HomeMy WebLinkAboutBICEP 1 -1988JOINT 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
"Board of Directors" or "Board" shall mean the governing
body of the Authority.
"Executive Committee" shall mean the Executive Committee
of the Board of Directors of the Authority.
"Fiscal Year" shall mean that period of twelve months which
is established by the Board of Directors or the Bylaws as the
fiscal year of the Authority.
"Government Code" shall mean the California Government
Code, as amended.
"Insurance Program" means a program of providing insurance
administered by the Authority for Members, implemented by this
Agreement and. by' an insurance program agreement by and among
the Authority and such Members.
"Insurance Program Agreement" means an insurance program
agreement by and among the Authority and Members providing for
implementation of an Insurance Program.
"Joint Powers Law" shall mean Articles 1 through
Chapter 5, Division 7, Title 1 (commencing with Section 6500 of
the Government Code).
"Member" shall mean any California city which has executed
this Agreement and has become a member of the Authority.
ARTICLE 2
PURPOSES
This Agreement is entered into by the Members in order that
they may jointly develop and fund programs of excess insurance
for comprehensive liability and other coverages to be
determined, such programs to include the creation of joint
insurance funds, the purchase of reinsurance, and the provision
of necessary administrative services. Such administrative
services may include, but shall~ not be limited to, risk
management consulting, loss prevention and control, centralized
loss reporting, actuarial consulting, claims adjusting, and
legal defense services.
Ail such purposes shall be accomplished through a joint
exercise of powers by such cities, pursuant to this Agreement,
to be administered by a separate legal entity, the Big
Independent Cities Excess Pool Joint Powers Authority, as
created herein.
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ARTICLE 3
PARTIES TO AGREEMENT
Each Member, as a party to this Agreement, certifies that
it intends to and does contract with all other Members as
parties to this Agreement and with such other cities as may
later be added as parties to this Agreement.
ARTICLE 4
TERM
This Agreement shall become effective when executed and
returned to the Authority by at least five (5) Members. The
Authority shall promptly notify all Members in writing of such
effective date. This Agreement shall continue in effect until
terminated as provided herein; provided that the termination of
this Agreement with respect to an individual Member upon its
withdrawal from membership in the Authority shall not operate
to terminate this Agreement with respect to the remaining
Members; and provided further that this Agreement shall
continue in effect so long as any bonds or other obligations of
the Authority are outstanding.
ARTICLE 5
CREATION OF THE AUTHORITY
Pursuant to the Joint Powers Law, there is hereby created a
public entity separate and apart from the parties hereto, to be
known as the "Big Independent Cities Excess Pool Joint Powers
Authority," with such powers as are hereinafter set forth.
ARTICLE 6
POWERS OF THE AUTHORITY
(a) Powers. The Authority sh~ll have all of the powers
con, non to its Members and all additional powers set forth in
the Joint Powers Law and other statutes applicable to the joint
powers authority created hereby, and is hereby authorized to do
all acts necessary for the exercise of said powers. Such
powers include, but are not limited to, the following:
(1) To make and enter into contracts.
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(2) TO incur debts, liabilities, and obligations and to
encumber real or personal property.
(3) To acquire, hold, or dispose of real or personal
property, contributions and dcnations of real or personal
property, funds, services, and 3~her forms of assistance from
persons, firms, corporations, ana government entities.
(4) To sue and be sued in its own name, and to settle any
claim against it.
(5) To receive and use contributions and advances from
Members as provided in Government Code Section 6504, including
contributions or advances of personnel, equipment or property.
(6) To invest any money in its treasury that is not
required for its immediate necessities, pursuant to Government
Code Section 6509.5.
(7) To employ agents and employees.
(8) To receive, collect and disburse moneys.
(9) To develop and implement insurance risk management
programs, including purchase of excess insurance and
reinsurance.
(10) To finance, by means of the issuance of bonds or other
instruments of indebtedness, self-insurance reserve funds
necessary or convenient for the implementation of this
Agreement or an Insurance Program Agreement.
(11) To exercise all powers of entities, such as the
Authority, created under the Joint Powers Law including, but
not limited to, those powers enumerated under the Marks-Roos
Local Bond Pooling Act of 1985, as amended.
(12) To exercise other reasonable and necessary powers in
furtherance or support of any purpose of the Authority or power
granted by the Joint Powers Law, this Agreement or the Bylaws
of the Authority.
