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CITY COUNCIL AGENDA ITEM NO. 2

Meeting Date: January 25, 2005
Subject/Title: Adopt a resolution approving the revised Joint Powers Agreement pertaining to insurance coverage
Submitted by: Karen Diaz, City Clerk/Director of Administrative Services

Approved by: Karen Diaz, City Clerk/Director of Administrative Services

RECOMMENDATION
Adopt a resolution approving the revised Joint Powers Agreement pertaining to insurance coverage as approved by the Contra Costa County Municipal Risk Management Insurance Authority’s Board of Directors.

BACKGROUND
In the mid-1970’s the California legislature passed Government Code 6500 et. seq., enabling two or more public entities to form “joint powers authorities” (JPAs) to exercise powers common to all. It also enacted Government Code Sections 990.4 and 990.8, which allow public entities to jointly self-insure costs of tort liability, workers’ compensation, property and other risks.

The first risk management JPAs in California were established in 1977. By 2004 this number has grown to nearly 150. Contra Costa County Municipal Risk Management Insurance Authority was one of the pioneers in risk pooling, established by fourteen Contra Costa municipalities in 1977. The JPA Agreement was drafted by a consulting attorney and adopted by the Board. The Agreement was amended in 1997.

Just as there has been a continuing expansion in the number of risk management JPAs, there have been developments and refinements in the governing documents. The Authority’s staff, legal counsel and Board of Directors have spent the past nine months revising the JPA Agreement and Bylaws. Essentially we have moved the administrative and operational language contained in the JPA Agreement to the Bylaws. The revised Agreement more appropriately defines the governing structure of the Authority.

The Authority has evolved over its twenty-seven year history. This revised Agreement includes language that reflects those changes. Highlighted below are a number of issues addressed in these revised documents:

 The membership now includes both cities and towns. Eliminating Cities from the name more accurately reflects the current membership;

 The Authority now has members outside of Contra Costa County. Renaming the agency the Municipal Pooling Authority (MPA), reflects the current membership and allows for expansion where warranted;

 The current Agreement required members participate in the Liability Program. The revised language allows members to participate only in the Workers’ Compensation Program.
 The City of Concord litigated a coverage issue with the Authority. Their attorneys challenged language in the Agreement (e.g., the repeated use of the word “insurance”). The amended Agreement incorporates language favoring the application of risk pooling laws instead of traditional insurance law for legal interpretation.

In sum, the Authority’s Board diligently worked through several drafts of the Agreement and is satisfied these modifications properly reflect the intent and expectations of the member entities. Under Section 23, entitled “Amendment”, the Agreement may be amended by resolution of the governing bodies of two-thirds of the then participating members.

Attachments:
Proposed Resolution
JPA Agreement

RESOLUTION 2005-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE REVISED JOINT EXERCISE OF POWER AGREEMENT

WHEREAS, the City of Brentwood along with thirteen (13) other Contra Costa County municipalities established a joint exercise of powers agreement and entity in 1977 for the purpose of self-insuring costs and administration of tort liability, workers’ compensation, property insurance and other common risks; and

WHEREAS, said risk pooling entity was named the “Contra Costa County Municipal Risk Management Insurance Authority” (CCCMRMIA) and was one of the pioneers in the state of California for risk pooling purposes; and

WHEREAS, the CCCMRMIA Board of Directors, of which the City of Brentwood is one of now nineteen (19) members of this joint powers authority (JPA), has worked diligently through several drafts of the Joint Powers Agreement and Bylaws and is satisfied the proposed modifications properly reflect the intent and expectations of the member entities for this pooled risk authority; and

WHEREAS, the proposed amendments include renaming the authority as the “Municipal Pooling Authority” (MPA), allows members to participate in one or both of the primary pooled coverage programs of liability or workers’ compensation, and makes revisions that focus on the application of risk pooling laws rather than traditional insurance law; and

WHEREAS, as provided for in Section 30 – Amendment of the current 1997 Joint Powers Agreement, the Agreement may be amended from time to time by affirming resolution of the governing bodies of two-thirds of the current participating members.

