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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
Linn Livingston
Subject: Resolution of the City of San
Bernardino amending the Liability
Risk Coverage Agreement and the
Joint Powers Agreement creating the
Big Independent Cities Excess Pool
(BICEP) Joint Powers Authority
approving the prepayment of Basic
Premium and authorizing, ratifying,
and approving certain other
documents and actions in connection
therewith
MICC Meeting Date: Nov. 17,2003
Dept:
Human Resources
Date:
November 6, 2003
QR\G\NAl
Synopsis of Previous Council Action:
On March 28, 1988, the Mayor and Common Council a Resolution of the City of San
Bernardino approving and authorizing execution and delivery of a Joint Powers
Agreement creating the Big Independent Cities Excess Pool (BICEP) Joint Powers
Authority, authorizing the execution and delivery of a liability risk coverage agreement
and the filing of a validation proceeding and certain other actions in connection
therewith.
Recommended Motion:
Adopt resolution.
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Sianature
Contact person:
Linn Livinaston
Phone:
384-5161
Supporting data attached:
Ward:
YP'f',
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
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Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Resolution of the City of San Bernardino amending the liability risk coverage agreement and the
Joint Powers Agreernent creating the Big Independent Cities Excess Pool (BICEP) Joint Powers
Authority approving the prepayment of basic prernium and authorizing, ratifYing, and approving
certain other documents and actions in connection therewith.
Backeround:
On March 28, 1988, the Mayor and Common Council adopted a Resolution approving and
authorizing execution and delivery of a Joint Powers Agreernent creating the Big Independent
Cities Excess Pool (BICEP) Joint Powers Authority, authorizing the execution and delivery of a
liability risk coverage agreement and the filing of a validation proceeding and certain other
actions in connection therewith. The aforementioned authorized the Cities of Huntington Beach,
Oxnard, Pomona, San Bernardino, and Santa Ana to enter into the Liability Risk Coverage
Agreement dated October 1,1988.
This Memorandum of Coverage is similar to a liability insurance policy offered by commercial
insurers. Excess liability insurance is purchased from the commercial market when it makes
economic sense to do so. Currently, a $22 million excess insurance program is purchased to
respond to liability claims that exceed a city's $1 million deductible, with BICEP members risk
sharing the first layer from $1 million to $2 million. The remaining $22 million coverage is
provided by commercial insurance.
Earlier this year, the City of Pomona elected to withdraw from BICEP and join another insurance
pool. About the same time the City of West Covina expressed an interest in joining BICEP. This
action will expel the City of Pomona as a participant under the current Agreement effective as of
August 18, 2003, and admit the City of West Covina as a new participant under the Agreement.
The City of San Bernardino proposes to enter into a Third Agreement to Liability Risk Coverage
Agreement (See Exhibit A) by and among the Authority of the Cities of Huntington Beach,
Oxnard, San Bernardino, Santa Ana, and West Covina, to provide for, among other things, the
admission of West Covina as a new Participant under the Agreement and to become a member of
the Joint Powers Agreement creating the Big Independent Cities Excess Pool Joint Powers
Authority. The City proposes to enter into a First Amendment to Joint Powers Agreement
creating the Big Independent Cities Excess Pool Joint Powers Authority. This Agreement
permits all participants to exercise the option to prepay the Basic Premium (See Exhibit B) of all
participants pursuant to Section 11.1 or 11.3 of the Agreement.
On October 23,2003, Resolution No. 2003-3 (See Exhibit C) of the BICEP Board was adopted
approving the prepayment of Basic Premium by the participants, pending approval of this action.
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On October 23, 2003, Resolution No. 2003-3 (See Exhibit C) of the BICEP Board was adopted
approving the prepayment of Basic Premium by the participants, pending approval of this action.
Financial Impact:
There is no financial impact to the General Fund for this action.
Recommendation:
Adopt Resolution.
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RESOLUTION NO.
