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FIFTH AMENDMENT TO
JOINT EXERCISE OF POWERS AGREEMENT
FOR INSURANCE AND RISK MANAGEMENT PURPOSES
This Fifth Amendment To Joint Exercise Of Powers Agreement For Insurance
and Risk Management Purposes ( "Agreement ") is executed by and among the
public entities, hereafter referred to as Member or Members, each of which is
organized rand existing under the laws of the State of California and is a signatory
to this Agreement and listed in Appendix "A ", which is attached hereto and made
a part hereof. This Agreement, dated October 13, 2004, for identification
purposes, amends the Joint Exercise of Powers Agreement For Insurance and
Risk Management Purposes dated August 12, 1998.
RECITALS
This Agreement is predicated upon the following facts:
The following State laws, among others, authorize the Members to enter into this
Agreement:
1. Labor Code Section 3700, permitting a Member to fund its own Workers'
Compensation claims;
2. Government Code Section 990, permitting a Member to insure itself
against tort or inverse condemnation liability;
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3. Government Code Section 990.4, permitting a Member to provide
insurance and self- insurance in any desired combination;
4. Government Code Section 990.6, permitting the proper costs for self-
insurance to be charged against each Member and authorizing the
Governing Board to make premium payments for such coverage in an
amount such Governing Board determines to be necessary to provide
such coverage;
5. Government Code Section 990.8, permitting two or more Members to
enter into an agreement to jointly fund such expenditures under the
authority of Government Code Sections 6500 et seq.;
6. Government Code Section 6500 et seq., permitting two or more Members
to jointly exercise, under an agreement, any power which is common to
each of them.
NOW, THEREFORE, for and in consideration of the mutual benefits, covenants,
and agreements set forth in this Agreement, the Members agree as follows:
ARTICLE 1. CREATION OF THE INDEPENDENT CITIES RISK
MANAGEMENT AUTHORITY.
1.1 Pursuant to Article I (commencing with Section 6500) of Chapter 5 of
Division 7 of Title 1 of the Government Code of the State of California, the
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Members hereby create a public entity, separate and apart from the
Members, to be known as the Independent Cities Risk Management
Authority, hereinafter referred to as "ICRMA" or the "Authority ". Pursuant
to Government Code Section 6508.1, the debts, liabilities, and obligations
of the Authority shall not constitute debts, liabilities, or obligations of any
Member.
ARTICLE 2. PURPOSE.
2.1 The purpose of creating this Authority is to exercise the powers of the
Members to jointly accomplish the following:
2.1.1 Develop effective Risk Management Programs to reduce the
amount and frequency of their losses.
2.1.2 Develop Risk Management Programs of insurance to protect
Members from the effects of catastrophic or unexpected
losses. Such programs shall include, but not be limited to,
coverages for losses arising out of Tort Liability, Workers'
Compensation, Health Benefits, and the ownership or use of
real or personal property.
2.1.3 Design Risk Management Programs of the Authority on a
pooled or self- funded basis whereby the Members share
some portion, or all, of the costs of the program losses.
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2.1.4 Jointly purchase insurance, excess insurance, or
reinsurance and/or develop alternative financial
arrangements for the purpose of transferring risk of loss to
commercial insurers.
2.1.5 Assist Members to the maximum extent authorized by law to
secure long term solutions enabling the Authority to provide
adequate protection to Members against catastrophic, or
greater than expected, claims and to attract major reinsurers
for the purpose of transferring risk.
2.1.6 Jointly secure administrative and other services including,
but not limited to, general administration, underwriting, risk
management, loss prevention, claims adjusting, data
processing, brokerage, accounting; and legal services when
related to any of the other purposes.
ARTICLE 3. DEFINITIONS
3.1 The following definitions shall apply to the provisions of this Agreement
and the By -Laws of the Authority and Risk Management Programs:
3.1.1 "Agreement' shall mean this Agreement, as it may be
amended from time to time, creating the Independent Cities
Risk Management Authority.
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3.1.2 "Board" or "Governing Board" shall mean the governing body
of the Authority.
3.1.3 "By- Laws" shall mean the rules governing the management
of the Authority and each individual Risk Management
Program.
3.1.4 "Claim(s)" shall mean demand(s) complying with the
requirements of California Government Code Section 910
and made against the Member arising out of occurrences
which are covered or alleged to be covered by the
Authority's Memorandums of Coverage, or policies of
insurance.
3.1.5 "Fiscal Year" shall mean the period of time commencing on
July 1 of each year, and thereafter ending on June 30 each
following year.
3.1.6 "Governing Documents" shall mean this Agreement, the By-
Laws of the Authority and each Risk Management Program,
the Memorandum of Coverage and any other document
stipulated as a Governing Document in the By -Laws or by
action of the Governing Board.
3.1.7 "Insurance" shall mean insurance or reinsurance purchased
by the Authority to cover losses for its Members.
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3.1.8 "Member" shall mean any Municipal Corporation or public
entity authorized to be a member of a Joint Powers
Authority, which is a party to this Agreement and is-
participating in one or more Risk Management Programs.
3.1.9 "Memorandum of Coverage" shall mean the document or
documents issued by the Authority specifying the types of
coverages and limits provided to the Members.
3.1.10 "Program Year" shall mean a period of time in which each
program shall be segregated for ease in determining
coverage premiums.
3.1.11 "Participation" or "Participating" shall mean a Member has
elected to jointly participate in the management of a specific
risk and is a member of that Risk Management Program.