(b) Restrictions on Powers. Pursuant to and to the extent
required by Government Code Section 6509, the Authority shall
be restricted in the exercise of its powers in the same manner
as the City of Oxnard is restricted in its exercise of similar
powers; provided that, if the City of Oxnard shall Cease to be
a Member, then the Authority shall be restricted in the
exercise of its power in the same manner as the City of Santa
Ana.
ARTICLE 7
BOARD OF DIRECTORS
(a) Composition of Board. The Authority shall be governed
by the Board of Directors, which shall be composed of one
director representing each Member, appointed by the Member's
City Council and serving at the pleasure of such City Council,
The City Council of each Member shall also appoint an alternate
director who shall have the authority to attend, participate in
and vote at any meeting of the Board when the director is
absent. A director or alternate director shall be a member of
the City Council of the City which appoints such director or
alternate director or an official or staff person of the Member
which such director or alternate director represents. Any
vacancy in a director or alternate director position shall be
filled by the appointing Member's City Council, subject to the
provisions of this Article. Immediately upon admission of a
new Member pursuant to Article 16, such Member shall be
entitled and required to appoint a director and alternate
director.
(b) Termination of Status as Director. A director and/or
alternate director shall be removed from the Board of Directors
upon the occurrence of any one of the following events:
(1) the Authority receives written notice from the appointing
Member of the removal of the director or alternate director,
together with a certified copy of the resolution of the City
Council of the Member effecting such removal; (2) the
withdrawal of the Member from this Agreement; (3) the death or
resignation of the director or alternate director; (4) the
Authority receives written notice from the Member that the
director or alternate director is no longer qualified as
provided in the first paragraph of this Article.
(c) Compensation. Directors and their alternates are not
entitled to compensation. The Board of Direct,ors may authorize
reimbursement of expenses incurred by directors or their
alternates.
(d) Powers of Board. The Board of Directors shall have
the following powers and functions.'
(1) Except as 'otherwise provided in this' Agreement,
the Board shall exercise all powers and conduct all
business of the Authority, either directly or'by delegation
to other bodies or persons.
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(2) The Board shall form an Executive Committee, as
provided in Article 10. The Executive Committee may
exercise all powers or duties of the Board relating to the
execution, issuance, sale or delivery of bonds or other
similar obligations of the Authority. The Board may
delegate to the Executive Committee and the Executive
Committee may discharge any additional powers or duties of
the Board except adoption of the Authority~s annual
budget. Any additional powers and duties so delegated
shall be specified in a resolution adopted by the Board.
(3) The Board may form, as provided in Article 11,
such other committees as it deems appropriate to conduct
the business of the Authority or it may delegate such power
to the Executive Committee in the Bylaws or by resolution
of the Board. The membership of any such other committee
may consist in whole or in part of persons who are not
members of the Board; provided that the Board and the
Executive Committee may delegate decision-making powers and
duties only to a committee a majority of the members of
which are Board members. Any committee a majority of the
members of which are not Board members may function only in
an advisory capacity.
(4) The Board shall elect the officers of the
Authority and shall appoint or employ necessary staff in
accordance with Articles 9 and 12.
(5) The Board shall cause to be prepared, and shall
review, modify as necessary, and adopt the annual operating
budget of the Authority. Adoption of the budget may not be
delegated.
(6) The Board shall receive, review and act upon
periodic reports and audits of the funds of the Authority,
as required under Articles 13 and 14 of this Agreement.
(7) The Board shall have such other powers and duties
as are reasonably necessary to carry out the purposes of
the Authority.
ARTICLE 8
MEETINGS OF THE BOARD OF DIRECTORS
(a) Reqular Meetinqs. The Board of Directors shall hoid
at least two regular meetings each year. The Board of
Directors shall fix by resolution or in the Bylaws the date
upon which, and the hour and place at which, each regular
meeting is to be held.
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(b) Ralph M. Brown Act. Each meeting of the Board of
Directors, including without limitation regular, adjourned
regular, and special meetings shall be called, noticed, held,
and conducted in accordance with the Ralph M. Brown Act,
Section 54950 et seq. of the Government Code.
(c) Minutes. The Authority shall have minutes of regular,
adjourned regular, and special meetings kept by the Secretary.
