Press Alt + R to read the document text or Alt + P to download or print.

No preview available

The URL can be used to link to this page

Home My WebLink About2005-241 ~!","""," ". T- -~""- " '-' 1 Resolution No. 2005-241 2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING THE LIABILITY RISK COVERAGE AGREEMENT AND THE JOINT POWERS AGREEMENT CREATING THE BIG INDEPENDENT CITIES EXCESS POOL JOINT POWERS AUTHORITY, AND AUTHORIZING, RATIFYING, AND APPROVING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH 3 4 5 6 WHEREAS, the City of San Bernardino is a municipal corporation organized and existing under and by virtue of the constitution and laws of the State of California (the "City"); and, 7 8 WHEREAS, the Cities of Huntington Beach, Oxnard, West Covina, San Bernardino, and Santa Ana are the current Members of the Big Independent Cities Excess Pool Joint Powers 9 Authority, a joint exercise of powers entity organized and existing under the laws of the State of California (the "Authority''); and, 10 11 WHEREAS, each Member of the Authority entered into that certain JOINT POWERS AGREEMENT CREATING THE BIG INDEPENDENT CITIES EXCESS POOL JOINT POWERS AUTHORITY, executed and delivered in September 1988, as amended by that certain FIRST AMENDMENT TO THE JOINT POWERS AGREEMENT, dated November 1, 2003 (altogether the "JP A Agreement"), 12 13 14 WHEREAS, the Authority entered into the Liability Risk Coverage Agreement dated as of October 1, 1988 (the "Original Agreement"), as amended by the First Amendment to Liability Risk Coverage Agreement dated as of December 1, 1988 (the "First Amendment"), by and among the Authority and the Cities of Huntington Beach, Oxnard, Pomona, San Bernardino, and Santa Ana, and by Resolution No. 95-1, adopted by the Board of Directors of the Authority on November 25, 1995 (the "Second Amendment"), and the Third Amendment to Liability Ris Coverage Agreement, dated November 1, 2003 (the "Third Amendment") (the Original Agreement, as amended by the First Amendment, the Second Amendment, and the Third Amendment, is referred to herein as the "Agreement"); and, 15 16 17 18 19 20 WHEREAS, the Members desire to expand the eligibility for membership and participation to allow any public agency, as that term is defined in Section 6500 of the Joint Powers Law, to join the Authority; and, 21 22 WHEREAS, in connection with the expanded eligibility for admission of a new Member under the JP A Agreement and of a new Participant under the Agreement, certain provisions of the JP A Agreement and the Agreement, respectively, are required to be amended, supplemented, or waived, as applicable; and, 23 24 WHEREAS, the City proposes to enter into the Second Amendment to the JP A 25 Agreement (the "Second Amendment to JPA''), marked Exhibit A, by and among the current Members to provide for the expansion of eligibility for membership in the Authority; and, -1- _ _ t""'P"-""~-": " n _ , ",- ~_="'<:~"~ , n" " 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING THE LIABILITY RISK COVERAGE AGREEMENT AND THE JOINT POWERS AGREEMENT CREATING THE BIG INDEPENDENT CITIES EXCESS POOL JOINT POWERS AUTHORITY, AND AUTHORIZING, RATIFYING, AND APPROVING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH 2 3 4 5 WHEREAS, the City proposes to enter into a Fourth Amendment to Liability Risk Coverage Agreement (the "Fourth Amendment''), marked Exhibit B, by and among the Authority and the Cities of Huntington Beach, Oxnard, San Bernardino, Santa Ana, and West Covina, to provide for the expansion of eligibility for participation in the Authority; and, 6 7 8 WHEREAS, the City desires to approve, ratify, and confirm in all respects all previous actions taken by the City or any member of this City Council of this City (the "City Council") 0 any other officer or staff member of the City with respect to the foregoing; and, 9 10 WHEREAS, the forms of the following documents are on file with the City Clerk of the City (the "City Clerk'') and have been submitted to this City Council, and the Risk Manager of the City (the "Risk Manager"), in consultation with the City Attorney of the City (the "City Attorney''), has examined and approved each document and has recommended that this City Council direct the completion, where appropriate, and the execution and delivery of such documents: 11 12 13 (a) the Second Amendment to the Joint Powers Agreement; 14 15 (b) the Fourth Amendment to the Liability Risk Coverage Agreement. 