3.1.12 'Risk Management" shall mean the process of identifying,
evaluating, reducing, transferring, and eliminating risks. Risk
Management includes, but is not limited to, various methods
of funding claims payments, purchasing insurance, legal
defense of claims, controlling losses, and determining self -
insured retention levels and the amount of reserves for
potential claims.
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3.1.13 'Risk Management Program " shall mean those coverage
programs of risk sharing, insurance, and risk management
services created by the Authority to manage specific Risk
Management Programs, i.e. "Liability Risk Management
Program ".
ARTICLE 4. PARTIES TO THE AGREEMENT AND RESPONSIBILITIES OF
MEMBERS.
4.1 Each Member represents and warrants that it intends to, and does hereby,
contract with all other Members listed in Appendix "A ", and any new
members admitted to the Authority pursuant to Article 16. Each Member
also represents and warrants that the withdrawal or expulsion of any
Member, pursuant to Article 14 or 15, shall not relieve any Member of its
rights, obligations, liabilities or duties under this Agreement or the
individual Risk Management Programs in which the Member participates.
4.2 Each Member agrees to be bound by and to comply with all of the terms
and conditions of the Governing Documents and any Resolution or other
action adopted by the Governing Board as they now exist or may
hereinafter be adopted or amended. Each Member assumes the
obligations and responsibilities set forth in the Governing Documents.
ARTICLE 5. GOVERNING BOARD.
5.1 The Authority shall be governed by a Governing Board the composition of
which shall be set forth in the Authority's By -Laws. Immediately upon
admission of a new Member pursuant to Article 16, the Member shall be
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entitled to appoint a Representative to the Governing Board and an
alternate Representative and, if desired, a substitute alternate
Representative, each of whom shall meet the parameters set forth in the
Authority's By -Laws. Decisions of the Member representative, or the
Governing Board in his /her absence, shall be binding on the Member.
5.2 The Member Representative and /or alternate Representative or substitute
alternate Representative shall be removed from the Governing Board
upon the occurrence of any one of the following events: (1) the expulsion
or withdrawal of the Member from the Authority; (2) the death or
resignation of the Member Representative; (3) the Authority receives the
written notice from the Member that the Member Representative is no
longer a member of the governing body of the Member or as otherwise
provided in the Authority's By -Laws.
5.3 Pursuant to Government Code Section 6505.6, the Governing Board shall
designate an officer or employee, or officers and employees, to receive,
deposit, invest, and disburse the property of the Authority pursuant to
Government Code Sections 6505 and 6505.5. The Governing Board shall
fix the amount of the fidelity bond to be filed by such public officer(s)
and /or employee(s).
ARTICLE 6. BOARD MEETINGS AND RECORDS
6.1 Regular Meetings. The Governing Board and all standing committees
shall hold meetings at the location and time set forth in the By -Laws of the
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Authority and each individual Risk Management Program.
6.2 Ralph M. Brown Act. All meetings of the Governing Board, and appointed
committees, 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).
6.3 Minutes. Minutes of regular, adjourned regular, and special meetings of
the Authority shall be kept under direction of the Secretary. As soon as
possible after each meeting, the Secretary shall forward copies of the
minutes to each Governing Board member.
6.4 Quorum. A majority of the members of the Governing Board is a quorum
for the transaction of business. However, less than a quorum may adjourn
from time to time. A vote of the majority of a quorum at a meeting is
sufficient to take action.
ARTICLE 7. OFFICERS.
7.1 The Governing Board shall elect a president, vice - president, Treasurer
and Secretary from among its members. The manner of election and term
of office of elected officers and their authority and responsibilities shall be
as set forth in the Authority By -Laws. If any of the officers cease to be a
Member's representative, the resulting vacancy shall be filled as provided
in the Authority By -Laws. The Governing Board may appoint such other
officers as it considers necessary.
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ARTICLE 8. POWERS.
8.1 The Authority shall have the powers common to its Members and is
authorized, in its own name, to do all acts necessary and to exercise such
common powers to fulfill the purposes of this Agreement referred to in
Article 2 including, but not limited to, each of the following:
8.1.1 Finance through the issuance of Bonds or other financial
instruments of indebtedness, self- insurance reserve funds
necessary or convenient for the implementation of this
Agreement.
8.1.2 Incur debts, liabilities, and obligations.
8.1.3 Acquire, hold, or dispose of real and personal property.
8.1.4 Receive contributions and donations of property, funds,
services, and other forms of assistance from any source.
8.1.5 Sue and be sued in its own name.
8.1.6 ' Employ agents and employees.
8.1.7 Acquire, construct, manage, maintain, or operate buildings,
works, or improvements.
8.1.8 Lease real or personal property, including that of a Member.
8.1.9 Receive, collect, and disburse monies.
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8.1.10 Invest money in the treasury of the Authority in the same
manner and on the same conditions as local agencies
pursuant to Government Code Section 53601.
8.1.11 Exercise all other powers necessary and proper to carry out
the provisions of this Agreement.
8.1.12 Develop and implement Risk Management Programs.
8.1.13 Jointly purchase for the benefit of Members, insurance,
excess insurance, reinsurance, and enter into agreements
for the benefit of Members, for the purpose of transferring
risk of loss to commercial insurers or reinsurers or other
insurance pools.
ARTICLE 9. RISK MANAGEMENT PROGRAMS.
9.1 The Governing Board shall establish Risk Management Programs as
provided in the Authority's By -Laws.