As soon as practicable after each meeting, the Secretary shall
forward to each Board member a copy of the minutes of such
meeting.
(d) Quorum. A majority of the members of the Board is a
quorum for the transaction of business. However, less than a
quorum may adjourn from time to time. A vote of the majority
of a quorum at a meeting is sufficient to take action'.
(e) Votinq. Each member of the Board shall have one vote.
ARTICLE 9
OFFICERS
The Board shall elect a President and Vice-President from
among its members at its first meeting. Thereafter, except as
may be otherwise provided in the Bylaws of the Authority, the
Board shall elect a new President and Vice-President, in the
last meeting in each succeeding fiscal year. Each officer
shall assume the duties of his office upon election. If either
the President or vice-President ceases to be a member of the
Board, the resulting vacancy shall be .filled at the next
regular meeting of the Board held after the vacancy occurs or
at a special meeting of the Board called to fill such vacancy.
In the absence or inability of the President to act, the
Vice-President shall act as President. The President shall
preside at and conduct all meetings of the Board. The Board
may appoint such other officers as it considers necessary.
ARTICLE 10
EXECUTIVE COMMITTEE
The Board shall establish an Executive Committee of the
Board which shall consist solely of members selected from the
membership of the Board. The terms of office of the members of
the Executive Committee shall be provided in the Bylaws of the
Authority. The Executive Committee shall conduct the business
of the Authority between meetings of the Board, exercising all
those powers as provided for in section (d)(2) of Article 7, or
as otherwise delegated to it by the Board.
ARTICLE 11
COMMITTEES
The Board may establish committees as it deems appropriate
to conduct the business of the Authority or it may, in the
Bylaws or by resolution, delegate such power to the Executive
Committee. Members of Committees shall be appointed by the
Board or the Executive Committee, as the case may be. Each
Committee shall have those duties as determined by the Board or
the Executive Committee, as the case may be, .or as otherwise
set forth in the Bylaws. Each Committee shall meet on the call
of its chairperson, and shall report to the Executive Committee
and the Board as directed by the Board or the Executive
Committee, as the case may be.
ARTICLE 12
STAFF
(a) Principal Staff. The following staff members shall be
appointed by and serve at the pleasure of the Board of
Directors:
(1) General Manaqer/Secretary. The General
Manager/Secretary shall administer . the business and
activities of the Authority, subject to the general
supervision and policy direction of the Board and the
Executive Committee; shall be responsible for all minutes,
notices and records of the Authority; and shall perform
such other duties as are assigned by. the Board and
Executive Committee.
(2) Treasurer. The duties of the Treasurer are set
forth in Article 14 of this Agreement. Pursuant to
Government Code Section 6505.5,' the Treasurer shall be the
treasurer of one of the Members of the Authority or the
county treasurer in which one of the Members is situated,
or, pursuant to Government Code Section 6505.6, the Board
may appoint one of its officers or employees to the
position of Treasurer, who shall comply with the
requirements set forth for such office in the Joint Powers
Law. Should the Joint Powers Law be amended to permit the
selection of the Treasurer from another class of persons,
the Treasurer may be selected from such class.
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(3) Auditor. The Auditor shall draw warrants to pay
demands against the Authority when approved by the
Treasurer. Pursuant to Government Code Section 6505.6, the
Auditor shall be the Auditor of the Member from which the
Treasurer is appointed by the Board under (2) above, or,
pursuant to Government Code Section 6505.6, the Board may
appoint one of its officers or employees to the position of
Auditor, who shall comply with the requirements set forth
for such office in the Joint Powers Law. Should the Joint
Powers Law be amended to permit the selection of the
Auditor from another class of persons, the Auditor may be
selected from such class.
(b) Other Staff. The Board, Executive Committee or
General Manager/Secretary shall provide for the appointment of
such other staff as may be necessary for the administration of
the Authority.
(c) Compensation. The General Manager/Secretary, the
Treasurer, the Auditor and any other members of the staff or
employees of the Authority shall be compensated in such manner
as shall be approved by the Board as permitted by applicable
law,
ARTICLE 13
ACCOUNTS AND RECORDS
(a) Annual Budqet. The Authority shall annually adopt an
operating budget pursuant to Article 7 of this Agreement.
(b) Funds and Accounts. The Auditor of the Authority
shall establish and maintain such funds and accounts as may be
required by good accounting practices and by the Board. Books
and records of the Authority in the hands of the Auditor shall
be open to inspection at all reasonable times by authorized
representatives of the Members.
