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BICEP 2B -2003
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BICEP 2B -2003
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Last modified
1/3/2012 3:17:56 PM
Creation date
1/12/2004 3:57:05 PM
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Contracts
Company Name
Big Independent Cities Excess Pool Joint Powers Authority
Contract #
A-1988-090B-3
Agency
Personnel Services
Council Approval Date
11/17/2003
Insurance Exp Date
7/1/2016
Notes
Amends A-1988-090B
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provisions of subsection (e) of Section 6.1 of the Agreement pertaining to the date by which the <br />Authority's Governing Board shall have approved the admissi6n of West Covina as a Participant <br />and (ii) agrees that, notwithstanding such subsection (e), such approval by the Authority's <br />Governing Board may instead be provided on any date on or prior to the Effective Date. <br /> <br /> 3. Selected Premium Payments Payable by West Covina. In connection with its <br />admission as a new participant, West Covina shall be liable for the payment of 8.61% of the total <br />Administrative Premium and 8.61% of the total Pure Premium payable on the Basic Premium <br />Payment Date with respect to fiscal year 2003-04. West Covina shall be liable for the payment of a <br />portion of the total Administrative Premium and the total Pure Premium in future fiscal years, and <br />shall be assessed, credited, or refunded Pure Premium Adjustments, in accordance with and as <br />provided in the Agreement or other procedures or policies of the Authority. <br /> <br /> West Covina and each of the other Participants shall be deemed to have an Allocable <br />Proportion for purposes of determining amounts to be allocated or distributed pursuant to Article V <br />of the Agreement. Each Participant's (including West Covina's) Allocable Proportion for such <br />purposes shall be the average of the Pure Premium Proportion determined by the Actuary for each <br />Participant for each Coverage Period that such Participant received Coverage under the Agreement. <br /> <br />follows: <br /> <br />Notices. Section 12.1 of the Agreement is hereby amended in its entirety to read as <br /> <br />Notices. All approvals, authorizations, consents, demands, designations, notices, <br />offers, requests, statements, or other communications hereunder (each, a "Notice") <br />from any party hereto to any other party shall be in writing and shall be deemed <br />sufficiently given and served upon the other party, if delivered via hand delivery, as <br />of the date and time of receipt of such delivery, or, if mailed, three days after deposit <br />in the United States mail as first-class mail, postage prepaid, at the addresses set <br />forth in Exhibit I hereto. Each party, by Notice given hereunder, may designate an <br />address to which subsequent Notices shall be sent. <br /> <br /> 5. Effective Date of this Third Amendment. Notwithstanding the first sentence of the <br />penultimate paragraph of Section 9.3 of the Agreement, this Third Amendment shall become <br />effective immediately at~er the last to occur of the following (the "Effective Date"): (i) each of <br />Huntington Beach, Oxnard, San Bemardino, Santa Ana, and West Covina, and all members of the <br />Governing Board of the Authority have approved and consented to the form and execution of this <br />Third Amendment, (ii) this Third Amendment has been executed and delivered by all of the parties <br />hereto, (iii) counsel for each of Huntington Beach, Oxnard, San Bemardino, Santa gna, and West <br />Covina has delivered an opinion substantially in the form of Appendix I attached hereto, <br />(iv) counsel for the Authority has delivered an opinion substantially in the form of Appendix II <br />attached hereto, (v) all of the conditions set forth in Section 6.1 of the Agreement, as amended or <br />waived, as applicable, by this Third Amendment, have been satisfied; (vi) Bond Counsel has <br />delivered an opinion in form and substance as required under Section 9.3 of the Agreement, (vii) an <br />Actuary has delivered a certificate in form and substance as required under Section 9.3 of the <br />Agreement, and (viii) West Covina shall have become a member of the Authority. <br /> <br />Third Amendment to LRCA.DOC 3 <br /> <br /> <br />
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