9.2 No Risk Management Program shall become operational, or possess any
authority, until the proposed Risk Management Program By -Laws have
been approved by the Governing Board. The voting on the approval of
By -Laws shall be restricted to Governing Board Member representatives
of the particular Risk Management Program. Approval of the By -Laws and
any amendments thereto shall be as provided in the By -Laws of the
individual Risk Management Programs. On approval of the By -Laws, the
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various Risk Management Programs shall become operational and will
have all of the powers specifically delegated to them by the Governing
ARTICLE 10. BUDGET
10.1 The Governing Board shall adopt an annual budget not later than 30 days
prior to the beginning of each Fiscal Year.
ARTICLE 11. ANNUAL AUDIT AND REVIEW.
11.1 The Governing Board shall cause an annual financial audit of the accounts
and records to be made and filed as provided in the Authority's By -Laws
and the laws of the State.
ARTICLE 12. ESTABLISHMENT AND ADMINISTRATION OF FUNDS.
12.1 Funds of the Authority may be commingled for investment and
administration purposes. However, each Risk Management Program shall
be accounted for separately on a full accrual basis.
12.2 The Governing Board shall establish the policy for warrants drawn to pay
demands against the Authority.
12.3 The coverage for each Program Year of each Risk Management Program
shall be as specified in the Memorandum of Coverage or policies of
insurance for that Program Year of the Risk Management Program.
ARTICLE 13. WITHDRAWAL.
13.1 Any Member which enters a Risk Management Program may withdraw
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from that Risk Management Program and may at a later time seek to
renew participation in said Program subject to the terms and conditions as
set forth in the By -Laws of that particular Risk Management Program.
13.2 A Member is no longer a party to the Authority or this Agreement upon its
withdrawal from all of the Authority's Risk Management Programs.
ARTICLE 14. EXPULSION.
14.1 The Governing Board may expel any Member from the Authority and /or
from a Risk Management Program at any time for material breaches of the
Governing Documents. Such expulsion shall be as provided in the By-
Laws of the Authority or each Individual Risk Management Program.
ARTICLE 15. - TERMINATION.
15.1 This Agreement shall continue until terminated by vote or written consent
of two- thirds of the Members provided, however, that this Agreement and
the Authority shall continue to exist for the purposes of disposing of all
claims, the distribution of assets, and any other functions necessary to
conclude the affairs of the Authority.
15.2 Upon termination of this Agreement, all assets of the Authority shall be
distributed only among the Members that have been participants in its
Risk Management Programs, including any of those Members which
previously withdrew or were expelled pursuant to Articles 13 and 14 of this
Agreement, in accordance with and proportionate to their net premium
payments made during the term of this Agreement. The Governing Board
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shall determine such distribution within six months after the last claim
covered by this Agreement has been finalized.
15.3 The Governing Board is vested with all powers of the Authority for the
purpose of concluding and dissolving the business affairs of the Authority.
These include the power to require those Members which were Risk
Management Program participants at the time of any particular occurrence
which was covered or alleged to be covered under the Memorandum(s) of
Coverage or policies of insurance to pay their share of any additional
amount of premium deemed necessary by the Governing Board for the
final disposition of all claims and expenses associated with such loss.
ARTICLE 16. 1 NEW MEMBERS.
16.1 Any governmental agency, organized and operating under the laws of the
State of California which is authorized to participate in a joint powers
authority under the Government Code may become a member of the
Authority by complying with the requirements of the Authority By -Laws.
ARTICLE 17. LIABILITY OF THE AUTHORITY.
17.1 Each Member agrees to indemnify, save and defend the Authority and all
other Members harmless from and against all claims, losses, and
damages, including legal fees and expenses, arising out of any breach or
default on the part of such Member in performance of any of its obligations
under this Agreement, or any act or negligence of such Member or any of
its agents, contractors, servants, employees or licensees with respect to
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this Agreement. No indemnification is made under this Section for claims,
losses or damages, including legal fees and expenses, arising out of the
willful misconduct, negligence or breach of duty under this Agreement by
the Authority or a Member or their officers, employees, agents or
contractors.
17.2 The Representatives to the Governing Board and to each of the Risk
Management Programs and any officer, employee, contractor, or agent of
the Authority shall use ordinary care and reasonable diligence in the
exercise of their power and in the performance of their duties under this
Agreement.
17.3 Funds of the Authority may be used to defend, indemnify, and hold
harmless the Authority and any member of the Governing Board, any
member of a Risk Management Program, and any employee of the
Authority for their actions taken within the scope of their duties while
acting on behalf of the Authority. Nothing herein shall limit the right of the
Authority to purchase insurance to provide such coverage as is
hereinabove set forth.
ARTICLE 18. NOTICES.
18.1 Notices to each Member under this Agreement shall be sufficient if mailed
to its respective address on file with the Authority. Any Member may
designate any other address in substitution of the foregoing address to
which such notice will be given at any time by giving five days written
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notice to the Authority and all other Members.
ARTICLE 19. AMENDMENTS TO THIS AGREEMENT AND PROGRAM
BY- LAWS.
19.1 This Agreement may be amended at any time by vote of two - thirds of the
Members acting through their governing body. Amendments to the
individual Risk Management Program By -Laws require the two -third vote
of the Governing Board members representing Members of that Risk
Management Program.
ARTICLE 20. SEVERABILITY.
20.1 Should any portion, term, condition, or provision of this Agreement be
decided by a court of competent jurisdiction to be illegal or in conflict with
any law of the State of California, or be otherwise rendered unenforceable
or ineffectual, the validity of the remaining portions, terms, conditions, and
provisions shall not be affected thereby.