The Authority shall adhere to the standard of strict
accountability for funds set forth in the Joint Powers Law.
(c) Auditor's Report. The Auditor, within one hundred and
twenty (120) days after the close of each Fiscal Year, shall
give a complete written report of all financial activities for
such Fiscal Year to the Board and to each Member.
(d) Annual Audit. If then required by the Joint Powers
Law, the Authority shall either make or contract with a
certified public accountant to make an annual Fiscal year audit
of all accounts and records of the Authority, conforming in all
respects with the requirements of the Joint Powers Law. A
report of the audit shall be filed, if then required by law, as
a public record with each of the Members and with the county
auditor of the county or counties in which each of the Members
is located. Costs of the audit shall be considered a general
expense of the Authority.
ARTICLE 14
RESPONSIBILITIES FOR FUNDS AND PROPERTY
(a) Custody of Authority Funds. The Treasurer shall have
the custody of and disburse the Authority's funds, and any
other funds pledged to the payment of such ' bonds or
obligations. Proceeds of bonds or other similar obligations of
the authority, and any other funds pledged to the payment of
such bonds or obligations, may be deposited with an indenture
trustee, agent or other depositary and shall not be considered
the Authority's funds for purposes of this Article. The
Treasurer may delegate disbursing authority to such persons as
may be authorized by the Board or the Executive Committee to
perform that functions, subject to the requirements of (b)
below.
(b) Duties of Treasurer. The Treasurer shall perform all
functions then required to be performed by the Treasurer under
the Joint Powers Law.
(c) Authority Property. Pursuant to Government Code
Section 6505.1, the General Manager/secretary, the Treasurer,
and such other persons as the Board may designate shall have
charge of, handle, and have access to the property of the
Authority.
ARTICLE 15
MEMBER RESPONSIBILITIES
Each Member shall have the foll6wing responsibilities:
(a) To appoint its director and alternate director to or
remove its director and alternate director from the Board as
set forth in Article 7. ~-
(b) To consider proposed amendments to as
set forth in Article 23.
this Agreement
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(c) TO make contributions in the form of annual membership
assessments and fees, if any, determined by the Board for the
purpose of defraying the costs of providing the annual benefits
accruing directly to each party from this Agreement.
ARTICLE 16
NEW MEMBERS
With the approval of two-thirds of the members of the
Board, and compliance with any requirements of the Joint Powers
Law, any qualified city may become a party to this Agreement.
A city requesting membership shall apply by presenting to the
Authority a resolution of the City Council of such city
evidencing its approval of this Agreement. The dace that the
applying city will become a Member will be determined by the
Board.
ARTICLE 17
WITHDRAWAL
A Member may withdraw from membership in the Authority upon
thirty (30) days advance written notice to the Authority;
provided that an Insurance Program Agreement may set forth
additional conditions to withdrawall A Member which no longer
participates in any Insurance Program of the Authority, by
reason of expulsion from an Insurance Program or otherwise,
shall be deemed to have withdrawn from this Agreement and shall
no longer be a party to .this Agreement. No withdrawal,
however, shall relieve such Member from its obligations under
any outstanding agreements relating to the Authority's bonds or
other obligations except in accordance with such agreements.
ARTICLE 18
OBLIGATIONS OF AUTHORITY
The debts, liabilities and o~ligations of the Authority
shall not be the debts, liabilities and obligations of the
Members. Any Member may separately contract for, or assume
responsibility for, specific debts, liabilities or obligations
of the Authority,
Pursuant to Section 895.2 of the Government Code, the
Members may be jointly and severally liable for any liability
which is imposed by any law for injury caused by a negligent or
1!
wrongful act or omission occurring in the performance of this
Agreement. In the event that such liability arises out of a
negligent or wrongful act or omission with respect to an
Insurance Program, the Members hereby provide pursuant to
Section 895.6 of the Government Code that such liability shall
be borne by the Members participating in suc.~ Insurance Program
in the same proportion as administrative expenses of the
Insurance Program are allocated among such participating
Members at the time the liability is determined. In the event
a Member is held liable upon any judgment for damages caused by
such an act or omission and makes payment in excess of its
proportional share, as determined in the preceding sentence,
such Member is entitled from each of the Members which have not
paid their proportional share.