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, APPROVING THE
PREP A YMENT OF BASIC PREMIUM, AND AUTHORIZING, RATIFYING, AND
APPROVING CERTAIN OTHER DOCUMENTS AND ACTIONS IN CONNECTION
THEREWITH
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
WHEREAS, the Cities of Huntington Beach, Oxnard, Pomona, San Bernardino, and
Santa Ana formed the Big Independent Cities Excess Pool Joint Powers Authority, ajoint
exercise of powers entity organized and existing under the laws of the State of California (the
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14 WHEREAS, the Authority and the Cities of Huntington Beach, Oxnard, Pomona, San
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Bernardino, and Santa Ana entered into the Liability Risk Coverage Agreement dated as of
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October I, 1988 (the "Original Agreement"), as amended by the First Amendment to Liability
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Risk Coverage Agreement dated as of December I, 1988 (the "First Amendment"), by and
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among the Authority and the Cities of Huntington Beach, Oxnard, Pomona, San Bernardino, and
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Santa Ana, and by Resolution No. 95-1, adopted by the Board of Directors of the Authority (the
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"Board") on November 25, 1995 (the "Second Amendment") (the Original Agreement, as
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amended by the First Amendment and the Second Amendment, is referred to herein as the
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"Agreement"); and
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WHEREAS, the City of Pomona ("Pomona") has been expelled from Coverage (as
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defined in the Agreement) as a Participant (as defined in the Agreement) under the Agreement,
effective as of August 18,2003; and
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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, APPROVING THE PREPAYMENT OF BASIC PREMIUM,
AND AUTHORIZING, RATIFYING, AND APPROVING CERTAIN OTHER DOCUMENTS
AND ACTIONS IN CONNECTION THEREWITH
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WHEREAS, the City has been infonned that the City of West Covina ("West Cavina")
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has delivered to the Authority an application to be admitted as a new Participant; and
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WHEREAS, in connection with the admission of West Covina as a new Participant and
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the expulsion of Pomona from Coverage as a Participant under the Agreement, certain provisions
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of the Agreement and the exhibits thereto are required to be amended, supplemented, or waived,
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as applicable; and
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WHEREAS, the City proposes to enter into a Third Amendment to Liability Risk
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Coverage Agreement (the "Third Amendment") by and among the Authority and the Cities of
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Huntington Beach, Oxnard, San Bernardino, Santa Ana, and West Covina, to provide for, among
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other things, the admission of West Covina as a new Participant; and
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WHEREAS, in connection with the admission of West Covina as a new Participant, West
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Covina is required under the Agreement, among other things, to become a member of the
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Authority under the Joint Powers Agreement Creating the Big Independent Cities Excess Pool
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Joint Powers Authority (the "JPA Agreement"), executed by each of the Cities of Huntington
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Beach, Oxnard, Pomona, San Bernardino, and Santa Ana in September 1998; and
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WHEREAS, in connection with the expulsion of Pomona from Coverage as a Participant
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under the Agreement, Pomona shall be deemed under Article 17 of the JP A Agreement to have
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withdrawn from the JP A Agreement and shall no longer be a party to the JP A Agreement; and
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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, APPROVING THE PREPAYMENT OF BASIC PREMIUM,
AND AUTHORIZING, RATIFYING, AND APPROVING CERTAIN OTHER DOCUMENTS
AND ACTIONS IN CONNECTION THEREWITH
WHEREAS, in connection with the admission of West Covina as a member of the
Authority and the withdrawal of Pomona as a member of the Authority, certain provisions of the
JP A Agreement are required to be amended or supplemented, as applicable; and
WHEREAS, the City proposes to enter into a First Amendment to Joint Powers
Agreement Creating the Big Independent Cities Excess Pool Joint Powers Authority (the "JPA
Amendment") by and among the Cities of Huntington Beach, Oxnard, San Bernardino, Santa
Ana, and West Covina, to provide for, among other things, the admission of West Covina as a
member ofthe Authority and the acknowledgement of the withdrawal of Pomona as a member 0
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the Authority; and
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WHEREAS, Section I 1.2 of the Agreement permits all Participants (i.e., the Cities of
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Huntington Beach, Oxnard, San Bernardino, and Santa Ana), with at least two-thirds approval of
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the members of the Board, to exercise as a group the option to prepay the Basic Premium (as
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defined in the Agreement) of all Participants pursuant to Section 11.1 or 11.3 of the Agreement,
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as applicable, in the manner and upon the terms set forth in such applicable section; and
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WHEREAS, the City desires to approve the prepayment of its Basic Premium, subject to
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the conditions set forth herein; and
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WHEREAS, the City desires to approve, ratify, and confirm in all respects all previous
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actions taken by the City or any member of this City Council of this City (the "City Council") 0
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO
AMENDING THE LIABILITY RlSK COVERAGE AGREEMENT AND THE JOINT
POWERS AGREEMENT CREATING THE BIG INDEPENDENT CITIES EXCESS POOL
JOINT POWERS AUTHORlTY, APPROVING THE PREP A YMENT OF BASIC PREMIUM,
AND AUTHORIZING, RATIFYING, AND APPROVING CERTAIN OTHER DOCUMENTS
AND ACTIONS IN CONNECTION THEREWITH
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 and the consummation of the foregoing recitals:
(a) the Third Amendment; and
(b) the JP A Amendment;
NOW, THEREFORE, the City Council of the City of San Bernardino does hereby find,
determine, resolve and order as follows:
SECTION I. The foregoing recitals, and each of them, are true and correct.
