board approved 04/26/18,clerical updates 07/01/20
Page 1 of 35
included therein. (See attachment B.)
SECTION II—DEFINITIONS
1. "Aircraft"means a vehicle designed for the transport of persons or property principally in
the air. "Aircraft" also includes an unmanned Aerial Vehicle (UAV) or"drone" (including its
aerial system or control device) that is not controlled directly by a person from within or on the
aircraft.
2. "Airport"means an area of land or water used or intended to be used for the landing and
taking off of aircraft; including an appurtenant area used or intended to be used for"airport"
buildings or other"airport" facilities or right of way; and"airport"buildings and facilities
located in any of these areas. "Airport" includes a heliport.
3. "Authority"means the Redwood Empire Municipal Insurance Fund created by the JPA
agreement.
4. "Automobile"means a land motor vehicle, trailer or semi-trailer.
5. "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."
6. "Care, Custody or Control Hazard" includes all "property damage"to: (1)property that
the"covered party"rents or occupies; (2)premises the"covered party" sells, gives away or
abandons, if the "property damage" arises out of any part of those premises; (3)property loaned
to the "covered party"; and(4)personal property in the care, custody or control of the"covered
party.
7. "Claim"means a"claim" for"damages," filed pursuant to Government Code Section
901, et al. for"claims" against public entities. It also means any lawsuit, covered by this
memorandum, filed in a Federal, State, Superior or Municipal Court. "Claim" does not mean
any form of administrative or regulatory proceeding under federal, state, local law or any
"member entity" due process, appeal, or similar administrative proceedings.
8. "Covered indemnity contract"means that part of any contract or agreement pertaining to
the"covered party'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 liability that would be imposed by law in
the absence of any contract or agreement arising out of an"occurrence"to which this
memorandum applies. Routine governmental operations include the "Covered Party's" lease of
premises, easement or license agreement, use of facilities or equipment, mutual aid agreement, or
other agreement approved by"authority" staff in advance of the loss.
Memorandum of Coverage
Effective 07/01/20,Board approved 04/26/18,clerical updates 07/O1/20
Page 2 of 35
9. "Covered party"means:
A "member city" of the "authority." This includes entities named in the Declarations, including
any and all commissions, agencies, authorities, districts, boards, (including the governing board)
or similar entities coming under such entity's direction or control or for which the entity's board
members sit as the governing body, except a hospital board or commission, regardless of how
such body is denominated.
Persons who are elected or appointed officials, "employees" or volunteers of the "covered
party,"whether or not compensated, while acting in an official capacity for or on behalf of the
"covered party," including while acting on outside boards at the direction of the "covered party,"
except a hospital board or commission, regardless of how such board is denominated, or any
other joint powers authority, or any separate agency or entity created by the "authority"
provisions of sub-paragraph (g). "Covered party" shall not include any person whose conduct
was not within the course and scope of his or her employment or office with the "covered party"
at the time of the act or acts that give rise to liability.
This definition is not intended to expand the definition of"employee" set forth in Government
Code § 810.2. nor is it intended to provide any greater or different defense or indemnity
obligation by the"authority"than the obligation of the "covered party" contained in Government
Code § 825-825.6 and 995-996.6
Any person or entity identified as a"covered party"holding a certificate of coverage duly issued
by the "authority," for"occurrences" during the coverage period identified in the certificate of
coverage; if a particular activity is identified in the certificate of coverage, the person or entity is
a"covered party" only for"occurrences" arising out of the described activity. Coverage will not
be broader than what the "member entity" is required to provide by the contract or agreement,
nor for higher limits than required by the contract, nor broader than the coverage provided under
this Memorandum.
Any officer, director or"employee" of the "authority,"while in the course and scope of his or
her duties, with respect to "public officials errors and omissions" coverage.
With respect to any"automobile" owned or leased by the "covered party,"or loaned or hired for
use by or on behalf of the "covered party," any person while using such "automobile" and any
person or organization legally responsible for the use thereof, provided its actual use is with the
permission of the entity named in the Declarations. However, above coverage applies only to
those activities described in the certificate of coverage. This protection does not apply to:
a. 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;
b. The owner or any lessee, other than the "covered party," of any"automobile"hired by or
loaned to the "covered party" or to any agent or employee" of such owner or lessee.
Memorandum of Coverage
Effective 07/01/20,Board approved 04/26/18,clerical updates 07/01/20
Page 3 of 35
This agreement does not provide uninsured or underinsured motorist coverage.
Notwithstanding sections above, the defense and indemnity coverage afforded by this agreement
to a past or present official, "employee"or volunteer of a"member entity" is not broader than the
"member entity's" duty to defend and indemnify its official, "employee" or volunteer pursuant to
California Government Code §815 to §815.3, §825 to 825.6, inclusive, and § 995 to § 996.6,
inclusive, and any amendments thereof. If the "member entity"which employs the official,
"employee" 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 entity"refuses to provide such
defense and/or indemnity to said official, "employee" or volunteer, then this agreement shall not
provide for any such defense or indemnity coverage to said official, "employee" or volunteer.
All immunities, defenses, rights and privileges afforded to a"member entity"under California
Government Code §815 to §815.3, §825 to §825.6, inclusive, and §995 to §996.6, inclusive, and
any amendments thereof, shall be afforded to the"authority"to bar any defense or indemnity
coverage under this agreement to that "member entity's" official, "employee" or volunteer.
No person or entity is a"covered party"with respect to the conduct of any current or past
partnership,joint venture or joint powers authority unless all members are "covered parties"
herein. However, for any person: who is an official, "employee," or volunteer of an entity
covered herein; who participates in the activities of any partnership,joint venture or joint powers
authority(or any separate agency or entity created under any joint powers agreement by the
named entity), and who is acting for or on behalf of an entity covered herein at the time of the
"occurrence,"then coverage is afforded by this agreement. 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 entity.
10. "Dam" means:
Any artificial barrier, together with appurtenant works, which does or may impound or divert
water, and which either: (a) is twenty-five (25) feet or more in height from the natural bed of the
stream or watercourse at the downstream toe of the barrier, or from the lowest elevation of the
outside limit of the barrier, if it is not across a stream channel or watercourse, to the maximum
possible water storage elevation; or(b) has an impounding capacity of fifty(50) acre feet or
more.
Any such barrier which is not in excess of six (6) feet in height, regardless of storage capacity, or
which has a storage capacity not in excess of fifteen(15) acre feet, regardless of height, shall not
be considered a"dam."
No obstruction in a canal used to raise or lower water therein or divert water therefrom, no levee,
including but not limited to a levee on the bed of a natural lake the primary purpose of which
levee is to control flood waters, no railroad fill or structure, and no road or highway fill or
structure, no circular tank constructed of steel or concrete or of a combination thereof, no tank
elevated above ground, no water or wastewater treatment facility, and no barrier which is not
across a stream, channel, watercourse, or natural drainage area and which has the principal
purpose of impounding water for agricultural use or storm water detention or water recharging or
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use as a sewage sludge drying facility shall be considered a"dam."