NOW, THEREFORE, BE IT RESOLVED that the City Council of Brentwood, California does hereby approve and ratify the Municipal Pooling Authority Joint Exercise of Powers Agreement and Bylaws incorporated herein by reference, and does herewith authorize the Mayor of the City Council to sign the Agreement for and in behalf of the City of Brentwood.

PASSED, APPROVED AND ADOPTED by the City Council of Brentwood, California at a regular meeting thereof held the 25th day of January 2005 by the following vote:

MUNICIPAL POOLING AUTHORITY
JOINT EXERCISE OF POWERS AGREEMENT
FORPROVIDING PROPERTY, WORKERS’
COMPENSATION, PUBLIC LIABILITY AND
OTHER INSURANCE COVERAGES
JOINT EXERCISE OF POWERS AGREEMENT
FOR PROVIDING PROPERTY, WORKERS’ COMPENSATION,
PUBLIC LIABILITY AND OTHER INSURANCE COVERAGES
This Agreement is dated for convenience as of _______________________, 1997, and entered into between certain of the Public Entities within Contra Costa County, hereafter referred to as “Members,” and as identified in the Bylaws. comprised of the Cities of ANTIOCH, BRENTWOOD, CLAYTON, CONCORD, DANVILLE, EL CERRITO, HERCULES, LAFAYETTE, MANTECA, MARTINEZ, MORAGA, OAKLEY , ORINDA, PINOLE, PITTSBURG, PLEASANT HILL, RICHMOND, SAN PABLO, SAN RAMON and WALNUT CREEK.
RECITALS
This Agreement is predicated upon the following facts:
1. The Cities Members are municipal corporations public entities organized and operating under the laws of the State of California;
2. The following state laws, among others, authorize the Cities Members to enter into this Agreement;
a. Labor Code Section 3700(b) allowing a city public entity to fund its own workers’ compensation claims;
b. Government Code Section 990 permitting a city public entity to insure itself against tort or inverse condemnation liability and to insure any employee of a city public entity against all or any part of his liability for injury resulting from an act or omission in the scope of his employment;
c. Government Code Section 990.4 permitting a city public entity to provide insurance and self-insurance in any desired combination;
d. Government Code Section 990.8 permitting two or more cities public entities to enter into an agreement to jointly fund such expenditures under the authority of Government Code Sections 6500-6515;
e. Government Code Sections 6500-6515 permitting two or more cities public entities to jointly exercise under an agreement any power which is common to each of them.
3. Each of the Cities Members desires to enter into an agreement with each of the others for the purpose of insuring against various risks jointly, rather than individually.
4. After obtaining studies and recommendations each City Member has determined that it is economically practical and for its public benefit and in its interest to do so.
4. Pursuant to Government Code Section 6508.1, the debts, liabilities and obligations of this Authority shall not constitute debts, liabilities, or obligations of the member Cities Members.
5.5 The Authority was originally formed by a Joint Powers Agreement in 1977. Since that time the Agreement has been amended several times and Cities Members have withdrawn from and new Cities Members have been added to the Authority. For convenience, the signatories have resolved to readopt and reaffirm all the provisions of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual benefits, covenants and agreements set forth herein, the parties agree as follows:
SECTION 1. Authority and Purpose. This Agreement is made under the authority of Government Code Sections 6500-6515 between the following Cities Members:
ANTIOCH, BRENTWOOD, CLAYTON, CONCORD, DANVILLE, EL CERRITO, HERCULES, LAFAYETTE, MANTECA, MARTINEZ, MORAGA, OAKLEY, ORINDA, PINOLE, PITTSBURG, PLEASANT HILL, RICHMOND, SAN PABLO, SAN RAMON and WALNUT CREEK. The purpose of this Agreement is to exercise jointly powers common to each City Member by managing risks and pooling or purchasing coverage for losses. (a) pooling on a self-insurance basis various risks in excess of individually selected deductible amounts and up to a jointly selected maximum; (b) jointly purchasing excess insurance coverage over the self-insured maximum; (c) creating and maintaining a central loss fund to pay the cost of the self-insured portions of losses insured against; (d) implementing a management program; and (e) providing for including in the future additional Cities which desire to become parties to the Agreement.
SECTION 2. Definitions. Unless the context otherwise requires:
1. “Authority” means the Contra Costa County Municipal Risk Management Insurance Authority Northern California Pooling Authority for Cities and Towns created by this Agreement;
2. “Board” is the governing board body of the Authority;
3. “Broker” is the insurance broker hired by the Board to acquire insurance coverage;