SECTION 2. The Third Amendment is approved in substantially the form presented at
this meeting. Each of the Mayor of the City (the "Mayor") and the Vice-Mayor of the City (the
"Vice-Mayor"), acting alone, is hereby authorized and directed, for and in the name of the City,
to execute and deliver the Third Amendment with such changes, insertions, and omissions as
such officer or the Risk Manager shall require or approve, such approval to be conclusively
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evidenced by the execution and delivery thereof.
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SECTION 3. The JP A Amendment is approved in substantially the form presented at
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this meeting. Each of the Mayor and the Vice Mayor, acting alone, is hereby authorized and
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directed, for and in the name of the City, to execute and deliver the JPA Amendment with such
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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, APPROVING THE PREPAYMENT OF BASIC PREMIUM,
AND AUTHORIZING, RATIFYING, AND APPROVING CERTAIN OTHER DOCUMENTS
AND ACTIONS IN CONNECTION THEREWITH
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changes, insertions, and omissions as such officer or the Risk Manager shall require or approve,
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such approval to be conclusively evidenced by the execution and delivery thereof.
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SECTION 4. The option to prepay all of the City's Basic Premium at any time pursuant
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to Section I 1.2 of the Agreement is approved, without further action by this City Council;
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provided that all of the following conditions are satisfied: (a) all Participants (i.e., the Cities of
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Huntington Beach, Oxnard, San Bernardino, and Santa Ana) shall have approved such option to
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prepay, so that such option shall be exercised by all such Participants as a group; (b) at least two-
13 thirds of the members of the Board shall have so approved the exercise of such option to prepay
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all Basic Premium; (c) Undesignated Reserves (as defined in the Agreement) in the Claims
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Payment Fund (as defined in the Agreement), moneys in the Debt Service Reserve Fund (as
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defined in the Agreement), or any other lawfully available moneys shall be used for such
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prepayment; and (d) notwithstanding the last paragraph of Section 11.2 of the Agreement, the
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majority of the Participant members of the Board shall have determined that the Authority's
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pooled self-insurance program shall not terminate by virtue of such prepayment of Basic
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Premium. The Board shall determine the time that any such optional prepayment of Basic
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Premium shall be made under Section I 1.2 of the Agreement and whether any such optional
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prepayment shall be exercised pursuant to Section I I. I or I 1.3 of the Agreement, in the manner
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and upon the terms set forth in such applicable section.
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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, APPROVING THE PREPAYMENT OF BASIC PREMIUM,
AND AUTHORIZING, RATIFYING, AND APPROVING CERTAIN OTHER DOCUMENTS
AND ACTIONS IN CONNECTION THEREWITH
SECTION 5. The Mayor, the Vice Mayor, the Risk Manager, 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, and to execute and deliver any and all certificates, representations, opinion
letters, and other documents necessary or desirable to accomplish the transactions described in
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such documents or herein.
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SECTION 6. Any document, the execution of which by the Mayor, the Vice Mayor, the
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Risk Manager, the City Clerk, the City Attorney, or any other proper officer of the City is
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authorized by this Resolution, shall, in the absence or inability to act of such officer, be executed
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by any authorized designee of such officer, such authorization to be given in writing.
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SECTION 7. All actions previously taken by this City Council and by the officers and
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staff of the City with respect to the matters addressed by this Resolution are hereby approved,
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ratified, and confirmed in all respects, including, without limitation, all actions necessary or
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desirable to provide for Coverage for West Covina, effective as of July 1,2003.
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SECTION 8. This Resolution shall take effect from and after its date of adoption.
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BERNARDIN
AMENDING THE LIABILITY RlSK COVERAGE AGREEMENT AND THE JOIN
POWERS AGREEMENT CREATING THE BIG INDEPENDENT CITIES EXCESS POO
JOINT POWERS AUTHORITY, APPROVING THE PREPAYMENT OF BASIC PREMIUM
AND AUTHORlZING, RATIFYING, AND APPROVING CERTAIN OTHER DOCUMENT
AND ACTIONS IN CONNECTION THEREWITH
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Commo
6 Council of the City of San Bernardino at a meeting thereof, held on th
7 day of ,2003, by the following vote, to wit:
Rachel G. Clark, City Clerk
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The foregoing resolution IS hereby approved this
,2003.
