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Home My WebLink AboutBICEP 1A-1988COPY FIRST AMENDMENT TO JOINT POWERS AGR]EEMENT CREATING THE BIG INDEPENDENT CITIES EXCESS POOL JOINT POWERS AUTHORITY THIS FIRST AMENDMENT TO IOINT POWERS AGREEMENT CREATING THE BIG INDEPENDENT CITIES EXCESS POOL JOINT POWERS AUTHORITY, dated as of November 1, 2003 (this "First Amendment"), by and among the CITY OF HUNTINGTON BEACH ("Huntington Beach"), the CITY OF OXNARD ("Oxnard"), the CITY OF SAN BERNARDINO ("San Bernardino"), the CITY OF SANTA ANA ("Santa Ann"), and the CITY OF WEST COVINA ("West Covina"), each a municipal corporation duly organized and existing under the Constitution and laws of the State of California (the "State"), amends the JOINT POWERS AGREEMENT CREATING THE BIG iNDEPENDENT CITIES EXCESS POOL JOINT POWERS AUTHORITY, executed and delivered in September 1988 (the "Agreement"), by and among Huntington Beach, Oxnard, San Bemardino, Santa Aha, and the CITY OF POMONA ("Pomona"), a municipal corporation duly organized and existing under the Constitution and laws of the State. All capitalized terms used but not defined herein shall haVe the respective meanings assigned to such terms in the Agreement. RECITALS: WHEREAS, pursuant to Chapter 5, Division 7, Title 1 of the California Goverrm~ent Code (Section 6500 et seq.) (the "Joint Powers Law") and the Agreement, Huntington Beach, Oxnard, Pomona, San Bemardino, and Santa Ana formed the BIG INDEPENDENT CITiES EXCESS POOL JOINT POWERS AUTHORITY (the "Authority") as joint exemise of powers agency; and WHEREAS, Article 17 of the Agreement provides, among other things, that 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Program of the Authority by reason of expulsion from an Insurance Program or otherwise, shall be deemed to have withdrawn from the Agreement and shall no longer be a party to the Agreement; and WHEREAS, Pomona has been expelled, effective August 18, 2003, from Coverage as a Participant under, and as such terms are defined in, the Liability Risk Coverage Agreement, dated as of October 1, 1988, by and among the Authority and Huntington Beach, Oxnard, San Bernardino, Santa gna, and Pomona, as amended by the First Amendment to Liability Risk Coverage Agreement, dated as of December 1, 1988, by and among the Authority and Huntington Beach, Oxnard, San Bemardino, Santa Ann, and Pomona, as further an~ended by Resolution No. 95-1, adopted by the Board of Directors of the Authority (the "Board") on November 25, .1995 (collectively, the "Liability Risk Coverage Agreement"), and as further proposed to be amended by the Th/rd Amendment to Liability Risk Coverage Agreement, dated for reference purposes as of November 1, 2003 (the "Third Amendment"), and does not currently participate in any other Insurance Program of the Authority; and WHEREAS, Article 16 of the Agreement provides, among other things, that any qualified city may become a party to the Agreement with the approval of two-thirds of the members of the Board; and First Amendment to JPA.DOC WHEREAS, the Board has unanimously approved the admission of West Covina as a new Participant under the Liability Risk Coverage Agreement and as a member of the Authority and a party to the Agreement; and WHEREAS, pursuant to the Third Amendment, West Covina shall be admitted as a new Participant under, and as such term is defined in, the Liability Risk Coverage Agreement; and WHEREAS, all of the Members of the Authority desire to execute this First Amendment to approve the admission of West Covina as a Member under, and as a party to, the Agreement and to acknowledge the withdrawal of Pomona as Member under the Agreement; and WHEREAS, in connection with the admission of West Covina as a new Member, certain provisions of the Agreement are required to be amended; and WHEREAS, Article 23 of the Agreement sets forth the conditions under which and the procedures pursuant to which the Agreement may be amended; and WHEREAS, Huntington Beach, Oxnard, San Bemardino, Santa Aha, and West Covina desire to amend the Agreement in accordance with Article 23 thereof and to make certain certifications in connection therewith, all as further set forth herein; NOW, THEREFORE, in consideration of the premises and of the mutual covenants contained herein and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto hereby agree at follows: 1. Acknowledgement of Withdrawal of Pomona as a Member. Because Pomona has ceased to participate in any Insurance Program of the Authority, in accordance with and subject to Article 17 of the Agreement, Pomona has withdrawn from the Agreement and as a Member of the Authority and is no longer a party to the Agreement. 