In addition, no obstruction in the channel of a stream or watercourse which is fifteen(15) feet or
less in height from the lowest elevation of the obstruction and which has the single purpose of
spreading water within the bed of the stream or watercourse upstream from the construction for
percolation underground shall be considered a"dam."
No noncircular tank, constructed of steel or concrete, or both, that is constructed in a county of
the third class by a public agency,under the supervision of a civil engineer registered in the state,
that does not exceed 75 acre feet in capacity or 30 feet in height, and no barrier that is not across
a stream channel, watercourse, or natural drainage area and that has the principal use as a sewage
sludge drying facility shall be considered a"dam."
Nor shall any impoundment constructed and utilized to hold treated waste from a sewage
treatment plant be considered a"dam." Nor shall any wastewater or storage pond exempted
from state regulation or supervision by Water Code §6025.5 be considered a"dam."
11. "Damages"means compensation in money recovered by a 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"authority,"if the fees, interest of costs arise from an"occurrence"to which this
coverage applies.
"Damages" includes 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 claim for"damages"
covered by this Memorandum.
"Damages" shall not include those sums owed by a"covered party" as contract"damages," any
wages, salary or benefit owed for work actually performed, or(whether prospective or
retrospective) resulting from promotion or reinstatement, or any"damages" owning under an
express contract of employment or an express obligation to make severance payments in the
event of termination of employment.
"Damages"with respect to "employment practices liability" also shall not include amounts
awarded under a labor grievance or arbitration pursuant to a collective bargaining agreement, nor
sums paid pursuant to any judgment or agreement, whether injunctive or otherwise, to undertake
actions to correct past discriminatory or unlawful conduct or to establish practices or procedures
designed to eliminate or prevent future discriminatory or other unlawful conduct, or any non-
monetary relief.
12. "Deductible"means the amount specified in the applicable Declarations which the
"covered party"must pay at the direction of the "authority"to cover"defense costs" and/or to
satisfy a settlement or judgment.
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For each "occurrence,"there shall be only one "deductible"per"covered party"regardless of the
number of claimants.
In the case where multiple "member entities" are involved in a single "occurrence,"there shall
be a"deductible" for each involved"member entity."
13. "Defense costs"means all fees and expenses incurred by the "authority"by a"covered
party," caused by and relating to the adjustment, investigation, defense or litigation of a "claim"
to which this memorandum applies, including attorney's fees. "Defense costs" include the
expenses of a claims administrator engaged by the "authority" and court costs, which are
specifically identifiable with a"claim" subject to this coverage.
"Defense costs" shall not include the office expenses of the "authority" or any"covered party,"
nor the salaries of"employees" or officials of the "authority"or of any"covered party,"nor
expenses of a claims administrator engaged by a"covered party." "Defense costs" shall not
include attorney fees, interest on judgments or costs awarded to a prevailing plaintiff against the
"covered party" or any fee or expense of the "covered party"relating to coverage issues or
disputes between the "authority" and any"covered party."
14. "Discrimination"means an act or failure to act with respect to any present or former
"employee" or applicant for employment with regard to compensation, terms, conditions,
privileges or opportunities of employment because of race, color, religion, age, sex, disability,
pregnancy, national origin, sexual orientation, or other protected category or characteristic
established pursuant to any applicable federal, state or local statute or ordinance.
15. "Employee"means a person whose labor or services is engaged and directed by a
"covered party" described above. This includes part-time, seasonal, and temporary labor or
services, as well as any person employed in a supervisory, managerial or confidential position.
"Employee" shall not include an independent contractor, volunteer or agent of any"covered
party" and shall not include any person performing work pursuant to a court order in lieu of a
fine or jail sentence. "Employee" also shall not include a spouse, child, unborn child or fetus,
parent, brother, sister, or other relative of the "employee."
16. "Employment Practices Liability" means liability arising from "discrimination," "sexual
harassment," "wrongful termination," and/or retaliation claimed by an"employee," former
"employee" or applicant for employment of a"covered party."
17. "Limit of coverage"means the amount of coverage stated in the Declarations or
Certificate of Coverage for each "covered party,"per"occurrence," subject to any sub-limit
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 of 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," only the
present value of the agreed upon payments (the present value cost of the structured settlement)
shall be considered in determining satisfaction of the "covered party's" "limit of coverage." If
"covered parties"have different limits of coverage, the highest limit for any party found liable by
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a final judgment will apply.
18. "Marina"means facilities which include floating docks,boat berthing spaces, marine
fueling operations, marine repair facilities, storage facilities for boats and other related marine
materials, and other related facilities in which berthing places are leased, or rented to members of
the public for berthing of their private boats. "Marina"includes all of such facilities beyond
locking gates, fences or barriers barring access to non-lessees and within waterways enclosed by
any breakwater or similar structure, and any repair and storage facilities wherever located.
19. "Medical malpractice"means the rendering of or failure to render, during the coverage
period, any of the following services: 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 healthcare provider as defined in § 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 first aid administered by "employees,"nor does it
include advice or services rendered by a 911 emergency dispatcher.
20. "Member entity"means a signatory to the JPA Agreement creating Redwood Empire
Municipal Insurance Fund.
21. "Nuclear material"means source material, special nuclear material, or byproduct
material. "Source material,""special nuclear material," and "byproduct material"have the
meaning given to them by the Atomic Energy Act of 1954 or in any law amendatory thereof.
22. "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." "Property damage"that is 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," "public officials' errors and omissions" and
"employment practices liability"respectively: an offense described in the definition of those
terms in this memorandum.
C. With respect to "employment practices liability," an act or omission described in the
definitions of"discrimination,""sexual harassment," and/or"wrongful termination."
23. "Personal injury"means injury, other than"bodily injury," arising out of one or more of
the following offenses:
a. false arrest, detention or imprisonment, or malicious prosecution;
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b. wrongful entry into, or eviction of a person from a room, dwelling or premises that the
person occupies;
C. publication or utterance of material 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;
d. discrimination or violation of civil rights;
e. injury resulting from the use of force for the purpose of protecting person or property.
24. "Pollutants"means any solid, liquid, gaseous or thermal irritant or contaminant, including
smoke, vapor, soot, fumes, acids, alkalis, chemicals, airborne particles or fibers, asbestos, lead,
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, chemicals used for city sponsored weed
abatement or tear gas used by city police personnel.
25. "Property damage"means:
a. Physical injury to tangible property, including all resulting loss of use of that property; or
b. Loss of use of tangible property that was not physically injured or destroyed.