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Judith Valles, Mayor
City of San Bernardino
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Q.XH(b IT /+
THIRD AMENDMENT TO
LIABILITY RISK COVERAGE AGREEMENT
THIS THIRD AMENDMENT TO LIABILITY RISK COVERAGE AGREEMENT dated
for reference purposes as of November I, 2003 (this "Third 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 Cali fomi a (the
"State"), including, without limitation, Section 6500 et seq. ofthe 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 Bernardino"), the CITY
OF SANTA ANA ("Santa Ana"), and the CITY OF WEST COVINA ("West Covin a"), 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 I, 1988 (the "Original
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 I, 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") (the Original Agreement, as amended by the
First Amendment and the Second 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, Pomona has been expelled from Coverage as a Participant under the
Agreement, effective as of August 18, 2003; and
WHEREAS, West Covina, a municipal corporation having a population of at least
100,000, has delivered to the Authority an application to be admitted as a new Participant under
the Agreement; 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 West Covina as 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
Third Amendment to LRCA
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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;
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:
1. Amendment of Exhibits. The Agreement is hereby amended by adding the
following Exhibits in substitution for the corresponding Exhibits attached to the Agreement:
Exhibit A: Schedule of Basic Premium Payments
Exhibit B: Allocable Proportion for each Participant
Exhibit I: Notice Addresses
2. Admission of West Covina as a New Particioant. West Covina is hereby admitted
as a Participant, effective as of the Effective Date (as defined in Section 5 hereof); provided,
however, that the Authority shall provide Coverage to West Covina, effective retroactively as of
July I, 2003. In connection with the foregoing:
(a) Solely in connection with the admission of West Covina as a Participant, each of
the Authority, Huntington Beach, Oxnard, San Bernardino, and Santa Ana hereby (i) waives the
provisions of subsection (a) of Section 6.1 of the Agreement pertaining to the date by which West
Covina is required to have become a member of the Authority and (ii) agrees that,
notwithstanding such subsection (a), such membership shall instead be effective on or before the
Effective Date.
(b) Solely in connection with the admission of West Covina as a Participant, each of
the Authority, Huntington Beach, Oxnard, San Bernardino, and Santa Ana hereby (i) waives the
provisions of subsection (b) of Section 6.1 of the Agreement pertaining to the date by which West
Covina is required to have provided to the Authority a completed application for admission and
(ii) agrees that, notwithstanding such subsection (b), such application shaH instead be provided on
or before the Effective Date.
(c) Solely in connection with the admission of West Covina as a Participant, each of
the Authority, Huntington Beach, Oxnard, San Bernardino, and Santa Ana hereby (i) waives the
provisions of subsection (c) of Section 6.1 of the Agreement pertaining to the date by which West
Covina is required to have approved an amendment to the Agreement pursuant to which West
Covina shall become subject to all ofthe terms thereof as a Participant and (ii) agrees that,
notwithstanding such subsection (c), such approval by West Covina may instead be provided on
any date on or prior to the Effective Date.
(d) Solely in connection with the admission of West Covina as a Participant, each of
the Authority, Huntington Beach, Oxnard, San Bernardino, and Santa Ana hereby (i) waives the
provisions of subsection (d) of Section 6.\ of the Agreement pertaining to the first date of the
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Coverage Period for West Covina and (ii) agrees that, notwithstanding such subsection (d), such
Coverage Period shall instead commence retroactively as of July I, 2003.
(e) Solely in connection with the admission of West Covina as a Participant, each of
the Authority, Huntington Beach, Oxnard, San Bernardino, and Santa Ana hereby (i) waives the
provisions of subsection (e) of Section 6.1 of the Agreement pertaining to the date by which the
Authority's Governing Board shall have approved the admission of West Covina as a Participant
and (ii) agrees that, notwithstanding such subsection (e), such approval by the Authority's
Governing Board may instead be provided on any date on or prior to the Effective Date.
3. Selected Premium Payments Pavable bv West Covina. In connection with its
admission as a new Participant, West Covina shall be liable for the payment of8.61 % of the total
Administrative Premium and 8.61 % of the total Pure Premium payable on the Basic Premium
Payment Date with respect to fiscal year 2003-04. West Covina shall be liable for the payment of
a portion of the total Administrative Premium and the total Pure Premium in future fiscal years,
and shall be assessed, credited, or refunded Pure Premium Adjustments, in accordance with and
as provided in the Agreement or other procedures or policies of the Authority.
West Covina and each of the other Participants shall be deemed to have an Allocable
Proportion for purposes of determining amounts to be allocated or distributed pursuant to
Article V of the Agreement. Each Participant's (including West Covina's) Allocable Proportion
for such purposes shall be the average of the Pure Premium Proportion determined by the Actuary
for each Participant for each Coverage Period that such Participant received Coverage under the
Agreement.
4.
as follows:
Notices. Section 12.\ of the Agreement is hereby amended in its entirety to read
Notices. All approvals, authorizations, consents, demands, designations, notices,
offers, requests, statements, or other communications hereunder (each, a "Notice")
from any party hereto to any other party shall be in writing and shall be deemed
sufficiently given and served upon the other party, if delivered via hand delivery,
as of the date and time ofreceipt of such delivery, or, ifmailed, three days after
deposit in the United States mail as first-class mail, postage prepaid, at the
addresses set forth in Exhibit I hereto. Each party, by Notice given hereunder, may
designate an address to which subsequent Notices shall be sent.