ARTICLE 19
TERMINATION AND DISTRIBUTION OF ASSETS
This Agreement may be terminated at any time that no bonds
or other obligations of the Authority are outstanding. Upon
termination of this Agreement, all assets of the Authority
shall, after payment of all unpaid costs, expenses and charges
incurred under this Agreement, be distributed among the parties
hereto in accordance with the respective contributions of each
of said parties; provided that an Insurance Program Agreement
may set forth the specific manner of calculation and timing of
such distributions of funds held with respect to the related
Insurance Program.
ARTICLE 20
LIABILITY OF BOARD OF DIRECTORS,
OFFICERS AND COMMITTEE MEMBERS
The members of the Board of Directors, officers and
committee members of the Authority shall use ordinary care and
reasonable diligence in the exercise of their powers and in the
performance of their duties pursuant to this Agreement. They
shall not be liable for any mistake of judgment or any other
action made, taken or omitted by them in good faith, nor for
any action taken or omitted by any agent, employee or
independent contractor selected with reasonable care, ~nor for
loss incurred through investment of Authority fun'ds,.or failure
to invest.
12
No director, officer or committee member shall be
responsible for any action taken or omitted by any other
director, officer or committee member. No director, officer or
committee member shall be required to give a bond or other
security to guarantee the faithful performance of his or her
duties pursuant to this Agreement.
The Board may adopt
which shall provide for
the Authority.
ARTICLE 21
BYLAWS
Bylaws consistent with this Agreement
the administration and management of
ARTICLE 22
NOTICES
The Authority shall address notices, billings and other
communications to a Member as directed by such Member. Each
Member shall provide the Authority with the address to which
communications are to be sent. Members shall address notices
and other communications to the Authority, at the office
address of the Authority as set forth in the Bylaws.
ARTICLE 23
This Agreement may be amended at any time by vote of
two-thirds of the Members, acting through their City Councils,
and compliance with any requirements of the Joint Powers Law.
Any amendment of this Agreement shall become effective upon
receipt by the Authority of notice of the approval of such
amendment by the City Councils of two-thirds of the Members and
satisfaction of any requirements of the Joint Powers Law.
ARTICLE 24
SEVERABILITY
Should any portion, term, condition, or provision of this
Agreement be decided by a court of competent jurisdiction to be
illegal or in conflict with any law of the State of California,
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or be otherwise rendered unenforceable or
validity of the remaining portions, terms,
provisions shall not be affected thereby.
ineffectual, the
conditions, and
ARTICLE 25
PROHIBITION AGAINST ASSIGNMENT
No Member may assign any right, claim or interest it may
have under this Agreement, and no creditor, assignee or third
party beneficiary of any Member shall have any right, claim .or
title to any part, share, interest, fund or asset of the
Authority.
ARTICLE 26
AGREEMENT COMPLETE
This Agmeement constitutes the full and complete agreement
of the parties.
ARTICLE 27
FILING WITH SECRETARY OF STATE
The General Manager/Secretary of the Authority shall file a
notice of this Agreement with the office of the California
Secretary of State within 30 days of its effective date, as
required by Government Code Section 6503,5 and within 70 days
of its effective date as required .by Government Code
Section 53051.
IN WITNESS WHEREOF, the undersigned party hereto has
executed this Agreement on the dated indicated below.
DATE: .~SPTEMBER 19, 1988
Seal:
ATTEST:
The fore£oingd~%t~uml~kis,,, a correct
cow u,
Council of t '", -~ ·
Cal. he C~y o~ Huntmston ~c~,
14
CITY OF HU~.~I~;TON ~AC~
G~IL HUTT0}f. City Att0r~e¥
PAUL.g,c~COOK, C/'r'TY/~INISTRATOR
L~BERT J:/RAN~ / ~
~EPUT¥ CITY
or be otherwise rendered unenforceable or
validity of the remaining portions, terms,
provisions shall not be affected thereby.
ineffectual, the
conditions, and
ARTICLE 25
PROHIBITION AGAINST ASSIGNMENT
No Member may assign any right, claim or interest it may
have under this Agreement, and no creditor, assignee or third
party beneficiary of any Member shall have any right, claim or
title to any part, share, interest, fund or asset of the
Authority.
ARTICLE 26
AGREEMENT COMPLETE
This Agreement constitutes the full and complete agreement
of the parties.