26. "Public officials errors and omissions"means any 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"damages"neither expected nor intended from the standpoint of the "covered party."
27. "Retained limit"means the amount, identified in the applicable declaration or certificate
of coverage, of"ultimate net loss"which the "member entity"must incur or become liable for
before the "authority" is obligated to make any 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. If the covered parties have
different "retained limits,"the lowest"retained limit" of any party found liable will apply.
Payment of the "retained limit" shall be apportioned among the covered parties in accordance
with their proportionate shares of liability.
b. 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 arbitration the covered parties will
pay all costs of the "authority"in seeking such determination, including its attorney's fees in
proportion to the court's determination of liability.
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C. 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 determining satisfaction of the"covered party's" "retained
limit."
d. The amount which the "covered party"must"incur or become liable for" so that the
"retained limit"is satisfied and this coverage attaches may include sums paid on behalf of the
"covered party"by:
I. A commercial insurance carrier because of a policy purchased by the "covered party";
2. A commercial insurance carrier because of an additional insured endorsement issued to
the"covered party";
3. A self-insurance pooling joint powers authority which provides coverage to the "covered
party
or
4. A party making payment because of a contractual indemnity agreement with the "covered
party.
In the event that one of the sources listed above provides indemnity coverage to the"covered
party" and other defendant(s) in the claim or suit, only those sums paid on behalf of the "covered
party" shall be used to satisfy the"deductible." If payment is for a settlement, payment will be
allocated between the "covered party" and the other defendant(s) in accordance with their court-
determined shares of liability, or in an allocation according to liability as agreed upon by the
"covered party" and the "authority."In the event that the "covered party" and the "authority" are
unable to agree upon an allocation, the matter will be submitted binding arbitration for a
determination of the respective shares of liability. This determination will be according to the
procedures set forth in the California Code of Civil Procedure, each side to bear its own costs.
28. "Sexual harassment"means unwelcome sexual advances and/or requests for sexual
favors and/or other verbal or physical conduct of a sexual nature that: (1) are made a condition
of employment; and/or(2) are used as a basis for employment decisions; and/or(3) create a work
environment that is intimidating hostile or offensive, or interferes with performance.
29. "Ultimate net loss"means 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"authority," arising from an"occurrence"to which
this coverage applies. However, "ultimate net loss" does not include defense expenses incurred
by the "authority" after the "authority" assumes control of the negotiation, investigation, defense,
appeal or settlement of any claim or proceeding. "Ultimate net loss" also does not include
attorney's fees or costs awarded to the prevailing party in a suit except where such attorney's
fees or costs are attributable to a claim for compensatory damages covered by this Memorandum.
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30. "Wrongful termination" means termination of an employment relationship in a manner
which is against the law and wrongful or in breach of an implied agreement to continue
employment.
SECTION III-DEFENSE AND SETTLEMENT
The "authority," shall have the right control of the negotiation, investigation, defense, appeal or
settlement of any claim which the "authority" determines, in its sole discretion, to have a
reasonable possibility of resulting in liability to which this memorandum would apply. The
"covered party" shall fully cooperate in all matters pertaining to such claim or proceeding.
If the "authority" controls the handling of a claim, the covered parties shall be obligated to pay at
the direction of the "authority" any sum necessary for the settlement of a claim, or to satisfy
liability imposed by law,up to the applicable "deductible."
No claim shall be settled for an amount in excess of the "deductible"without the prior written
consent of the"authority" and the "authority" shall not be required to contribute to any
settlement to which it has not consented.
In the alternative, if a settlement demand acceptable to the "authority" is not acceptable to the
"covered party," and the "authority"tenders to the "covered party" an amount equal to the
difference between the remainder of the "deductible" and said settlement demand(or up to the
applicable Limit of Coverage, whichever is less), then the"authority's" agreement to indemnify
or to pay on behalf of the "covered party" for the "ultimate net loss"hereunder shall be
discharged and terminated, and the"authority" shall have no further obligations with respect
thereto.
SECTION IV- THE AUTHORITY'S LIMIT OF LIABILITY COVERAGE
The "limit of coverage" is the most the "authority"will pay for"ultimate net loss" arising out of
any occurrence, and the amount payable for"ultimate net loss"under this agreement shall be
reduced by the amount of the "deductible." (For example, if the "covered party"has a $500,000
"limit of coverage" and a $25,000 "deductible,"the "authority"will pay not more than $475,000
after exhaustion of the "deductible.") 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. The "authority" may advance the amount of the deductible on behalf of the "member"
and the "member"will reimburse such advance upon demand by the "authority."
For any person or entity that is a"covered party,"pursuant to a certificate of coverage duly
issued by the "authority,"the "limit of coverage"will be the lower of. (1) the Limit stated in the
Declarations page for the Member Entity; (2) any limit stated in the Additional Covered Party
certificate or(3) the amount required to be provided by contract or agreement with the Member
Entity.
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SECTION V- COVERAGE PERIOD AND TERRITORY
This agreement applies to "bodily injury," "personal injury," "property damage," "public
officials' errors and omissions," and"employment practices liability"which occur anywhere in
the world during the coverage period identified in the applicable declarations or certificate of
coverage.
SECTION VI-EXCLUSIONS
(Captions provided for the exclusions are descriptive only and do not serve to either expand or
limit coverage.)
This agreement does not apply to:
1. Aircraft
Claims arising out of the ownership, operation,use, maintenance or entrustment to others of any
"aircraft"by a"covered party." "Ownership, operation,use or maintenance" as used herein does
not include static displays of aircraft in a park or museum setting.
2. Airports
Claims arising out of ownership, maintenance, management, supervision or the condition of any
airport. However, this exclusion does not apply to "public officials errors and omissions" or
"employment practices liability" coverage arising from the ownership, maintenance,
management, supervision or the condition of any airport.
3. Airshows
Claims arising out of any air show sponsored or controlled by the "covered parry."
4. Bid Specifications/Cost Overruns
a. Claims arising out of estimates of probable cost or cost estimates being exceeded or
faulty preparation of bid specifications or plans including architectural plans.
b. Mechanic's lien claims, stop notice claims, change order claims, or similar claims by
contractors for the value of services or materials provided; this exclusion extends to such claims
however denominated, including claims of breach of oral or written contract, third-party
beneficiary claims, quantum merit claims, and/or open account claims.
5. Contractual Obligations
Claims arising out o£
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a. A failure to enter into a contract, or failure to perform or breach of a contractual
obligation; or
b. "Bodily injury" or"property damage" for which the"covered party"is obligated to pay
damages by reason of the assumption of liability in a contract or agreement. This exclusion does
not apply to liability for damages:
1. 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; or
2. That the "covered party" would have in the absence of the contract or agreement.
6. Damages Other Than Money
"Ultimate net loss" arising out of relief, or redress, in any form other than money damages.