3. “Chief Administrative Officer” is the person appointed by the Board to be its secretary and Risk Manager of the Authority.
4. “City” means one of the Cities which is a party to this Agreement;
54. “Claim” means a claim for personal injury, death, real or personal property damage, and workers’ compensation;
6. “Claims Adjustor” is the claims adjustor hired by the Board to determine losses and make or recommend payments from the Central Loss Fund;
7. “Central Loss Fund” is the fund created by the Authority for the purpose of paying the cost of covered losses;
85. “Covered Losses” are those losses resulting from claims against Cities which are in excess of the City’s Member’s deductible and are insured covered by the Authority either under the Memorandum of Coverage or purchased insurance;;
9. “Insurance Policy” is a policy of insurance either purchased by, or issued by, the Authority covering property or risks of the Cities;
106. “Member” means a member of the Board and includes an Alternate Member party to this Joint Powers Agreement;;
117. “Memorandum of Coverage” is the document memorializing the terms, conditions, and limitations of the coverage for those risks which the Cities agree to self-insure.
11.12 “Operating Fund” is the fund established by the Authority for the purpose of paying insurance premiums, administration and other costs, except the payment of covered losses;
12.13 “Risk Manager” is the person or firm appointed by the Board to be its Secretary and the Chief Administrative Officer of the Authority.
SECTION 3. Rules of Construction.
(a) The present tense includes the past or future tense; the future includes the present tense.
(b) The singular includes the plural and the plural includes the singular.
(c) Shall is mandatory and may is permissive.
(d) The masculine gender includes the feminine and neuter.
SECTION 4 3. Creation of Authority. The Authority is created uUnder Section 6500 of the Government Code, there is created the Authority, as a public entity, separate and apart from the parties to this Agreement.
SECTION 54. Term of Agreement. This Agreement becomes effective as of the date and year first above written and continues until terminated as hereafter provided. The prior Joint Powers Agreement is terminated upon the effective date hereof. The rights and obligations of the Parties under the prior Joint Powers Agreement remain the same under this Agreement except to the extent of the amendments made hereby.
SECTION 65. Governing Board. The Authority shall be governed by a Board composed of one member individual from each City Member, each serving in an individual capacity as a member of the Board. Each City Council Member’s governing body shall appoint to the Board either its City Manager or Director, or the department head or staff person responsible for its risk management function. Each Board member shall have one vote. Each City Council Member shall appoint one Alternate memberto the Board. The Alternate shall have the same qualifications as the Member Board member. The Alternate may attend, participate in, and vote at any meeting of the Board at which the regular Member Board member from the Alternate’s City is absent. Each Member Board member serves at the pleasure of the appointing City Council. If a person serving as a Member ceases to be the City Manager or ceases to be responsible for the City’s Risk Management function, the City Council shall appoint as the City’s Board Member, the person who becomes the City Manager or succeeds to the performance of the risk management function. Each Member of the Board has one vote. A Board Member is not entitled to compensation. However, the Board may authorize reimbursement for expenses incurred by a Member in connection with his duties as a Board Member. [Move last sentences to Bylaws]
SECTION 7 6 Board Meetings and Records.
(a) Regular Meetings. The Board shall hold at least one regular meeting each year. The Board shall fix the date upon which and the hour and place at which each regular meeting is to be held, or and the Risk Manager Chief Administrative Officer shall notify each City Member of that action. All meetings shall be held in a manner consistent with the Bylaws and in compliance with the Ralph M. Brown Act.
(b) Ralph M. Brown Act. Each meeting of the Board, 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). [Move to Bylaws]
(c) Minutes. The Risk Manager shall have minutes of regular, adjourned regular and special meetings kept. As soon as possible after each meeting, he shall have a copy of the minutes forwarded to each Member of the Board and to each City. [Move to Bylaws]