16 NOW, THEREFORE, the City Council of the City of San Bernardino does hereby find, determine, resolve and order as follows: 17 SECTION 1. The foregoing recitals, and each of them, are true and correct. 18 SECTION 2. The Second Amendment to the JP A Amendment is approved in substantially the form presented at this meeting. The Mayor is hereby authorized and directed, for and in the name of the City, to execute and deliver the Second Amendment to the JP A and such approval to be conclusively evidenced by the execution and delivery thereof. 19 20 21 SECTION 3. The Fourth Amendment is approved in substantially the form presented at this meeting. The Mayor of the City is hereby authorized and directed, for and in the name of the City, to execute and deliver the Fourth Amendment and, such approval to be conclusively evidenced by the execution and delivery thereof. 22 23 24 SECTION 4. The Mayor, the City Clerk, the City Attorney, and any other proper officer of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents necessary or proper for carrying out the transactions contemplated by this Resolution or any of the documents referred to herein. 25 -2- : ' '""""" :"""",,,:?Y' "'f [r"rw.''',,' ..~.'H' - ~. 3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING THE LIABILITY RISK COVERAGE AGREEMENT AND THE JOINT POWERS AGREEMENT CREATING THE BIG INDEPENDENT CITIES EXCESS POOL JOINT POWERS AUTHORITY, AND AUTHORIZING, RATIFYING, AND APPROVING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH 1 2 4 5 SECTION 5. Any document, the execution of which by the Mayor, the City Clerk, the City Attorney, or any other proper officer of the City is authorized by this Resolution, shall, in the absence or inability to act of such officer, be executed by any authorized designee of such officer, such authorization to be given in writing. 6 7 SECTION 6. All actions previously taken by this City Council and by the officers and 8 staff of the City with respect to the matters addressed by this Resolution are hereby approved, ratified, and confirmed in all respects. 9 This Resolution shall take effect from and after its date of adoption. 10 11 III 12 III 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 24 III 25 III -3- "j[~~'"' 'T -- ,. "W","" . ~. ..--. ",. 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITY OF S BERNARDINO AMENDING THE LIABILITY RISK COVERAGE AGREEMENT AND 2 JOINT POWERS AGREEMENT CREATING THE BIG INDEPENDENT CITmS EXCES POOL JOINT POWERS AUTHORITY, AND AUTHORIZING, RATIFYING, 3 APPROVING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH 6 Council of the City of San Bernardino at a joint regular meeting thereof, held on th 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Commo 7 18th day of July , 2005, by the following vote, to wit: 8 9 COUNCILMEMBERS: AYES NA YES ABSTAIN ABSENT ESTRADA X 10 LONGVILLE X 11 MC GINNIS X 12 DERRY X 13 KELLEY X 14 JOHNSON X MC CAMMACK X 15 16 17 18 The foregoing resolution is 19 July ,2005. 20 21 22 Approved as to form and Legal content: 23 JAMES F. PENMAN, 24 City Attorney 25 .f~ ~~.~ I G. Clark, City Clerk hereby this ;Jf tiz. o th es, Mayor of San Bernardino -4- -"~",,., "~',,"'~"~'...n.~,...".. " ' -'''~~~ .... .".~'.'" .... 'n_ 2005-241 EXHIBIT A 1 SECOND AMENDMENT TO JOINT POWERS AGREEMENT CREATING THE BIG INDEPENDENT CITIES EXCESS POOL JOINT POWERS AUTHORITY 2 3 4 THIS SECOND AMENDMENT TO JOINT POWERS AGREEMENT CREATING THE BIG INDEPENDENT CITIES EXCESS POOL JOINT POWERS AUTHORITY, dated as of ,2005 (this "Second 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 Ana"), 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, as amended by that certain FIRST AMENDMENT TO THE JOINT POWERS AGREEMENT, dated November 1,2003 (altogether the "Agreement"). All capitalized terms used but not defined herein shall have the respective meanings assigned to such terms in the Agreement. 