7. Dams
Claims arising out of partial or complete structural failure of a dam owned or operated by a
"covered party."
8. Defamation
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.
9. Employment Liability
"Bodily injury"to:
a. An"employee" of the "covered party" arising out of and in the course of:
1. Employment by the "covered party"; or
2. Performing duties related to the conduct of the"covered party's"business.
b. The spouse, child,unborn child or fetus,parent, brother or sister of the "employee" as a
consequence of paragraph (a) above.
This exclusion applies to any obligation to share damages with or repay someone else who must
pay damages because of the injury except under a covered indemnity contract.
This exclusion applies whether the "covered party"may be liable as an employer or in any other
capacity.
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10. Employment Practices—Labor Disputes
Under"employment practices liability,"to any potential or actual liability arising out of a
lockout, strike,picket line, replacement or other similar action in connection with labor disputes
or labor negotiations; or any liability arising from the failure to pay wages earned by an
"employee" of a"covered party," including but not limited to any claim or suit brought under the
overtime compensation or minimum wage provisions of the Fair Labor Standards Act, 29 U.S.C.
201 et seq., or any state or local law governing the payment of overtime compensation or
minimum wage.; or to any potential or actual liability arising from a"claim" or"claims"which
are filed or certified as class actions in which "employees" or other persons represent a class of
"employees"who are alleging similar or related"claims";
11. Employment Practices—Workers' Adjustment and Retraining
Under"employment practices liability,"to any liability arising out of the Workers' Adjustment
and Retraining Notification Act, Public Law 100-379 (1988), or any amendment thereto, or any
similar federal, state or local law.
12. Elected Officials—Employees—Restitution
Claims by any "covered party" against its own past or present elected or appointed officials,
"employees" or volunteers, where such claim seeks damages or restitution payable to the
"covered party."
13. Employee Benefit Plans
Benefits payable under any"employee"benefit plan(whether the plan is voluntarily established
by the "covered party" or mandated by statute)because of unlawful discrimination.
This exclusion applies whether the "covered party"may be liable as an employer or in any other
capacity.
14. Employment Benefits
Any obligation under any workers' compensation,unemployment compensation or disability
benefits law or any similar law.
This exclusion applies whether the "covered party"may be liable as an employer or in any other
capacity.
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15. ERISA
Claims arising out of the Retirement Income Security Act of 1974 or any law amendatory
thereof, or any similar law or liability arising out of fiduciary activities as respects "employee"
benefits plans.
16. Failure to Supply
Claims arising out of the failure to supply or provide an adequate supply of gas, water,
electricity, storm drainage or sewage capacity when such failure is a result of the inadequacy of
the "covered party's" facilities to supply or produce sufficient gas, water, electricity, storm
drainage or sewage capacity to meet the demand. This exclusion does not apply if the failure to
supply results from direct and immediate accidental damage to tangible property owned or used
by any"covered party"to procure,produce, process or transmit the gas, water, electricity, storm
drainage or sewage.
17. Fines, Penalties, Punitive Damages
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."
18. Firing Ranges
Claims arising out of the private use of a firing range owned, operated or maintained by a
"covered party"where such private use is sanctioned by the "covered party," except where such
use is by a covered individual as defined in definition(8) (d). This exclusion does not apply to
such private use where all of the following conditions are met:
a. A qualified range master is present at all times while the firing range is being utilized;
b. The firing range is only provided for the additional use of law enforcement divisions of
other public agencies, and police academies, herein defined as California P.O.S.T. (Peace
Officers Standards & Training) Certified Basic Academies;
C. Any agency using the firing range has provided an indemnification agreement which
assumes full responsibility by the user agency for all liability arising out of their activities; and
d. The user agency has provided liability coverage in an amount of not less than $1,000,000
and has also provided a certificate of coverage which names the "member" as an additional
"covered party."
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19. Hospitals
Claims arising out of ownership, maintenance, management, supervision or the condition of any
hospital.
20. Intentional Conduct
Claims for injury or damages caused by intentional or criminal 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."
21. Jumping/Propelling Activities
Claims arising out of bungee jumping or propelling activities sponsored, controlled or authorized
by a"covered party."
22. Land Use
Claims arising out of or in connection with land use regulation, land use planning, the principles
of eminent domain, condemnation proceedings or inverse condemnation by whatever name
called, 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."Land use planning and land use
regulation include the approval or disapproval of any land-use entitlement including but not
limited to general plan amendments, zoning amendments, variances, permits, tract maps,
development agreements, owner-participation agreements, or disposition-and-development
agreements; the approval or disapproval of any rent control ordinance, outdoor advertising
ordinance, or adult bookstore ordinance, taxi ordinance; or the approval or disapproval of the
operation of a marijuana dispensary whether medical, recreational or otherwise, any ordinances
governing that activity, and any and all enforcement efforts.
23. Marinas
Claims arising out o£
a. Or connected with "property damage"to private vessels or craft while present at or in a
marina owned, operated or controlled by a"covered party"whether or not the vessel or craft is
docked, moored or underway; or
b. "Bodily injury" or"property damage" occurring on, in or about any boat owned or
operated by the "covered party" (whether such vessel is being operated or has broken away from
any dock or mooring) while present at or in a marina owned, operated or controlled by a
"covered party."
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24. Medical Malpractice
Claims arising out of any professional medical malpractice (1) committed by a doctor, osteopath,
chiropractor, dentist or veterinarian, or(2) 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. This
exclusion shall not apply, however, to any injury arising out of emergency medical services
rendered or which should have been rendered to any person or persons during the coverage
period by any duly certified emergency medical technician, paramedic, or nurse who is
employed by or acting on behalf of any member entity to provide such services, but is not
employed at a hospital, clinic or nursing home facility.
25. Multi Passenger Vehicles
Claims arising out of the ownership, operation, maintenance or use of any vehicle (1) with over
30 passengers seats or carrying over 30 passengers and(2)which is owned, operated, maintained
or used by any transit authority, transit system or public transportation system owned or operated
by or on behalf of the "covered party."
26. Nuclear Material
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.
27. Pollution
Claims which would not have occurred in whole or in part but for the actual, alleged or
threatened discharge, dispersal, seepage, migration, release or escape of pollutants at any time.
a. This exclusion does not apply to firefighting activities, including training burns, or
intentional demolition or burns for the purpose of limiting a fire, or the discharge of pollutants
for the purpose of controlling a fire; or to police use of mace, oleoresin capsicum(O.C.), pepper
gas or tear gas; or to weed abatement or tree spraying.
b. This exclusion does not apply to claims arising from sudden and accidental sewer
backups into a home or business, but this extension of coverage does not apply to backups,
overflow or runoff into public waterways.