5. Effective Date of this Third Amendment. Notwithstanding the first sentence of the
penultimate paragraph of Section 9.3 ofthe Agreement, this Third Amendment shall become
effective immediately after the last to occur of the following (the "Effective Date"): (i) each of
Huntington Beach, Oxnard, San Bernardino, Santa Ana, and West Covina, and all members of the
Governing Board of the Authority have approved and consented to the form and execution of this
Third Amendment, (ii) this Third Amendment has been executed and delivered by all of the
parties hereto, (iii) counsel for each of Huntington Beach, Oxnard, San Bernardino, Santa Ana,
and West Covina has delivered an opinion substantially in the form of Appendix I attached
hereto, (iv) counsel for the Authority has delivered an opinion substantially in the form of
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Appendix II attached hereto, (v) all of the conditions set forth in Section 6.1 of the Agreement, as
amended or waived, as applicable, by this Third Amendment, have been satisfied; (vi) Bond
Counsel has delivered an opinion in form and substance as required under Section 9.3 of the
Agreement, (vii) an Actuary has delivered a certificate in form and substance as required under
Section 9.3 of the Agreement, and (viii) West Covina shall have become a member of the
Authority.
6. Costs and Expenses. In accordance with the last sentence of the penultimate
paragraph of Section 9.3 of the Agreement, all costs, fees, and expenses incurred in connection
with this Third Amendment shall be borne pro rata by Huntington Beach, Oxnard, San
Bernardino, Santa Ana, and West Covina.
7. Incorporation of Terms; Reaffirmation of Agreement. 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, and this Third 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. 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).
8. Resolution of Conflicting Provisions. If any terms of this Third Amendment
conflict with terms of the Agreement that have not been explicitly amended or waived by this
Third Amendment, the terms of this Third 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.
9. Severability. In the event any provision of this Third 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.
10. Applicable Law. This Third Amendment shall be governed by and construed
solely in accordance with the laws of the State of California.
II. Captions. The captions or headings in this Third 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 Third Amendment.
12. Execution in Counterparts. This Third 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.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
Third Amendment to LRCA
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tit By:
APPROVED AS TO F
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IN WITNESS WHEREOF, the undersigned have caused this Third Amendment to be
executed as of the date first written above, to be effective on and after the Effective Date.
APPROVED AS TO FORM:
BIG INDEPENDENT CITIES EXCESS POOL
JOINT POWERS AUTHORITY
By:
By:
APPROVED AS TO FORM:
CITY OF HUNTINGTON BEACH
By:
By:
APPROVED AS TO FORM:
CITY OF OXNARD
By:
By:
CITY OF SAN BERNARDINO
By:
CITY OF SANTA ANA
By:
By:
APPROVED AS TO FORM:
CITY OF WEST COVINA
By:
By:
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APPENDIX I
FORM OF OPINION OF CITY ATTORNEY
[LETTERHEAD OF CITY ATTORNEY]
Big Independent Cities Excess Pool Joint Powers Authority
c/o Ken Spiker and Associates, Inc.
1100 South Flower Street, Suite 2100
Los Angeles, CA 90015-2115
Pillsbury Winthrop LLP
10100 Santa Monica Boulevard, 23rd Floor
Los Angeles, CA 90067
Re: Third Amendment to Liability Risk Coverage Agreement
Ladies and Gentlemen:
I am City Attorney for the City of (the "City"). This opinion is provided
pursuant to Section 5 of that certain Third Amendment to Liability Risk Coverage Agreement,
dated as of November 1,2003 (the "Third Amendment"), by and among the Big Independent
Cities Excess Pool Joint Powers Authority, the City of Huntington Beach, the City of Oxnard,
the City of San Bernardino, the City of Santa Ana, and the City of West Covina. Capitalized
terms used herein and not otherwise defined shall have the meanings ascribed to them in the
Third Amendment.
(I) The City is duly organized and validly existing as a [charter/general law]
city under and by virtue of the laws of the State of California.
(2) The resolution adopted by the City Council of the City (the "City
Council") approving the execution and delivery of the Third Amendment was duly adopted at a
meeting of the City Council that was called and held pursuant to law and with all public notice
required by law and at which a quorum was present and acting throughout; and such resolution is
in full force and effect and has not been modified, amended, or rescinded as of the date hereof.
(4) The City has full right and lawful authority to execute and deliver the
Third Amendment; the Third Amendment has been duly authorized, executed, and delivered by
the City; and the Third Amendment is the legal, valid, and binding obligation of the City
enforceable in accordance with its terms, except as such enforcement may be limited by
bankruptcy, insolvency, reorganization, moratorium, and other similar laws relating to or
limiting creditors' rights generally and by the principles of equity if equitable remedies are
sought.