5 6 7 8 9 10 11 RECITALS: 12 WHEREAS, pursuant to Chapter 5, Division 7, Title 1 of the California Government Code (Section 6500 et seq.) (the "Joint Powers Law") and the Agreement, Huntington Beach, Oxnard, West Covina, San Bernardino, and Santa Ana are Members of the BIG INDEPENDENl CITIES EXCESS POOL JOINT POWERS AUTHORITY (the "Authority") a joint exercise of powers agency; and 13 14 15 WHEREAS, the Members desire to expand the eligibility for membership to allow any 16 public agency, as defmed in Section 6500 of the Joint Powers Law to join the Authority; and WHEREAS, pursuant to Resolution No. 2005-1 the Board of Directors of the Authority (the "Board") has amended the Liability Risk Coverage Agreement (as amended on December 1, 1988, November 25, 1995, and November 1,2003), dated for reference purposes as 19 of June 14, 2005 (the "Fourth Amendment"), to expand the eligibility for participation consistent with the purpose of this Second Amendment to the Agreement; and 17 18 20 WHEREAS, all of the Members of the Authority desire to execute this Second 21 Amendment to approve the expansion of eligibility; and 22 WHEREAS, Article 23 of the Agreement sets forth the conditions under which and the procedures pursuant to which the Agreement may be amended. 23 24 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: 25 -1- ~~~m_"__c, ~< " ",,'~---' , 2005-241 1 SECOND AMENDMENT TO JOINT POWERS AGREEMENT CREATING THE BIG INDEPENDENT CITIES EXCESS POOL JOINT POWERS AUTHORITY 2 3 1. Revision of definition of "Member". The definition of "Member" as provided in Article 1, Definitions, of the Agreement, is revised as follows: 4 "Member" shall mean any public agency as the term "public agency" is defined by Section 6500 of the Joint Powers Law, which includes, but is not limited to, any federal, state, county, city, public corporation, public district of this state or another state, or any joint powers authority formed pursuant to the Joint Powers Law by any of these agencies which has executed this Agreement and has become a member ofthe Authority." 5 6 7 8 2. Revision of references to "cities" in the AlZI'eement. All references in the Agreement to the general term of "city" or "cities" are hereby changed to "public agency" or "public agencies." 9 10 3. Revision to references to "Citv Council" in the AlZI'eement. All references in the Agreement to the general term of "City Council" are hereby changed to the "legislative body" of the Member. 11 12 4. Incorporation of Terms: Reaffirmation of A21"eement. From and after the effective date hereof, (a) all references to the "Agreement" shall mean and include the Agreement, as amended by this Second Amendment. Each of Huntington Beach, Oxnard, San Bernardino, Santa Ana, and West Covina hereby reaffirms each of the provisions of the Agreement and confirms that, as so amended, the Agreement is and remains in full force and ' effect for the term thereof and is binding upon the parties hereto and their respective successors or assigns (but only to the extent, if any, permitted under the Agreement). 13 14 15 16 17 5. Resolution of Conflictim! Provisions. If any terms of this Second Amendment conflict with terms of the Agreement that have not been explicitly amended or waived by this Second Amendment, the terms of this Second Amendment shall control and the applicable terms of the Agreement shall be deemed to have been amended or waived to conform to the terms hereof. 18 19 20 6. Severability. In the event any provision of this Second 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. 21 22 7. ApDlicable Law. This Second Amendment shall be governed by and construed solely in accordance with the laws of the State of California. 23 24 8. CaDtions. The captions or headings in this Second 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 Second Amendment. 25 -2- ,.-~,-~._~'''',~'".. ' ""~T,' ' r,,'" "'~.'" 2005-241 1 SECOND AMENDMENT TO JOINT POWERS AGREEMENT CREATING THE BIG INDEPENDENT CITIES EXCESS POOL JOINT POWERS AUTHORITY 2 3 9. Execution in Counteroarts. This Second 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. 4 5 10. Effective Date of this Second Amendment This Second 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 Second Amendment by each of the Members and the satisfaction of any requirements of the Joint Powers Law. 6 7 9 11. State and County FiliDlIS. The General ManagerlSecretary of the Authority is hereby directed to file all appropriate notices pertaining to this Second 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 Government Code Section 53051. 