C. This exclusion does not apply to claims arising from the sudden and accidental discharge,
dispersal, release, or escape of chlorine and other chemicals (gas, liquid or solid) which are being
used or being prepared for use in fresh or wastewater treatment or in water used in swimming
pools, wading pools or decorative fountains.
d. This exclusion does not apply to claims arising from materials being collected as part of
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any drop-off or curbside recycling program implemented and operated by the "covered party"; if
the materials have not been stored by the "covered party" or parties for a continuous period
exceeding ninety (90) days.
e. This exclusion does not apply to sudden and accidental discharges of pollutants occurring
during the transportation or deposit of materials as part of garbage collection activities. However,
the exclusion does apply after pollutants have been deposited at a landfill or garbage dump.
f. This exclusion does not apply to "bodily injury" or"property damage" arising from
activities of the"covered party"to test for, monitor, clean up, remove, contain, treat, detoxify or
neutralize pollutants, but this exception will not apply to "bodily injury" or"property damage"
caused by pollutants on or arising from premises, equipment or locations under the control of the
"covered party."
g. This exclusion does not apply to sudden and accidental discharges of pollutants from
premises owned or controlled by a"covered party" if the discharge is discovered within ten(10)
days of the occurrence and reported to the "authority"within thirty (30) days of discovery.
As used in paragraphs (b), (c), (e) and(g) above, "sudden"means abrupt or immediate, and
occurring within a period not exceeding twenty-four(24) hours; "accidental"means causing
harm neither expected nor intended by a"covered party."
28. Pollution Clean Up
Any loss, cost or expense, including defense costs, arising out of any:
a. Request, demand or order that any"covered party" or others test for, monitor, clean up,
remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of
pollutants; or
b. Claim or suit by or on behalf of a governmental authority for damages because of testing
for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in
any way responding to, or assessing the effects of pollutants; or
C. Claim or suit brought under the Clean Water Act, including state or federal enforcement
actions under 33 U.S. Code sections 1319, et seq.; citizen suits brought under sections 1365, et
seq.; or state enforcement actions brought under the California Water Code sections 13385, et
seq.; or claims or suits brought under any similar law relating to discharge permit violations.
29. Property of a"covered party"
Property damage to:
a. Property owned by the "covered party";
b. Property rented to or leased to the "covered party"where it has assumed liability for
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damage to or destruction of such property, unless the "covered party"would have been liable in
the absence of such assumption of liability; or
C. "Aircraft" or watercraft in the"covered party's" care, custody or control.
Notwithstanding what is stated in the applicable declarations, the"limit of coverage" for any
"property damage"not excluded by the language of this exclusion, but which is described in the
care, custody or control hazard, shall be subject to a general aggregate limit as determined by the
excess pool.
30. Public Officials Errors & Omissions—Fiduciary Liability
Under"public officials errors and omissions" coverage, claims (including emotional distress
claims. arising from the "covered party's" activities in a fiduciary capacity including but not
limited to those with respect to: (a)property, including related operations, in which the "covered
party" is acting in a fiduciary or representative capacity; (b) a pension, welfare, profit sharing,
mutual or investment trust fund or trust,benefit plan or similar activity in a fiduciary capacity;
(c)the issuance, management of proceeds or repayment of bonds, notes or other debt instruments
by any insured or any agent acting on behalf of such insured; or(d) the purchase, transfer or sale
of any securities by any insured or agent acting on behalf of such insured.
31. Public Officials Errors & Omissions—Bodily Injury or Property Damage
Under"public officials errors and omissions" coverage, "bodily injury," "personal injury,"or
physical injury to tangible property, including all resulting loss of use of that property.
32. Racing Contests
Claims arising out of automobile or motorcycle drag racing, speed racing, or similar speed
contests sponsored, controlled or participated in by a"covered party."
33. Reasonable Accommodation
Any expense or cost incurred by a"covered party" arising from reasonable accommodation of
any disabled person, including any"employee."
34. Refunds/Restitution
Refund or restitution of taxes, fees or assessments.
35. Reimbursement of Money
Claims for refund, reimbursement or repayment of any monies to which a "covered party"was
not legally entitled.
36. Skateparks
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"Claims" arising out of a"covered party's" sponsored or controlled skateboard activities or
facilities, except where coverage is provided pursuant to the attached Endorsement.
37. Transit Authorities
Claims arising out of the operation of vehicles by or on behalf of any transit authority, transit
system, or public transportation system owned or operated by a"covered party,"unless the
vehicles are owned or leased by the "covered party" and driven, maintained, and supervised by
"employees" of the "covered party."However, this exclusion does not apply to "public officials'
errors and omissions" coverage arising from the operation of any transit authority, transit system,
or public transportation system.
38. Tumbling Devices
Claims arising out of the ownership, maintenance or use of any trampoline or any other rebound
tumbling device.
39. Uninsured/Underinsured Motorists
Uninsured or underinsured motorist coverage.
40. Watercraft
For any motorized watercraft owned, operated, rented, or loaned to a "covered party,"to (1)
"bodily injury" or"property damage" arising out of the use of watercraft unless such use is by an
entity "employee" acting within the course and scope of employment; and (2) to watercraft being
used to carry persons or property for a charge. Charge, as used herein, includes any payment or
fee, including a donation. Use includes operation and loading or unloading. Use does not include
static displays of watercraft.
41. Willful Violation of Statute
Claims arising out of the willful violation of a statute or ordinance committed by the "covered
party" or with its consent.
SECTION VII- CONDITIONS
1. "Covered Party's" duties in the event of"occurrence," "claim" or suit:
a. In the event of an "occurrence" reasonably likely to involve the "covered party" or the
"authority,"immediate written notice shall be given by the"covered party" to the "authority"
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 available witnesses.
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b. If"claim" is made or suit is brought against the "covered party," the "covered party" shall
be obligated to forward immediately to the "authority" every demand, notice, summons or other
process received by it or its representatives.
C. The "covered party" shall cooperate with the "authority" and upon its request assist in
making settlements, in the conduct of lawsuits 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 agreement; and the "covered
party" shall attend hearings and trials and assist in securing and giving evidence and obtaining
the attendance of witnesses. The "covered party" shall not, except at its own cost, make any
payment, assume any obligation or incur any expense toward the defense and/or settlement of
any "claim" or lawsuit without the permission of the "authority."
d. Any payments made or expenses incurred by the "covered party" in relation to the
"claim"prior to giving notice of the"claim"or lawsuit to the "authority" shall be the sole
responsibility of the "covered party," and the "authority" shall have no obligation to pay said
costs or to reimburse the "covered party" therefore.
e. The "authority" shall be entitled to complete access to 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
"authority," and to provide the"authority"with simultaneous copies of all correspondence
provided to the "covered party"by its defense attorneys and/or agents.