ARTICLE 27
FILING WITH SECRETARY OF STATE
The General Manager/Secretary of the Authority shall file a
notice of this Agreement with the office of the California
Secretary of State within 30 days of its effective date, as
required by Government Code Section 6503.5 and within 70 days
of its effective date as required .by Government Code
Section 53051.
IN WITNESS WHEREOF, the undersigned party hereto has
executed this Agreement on the dated indicated below.
DATE:
September 13, 1988
C I ~ _0.~ OXNAR~
Its Mayor
Seal:
ATTEST:
APPROVEI~ A8 TO FORM:
Olty Attorney ~
14
or be otherwise rendered unenforceable or
validity of the remaining portions, terms,
provisions shall not be affected thereby.
ineffectual, the
conditions, and
ARTICLE 25
PROHIBITION AGAINST ASSIGNMENT
No Member may assign any right, claim or interest it may
have under this Agreement, and no creditor, assignee or third
party beneficiary of any Member shall have any right, claim or
title to any part, share, interest, fund or asset of the
Authority.
ARTICLE 26
AGREEMENT COMPLETE
This Agreement constitutes the full and complete agreement
of the parties.
ARTICLE 27
FILING WITH SECRETARY OF STATE
The General Manager/Secretary of the Authority shall file a
notice of ~his Agreement with the office of the California
Secretary of State within 30 days of its effective date, as
required by Government Code Section 6503.5 and within 70 days
of its effective date as required by Government Code
Section 53051.
IN WITNESS WHEREOF, the undersigned party hereto has
executed this Agreement on the dated indicated below.
DATE:
September 19, 1988
itS~. Mayor
Seal:
ATTEST:
interim City Clerk
AR~AS TO FOP~M:
14
or be otherwise rendered unenforceable or
validity of the remaining portions, terms,
provisions shall not be affected thereby.
ineffectual, the
conditions, and
ARTICLE 25
PROHIBITION AGAINST ASSIGNMENT
No Member may assign any right, claim or interest it may
have under this Agreement, and no creditor, assignee or third
party beneficiary of any Member shall have any right, claim or
title to any part, share, interest, fund or asset of the
Authority,
ARTICLE 26
AGREEMENT COMPLETE
This Agreement constitutes the full and complete agreement
of the parties.
ARTICLE 27
FILING WITH SECRETARY OF STATE
The General Manager/Secretary of the Authority shall file a
notice of this Agreement with the office of the California
Secretary of State within 30 days of its effective date, as
required by Government Code Section 6503.5 and within 70 days
of its effective date as required by Government Code
Section 53051.
IN WITNESS WHEREOF, the undersigned party hereto
executed this Agreement on the dated indicated below.
DATE:
has
Seal:
ATTEST:
14
or be otherwise rendered unenforceable or ineffectual, the
validity of the remaining portions, terms, conditions, and
provisions shall not be affected thereby.
A~TICLE 25
PROHIBITION AGAINST ASSIGNMENT
No Member may assign any right, claim or interest it may
have under this Agreement, and no creditor, assignee or third
party beneficiary of any Member shall have any right, claim or
title to any part, share, interest, fund or asset of the
Authority.
This Agreement
of the parties.
~TICLE 26
AGREEMENT COMPLETE
constitutes the full and
complete
agreement
A~RTICLE 27
FILING WITH SECRETARY OF STATE
The General Manager/Secretary of the Authority shall file a
notice of this Agreement with the office of the California
Secretary of State within 30 days of its effective date, as
required by Government Code Section 6503.5 and within 70 days
of its effective date as required .by Government Code
Section 53051.
IN WITNESS WHEREOF, the undersigned party hereto has
executed this Agreement on the dated indicated below.
DATE:
Seal:
CITY~ OF SANTA ANA
Its Daniel H. Youn_~. Mayor
Patricia A. McGuigan, Mayor Pro Tem
ATTEST
~CC~; ~eo fC ' t hG;Ycpuncil
~.,~ORM
E D'~'KR D~- cOOPER
Ct'P/A'FT~RN EY
14
APPENDIX A
MEMBERS
City of Huntington Beach
City of Oxnard
City of Pomona
City of San Bernardino
City of Santa Ana
A-1
CERTIFICATE NO.
