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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. 2 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. 3 (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. 5 (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. 6 (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. 8 (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 10 (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, 13 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 '[)' ',t," rORi\/1 '\i;PftOVi::... I.;."'; . ,-tf?) ':' I-C ;lUi.! StItt ShG~Llj' ;'.1.;1.,11: City Attnrn,~\