ARTICLE 21. AGREEMENT COMPLETE.
21.1 The foregoing constitutes the full and complete Agreement of the parties.
There are no oral understandings or agreements not set forth in writing
herein.
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ARTICLE 22. TERM OF AGREEMENT.
22.1 This fifth amended Agreement shall become effective upon the Authority
receiving notice of the approval by the governing body of two - thirds of the
Members.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year first written above.
City of QiLGcLe/'
By �. LLc�J
Title J2Zrt.L1A�1J
Executed before me this r
I ?day of ,��� "��— 200 4
(City Seal)
City Clerk
City of
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APPENDIX "A"
INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY
MEMBER CITIES
1. Alhambra
2. Arcadia
3. Azusa
4. Baldwin Park
5. Bell
6. Buena Park
7.
Chino
8.
Colton
9.
Culver City
10.
Downey
11.
El Monte
12.
El Segundo
13.
Fullerton
14.
Glendora
15.
Hawthorne
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16.
Hermosa Beach
17.
Huntington Park
18.
Inglewood
19.
La Habra
20.
Lynwood
21.
Manhattan Beach
22.
Monrovia
23.
Monterey Park
24.
Redondo Beach
25.
San Fernando
26.
South Gate
27.
Upland
28,
Vernon
INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY
FIFTH AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT
FOR INSURANCE AND RISK MANAGEMENT PURPOSES
147448.4 (MS WORD) 000602 -9000
RESOLUTION-NO. 6265
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNNA, APPROVING AN.AMENDMENT TO,
THE INDEPENDENT CITIES RISK MANAGEMENT
AUTHORITY JOINT POWERS AGREEMENT ADMITTING TO
MEMBERSHIP THE CITY OF PALM SPRINGS
WHEREAS, the City of Arcadia is a member of the Independent Cities Risk
Management Authority ( "ICRMA "), a Joint Powers Authority, which provides risk
management programs of insurance to protect its. members from the, effect of
unexpected losses and to provide excess insurance and other services, including'
risk management, loss prevention, claims adjustment, insurance brokerage, legal
and other services related. to its purpose; and
WHEREAS, the City, of Palm Springs has applied for membership in
ICRMA and the Governing Board has determined that the City of Palm Springs
meets the qualifications for membership and has approved its becoming a member;
and
WHEREAS, it is appropriate to amend the ICRMA Joint Powers Agreement
to admit the City of Palm Springs as a member of the Joint Powers Authority.
NOW, THEREFORE,' THE CITY COUNCIL -OF THE CITY OF
ARCADIA; CALIFORNIA, . DOES HEREBY FIND, DETERMINE AND
RESOLVE AS FOLLOWS:
1 ,
LASER 1N4�,%V_D
I.
SECTION 1. The City Council does approve an amendment to the
Independent Cities Risk Management Authority Joint Powers Agreement to admit
to'full membership the City of Palm Springs.
SECTION 2. The City Clerk shall certify to the adoption of this
Resolution and shall cause a certified copy of this Resolution to be filed with the
General Manager of the Independent Cities Risk Management Authority.
Passed, approved and adopted this 6th day of November , 2001.
ATTEST:
Clerk City
APPROVED AS TO FORM
City Attorney
Mayor of the City of Arcadia
2 1
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, JUNE D: ALFORD, City Clerk of the City of Arcadia, hereby. certifies that
the foregoing Resolution No. 6265 was passed and adopted by the City Council of the
City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular
meeting of said Council held on the 6th day of November, 2001 and that said
Resolution was adopted by the following vote, to wit:
AYES: Councilmember Chandler, Chang, Kovacic, Marshall and Segal
NOES: None
ABSENT: None
W
M9 Ingle
a °J LO -G
RESOLUTION NO. 6091 •
A RESOLUTION OF THE ARCADIA CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, APPROVING AN AMENDMENT TO THE JOINT EXERCISE OF
POWERS AGREEMENT FOR INSURANCE AND RISK MANAGEMENT PURPOSES,
APPROVING THE ADMITTANCE OF THE CITY OF CHINO TO MEMBERSHIP IN
THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY
WHEREAS, the City of Arcadia is a member of the Independent Cities Risk Management
Authority ( "ICRMA "); and
WHEREAS, the City of Chino has applied for membership in the ICRMA; and
WHEREAS, the admittance to membership of the City of Chino has been approved by
the ICRMA Governing Board; and
WHEREAS, the ICRMA Governing Board has recommended amendments to the Joint
Exercise of Powers Agreement ( "JPA "), a copy of which amended JPA has provided to this City
Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES
HEREBY FIND, DETERMINE AND DECLARES AS FOLLOWS:
SECTION 1. That the City Council does hereby approve the amended JPA as approved
by the ICRMA Governing Board as presented to this City Council.
SECTION 2. That the City Council does hereby approve the admittance of the City of
Chino as a member of the ICRMA.
SECTION 3. That the City Clerk shall certify to the adoption of this resolution -and
forward a copy of same to the Independent Cities Risk Management Authority.
