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JOINT POWERS AGREEMENT CREATING THE BIG INDEPENDENT CITIES EXCESS POOL JOINT POWERS AUTHORITY This Agreement is executed in the State of California by and among those cities organized and existing under the Constitution of the State of California which are parties signatory to this Agreement. All such cities, hereinafter called Members, shall be listed in Appendix A, which shall be attached hereto and made a part hereof. RECITALS WHEREAS, Articles 1 and 2, Chapter 5, Division 7, Title 1 of the California Government Code (Section 6500 et seq.) permits two or more public agencies by agreement to exercise jointly powers common to the contracting parties; and WHEREAS, California Government Code Section 990.4 that a local public entity may self-insure, purchase through an authorized carrier, or purchase insurance surplus line broker, or any combination of these; and provides insurance through a WHEREAS, Article 16, Section 6 of the California Constitution provides that insurance pooling arrangements under joint exercise of power agreements shall not be considered the giving or lending of credit as prohibited therein; and WHEREAS, California Government Code Section 990.8 provides that two or more local entities may, by a joint powers agreement, provide insurance for any purpose by any one or more of the methods specified in Government Code Section 990.4; and WHEREAS, the cities executing this Agreement desire to join together for the purpose of jointly purchasing insurance and jointly funding programs of excess insurance for comprehensive liability and other coverages to be determined; NOW, THEREFORE, the parties agree as follows: ARTICLE 1 DEFINITIONS "Authority" shall mean the Big Independent cities Pool Joint Powers Authority created by this Agreement. Excess