(db) By-Laws and Regulations. The Board may adopt by-laws and regulations which are not inconsistent either with applicable law or with this Agreement. In the event the by-laws or regulations are inconsistent with this Agreement, this Agreement shall control. The Risk Manager Chief Administrative Officer shall send to each City Member each by-law and regulation and amendment thereto promptly after its adoption by the Board.
(e) Quorum. A minimum of ten (10) Members of the Board is a quorum for the transaction of business. However, less than a quorum may adjourn from time to time. Except as otherwise specified herein or in the Bylaws, A a vote of the majority of a quorum at a meeting is sufficient to take action. [Move to Bylaws]
(fc) Executive Committee. The Board may establish an Executive Committee and delegate to it functions not otherwise reserved to the entire Board.
SECTION 87 Officers.
(a) The Board shall elect a president and vice-president from among its members to perform the duties set forth in the Bylaws. at its first meeting. Each officer shall assume the duties of his office upon election. If either the president or vice-president ceases to be a Member, the resulting vacancy shall be filled at the next regular meeting of the Board held after vacancy occurs. In the absence or inability of the president to act, the vice-president acts as president. The president shall preside at and conduct all meetings of the Board.
(b) The Risk Manager Chief Administrative Officer shall be the Secretary of the Authority and shall be responsible for maintaining all records of the Authority..
(c) The Board shall elect a Treasurer and Auditor with the qualifications and to perform the duties set forth in the Bylaws. Except as otherwise provided in this section, the Board shall appoint as a Treasurer and Auditor a person who need not be a Member of the Board, but who shall be the Finance Director of a City. He has the powers, duties and responsibilities specified in Government Code Section 6505.5.
(d) The Board may appoint someone other than the Treasurer to perform the functions of Auditor of the Authority but if it does so, the appointment shall be from the same City as the Treasurer. The Board shall require the Treasurer and Auditor to file with the Authority an official bond (or, if they are separate persons, one official bond for each) in an amount to be fixed by the Board, but not less than $100,000. The Authority shall pay the cost of the premiums for each bond required by it.
(ed) The Board may appoint such other officers and employees and may contract with consultants and other professional persons or firms as it considers necessary to carry out the purposes of this Agreement.
SECTION 98. POWERS. The Authority is authorized, in its own name, to do all acts necessary for the exercise of those powers referred to in recital 2 the Recitals including, but not limited to, each of the following:
(1) make and enter into contracts;
(2) incur debts, liabilities and obligations but no debt, liability or obligation of the Authority is a debt, liability or obligation of any City Member which is a party to this Agreement, pursuant to Government Code Section 6508.1;
(3) acquire, hold or dispose of real and personal property;
(4) receive contributions and donations of property, funds, services and other forms of assistance from any source;
(5) sue and be sued in its own name;
(6) employ agents and employees;
(7) acquire, construct, manage and maintain buildings;
(8) lease real or personal property including that of a Member City.;
(9) receive, collect, invest, and disburse monies; and
(10) issue revenue bonds or other forms of indebtedness, as provided under Government Code Sections 6500 et seq.; and
(110) carry out other duties as required to accomplish other responsibilities as set forth in this Agreement.
These powers shall be exercised in the manner provided by law, and except as expressly set forth in this Agreement, subject only to those restrictions upon the manner of exercising the powers which are imposed upon Cities in the exercise of similar powers.
SECTION 109. Fiscal Year. The “fiscal year” of the Authority is the period from the first day of July of each year to and including the 30th day of June of the following year.
SECTION 1110 Authorities “Insurance Policies”. Coverage Provided by the Authority: Pursuant to the payment of “premiums” contributions by each City Member, to the Authority, the Authority shall issue provide coverage to each City under a Memorandum of Coverage and/or purchased insurance under the programs selected by the Member. an “insurance” policy or policies, indicating the risk coverage provided to the City by the Authority. Each policy The coverage begins as to each City on such date as is set forth in the policy Memorandum of Coverage and/or purchased insurance policy and may expire at the end of the fiscal year of the Authority.