LASER RAGED
y • •
Passed, approved and adopted this 15th
ATTEST:
-r-;FerKVrtrTff
APPRO • FORM:
n
i orney o e i o rca is
day of December , 1998
/s/ GARY A. KOVACIC
Mayorof the Uty of rca is
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the
foregoing Resolution No. 6091 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said
Council held on the 15th day of December, 1998 and that said Resolution was adopted by
the following vote, to wit:
AYES: Councilmember Chandler, Harbicht, Marshall, Roncelli and Kovacic
NOES: None
ABSENT: None
/S/ JUNE D. ALFORD
City Clerk of the City of Arcadia
INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY
AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT
FOR INSURANCE AND RISK MANAGEMENT PURPOSES
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AMENDMENTTO
JOINT EXERCISE OF POWERS AGREEMENT
FOR INSURANCE AND RISK MANAGEMENT PURPOSES
This agreement is executed by and among Municipal Corporations, hereafter referred to
as Member Cities, organized and existing under the laws of the State of California which
are signatory to this Agreement and listed in Appendix "A ", which is attached hereto and
made a part hereof. This Agreement, dated August 12, 1998 for identification purposes,
amends the Joint Exercise of Powers Agreement For Insurance and Risk Management
Purposes dated July 9, 1997.
RECITALS
This Agreement is predicated upon the following facts:
A. The Member Cities are Municipal Corporations organized and operating under the laws
of the State of California.
B. The following State laws, among others, authorize the Member Cities to enter into this
Agreement:
1. Labor Code Section 3700, permitting a city to fund its own Workers' Compensation
claims;
2. Government Code Section 990, permitting a city to insure itself against tort or
inverse condemnation liability;
3. Government Code Section 990.4, permitting a city to provide insurance and self -
insurance in any desired combination;
4. Government Code Section 990.6, permitting the proper costs for self- insurance to
be charged against each city and authorizing the Governing Board to make
premium payments for such coverage in an amount such Governing Board
determines to be necessary to provide such coverage;
5. Government Code Section 990.8, permitting two or more cities to enter into an
agreement to jointly fund such expenditures under the authority of Government
Code Sections 6500 et sea.;
6. Government Code Section 6500 et seq., permitting two or more cities to jointly
exercise, under an agreement, any power which is common to each of them.
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NOW, THEREFORE, for and in consideration of the mutual benefits, covenants, and
agreements set forth in this Agreement, the Member Cities agree as follows:
ARTICLE 1. CREATION OF THE INDEPENDENT CITIES RISK MANAGEMENT
AUTHORITY.
Pursuant to Article I (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1
of the Government Code of the State of California, the Member Cities hereby create a
public entity, separate and apart from the Member Cities, to be known as the Independent
Cities Risk Management Authority, hereinafter referred to as the "Authority ". Pursuant to
Government Code Section 6508.1, the debts, liabilities, and obligations of the Authority
shall not constitute debts, liabilities, or obligations of any Member City. A Member City
may separately contract for or assume responsibility for specific debts, liabilities, or
obligations of the Authority. Pursuant to and to the extent required by Government Code
Section 6509, the Authority shall be restricted in the exercise of its powers in the same
manner as the City of Manhattan Beach is restricted in its exercise of similar powers
provided that, if the City of Manhattan Beach shall cease to be a Member City, then the
Authority shall be restricted in the exercise of its power in the same manner as the City of
San Fernando. If the City of San Fernando shall cease to be a Member City, then the
Governing Board shall designate the appropriate Member City.
ARTICLE 11. PURPOSE.
The purpose of creating this Authority is to exercise the powers of the Member Cities to
jointly accomplish the following:
A. Develop effective Risk Management Programs to reduce the amount and frequency of
their losses.
B. Develop Risk Management Programs of insurance to protect Member Cities from the
effects of catastrophic or unexpected losses. Such programs shall include, but not be
limited to, coverages for losses arising out of Tort Liability, Workers' Compensation,
Health Benefits, and the ownership or use of real or personal property.
C. Design Risk Management Programs of the Authority on a pooled or self- funded basis
whereby the Member Cities share some portion, or all, of the costs of the program
losses.
D. Jointly purchase insurance, excess insurance, or reinsurance for the purpose of
transferring risk of loss to commercial insurers.
E. Assist Member Cities to secure a long -term financial base from the issuance of
Certificates of Participation. The revenues generated from the Certificates of
Participation will be used for the purpose of establishing and maintaining sufficient
unencumbered financial reserves, thereby enabling the Authority to provide adequate
protection to Member Cities against catastrophic, or greater than expected, claims, and
to attract major reinsurers for the purpose of transferring risk.
18458.4 000602 -9000 8/18/98 - 4:21 PM - 2 -
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F. Jointly secure administrative and other services including, but not limited to,
underwriting, risk management, loss prevention, claims adjusting, data processing,
brokerage, accounting, and legal services when related to any of the other purposes.
ARTICLE L. DEFINITIONS
The following definitions shall apply to the provisions of this Agreement and the By -Laws
of the Risk Management Programs:
A. "Agreement" shall mean this Agreement creating the Independent Cities Risk
Management Authority.
B. "Board" or "Governing Board" shall mean the governing body of the Authority.
C. "By- Laws" shall mean the rules governing the management of each individual Risk
Management Program.
D. "Claim(s)" shall mean demand(s) made against the Member Cities arising out of
occurrences which are covered or alleged to be covered by the Authority's
Memorandums of Coverage, or policies of insurance.
E. "Fiscal Year" shall mean the period of time commencing on July 1 of each year , and
thereafter ending on June 30 each following year.
F. "ICRMA" shall mean the Independent Cities Risk Management Authority created by
this Agreement.
G. "Insurance" shall mean insurance purchased by the Authority to cover losses for its
Member Cities.