(5) The execution and delivery of the Third Amendment and compliance by
the City with the provisions thereof, under the circumstances contemplated thereby, does not and
will not in any material respect conflict with or constitute on the part of the City a breach of or
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default under any agreement or other instrument applicable to or binding upon the City, or any
existing law, regulation, court order, or consent decree to which the City is subject.
(6) There is no action, suit, proceeding, or investigation before or by any
court, public board, or body pending with respect to which the City has been served with process
or, to my knowledge, threatened, wherein an unfavorable decision, ruling, or finding would:
(a) affect the creation, organization, existence, or powers of the City or the titles of their
respective officers or the City Council members to their respective offices; (b) in any way
question or affect the validity or enforceability of the Third Amendment; or (c) in any way
question or affect the transactions contemplated by the Third Amendment.
Respectfully submitted,
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APPENDIX II
FORM OF OPINION OF AUTHORITY COUNSEL
[LETTERHEAD OF COUNSEL]
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
City of Oxnard
305 West Third Street
Oxnard, CA 93030
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
City of West Covina
1444 West Garvey Avenue
West Covina, CA 91790
Pillsbury Winthrop LLP
10100 Santa Monica Boulevard, 23'd Floor
Los Angeles, CA 90067
Re: Third Amendment to Liability Risk Coverage Agreement
Ladies and Gentlemen:
I am special counsel to the Big Independent Cities Excess Pool Joint Powers
Authority (the "Authority"). This opinion is provided pursuant to Section 5 of that certain Third
Amendment to Liability Risk Coverage Agreement, dated as of November I, 2003 (the "Third
Amendment"), by and among the Authority, the City of Huntington Beach, the City of Oxnard,
the City of San Bernardino, the City of Santa Ana, and the City of West Covina. Capitalized
terms used herein and not otherwise defined shall have the meanings ascribed to them in the
Third Amendment.
(1) The Authority is ajoint exercise of powers agency duly organized and
existing under the laws of the State of California, including, without limitation, Section 6500 et
seq. of the Government Code of the State of California.
(2) The resolution adopted by the Governing Board of the Authority (the
"Governing Board") approving the execution and delivery of the Third Amendment was duly
adopted at a meeting of the Governing Board that was called and held pursuant to law and with
all public notice required by law and at which a quorum was present and acting throughout; and
such resolution is in full force and effect and has not been modified, amended, or rescinded as of
the date hereof.
(4) The Authority has full right and lawful authority to execute and deliver the
Third Amendment; the Third Amendment has been duly authorized, executed, and delivered by
the Authority; and the Third Amendment is the legal, valid, and binding obligation of the
Authority enforceable in accordance with its terms, except as such enforcement may be limited
by bankruptcy, insolvency, reorganization, moratorium, and other similar laws relating to or
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limiting creditors' rights generally and by the principles of equity if equitable remedies are
sought.
(5) The execution and delivery of the Third Amendment and compliance by
the Authority with the provisions thereof, under the circumstances contemplated thereby, does
not and will not in any material respect conflict with or constitute on the part of the Authority a
breach of or default under any agreement or other instrument applicable to or binding upon the
Authority, or any existing law, regulation, court order, or consent decree to which the Authority
is subj ect.
(6) There is no action, suit, proceeding, or investigation before or by any
court, public board, or body pending with respect to which the Authority has been served with
process or, to my knowledge, threatened, wherein an unfavorable decision, ruling, or finding
would: (a) affect the creation, organization, existence, or powers of the Authority or the titles of
their respective officers or the Governing Board members to their respective offices; (b) in any
way question or affect the validity or enforceability of the Third Amendment; or (c) in any way
question or affect the transactions contemplated by the Third Amendment.
Respectfully submitted,
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EXHIBIT A
SCHEDULE OF BASIC PREMIUM PAYMENTS
Period Eodio!! Princioal Interest Rate Interest Total Debt Service Annual Debt Senrice
March I, 2004 $ 865,000.00 6.100% $ 189,299.96 $1,054,299.96 $1,054,299.96
September 1. 2004 163,975.00 163,975.00
March I, 2005 925,000.00 6.300 163,975.00 1,088,975.00 1,252,950.00
September 1, 2005 134,837.50 134,837.50
March 1, 2006 980,000.00 6.400 134,837.50 1,114,837.50 1,249,675.00
September I, 2006 103,477.50 103,477.50
March I, 2007 1,045,000.00 6.400 103,477.50 1,148,477.50 1,251,955.00
September 1, 2007 70,037.50 70,037.50
March 1, 2008 1,105,000.00 6.500 70,037.50 1,175,037.50 1,245,075.00
September 1, 2008 34,125.00 34,125.00
March I, 2009 1.050.000.00 6.500 34.125.00 1.084125.00 1.118.250.00
Total 5,970,000.00 51,202,204.96 57,172,204.96 57,172,204.96
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EXHIBIT B
ALLOCABLE PROPORTION FOR EACH PARTICIPANT
City of Huntington Beach 24.80%
City of Oxnard 18.08%
City of San Bernardino 22.09%
Citv of Santa Ana 35.03%
Notwithstanding the foregoing table, the Allocable Proportion of each of above Participants and
West Covina, for purposes of determining amounts to be allocated or distributed pursuant to
Article V of the Agreement, shall be determined as set forth in Section 3 of the Third
Amendment and in Article V of the Agreement.