2. Action Against the Authority/Subrogation:
a. No action shall lie against the "authority"with respect to the coverages and related
provisions defined in the Memorandum of Coverage (Memorandum) for the Automobile/General
Liability Program unless, as a condition precedent thereto, there shall have been full compliance
with all of the terms of the Memorandum, nor until the amount of the "covered party's"
obligation to pay shall have been finally determined either by judgment against the "covered
party" after actual trial or by written agreement of the "covered party," the claimant and the
"authority." Any person or organization or the representative thereof who has secured such
judgment or written agreement shall thereafter be entitled to recover under said Memorandum to
the extent of the coverage afforded by said Memorandum. No person or entity shall have any
right under said Memorandum to join the"authority" as a party to any action against the
"covered party" to determine the "covered party's" liability, nor shall the "authority"be
impleaded by the "covered party" or its legal representative.
b. The "authority" shall be subrogated to the extent of any payment hereunder(including all
"ultimate net loss" incurred) to all the "covered party's" rights of recovery thereof, and the
"covered party" shall do nothing after loss to prejudice such right and shall do everything
necessary to secure such right. Any amount so recovered shall be apportioned as follows:
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I. The "authority" shall be reimbursed first to the extent of its actual payment there under.
If any balance then remains unpaid, it shall be applied to reimburse the "covered party."
2. The expenses of all such recovery proceedings shall be apportioned in the ratio of
respective recoveries. If there is no recovery in proceedings conducted by the "authority," it
shall bear the expenses thereof.
3. Bankruptcy or Insolvency:
Bankruptcy or insolvency of the "covered party" shall not relieve the "authority"of any of its
obligations hereunder.
4. 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 a primary, excess or contingent basis), the coverage hereunder shall be in excess of, and shall
not contribute with, such other insurance or coverage,provided that this clause does not apply
with respect to insurance purchased specifically to be in excess of the agreement and/or coverage
provided by the California Joint Power Risk Management Authority. This coverage shall be in
excess of and shall not contribute with any insurance or coverage designed to cover the operator
of an"automobile" or watercraft.
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.
5. Severability of Interests:
The term "covered party" are used severally and not collectively, but the inclusion herein
of more than one "covered party" shall not operate to increase the limits of the "authority's"
"limit of coverage." If more than one "member entity" is involved in a"claim" or "occurrence,"
each entity will be responsible for its full "deductible."
6. Accumulation of limits:
An "occurrence" with duration of more than one coverage period shall be treated as a single
"occurrence" arising during the coverage period when the "occurrence" begins.
7. Termination:
This Memorandum may be terminated at any time in accordance with the By-Laws of the
"authority."
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8. Changes:
Notice to any agent or knowledge possessed by any agent of the "authority" or by any other
person shall not affect 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
written endorsement issued to form a part of this Memorandum of Coverage.
9. Reduction of Limits:
In the event of reduction or exhaustion of the"deductible" applicable to the "covered party"by
reason of losses paid thereunder, this coverage shall (a) in the event of reduction pay the excess
of the reduced underlying"deductible,"or(b) in the event of exhaustion continue in force as
underlying coverage. In no event shall the coverage apply until the "deductible" is exhausted
through the payment of defense costs,judgments and/or settlements to which the"authority"has
agreed.
10. Coverage disputes:
The General Manager shall make the initial determination whether to deny coverage on all or
part of a claim, or to reserve the "authority's"right to deny coverage on all or part of a claim, if a
loss subsequently exceeds the "deductible."
A decision by the General Manager to deny coverage can be appealed to the Board of Directors.
Notice of such appeal shall be submitted in writing within thirty(30) calendar days of the date of
the General Manager's written notice of decision.
The appeal shall be considered by the Board of Directors at the next regular or special meeting
following receipt of the written appeal; if the appeal is received too late for inclusion in the
agenda packet, it can be postponed to the next following Board meeting. The General Manger
and the "covered party"will have the right to submit written materials and present oral argument
to the Board, subject to reasonable time constraints.
Within sixty (60) days following any denial of coverage by the Board, the "covered party"may
request, in writing, that the "authority" initiate a declaratory relief action in Superior Court for a
determination of the coverage matter. The declaratory relief action shall be initiated in the
County of the"authority's"home office,unless the "authority" and"covered party" agree on a
different venue.
Any determination by the Executive Committee, and by the Board of Directors if the matter is
appealed to the Board of Directors, whether a"covered party"has breached parts (1)(a) or(b) of
these Conditions concerning notice of a claim, and any determination whether the "authority"
has been prejudiced by that breach, so that this coverage does not apply, comes within the sole
discretion of the Executive Committee and Board of Directors, respectively. Such determinations
shall be conclusive, final and binding and shall not be the subject of any further review, whether
by declaratory relief action or otherwise.
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Under no circumstances shall the "authority"be liable for consequential damages, "bad faith"
damages, or any sums beyond the amounts due under Section I—Coverages, plus interest at the
same rate as the "authority" earned on investments for the time period involved.
[end]
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ENDORSEMENT NO. 1
Exclusion set forth in the "authority"Liability Memorandum of Coverage is hereby modified by
adding the language set forth herein.
Defense and indemnification for"damages" for an"occurrence" is provided under the attached
conditions for Permanent Built-In Skateboard Parks/Facility, Mobile Skateboard Park Facilities
and Non-City Sponsored Skateboard Events.
PERMANENT, BUILT-IN SKATEBOARD PARKS/FACILITY
(Conditions for Coverage from the Authority)
Design of the facility shall be performed by a licensed designer/architect with experience in
skateboard park design. The park shall not include deep vertical drops or half pikes; no
obstacles, elements or components of this skating area shall have a vertical drop more than 36."
Design of the facility must be approved by the city in compliance with necessary government
code sections to achieve design immunity. In addition, the "authority's" conditions for coverage
must be reviewed and approved by the city.
There shall be a six foot fence surrounding the facility with sufficient area for a participant to
safely perform maneuvers.
There shall be fixed and posted hours of operations.
While using the facility, the participant must use personal safety equipment comprised of least
head, knee, and elbow protection. The city shall not be the provider of such equipment.
A facility maintenance check shall be made on at least a daily basis to note and correct safety
problems.
If in-line skaters are allowed to use the facility, rules and regulations of usage shall be posted for
safety purposes.
The city police department will include the park on a daily routine patrol during the day,
evening, weekend and holiday hours.
Food and drink is prohibited inside the fenced area.
No temporary or moveable obstacles or materials (i.e., ramps/jumps) are allowed into the fenced
area.
Bicycling is prohibited within the skateboard facility.
Landscaping material must be of a non-shed variety (i.e. no sand, gravel, bark, etc.) and all
brushes and trees should be such a distance from the facility as to not litter the facility with
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debris.
If the facility is to be used after dark, it must be lighted according to current standards.
The facility shall be locked during hours of non-operation.