H. "Member City" shall mean any Municipal Corporation or any Joint Powers Authority,
whose membership consists only of Municipal Corporations, which is a party to this
Agreement and is participating in one or more Risk Management Programs .
I. "Memorandum of Coverage" shall mean the document or documents issued by the
Authority specifying the types of coverages and limits provided to the Member Cities.
J. "Program Year" shall mean a period of time, usually twelve months, in which each
program shall be segregated for ease in determining coverage premiums.
K. "Participation" or "Participating" shall mean a Member City has elected to jointly
participate in the management of a specific risk and is a member of that Risk
Management Program.
L. "Risk Management" shall mean the process of identifying, evaluating, reducing,
transferring, and eliminating risks. Risk Management includes various methods of
funding claims payments, purchasing insurance, legal defense of claims, controlling
losses, and determining self- insured retention levels and the amount of reserves for
potential claims.
18458.4 000602 -9000 8/18/98 - 4 : 2 1 PM - 3 -
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M. "Risk Management Program " shall mean those coverage programs of risk sharing,
insurance, and risk management services created by the Authority to manage specific
Risk Management Programs, i.e. "Liability Risk Management Program ".
ARTICLE IV. AP RTIES TO AGREEMENT.
Each Member City represents and warrants that it intends to, and does hereby, contract
with all other Member Cities listed in Appendix "A ", and any new members admitted to the
Authority pursuant to Article XVII. Each Member City also represents and warrants that
the withdrawal or expulsion of any Member City, pursuant to Article XIV or XV, shall not
relieve any Member City of its rights, obligations, or duties under this Agreement.
ARTICLE V. GOVERNING BOARD.
The Authority shall be governed by a Governing Board comprised of one Representative
from each Member City. The City Council of each Member City shall appoint a member of
the City Council as the Member City's Representative to the Governing Board. Each
Member City shall also designate an alternate Representative and may designate a
substitute alternate Representative. The alternate Representative and the substitute
alternate Representative, if appointed, may be a staff officer(s) of the Member City. Each
Representative to the Governing Board has one vote. Either the alternate Representative
or substitute alternate Representative, if appointed, may vote at meetings of the
Governing Board in the absence of the Member City's Representative. Immediately upon
admission of a new Member City pursuant to Article XVII, the Member City shall be
entitled to appoint to the Governing Board a Representative and an alternate
Representative and, if desired, a substitute alternate Representative.
The Member City Representative and /or alternate Representative or substitute alternate
Representative shall be removed from the Governing Board upon the occurrence of any
one of the following events: (1) the Authority receives a written notice from the appointing
Member City of the removal of the Member City Representative or alternate
Representative or substitute alternate Representative; (2) the expulsion or withdrawal of
the Member City from this Agreement; (3) the death or resignation of the Member City
Representative; (4) the Authority receives the written notice from the Member City that
the Member City Representative is no longer a member of the City Council of the Member
City.
The Member City Representative and the alternate Representative, or substitute alternate
Representative, if appointed, are not entitled to compensation. The Governing Board may
authorize reimbursement of expenses incurred by the Member City Representative, or the
alternate Representative, or substitute alternate Representative.
Pursuant to Government Code Section 6505.6, the Authority shall designate an officer or
employee, or officers and employees, to receive, deposit, invest, and disburse the
property of the Authority pursuant to Government Code Sections 6505 and 6505.5. The
Authority shall fix the amount of the fidelity bond to be filed by such public officer(s) and/or
employee(s).
18458.4 000602 -9000 8/18/98 - 4 : 2 1 PM - 4 -
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ARTICLE VI. BOARD MEETINGS AND RECORDS.
A. Regular Meetings. The Governing Board shall hold at least one regular meeting each
quarter of each year. The Governing Board shall fix by resolution the date upon which,
and the hour and place at which, each regular meeting is to be held.
B. Ralph M. Brown Act. Each meeting of the Governing 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).
C. Minutes. Minutes of regular, adjourned regular, and special meetings of the Authority
shall be kept by the Secretary. As soon as possible after each meeting, the Secretary
shall forward to each Governing Board member and each City Clerk copies of the
minutes.
D. Quorum. A majority of the members of the Governing Board is a quorum for the
transaction of business. However, less than a quorum may adjourn from time to time.
A vote of the majority of a quorum at a meeting is sufficient to take action.
ARTICLE VII.
The Governing Board shall elect a president and vice - president from among its members
at its first meeting. Thereafter, in the last meeting in each succeeding fiscal year, the
Governing Board shall elect a president and a vice - president. Each officer shall assume
the duties of his office upon election. If either the president or vice - president cease to be
a member, the resulting vacancy shall be filled at the next regular meeting of the
Governing Board held after the 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 Governing Board. The Governing Board shall appoint a
secretary and a treasurer of the Authority who may, but need not be, a member of the
Governing Board. The Governing Board may appoint such other officers as it considers
necessary.
ARTICLE YLl• POWERS.
The Authority shall have the powers common to its Member Cities and is authorized, in its
own name, to do all acts necessary to exercise such common powers to fulfill the
purposes of this Agreement referred to in Article II including, but not limited to, each of the
following:
A. Finance through the issuance of Certificates of Participation, or other instruments of
indebtedness, self- insurance reserve funds necessary or convenient for the
implementation of this Agreement.
B. Incur debts, liabilities, and obligations.
18458.4 000602 -9000 8/18/98 - 4 : 2 1 PM - 5 -
C. Acquire, hold, or dispose of real and personal property.
D. Receive contributions and donations of property, funds, services, and other forms of
assistance from any source.