SECTION 1211. Establishment and Administration of Funds.
(a) The Board shall establish such funds as it deems necessary to conduct the business of the Authority.


SECTION 1312. Budget. The Authority shall adopt an annual budget no later than the first day of its fiscal year.
SECTION 1413. Charges to Cities.Member Contributions. The Risk Manager Chief Administrative Officer shall calculate annually the amount of the premium payments of contributions to be charged for risk coverage required by Members Cities. The Board shall approve each charge before it takes effect.
SECTION 1514 Risk Coverage Charges and Deductibles. The risk coverage charge contribution referred to in Section 15 is in payment for the insurance policy issued coverage provided by the Authority to each City for coverage specified in the policy as specified in the Memorandum of Coverage and/or purchased insurance. The Board may, but is not required to, use standard form policies utilized in the market for comprehensive general liability, public entity liability, property damage and workers’ compensation coverages such as the comprehensive general liability form or the public entity liability form formerly used by Pacific Indemnity Company . Each City Member by the act of paying the risk coverage charge its contribution accepts the coverage provided by the policy Authority

SECTION 1614. Accounts and Records. The CAO shall establish and maintain the funds and accounts in accordance with acceptable accounting practices and shall maintain such other records as the Board requires pursuant to the procedures set forth in the Bylaws.. Books and records of the Authority in the hands of the CAO shall be open to inspection to all reasonable times by representatives of the Cities. Within 120 days after the close of each fiscal year, the CAO shall give a complete written report of all financial activities for that fiscal year to each City. The Board shall either make an annual audit or contract with a certified public accountant to make an annual audit of the accounts and records of the Authority. In each case, the minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Government Code Section 26909 and shall conform to generally accepted auditing standards. When an audit is made by a certified public accountant, the Authority shall have a copy of the audit report filed as a public record with each City. The audit report shall be filed within six (6) months of the end of the fiscal year under examination.
The Authority shall bear the costs of the audit, including any amounts paid to a certified public accountant.
SECTION 17. Responsibility for Monies. The CAO of the Authority shall have the custody of and disburse Authority funds as provided by accounting procedures developed in accordance with this Agreement and the Bylaws. and as nearly as possible [?] in accordance with generally accepted accounting principles. The Authority is responsible for the strict accountability of all funds and reports of all receipts and disbursements, and shall comply with the laws relating to the subject, particularly Section 6505 of the Government Code.
SECTION 18. Loss Records. The Authority shall maintain or have maintained accurate loss records for all risks insured against and all claims paid and for such other matters as it the Board requires or directs that records be maintained.
SECTION 2319.15 Reserves and Distributions. Separate reserves shall be maintained in the funds for each type of coverage., such as liability, workers’ compensation, and property. [Former Section 19]
SECTION 1915 16. Authority Functions and Responsibilities. The Authority shall provide comprehensive risk management services to its members., including but not limited to:
(1) SECTION 2016.17 City Member Responsibilities. Each City Member has the following responsibilities:
(1) appoint its representative and alternate to the Authority Board;
(2) cooperate fully with the Authority in determining the cause of losses and in the settlement of losses;
(3) comply with risk management requirements established by the Authority pursuant to this Agreement;
(4) pay contributions and assessments approved by the Board.