The city shall pass an ordinance in compliance with Health and Safety Code 115800 and
establish and maintain provisions for its enforcement.
A $25,000 self-insured retention (deductible) shall apply to all claims/lawsuits resulting from the
use of a permanent, built-in park facility.
MOBILE SKATEBOARD FACILITY
(Conditions for Coverage from the Authority)
The facility shall be supervised by the city designated personnel who have been trained in the
proper supervision of the facility including the proper usage of protective gear, recording and
maintenance of waivers signed by participants and parents if the participant is a minor, and the
availability of communication equipment in case of an emergency.
Waivers shall be signed by the participants prior to use and, in the case of minors, signed by the
parents.
While using the facility, the participant must use personal safety equipment comprised of least
head, knee, and elbow protection. The city shall not be a provider of the equipment.
A spectators' area will be maintained that is fenced or somehow barricaded from access to the
mobile park.
Prior to usage of the facility, a maintenance check shall be conducted and all deficiencies
corrected.
Design of the facility shall be approved by a licensed designer/architect with experience in
skateboard park design.
Cities with skateboard facilities will be assessed a $25,000 deductible for each occurrence.
The city shall pass an ordinance in compliance with Health and Safety Code 115800 and
establish and maintain provisions for its enforcement
NON-CITY SPONSORED SKATEBOARD EVENTS
(Conditions for Coverage from the Authority)
In the case of non-city sponsored events, the city shall practice risk transference by having the
non-city sponsor name the city as an additional insured on their liability policies.
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All participants involved in the event shall sign a waiver; and, in the case of minors,parents also
sign the waiver.
The event shall be fully staffed by staff of the sponsor of the event.
All participants shall use self-procured safety equipment, none shall be supplied by the city.
There shall be a visitors/spectator area separate from the event area with appropriate fencing or
barricades for safety.
A $25,000 self-insured retention(deductible) shall apply to all claims/lawsuits resulting from
skateboard sponsored events.
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ENDORSEMENT NO. 2
With respect to "bodily injury" or"property damage" arising out of, and caused by, a"Special
Event,"the "deductible" stated in the Declarations Page is amended to $5,000.
For purposes of this Endorsement, "Special Event"means an event described below for which a
third party("Event Sponsor"), by written contract (including by permit agreement executed by
the Event Sponsor), agrees to use facilities of the "covered party" for a specified period of time
and activity, and agrees by the contract to indemnify and hold harmless the "covered party" from
risk of loss arising from the event.
The indemnity and hold harmless agreement must provide that the Event Sponsor"agrees to
indemnify and hold harmless ["covered party"] and its agents and"employees" from and against
any injury, damage, claims, actions or suits arising out of the [Special Event], including those
caused by negligence of the parties being indemnified and/or any dangerous condition of
property of the parties being indemnified, and further agrees to defend and indemnify ["covered
party"] from and against any injury, damage, claims, actions or suits arising out of or connected
with the [special event].
"Special event"includes:
1. Aerobics—Jazzercise demonstrations
2. Animal Acts/Shows (not Zoos or Circuses)
3. Antique Shows
4. Art Festivals
5. Art Shows
6. Auctions
7. Automobile Shows
8. Awards Presentations
9. Ballets
10. Banquets
11. Bazaars
12. Beauty Pageants
13. Bingo/Casino games
14. Block Parties, including those with Street Closures
15. Boat Shows
16. Body Building Contests
17. Business Meetings
18. Business Shows
19. Carnivals (not including mechanized rides)
20. Casino and Lounge Shows
21. Charity benefits, auctions and sales; fund raisers
22. Civic clubs and group meetings
23. Community Fairs
24. Concerts with total attendance of less than 1500
25. Consumer Shows
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26. Conventions in Buildings
27. Craft Shows
28. Dance Shows/Recitals
29. Dances and Parties (except with Rap or Heavy Metal)
30. Debutante Balls
31. Dinner Theater
32. Dog Shows
33. Drill Team exhibitions
34. Educational exhibitions
35. Electronics Conventions
36. Ethnic Fairs or Celebrations
37. Evangelistic meetings
38. Expositions
39. Farmers' Markets
40. Fashion Shows
41. Fishing Shows or contests
42. Flea Markets
43. Flower Shows
44. Food concessions
45. Garden Shows
46. Graduations
47. Harvest Festivals
48. Holiday Shows
49. Home Shows
50. Horse Shows
51. Housing Shows
52. Instructional Classes
53. Job Fairs
54. Ladies Club events
55. Lectures
56. Livestock Shows
57. Luncheon Meetings
58. Mobile Home Shows
59. Musicals
60. Night Club Shows
61. Operas
62. Organized Sight Seeing Tours
63. Pageants
64. Parties with total attendance of less than 500
65. Picnics
66. Plays
67. Political Rallies
68. Proms
69. Quinceaneras
70. RV Shows
71. Religious Assemblies
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72. Reunions
73. Rummage Sales
74. Scavenger Hunts
75. Scouting Jamborees
76. Seminars
77. Sidewalk Sales
78. Soap Box Derbies
79. Social Receptions or Gatherings
80. Speaking Engagements
81. Sporting events if non-professional, non-league, non-contact(bicycle races/rallies, equestrian
events, golf, gymnastics, tennis, handball or racquetball, roller skating, handball, marathons, fun
runs, 1 OK races, gymnastic competitions, ice skating shows, ski events)
82. Sporting events if non-professional, non-league, limited contact(baseball or softball, soccer,
roll er hockey, basketball)
83. Street Fairs
84. Swap Meets
85. Symphony Concerts
86. Teleconferences
87. Telethons
88. Theatrical Stage Performances
89. Trade Shows
90. Union Meetings
91. Vacation Shows
92. Voter Registration
93. Walk a Thons
94. Weddings and Receptions
"Special Event"does not include:
1. Aircraft/aviation events (static displays are not excluded)
2. All terrain boarding
3. Ballooning or balloon rides
4. Base jumping
5. Bouldering
6. Bungee Jumping
7. Carnival rides
8. Circuses
9. Concerts over 6 hours
10. Diving
11. Football (except passing camps with no contact drills)
12. Hang gliding/parachuting/parasailing
13. Jousting
14. Kayaking, rafting or canoeing in greater than Class 3 rapids
15. Lacrosse and Rugby
16. Mechanical amusement rides or services
17. Motorized sporting equipment including speed or demolition events
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18. Mosh Pits
19. Mountain Biking
20. Parades
21. Power Boat Racing
22. Professional Sporting Activities: games, racing, or contest of a professional nature
23. Pyrotechnics or explosives
24. Rap or Heavy Metal concerts
25. Raves
26. Rock Climbing
27. Rodeo or Roping Events
28. Scuba Diving
29. Sporting events if part of a league
30. Sporting events if non-professional, full contact(football, ice hockey, rugby, boxing,
wrestling, contact karate, contact martial arts)
31. Tractor or Truck Pulls
32. Trampolines
33. Zoos
Exclusion for participants. This endorsement does not apply to "bodily injury"or"property
damage"to any person while practicing for or participating in any sports or athletic contest or
exhibition, or while performing in any concert, show, or theatrical event.