E. Sue and be sued in its own name.
F. Employ agents and employees.
G. Acquire, construct, manage, maintain, or operate buildings, works, or improvements.
H. Lease real or personal property, including that of a Member City.
I. Receive, collect, and disburse monies.
J. Invest money in the treasury of the Authority in the same manner and on the same
conditions as local agencies pursuant to Government Code Section 53601.
K. Exercise all other powers necessary and proper to carry out the provisions of this
Agreement.
L. Develop and implement Risk Management Programs.
M. Jointly purchase for the benefit of Member Cities, insurance, excess insurance,
reinsurance, and enter into agreements for the benefit of Member Cities, for the
purpose of transferring risk of loss to commercial insurers or reinsurers or other
insurance pools.
ARTICLE IX. RISK MANAGEMENT PROGRAMS.
The Governing Board shall by resolution establish a Risk Management Program for each
Coverage Program implemented by the Authority. Each Member City which elects to
participate in a Risk Management Program will automatically become a member of that
Risk Management Program.
No Risk Management Program shall become operational, or possess any authority, until
the proposed Risk Management Program By -Laws have been approved by the Governing
Board. The voting on the approval of By -Laws shall be restricted to members of the
Governing Board representing cities which are members of the particular Risk
Management Program . A two- thirds vote of these members is required for approval of
the By -Laws. On approval of the By -Laws, the various Risk Management Programs shall
become operational and will have all of the powers specifically delegated to them by the
Governing Board. When entering into any transactions authorized by the Governing
Board, the Risk Management Program shall use the Risk Management Program title and
refer to the Authority, i.e. a contract entered into by the Workers' Compensation Risk
Management Program of the Independent Cities Risk Management Authority.
18458.4 000602 -9000 8/18/98 - 4 : 2 1 PM - 6 -
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ARTICLE X. MEMBER CITY RESPONSIBILITIES.
Each Member City participating in a Risk Management Program shall have the following
responsibilities:
A. To appoint or remove its member of the Governing Board as set forth in Article V.
B. To appoint or remove its member to the Risk Management Program(s) .
C. To approve amendments to this Agreement as set forth in Article XX.
The Governing Board shall adopt an annual budget as soon as possible for the first Fiscal
Year and not later than thirty days prior to the beginning of each Fiscal Year thereafter.
ARTICLE CX_II. ANNUAL AUDIT AND REVIEW.
The Governing Board shall cause an annual financial audit of the accounts and records to
be made by a Certified Public Accountant in compliance with California Government Code
Sections 6505 and 6505.5 or 6505.6 with respect to all receipts, disbursements, other
transactions, and entries into the books of the Authority. 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. A report of each audit shall be filed as a public record with each of the Member
Cities and also with the county auditor of the county in which each of the Member Cities is
located. The report shall be filed within twelve months of the fiscal year under
examination. The Authority shall pay all costs of such financial audits.
ARTICLE X_III. ESTABLISHMENT •\l ND ADMINISTRATION OF FUNDS.
Funds of the Authority may be commingled for investment and administration purposes.
However, each Risk Management Program shall be accounted for separately on a full
accrual basis.
Warrants shall be drawn to pay demands against the Authority. Said warrants shall be
signed by both the President, Secretary or Treasurer and an agent, employee or general
manager of the Authority.
The coverage for each Program Year of each Risk Management Program shall be as
specified in the Memorandum of Coverage or policies of insurance for that Program Year
of the Risk Management Program. Subject to approval by the Governing Board, which
approval shall not be unreasonably withheld, each Member City shall have the ability to
determine in which Risk Management Program(s) it wishes to participate.
18958.9 000602 -9000 B /18/98 - 9 : 2 1 PM - 7 -
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ARTICLE XIV. WITHDRAWAL.
0
A. Any Member City which enters a Risk Management Program may withdraw from that
Risk Management Program subject to the terms and conditions as set forth in the By-
Laws of that particular Risk Management Program .
B. A Member City is no longer a party to this Agreement upon its withdrawal from all of
the Authority's Risk Management Programs.
C. Any Member City which withdraws as a participant from any Risk Management
Program pursuant to Section A of this Article shall not be permitted to renew
participation in that Risk Management Program until the expiration of three years from
the date of the Member City's withdrawal.
ARTICLE XV. EXPULSION.
The Governing Board may expel any Member City from a Risk Management Program at
any time for material breaches of this Agreement or the Risk Management Program By-
Laws. Such expulsion must be approved by the Governing Board members representing
Member Cities in that Risk Management Program or by the vote requirements for
expulsion specified in the By -Laws.
The withdrawal or expulsion of any Member City after the inception of its participation in a
Risk Management Program shall not terminate its responsibility for the years that the
Member City participated in any Risk Management Program.
ARTICLE XVI. TERMINATION.
This Agreement shall continue until terminated. However, it cannot be terminated until
such time as all principal for the Certificates of Participation shall have been retired.
Thereafter, this Agreement may be terminated by vote or written consent of two- thirds of
the Member Cities provided, however, that this Agreement and the Authority shall continue
to exist for the purposes of disposing all claims, the distribution of assets, and any other
functions necessary to conclude the affairs of the Authority.
Upon termination of this Agreement, all assets of the Authority shall be distributed only
among the Member Cities that have been participants in its Risk Management Programs,
including any of those Member Cities which previously withdrew or were expelled pursuant
to Articles XIV and XV of this Agreement, in accordance with and proportionate to their net
premium payments made during the term of this Agreement. The Governing Board shall
determine such distribution within six months after the last claim covered by this
Agreement has been finalized.
