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COPY
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<br /> FIRST AMENDMENT TO
<br /> JOINT POWERS AGR]EEMENT
<br />CREATING THE BIG INDEPENDENT CITIES EXCESS POOL
<br />JOINT POWERS AUTHORITY
<br />
<br /> THIS FIRST AMENDMENT TO IOINT POWERS AGREEMENT CREATING THE
<br />BIG INDEPENDENT CITIES EXCESS POOL JOINT POWERS AUTHORITY, dated as of
<br />November 1, 2003 (this "First Amendment"), by and among the CITY OF HUNTINGTON
<br />BEACH ("Huntington Beach"), the CITY OF OXNARD ("Oxnard"), the CITY OF SAN
<br />BERNARDINO ("San Bernardino"), the CITY OF SANTA ANA ("Santa Ann"), and the CITY
<br />OF WEST COVINA ("West Covina"), each a municipal corporation duly organized and existing
<br />under the Constitution and laws of the State of California (the "State"), amends the JOINT
<br />POWERS AGREEMENT CREATING THE BIG iNDEPENDENT CITIES EXCESS POOL
<br />JOINT POWERS AUTHORITY, executed and delivered in September 1988 (the "Agreement"),
<br />by and among Huntington Beach, Oxnard, San Bemardino, Santa Aha, and the CITY OF
<br />POMONA ("Pomona"), a municipal corporation duly organized and existing under the
<br />Constitution and laws of the State. All capitalized terms used but not defined herein shall haVe the
<br />respective meanings assigned to such terms in the Agreement.
<br />
<br />RECITALS:
<br />
<br /> WHEREAS, pursuant to Chapter 5, Division 7, Title 1 of the California Goverrm~ent Code
<br />(Section 6500 et seq.) (the "Joint Powers Law") and the Agreement, Huntington Beach, Oxnard,
<br />Pomona, San Bemardino, and Santa Ana formed the BIG INDEPENDENT CITiES EXCESS
<br />POOL JOINT POWERS AUTHORITY (the "Authority") as joint exemise of powers agency; and
<br />
<br /> WHEREAS, Article 17 of the Agreement provides, among other things, that a Member
<br />which no longer participates in any Insurance Program of the Authority by reason of expulsion
<br />from an Insurance Program or otherwise, shall be deemed to have withdrawn from the Agreement
<br />and shall no longer be a party to the Agreement; and
<br />
<br /> WHEREAS, Pomona has been expelled, effective August 18, 2003, from Coverage as a
<br />Participant under, and as such terms are defined in, the Liability Risk Coverage Agreement, dated
<br />as of October 1, 1988, by and among the Authority and Huntington Beach, Oxnard, San
<br />Bernardino, Santa gna, and Pomona, as amended by the First Amendment to Liability Risk
<br />Coverage Agreement, dated as of December 1, 1988, by and among the Authority and Huntington
<br />Beach, Oxnard, San Bemardino, Santa Ann, and Pomona, as further an~ended by Resolution
<br />No. 95-1, adopted by the Board of Directors of the Authority (the "Board") on November 25,
<br />.1995 (collectively, the "Liability Risk Coverage Agreement"), and as further proposed to be
<br />amended by the Th/rd Amendment to Liability Risk Coverage Agreement, dated for reference
<br />purposes as of November 1, 2003 (the "Third Amendment"), and does not currently participate
<br />in any other Insurance Program of the Authority; and
<br />
<br /> WHEREAS, Article 16 of the Agreement provides, among other things, that any qualified
<br />city may become a party to the Agreement with the approval of two-thirds of the members of the
<br />Board; and
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<br />First Amendment to JPA.DOC
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