2. Adnfission of West Covina as a Member. West Covina is hereby admitted as a Member of the Authority and as a party to the Agreement. 3. Amendment to Appendix A. Appendix A of the Agreement is hereby amended to read in its entirety as follows: MEMBERS City of Huntington Beach City of Oxnard City of San Bemardino City of Santa Ana City of West Covina 4. Incorporation of Terms; Reaffirmation of Agreement. From and after the effective date hereof, (a) all references to the "Agreement" shall mean and include the Agreement, as amended by this First Amendment, and (b) all references to "Member" or "Members" shall mean First Amendment to JPA.DOC 2 and include each or all, as applicable, of Huntington Beach, Oxnard, San Bemardino, Santa Aha, and West Covina. Each of Huntington Beach, Oxnard, San Bemardino, Santa Aa~a, and West Covina hereby reaffin'ns each of the provisions of the Agreement and confirms that, as so amended, the Agreement is and remains in full force mhd effect for the tem~ thereof aud is binding upon the parties hereto and their respective successors or assi~m~s (but only to the extent, if any, permitted under the Agreement). 5. Resolution of Conflicting Provisions. If any ten,ns of this First Amendment conflict with terms of the Agreement that have not been explicitly mnended or waived by this First Amendment, the terms of this First gnnendment shall control and the applicable terms of the Agreement shall be deemed to have been amended or waived to confom~ to the terms hereof. 6. Severabilit¥. In tire event any provision of this First Amendment shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 7. Applicable Law. This First Amendment shall be governed by and construed solely in accordance with the laWs of the State of California. 8. Captions. The captions or headings in this First Amendment are for convenience only and in no way define, limit, or describe,the scope or intent of any terms, provisions, or sections of this First Amendment. 9. Execution in Counterparts. This First Amendment may be executed in several counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. 10. Effective Date of this First Amendment. This First Amendment shall be effective on and after the date that the Board shall have received written notice of the approval, execution, and delivery of this First Amendment by each of the Members and the satisfaction of any requirements of the Joint Powers Law. 11. State and (Jount¥ Filings. The General Manager/Secretary of the Authority is · hereby directed to file all appropriate notices pertaining to this First Amendment with the office of the California Secretary of State and the County Clerk of the County of Los Angeles, as applicable, within thirty (30) days of its effective date as required by Government Code Section 6503.5, and within ten (10) days of its effective date as required by Govermnent Code Section 53051. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] First Amendmenl to JPA.DOC 3 IN WITNESS WHEREOF, the undersigned, each of which is a Member of the Authority, have caused this First Amendment to be executed as of the date first written above, to be effective on and after the effective date. APPROVED AS TO FORM: By: APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH By: By: APPROVED AS TO FORM: CITY OF OXNARD By: By: ATTEST: Clerk of the Council APPROVES TO FORM: /J/o/~. Fletcher ~//City Attorney APPROVED AS TO FORM: By: CITY OF SAN BERNARDINO By: It's: CITY OF SANTA ANA By: David N. Ream City Manager CITY OF WEST COVINA By: It's: 00010856.DOC 4 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 '[)' ',t," rORi\/1 '\i;PftOVi::... I.;."'; . ,-tf?) ':' I-C ;lUi.! StItt ShG~Llj' ;'.1.;1.,11: City Attnrn,~\