ISSUE DATE (MMIDDIYY)
----.- I
CPEIA-GL2-132 CERTIFICATE OF COVERAGE 07/19/05
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS
CSAC Excess UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER
THE COVERAGE AFFORDED BELOW.
Insurance Authority
CIO DRIVER ALLIANT INSURANCE SERVICES, INC.
P.O. BOX 6450 COVERAGE
NEWPORT BEACH, CA 92658-6450 AFFORDED BY A - CSAC Excess Insurance Authority
LICENSE #OC36B61
PHONE (949) 756-0271/ FAX (949) 756-2713 COVERAGE B
AFFORDED BY -
CPEIA MEMBER: A- i'lSi -0'10 COVERAGE
BIG INDEPENDENT CITIES EXCESS POOL (BICEP) AFFORDED BY C -
AND ITS MEMBERS CITY OF SANTA ANA
ATTN: ROSA FLORES COVERAGE 0
AFFORDED BY -
20 CIVIC CENTER PLAZA, M-28, BOX 1988
SANTA ANA, CA 92702-1988 COVERAGE E
AFFORDED BY -
Coverages
THIS IS TO CERT!FY THAT THE MEMORANDUMS OF COVERAGE LISTED BE~OW HAVE BEEN ISSUED TO THE MEMBER NAMED
ABOVE FOR THE PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR
OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED
BY THE MEMORANDUMS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH
MEMORANDUMS.
CO TYPE OF COVERAGE MEMORANDUM COVERAGE EFFECTIVE COVERAGE EXPIRATION LIABILITY LIMITS
LTR NUMBER DATE (MM/DDIYY) DATE (MMIDDIYY)
~ Excess General Liability Member: Each Occurrence
A Excess Auto Liability CPEIA-03-GL2-17 07/01/05 07/01/16 Self-Insured
129 Excess Errors & Omissions Master: Retention $2.000,000
EIA-03-GL2-00
OTHER
Al
Description of Operations/LocationsNehicles/Speclalltems:
AS RESPECTS LICENSE AGREEMENT FOR USE OF PREMISES.
THE UNITED STATES OF AMERICA (DEPARTMENT OF THE NAVY) AND THE U. S. MARINE CORPS ARE ADDED AS ADDITIONAL
INSUREDS IN OPERATIONS OF THE POLICY HOLDER AT OR FORM THE PREMISES LICENSED FROM THE UNITED STATES.
APPROVU) i {) ~ e,
it/i.. '/ r //z_ - ...
-
, ..' ~,; ;~~Uation
Certificate Holder ~ 'tH'! \lll
,~c. ,. I SH91,J1.p ANY OF THE ABOVE DESCRIBED MEMORANDUMS BE CANCELLED BEFORE THE
i'<..\)I"l,-if1!( ; ~ "EXPIRATlC)N DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITIEN
COMMANDING GENERAL NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAll SUCH NOTICE
, SHAll IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR
MARINE CORPS BASE REPRESENTATIVES
AUTHORIZED REPRESENTATIVE
CAMP PENDLETON, CA 92099 ~~-~-
C -=>
CSAC . EXCESS INSURANCE AUTHORITY
. .
ENDORSEMENT NO. U-1 Revised
CSAC EXCESS INSURANCE AUTHORITY
EXCESS LIABILITY
ADDITIONAL COVERED PARTY AMENDATORY ENDORSEMENT
It is agreed that the ''Covered Party, Covered Persons or Entities" section of the Memorandum is amended
to include the person or organization named on the certificate of coverage, but only with respect to liability
arising out of operations performed by or on behalf of the Member or such person or organization so
designated,
Coverage provided under this endorsement is limited to the lesser of the limits stated in Items 2A. and 28, of
the Declarations and the minimum limits required in the contract.
ADDITIONAL COVERED PARTY:
SEE CERTIFICATE ON FILE WITH THE AUTHORITY
AS RESPECTS:
SEE CERTIFICATE ON FILE WITH THE AUTHORITY
It is further agreed that nothing herein shall act to increase the Authority's limit of liability.
This endorsement is part of the Memorandum of Coverage and takes effect on the effective date of
the Memorandum of Coverage unless another effective date is shown below. All other terms and
conditions remain unchanged.
Effective Date:
Memorandum No.: EIA-03-GL2-00
Issued To:
ALL MEMBERS
Date:
Julv S. 2005
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