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EXHIBIT I
NOTICE ADDRESSES
If to the Authority:
Big Independent Cities Excess Pool Joint Powers Authority
c/o Ken Spiker and Associates, Inc.
1100 South Flower Street, Suite 2100
Los Angeles, CA 90015-2115
Attention: General Manager
If to the Participants:
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attention: Risk Manager
City of Oxnard
305 West Third Street
Oxnard, CA 93030
Attention: Risk Manager
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Attention: Risk Manager
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
Attention: Risk Manager
City of West Covina
1444 West Garvey Avenue
West Covina, CA 91790
Attention: Risk Manager
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FIRST AMENDMENT TO
JOINT POWERS AGREEMENT
CREATING THE BIG INDEPENDENT CITIES EXCESS POOL
JOINT POWERS AUTHORITY
THIS FIRST AMENDMENT TO JOINT POWERS AGREEMENT CREATING THE
BIG INDEPENDENT CITIES EXCESS POOL JOINT POWERS AUTHORITY, dated as of
November I, 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 Ana"), and the
CITY OF WEST COVINA ("West Covin a"), each a municipal corporation duly organized and
existing under the Constitution and laws of the State of Cali fornia (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 Bernardino, Santa Ana, 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 I of the California Government
Code (Section 6500 et seq.) (the "Joint Powers Law") and the Agreement, Huntington Beach,
Oxnard, Pomona, San Bernardino, and Santa Ana formed the BIG INDEPENDENT CITIES
EXCESS POOL JOINT POWERS AUTHORITY (the "Authority") as joint exercise 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 I, 1988, by and among the Authority and Huntington Beach, Oxnard, San
Bernardino, Santa Ana, and Pomona, as amended by the First Amendment to Liability Risk
Coverage Agreement, dated as of December I, 1988, by and among the Authority and
Huntington Beach, Oxnard, San Bernardino, Santa Ana, and Pomona, as further amended 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 Third 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 ofthe 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
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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 Covin a 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 Bernardino, Santa Ana, 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. Admission of West Covin a 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 Bernardino
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
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Agreement, as amended by this First Amendment, and (b) all references to "Member" or
"Members" shall mean and include each or all, as applicable, of Huntington Beach, Oxnard, San
Bernardino, Santa Ana, and West Covina. 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).
5. Resolution of Conflicting Provisions. If any terms of this First Amendment
conflict with terms of the Agreement that have not been explicitly amended or waived by this
First Amendment, the terms of this First 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.
6. Severabilitv. In the 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.
II. State and Countv 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 Government Code Section
53051.
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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:
CITY OF HUNTINGTON BEACH
By:
By:
APPROVED AS TO FORM:
It's:
CITY OF OXNARD
By:
By:
It's:
CITY OF SAN BERNARDINO
By:
By:
It's:
CITY OF SANTA ANA
By:
By:
APPROVED AS TO FORM:
It's:
CITY OF WEST COVINA
By:
By:
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RESOLUTION NO. 2003-3
RESOLUTION OF THE BOARD OF DIRECTORS OF THE BIG
INDEPENDENT CITIES EXCESS POOL JOINT POWERS AUTHORITY
APPROVING THE PREP A YMENT OF BASIC PREMIUM AND
AUTHORIZING, RATIFYING, AND APPROVING CERTAIN OTHER
DOCUMENTS AND ACTIONS IN CONNECTION THEREWITH
WHEREAS, the Big Independent Cities Excess Pool Joint Powers Authority (the
"Authority") is a joint exercise of powers entity organized and existing under the laws of the
State of California, and was initially formed by the Cities of Huntington Beach, Oxnard,
Pomona, San Bernardino, and Santa Ana; and
WHEREAS, the Authority and the Cities of Huntington Beach, Oxnard, Pomona, San
Bernardino, and Santa Ana entered into the Liability Risk Coverage Agreement dated as of
October I, 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") (the Original Agreement, as amended by the
First Amendment and the Second Amendment, is referred to herein as the "Agreement"); and
WHEREAS, the City of Pomona has ceased to be a Participant (as defined in the
Agreement) under the Agreement; and
WHEREAS, Section 11.2 of the Agreement permits all Participants (i.e., the Cities of
Huntington Beach, Oxnard, San Bernardino, and Santa Ana), with at least two-thirds approval of
the members of the Board, to exercise as a group the option to prepay the Basic Premium (as
defined in the Agreement) of all Participants pursuant to Section 11.1 or 11.3 of the Agreement,
as applicable, in the manner and upon the terms set forth in such applicable section; and
WHEREAS, the Authority desires to approve the prepayment of the Basic Premium by
the Participants, subject to the conditions set forth herein; and
WHEREAS, the Authority desires to approve, ratify, and confirm in all respects all
previous actions taken by the Authority or any member of this Board of Directors of the
Authority (the "Board") with respect to the foregoing;
NOW, THEREFORE, the Board of Directors of the Big Independent Cities Excess Pool
Joint Powers Authority does hereby find, determine, resolve and order as follows:
SECTION I. The foregoing recitals, and each of them, are true and correct.
