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"Government Code" shall mean the California Government Code, as it may be <br />amended from time to time. <br />Insurance" means commercial primary or excess insurance or reinsurance. <br />"Member(s)" means any public agency as the term "public agency" is defined by Section <br />6500 of the Joint Powers Law, which includes, but is not limited to, any federal, state, <br />county, city, public corporation, public district of this state or another state, or any joint <br />powers authority formed pursuant to the Joint Powers Law by any of these agencies <br />which has executed this Agreement and has become a member of the Authority. <br />"Risk Management Program(s)" means those programs of risk sharing, Insurance, and <br />risk management services created by Authority to provide Coverage to each Member. <br />ARTICLE 2 <br />PURPOSES <br />This Agreement is entered into by the Members to amend and restate the Original <br />Agreement in order that they may jointly continue to develop and fund Coverage <br />including but not limited to such programs as risk sharing, excess insurance, the <br />purchase of reinsurance, and the provision of necessary administrative services. Such <br />administrative services may include, but shall not be limited to, risk management <br />consulting, loss prevention and control, centralized loss reporting, actuarial consulting, <br />claims adjusting, and legal defense services. <br />All such purposes shall be accomplished through a joint exercise of powers by such <br />public agencies, pursuant to this Agreement, to be administered by a separate legal <br />entity, the Big Independent Cities Excess Pool Joint Powers Authority. <br />Upon execution of this Agreement by two-thirds (2/3rds) of the Members, the Original <br />Agreement shall no longer be in force and effect. <br />ARTICLE 3 <br />PARTIES TO AGREEMENT <br />Each Member, as a party to this Agreement, certifies that it intends to and does contract <br />with all other Members as parties to this Agreement and with such other public agencies <br />as later may be added as parties to this Agreement. <br />ARTICLE 4 <br />TERM <br />This Agreement shall become effective when executed and returned to the Authority by <br />each Member. The Authority shall promptly notify all Members in writing of such <br />effective date. This Agreement shall continue in effect until terminated as provided <br />herein; provided that the termination of this Agreement with respect to an individual <br />loins Powers Agreement 2 <br />5-3]-06 <br />