8 10 11 /II 12 /II 13 /II 14 /II 15 /II 16 17 /II 18 /II 19 /II 20 /II 21 /II 22 1/1 23 /II 24 /II 25 /II -3- -~~-"- ~"""~ , -- " , " "--,,, """, -< 2005-241 1 SECOND AMENDMENT TO JOINT POWERS AGREEMENT CREATING THE BIG INDEPENDENT CITIES EXCESS POOL JOINT POWERS AUTHORITY 2 3 4 5 6 10 11 12 13 IN WITNESS WHEREOF, the undersigned, each of which is a Member of the Authority, have caused this Second Amendment to be executed as of the date first written above, to be effective on and after the effective date. APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH 7 8 By: By: It's: 9 APPROVED AS TO FORM: CITY OF OXNARD 14 By: By: It's: 15 16 17 APPROVED AS TO FORM AND LEGAL CONTENT: JAMES F. PENMAN, City Attorney Br?-.f~ CITY OF SAN BERNARDINO Judith Valles, Mayor 18 19 20 By: Mayor 21 22 23 24 25 -4- -~~'~~'~'T"'~~~'~""'~"'~~""'c:::J~'.''f''''j''W'''''''''''i .... ~ ". .....,,'"w . ~....,,'~., '." .~.". '" ~"'.. w 2005-241 1 SECOND AMENDMENT TO JOINT POWERS AGREEMENT CREATING THE BIG INDEPENDENT CITIES EXCESS POOL JOINT POWERS AUTHORITY 2 3 APPROVED AS TO FORM: CITY OF SANTA ANA By: By: It's: APPROVED AS TO FORM: CITY OF WEST COVINA By: By: It's: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -5- ",- H 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . -~" '"._.~_,~~_n_" ~-"""'-'r-'r' ~~.- 2005-241 _._.~-- EXHIBIT B FOURTH AMENDMENT TO LIABILITY RISK COVERAGE AGREEMENT THIS FOURTH AMENDMENT TO LIABILITY RISK COVERAGE AGREEMENT dated for reference purposes as of June 14,2005 (this "Fourth Amendment"), by and among the BIG INDEPENDENT CITIES EXCESS POOL JOINT POWERS AUTHORITY, ajoint exercise of powers agency duly organized and existing under the laws of the State of California (the "State"), including, without limitation. Section 6500 et seq. of the Government Code of the State (the "Authority"), and the CITY OF HUNTINGTON BEACH ("Huntington Beach"), the CITY OF OXNARD ("Oxnard"), the CITY OF SAN BERNARDINO ("San Bemardino"), the CITY OF SANTA ANA ("Santa Ana"), and the CITY OF WEST COVINA ("West Covina"), each a municipal corporation duly organized and existing under the Constitution and laws of the State, amends the Liability Risk Coverage Agreement dated as of October 1, 1988 (the "Origins Agreement"), by and among the Authority and Huntington Beach, Oxnard, San Bernardino, Santa Ana, and the CITY OF POMONA ("Pomona"), a municipal corporation duly organized and existing under the Constitution and laws of the State, as amended by the First Amendment to Liability Risk Coverage Agreement dated as of December 1, 1988 (the "First Amendment"), by and among the Authority and Huntington Beach, Oxnard, San Bernardino, Santa Ana, and Pomona, and by Resolution No. 95-1, adopted by the Board of Directors of the Authority on November 25, 1995 (the "Second Amendment"), as amended by the Third Amendment to Liability Risk Coverage Agreement, dated November 1,2003 (the "Third Amendment") (the Original Agreement, as amended by the First Amendment, the Second Amendment, and the Third Amendment, is referred to herein as the "Agreement"). All capitalized terms used but not defined herein shall have the respective meanings assigned to such terms in the Agreement. RECITALS: WHEREAS, the participants in the Authority desire to expand the eligibility for participation to allow any public agency, as defined in Section 6500 of the Joint Powers Law, to join the Authority; and WHEREAS, Section 6.1 of the Agreement sets forth the conditions under which the Authority may admit and provide Coverage to a new Participant that is not currently a Participant under the Agreement; and WHEREAS, in connection with the admission of a new participant, certain provisions of the Agreement and the Exhibits thereto are required to be amended, supplemented, or waived, as applicable; and WHEREAS, Section 9.3 of the Agreement sets forth the conditions under which and the procedures pursuant to which the Agreement may be amended; and WHEREAS, each of the Authority, Huntington Beach, Oxnard, San Bernardino, Santa Ana, and West Covina desire to amend the Agreement in accordance with Section 9.3 and waive certain other provisions of the Agreement, all as further set forth herein; -1- . . - . _.-- ,-.