SECTION 2722 18 Additional Parties.New Members. With the approval of two-thirds of all the members of the Board, any other City public entity in Contra Costa County or any City in the general geographic area reasonably serviceable from Contra Costa County may become a party to this Agreement upon execution of an this Agreement, and between it and the Authority. The terms of the Agreement shall be identical to the terms of this Agreement, except as it pertains to sections of the Agreement and By-Laws pertaining to additional members. Each additional City shall forthwith pay to the Authority its current contribution payment as determined by the Board. Thereafter, the additional City shall be considered a party to the Agreement to the same extent as all of the original parties for all purposes. (?????) Prospective members may apply for participation in the Authority as provided for in the By-Laws. [Former Section 22]
SECTION 211719 Policy Cancellation Cancellation of Coverage in a Program or Programs.. If a City Member fails to comply with this Agreement, the Bylaws, or any procedures or policies established by the Board, the Board may, by a two-thirds vote, of the Board for non-compliance with this Agreement, the Authority may refuse to issue a policy provide coverage or may cancel any policy issued by it coverage being provided to that Member in any program(s).
SECTION 2420. Termination of Agreement and Disposition of Assets Upon Termination of Agreement or Withdrawal of a CityMember.
This Agreement may be terminated upon the unanimous consent of all parties to it. [From JPA, Section 18] Upon complete termination of this Agreement by all Cities Members and the settlement of all liabilities and claims, including incurred but not reported claims, all property of the Authority shall be divided among the Cities Members in a ratio equal to that of the total amounts paid by the Cities Members to the Authority for the five (5) fiscal years preceding the year in which the Agreement in terminated.
Upon withdrawal of a CityMember, that City Member is entitled only to its pro rata share of the balance of the amount paid by it for the fiscal year in which withdrawal takes place. That City Member shall not participate in or be entitled to any other funds, property, or other assets of the Authority.
SECTION 2221. Termination and Withdrawal of a Member. This Agreement may be terminated upon the unanimous consent of all parties to it. A City Member may withdraw as a party to the Agreement at the end of any fiscal year upon the giving to giving the Authority six (6) months prior written notice of its intent to withdraw.
SECTION 2319. Reserves and Distributions. Separate reserves shall be maintained in the funds for each type of coverage., such as liability, workers’ compensation, and property. SECTION 2420. Termination of Agreement and Disposition of Assets Upon Termination of Agreement or Withdrawal of a CityMember.
This Agreement may be terminated upon the unanimous consent of all parties to it. [From JPA, Section 18] Upon complete termination of this Agreement by all Cities Members and the settlement of all liabilities and claims, including incurred but not reported claims, all property of the Authority shall be divided among the Cities Members in a ratio equal to that of the total amounts paid by the Cities Members to the Authority for the five (5) fiscal years preceding the year in which the Agreement in terminated.
Upon withdrawal of a CityMember, that City Member is entitled only to its pro rata share of the balance of the amount paid by it for the fiscal year in which withdrawal takes place. That City Member shall not participate in or be entitled to any other funds, property, or other assets of the Authority.
SECTION 2521 Notices. Notices to Cities Members under this Agreement shall be sufficient if delivered to the office of the City ClerkMember. Notices to the Authority shall be sufficient if delivered to the office of the Risk ManagerCAO..
SECTION 26. Miscellaneous.
(a) The Section headings in this Agreement are for convenience only and are not to be construed as modifying or governing the language in the Section referred to.
(b) Whenever in the Agreement consent or approval is required, the same may not be unreasonably withheld.
SECTION 2722 Additional Parties.New Members. With the approval of two-thirds of all the members of the Board, any other City public entity in Contra Costa County or any City in the general geographic area reasonably serviceable from Contra Costa County may become a party to this Agreement upon execution of an this Agreement, and between it and the Authority. The terms of the Agreement shall be identical to the terms of this Agreement, except as it pertains to sections of the Agreement and By-Laws pertaining to additional members. Each additional City shall forthwith pay to the Authority its current contribution payment as determined by the Board. Thereafter, the additional City shall be considered a party to the Agreement to the same extent as all of the original parties for all purposes. (?????) Prospective members may apply for participation in the Authority as provided for in the By-Laws.
SECTION 2823 Amendment. This Agreement may be amended by Resolution of the City Councils governing bodies of two-thirds of the then participating CitiesMembers.