SECTION 2. The prepayment of the Basic Premium by all of the Participants pursuant to
Section 11.2 of the Agreement is approved, without further action by this Board; provided that
all of the following conditions are satisfied: (a) all Participants (i.e., the Cities of Huntington
Beach, Oxnard, San Bernardino, and Santa Ana) shall have approved such option to prepay, so
that such option shall be exercised by all such Participants as a group; and (b) Undesignated
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Reserves (as defined in the Agreement) in the Claims Payment Fund (as defined in the
Agreement), moneys in the Debt Service Reserve Fund (as defined in the Agreement), or any
other lawfully available moneys shall be used for such prepayment. The optional prepayment of
Basic Premium shall be made under Section 11.2 of the Agreement at the earliest practicable
date and shall be exercised pursuant to Section ILl or 11.3 of the Agreement, in the manner and
upon the terms set forth in such applicable section, as shall be determined by the President of the
Authority (the "President") or the Vice-President of the Authority (the "Vice President"),
acting alone, in consultation with the General Manager of the Authority (the "General
Manager").
SECTION 3. Notwithstanding the last paragraph of Section 11.2 of the Agreement, the
Authority's pooled self-insurance program shall not terminate by virtue of such prepayment of
Basic Premium.
SECTION 4. The President, the Vice President, the General Manager, the Secretary of
the Authority (the "Secretary"), and any other proper officer of the Authority 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 the documents referred to herein, and to execute and deliver any and all
certificates, representations, and other documents necessary or desirable to accomplish the
transactions described in such documents or herein.
SECTION 5. Any document, the execution of which by the President, the Vice
President, the General Manager, the Secretary, or any other proper officer of the Authority 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.
SECTION 6. All actions previously taken by this Board and by the officers and staff of
the Authority with respect to the matters addressed by this Resolution are hereby approved,
ratified, and confirmed in all respects.
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SECTION 7. This Resolution shall take effect from and after its date of adoption.
ADOPTED, SIGNED, AND APPROVED this 23'd day of October, 2003, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
President
Big Independent Cities Excess Pool
Joint Powers Authority
ATTEST:
Secretary
Big Independent Cities Excess Pool
Joint Powers Authority
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STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
I,
,Secretary of the Board of Directors of the Big Independent Cities Excess Pool
Joint Powers Authority, do hereby certify that the above and foregoing is a full, true and correct
copy of Resolution No. 2003-2 of said Board, that the same was duly and validly adopted on
October 23,2003, and that the same has not been amended or repealed.
DATED:
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Secretary
Big Independent Cities Excess Pool
Joint Powers Authority
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted):
1 HI--03
Item #
11\
Resolution #
Vote:
Ayes 1~1)
Nays
k::J
Abstain
if
'20Q3-;;D,
Absent ,A-
Change to motion to amend original documents:
Reso. # On Attachments: /
Contract term:
-
NulINoid After: -
Note on Resolution of Attachment stored separately: --=
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By:
Date Sent to Mayor:
1 '-I'tt~03
Il-<.O-O.3
l\-'ZO-~
Reso. Log Updated:
Seal Impressed:
.----
Date of Mayor's Signature:
Date of Clerk/CDC Signature:
./"
"
Date Memo/Letter e
ature:
See Attached:
See Attached:
See Attached:
Date Returned:
60 Day Reminder Letter Sent on 30
90 Day Reminder Letter Sent on 45th day:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes / No By
Yes No ..L By
Yes No /" By
Yes NO~BY
Yes No,--- By
Copies Distributed to:
City Attorney /'
Parks & Rec.
Code Compliance Dev. Services
Police Public Services Water
EDA
Others:
Finance
H.Q.
MIS
Notes:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: _
Date:
Revised 01112/01