-- 2005-241 1 FOURTH AMENDMENT TO LIABILITY RISK COVERAGE AGREEMENT 2 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 agree at follows: 3 4 1. Amendment of Definition of "ParticiDant". The Agreement is hereby amended to 5 revise to the definition of "Participant" as provided in Article I, Definitions and Exhibits, to read as follows: 6 7 "ParticiDant" means any public agency, as the term "public agency" is defined by Section 6500 of the Joint Powers Law, which includes, but is not limited to, any federal, state, county, city, public corporation, public district of this state or another state, or any joint powers authority formed pursuant to the Joint Powers Law by any of these agencies, which is a party to this Agreement, as this Agreement may be amended from time to time." - 8 9 10 2. Admission of a New Participant. The Agreement is hereby amended to revise the conditions for eligibility for Coverage as provided in Section 6.l(a) of the Agreement to read as follows: 11 12 "(a) such new Participant shall be a public agency or ajoint powers authority comprised of such public agencies, and a member of the Authority." 13 14 3. Effective Date of this Fourth Amendment. This Fourth Amendment shall become effective immediately after the last to occur of the following (the "Effective Date"): (i) two- thirds (2/3rds) consent of the Participants, the cities of Huntington Beach, Oxnard, San Bernardino, Santa Ana, and West Covina, and two-thirds (213rds) of the Governing Board of the Authority have approved and consented to the form and execution of this Fourth Amendment, and (ii) this Fourth Amendment has been executed and delivered by all of the parties hereto. 15 16 17 18 4. Incorooration of Terms: Reaffirmation of A2J'eement. From and after the Effective Date, (a) all references to the "Agreement" shall mean and include the Original Agreement, as amended by the First Amendment, the Second Amendment, Third Amendment and this Fourth Amendment, and (b) all references to "Participant" or "Participants" shall mean and include each or all, as applicable, of Huntington Beach, Oxnard, San Bernardino, Santa Ana, and West Covina and any public agency as defined by Section 6500 of the Joint Powers Law that is admitted to the Authority. Each of the Authority, Huntington Beach, Oxnard, San Bernardino, Santa Ana, and West Covina hereby reaffirms each of the provisions of the Agreement and confirms that, as so amended, the Agreement is and remains in full force and effect for the term thereof and is binding upon the parties hereto and their respective successors or assigns (but only to the extent, if any, permitted under the Agreement). 19 20 21 22 23 24 5. Resolution ofConflictin2 Provisions. If any terms of this Fourth Amendment conflict with terms of the Agreement that have not been explicitly amended or waived by this Fourth Amendment, the terms of this Fourth Amendment shall control and the applicable terms 25 -2- '. .,~.- 2005-241 1 FOURTH AMENDMENT TO LIABILITY RISK COVERAGE AGREEMENT 2 of the Agreement shall be deemed to have been amended or waived to conform to the terms hereof. 3 4 6. Severability. In the event any provision of this Fourth 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. 5 6 7. Applicable Law. This Fourth Amendment shall be governed by and construed solely in accordance with the laws of the State of California. 7 8. Captions. The captions or headings in this Fourth Amendment are for 8 convenience only and in no way define, limit, or describe the scope or intent of any terms, provisions, or sections of this Fourth Amendment. 9 9. Execution in Counte11>arts, This Fourth Amendment may be executed in several 10 counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. 11 12 IN WITNESS WHEREOF, the undersigned have caused this Fourth Amendment to be executed as of the date first written above, to be effective on and after the Effective Date. 13 BIG INDEPENDENT CITIES EXCESS POOL JOINT POWERS AUTHORITY By: 14 APPROVED AS TO FORM: By: APPROVED AS TO FORM: By: CITY OF HUNTINGTON BEACH By: 15 16 17 18 APPROVED AS TO FORM: CITY OF OXNARD 19 By: 20 APPROVED AS TO FORM.AND LEGAL CONTE T: J SF. PENMAN, 21 By: City Attorney 22 23 By: 24 APPROVED AS TO FORM: CITY OF WEST COVINA 25 By: By: . -3- ,... RESOLUTION NO. 2005-241 07/28/05 Per Mark Andres of Risk Management, this document will not be executed by all cities collectively on one document. Each City will obtain Council approval by their own City and will obtain signatures for their own agreements. Eileen C. Gomez Senior Secretary r \ .