SECTION 2922. Expulsion. The Board by a three-fourths vote of all directors members may expel any member for the reasons and under the procedures set forth in the Bylaws. for cause any City Member from the Authority after 180 days’ written notice to the City. The notice shall enumerate the reasons for the expulsion. The City Member shall have the opportunity within 90 days of receiving the written notice to present to the Board a written response including, if appropriate, a work-plan that responds to the Board’s reasons as described in the notice. The Board may consider the City’s this response in determining whether to expel the City Member from the Authority, and the Board’s decision shall be final.At the City’s option, it shall have the right to arbitration in accordance with the California Arbitration Act, Code of Civil Procedure Section 1280, et seq. SECTION 3023. Effect of Withdrawal or Expulsion. The withdrawal or expulsion of any City Member shall not terminate its responsibilitiesy and obligations as set forth in the Bylaws. Upon withdrawal of a CityMember, that City Member is entitled only to its pro rata share of the balance of the amount paid by it for the fiscal year in which withdrawal takes place. That City Member shall not participate in or be entitled to any other funds, property, or other assets of the Authority.
(a) To cooperate fully with the Authority in determining the cause of losses and in the settlement of claims incurred during the coverage period(s), as defined in the Memorandum of Coverage, in which the Member participated.
(b) To pay any cash assessments or other amounts determined by the Board to be due and payable for each program year of each program in which it participated until all claims or other unpaid liabilities covering such periods have been finally resolved.
(c) To provide the Authority with statistical and loss experience data and other information as may be necessary for the Authority to carry out the purposes of this Agreement.
(d) To cooperate with and assist the Authority in all matters relating to this Agreement.
Coverages under all pool coverage programs for the coverage periods in which that Member participated will remain in effect and continue until the conclusion of their respective program years.
SECTION 24. Liability and Indemnification. The Authority shall defend and indemnify its directors, officers, and employees to the same extent as any other public entity of the State of California is obliged to defend and indemnify its public employees pursuant to California Government Code Section 825, et seq., or other applicable provisions of law.
The Authority may insure or self-insure itself to the extent deemed necessary by the Board against loss, liability and claims arising out of or connected to the conduct of the Authority’s activities.
SECTION 25. Assessment. Upon a two-thirds vote of the entire Board, the Board shall have the authority to levy a cash assessment for any pooled coverage program. The Board shall find if the Board finds that there are insufficient funds available to the Authority to meet its legal obligations.
Any cost, including attorneys’ fees, incurred by the Authority in collecting any cash assessment shall be reimbursed by the member entity against which such collection action has been taken.
SECTION 26. Dividends and Premium Rebates.
Upon a two-thirds vote of the Board, the Board shall have the authority to declare a dividend, or premium rebate of excess contributions and/or reduction of future contributions for any pooled coverage program if the Board finds there are excess reserves in the retention fund.
SECTION27. Severability
If any portion, term, condition or provision of this Agreement is determined by a court to be illegal or in conflict with a law of the State of California, or is otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions, and provisions is not affected.
SECTION28. Prohibition Against Assignment
No Membermay assign a right, claim, or interest it may have under this Agreement. No creditor, assignee, or third party beneficiary of a Memberhas a right, claim, or title to any part, share, interest, fund, premium, or asset of the Authority.
SECTION 282329 Amendment. This Agreement may be amended by Resolution of the City Councils governing bodies of two-thirds of the then participating CitiesMembers.
SECTION 252130 Notices. Notices to Cities Members under this Agreement shall be sufficient if delivered to the office of the City ClerkMember. Notices to the Authority shall be sufficient if delivered to the office of the Risk ManagerCAO.
IN WITNESS WHEREOF, the parties hereto have executed this Joint Exercise of Powers Agreement as of the day and year first above written. (7/1/97)

ANTIOCH
By: ________________________________ MARTINEZ
By: ________________________________

BRENTWOOD
By: ________________________________
CLAYTON
By: ________________________________
CONCORD
By: ________________________________
DANVILLE
By: ________________________________

MORAGA
By: ________________________________
OAKLEY
By: ________________________________

ORINDA
By: ________________________________

PINOLE
By: ________________________________

PITTSBURG
By: ________________________________

EL CERRITO
By: ________________________________

HERCULES
By: ________________________________

LAFAYETTE
By: ________________________________

MANTECA (5/99)
By: ________________________________  

PLEASANT HILL
By: _______________________________

RICHMOND
By: ________________________________
SAN PABLO
By: ________________________________

SAN RAMON
By: ________________________________

WALNUT CREEK
By: ________________________________
 

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
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E-mail allcouncil@brentwoodca.gov