Exclusion for sale alcohol. This endorsement does not apply to "bodily injury" or"property
damage" arising from or caused, in whole or in part, by the "covered party" or Event Sponsor
furnishing alcoholic beverages for which consumers are specifically charged by a third party
vendor or caterer.
This Endorsement does not apply to liability arising from Public Officials Errors and Omissions.
This Endorsement does not eliminate the operation of any Exclusion in the Memorandum of
Coverage.
This endorsement does not provide drop down coverage or reduce the "retained limit"under the
excess program.
This Endorsement forms a part of the Memorandum of Coverage for the"program year"
indicated above.
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ENDORSEMENT NO. 3
Scheduled Unmanned Aerial Vehicle
For UAVs owned or operated by a"covered party"that are scheduled for coverage pursuant to
this endorsement, Exclusion 1 (Aircraft) is deleted, for Bodily Injury and Property Damage
coverage, only,but subject to the "deductible" and Limit of Coverage sublimit.
In order to be a scheduled UAV for purposes of this Endorsement, the Member must report to the
"authority"the size, weight, type, manufacturer, and value of the UAV, and it must be endorsed
for coverage. In the event of a loss involving a UAV not scheduled and endorsed for coverage,
there will be no coverage under this Endorsement.
In order for coverage to apply, the Member operating the UAV must be operated by a remote
pilot certified with a small UAS rating, pursuant to FAA regulations. Unlicensed operation of a
UAV is not covered under this Endorsement.
This Endorsement forms a part of the Memorandum of Coverage for the Program Year indicated
above.
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ATTACHMENT A
REDWOOD EMPIRE MUNICIPAL INSURANCE FUND
LIABILITY MEMORANDUM OF COVERAGE
DEDUCTIBLES FOR EACH MEMBER CITY/TOWN
Coverage Period: July 1, 2020 to June 30, 2021
Limit of Coverage: $750,000 each "OCCURRENCE"
COVERED PARTY DEDUCTIBLE
REMIF 0
CITY OF ARCATA 5,000
CITY OF CLOVERDALE 5,000
CITY OF COTATI 5,000
CITY OF EUREKA 25,000
CITY OF FORT BRAGG 5,000
CITY OF FORTUNA 5,000
CITY OF HEALDSBURG 5,000
CITY OF LAKEPORT 10,000
CITY OF ROHNERT PARK 25,000
CITY OF SEBASTOPOL 5,000
CITY OF SONOMA 5,000
CITY OF ST. HELENA 10,000
CITY OF UKIAH 25,000
CITY OF WILLITS 5,000
TOWN OF WINDSOR 10,000
CITY OF ARCATA COMMUNITY DEVELOPMENT AGENCY 5,000
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COVERED PARTY DEDUCTIBLE
CITY OF CLOVERDALE COMMUNITY DEVELOPMENT AGENCY 5,000
CITY OF CLOVERDALE REDEVELOPMENT AGENCY 5,000
CITY OF COTATI REDEVELOPMENT AGENCY 5,000
COTATI FACILITIES FINANCING AUTHORITY 5,000
CITY OF COTATI INDUSTRIAL DEVELOPMENT AUTHORITY 5,000
CITY OF EUREKA REDEVELOPMENT AGENCY 25,000
CITY OF FORT BRAGG JOINT POWERS FINANCING AUTHORITY 5,000
CITY OF FORT BRAGG REDEVELOPMENT AGENCY 5,000
FORT BRAGG MUNICIPAL IMPROVEMENT DISTRICT 5,000
FORT BRAGG CAPITAL IMPROVEMENT AUTHORITY 5,000
FORTUNA PUBLIC IMPROVEMENT CORPORATION 5,000
FORTUNA REDEVELOPMENT AGENCY 5,000
FORTUNA PUBLIC FINANCING AUTHORITY added 1/94 5,000
HEALDSBURG COMMUNITY REDEVELOPMENT AGENCY 5,000
CITY OF HEALDSBURG INDUSTRIAL DEVELOPMENT AUTHORITY 5,000
HEALDSBURG PUBLIC IMPROVEMENT CORPORATION 5,000
HEALDSBURG DOWNTOWN PARKING AND BUSINESS 5,000
IMPROVEMENT DIST. 6/94
CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT#1 10,000
CITY OF LAKEPORT REDEVELOPMENT AGENCY 10,000
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COVERED PARTY DEDUCTIBLE
ROHNERT PARK CIVIC COMMISSION 25,000
ROHNERT PARK COMMUNITY SERVICES DISTRICT 25,000
CITY OF ROHNERT PARK GOLF COURSE CORPORATION 25,000
CITY OF ROHNERT PARK RECREATION CORPORATION 25,000
COMMUNITY DEVELOPMENT COMMISSION OF CITY OF ROHNERT 25,000
PARK
ROHNERT PARK ASSOCIATION FOR THE ARTS 25,000
SEBASTOPOL INDUSTRIAL DEVELOPMENT AUTHORITY 5,000
SEBASTOPOL COMMUNITY DEVELOPMENT AGENCY 5,000
CITY OF SONOMA—SONOMA CREEK SENIOR HOUSING 5,000
SONOMA COMMUNITY DEVELOPMENT AGENCY added 7/1/94 5,000
CITY OF UKIAH REDEVELOPMENT AGENCY 25,000
CITY OF WILLITS PUBLIC FACILITIES CORPORATION 5,000
CITY OF WILLITS COMMUNITY DEVELOPMENT COMMISSION 5,000
CITY OF WILLITS INDUSTRIAL DEVELOPMENT AUTHORITY 5,000
TOWN OF WINDSOR/WINDSOR WATER DISTRICT 10,000
TOWN OF WINDSOR REDEVELOPMENT AGENCY 10,000
Memorandum of Coverage
Effective 07/01/20,Board approved 04/26/18,clerical updates 07/O1/20
Page 34 of 35
ATTACHMENT B
The excess pool, the California Joint Powers Risk Management Authority ("CJPRMA") from
time to time provides sublimits to cover items that might normally be excluded from coverage.
All sublimits are outlined in the CJRPMA Memorandum of Coverage ("MOC"), attached hereto
and fully incorporated herein. There are sublimits for(including but not limited to): EPL,
discrimination class action/subsidence, fungal pathogens, sexual abuse—daycare operations,
terrorism, airport,pollution, and property of a covered party.
Memorandum of Coverage
Effective 07/01/20,Board approved 04/26/18,clerical updates 07/O1/20
Page 35 of 35