The Governing Board is vested with all powers of the Authority for the purpose of
concluding and dissolving the business affairs of the Authority. These powers shall
include the power to require those Member Cities which were Risk Management Program
participants at the time of any particular occurrence which was covered or alleged to be
18458.4 000602 -9000 B/18/98 - 4 : 2 1 PM - O -
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covered under the Memorandum(s) of Coverage or policies of insurance to pay their share
of any additional amount of premium deemed necessary by the Governing Board for the
final disposition of all claims and expenses associated with such loss.
ARTICLE XVII. NEW MEMBERS.
With the approval of two- thirds of the Governing Board, any qualified city may become a
party to this Agreement. Continuing or new membership is restricted to cities which are
members of the Independent Cities Association and are located in the State of California.
A city requesting membership shall apply by presenting to the Authority a resolution of the
City Council approving this Agreement, as amended, and the individual Risk Management
Program By -Laws that the city intends to join. The date that the applying city will become
a Member City will be determined by the Governing Board.
ARTICLE XVIII. LIABILITY OF THE AUTHORITY.
Each Member City agrees to indemnify and save the Authority and all other Member Cities
harmless from and against all claims, losses, and damages, including legal fees and
expenses, arising out of any breach or default on the part of such Member City in
performance of any of its obligations under this Agreement, or any act or negligence of
such Member City or any of its agents, contractors, servants, employees or licensees with
respect to this Agreement. No indemnification is made under this Section for claims,
losses or damages, including legal fees and expenses, arising out of the willful
misconduct, negligence or breach of duty under this Agreement by the Authority or a
Member City or their officers, employees, agents or contractors.
The Representatives to the Governing Board and to each of the Risk Management
Programs and any officer, employee, contractor, or agent of the Authority shall use
ordinary care and reasonable diligence in the exercise of their power and in the
performance of their duties under this Agreement.
Funds of the Authority may be used to defend, indemnify, and hold harmless the Authority
and any member of the Governing Board, any member of a Risk Management Program ,
and any employee of the Authority for their actions taken within the scope of their duties
while acting on behalf of the Authority. Nothing herein shall limit the right of the Authority
to purchase insurance to provide such coverage as is hereinabove set forth.
ARTICLE XI X. NOTICES.
Notices under this Agreement shall be sufficient if delivered to the office of the City Clerk
of the Member Cities.
ARTICLE XX. AMENDMENTS TO THIS AGREEMENT AND PROGRAM BY -LAWS.
This Agreement may be amended at any time by vote of two- thirds of the Member Cities
acting through their City Council. Amendments to the individual Risk Management
Program By -Laws require two -third vote of the Governing Board members representing
18458.4 000602 -9000 6/18/98 - 4:21 PM - J -
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cities which are members of that Risk Management Program .
ARTICLE XXI. SEVERABILITY.
Should any portion, term, condition, or provision of this Agreement be decided by a court
of competent jurisdiction to be illegal or in conflict with any law of the State of California, or
be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions,
terms, conditions, and provisions shall not be affected thereby.
ARTICLE XXIL AGREEMENT COMPLETE.
The foregoing constitutes the full and complete Agreement of the parties. There are no
oral understandings or agreements not set forth in writing herein.
ARTICLE XXIII. TERM OF AGREEMENT.
This amended Agreement shall become effective upon the Authority receiving notice of
the approval by the City Council of two- thirds of the Member Cities.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first written above.
City of 414 it'615U
By X
Title �A
Executed before me this
/ / =r day Of 4pr % 199
(City Seal)
Clerk
City of
18458.4 000602 -9000 8/18/98 - 4:21 PM _10-
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INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY
MEMBER CITIES
1.
Alhambra
2.
Arcadia
3.
Azusa
4.
Baldwin Park
5.
Bell
6.
Chino
7.
Colton
8.
Culver City
9.
Downey
10.
El Monte
11.
El Segundo
12.
Fullerton
13.
Gardena
14.
Glendora
15.
Hawthorne
18458.4 000602 -9000 8/18/98 - 4:21 PM - 11 -
16. Hermosa Beach
17. Huntington Park
18. Indio
19. Inglewood
20. Lynwood
21. Manhattan Beach
22. Monrovia
23. Monterey Park
24. Redondo Beach
25. San Fernando
26. South Gate
27. Upland
28. Vernon
29. West Covina
30. Whittier
O 3 L p'/ U
. RESOLUTION NO. 6010 i 4-v t o / o
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA AMENDING THE INDEPENDENT
CITIES RISK MANAGEMENT AUTHORITY ( ICRMA) JOINT
EXERCISE OF'POWERS AGREEMENT TO AUTHORIZE A
MEMBER CITY TO APPOINT A SUBSTITUTE ALTERNATE
REPRESENTATIVE TO THE GOVERNING BOARD
WHEREAS, the City of Arcadia is a member of the Independent Cities Risk
Management Authority ( "ICRMA "), a Joint Powers Authority created pursuant to the
provisions of the California Government Code; and
WHEREAS, the City of Arcadia is a signatory to the Joint Powers Agreement
which governs the operation of ICRMA and establishes the membership of its
Governing Board; and
WHEREAS, the City of Arcadia desires to approve an amendment to the Joint
Powers Agreement to authorize the appointment of a substitute alternate
representative to the Governing Board should a Member City desire to do so;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA
DOES HEREBY FIND, DETERMINE, AND DECLARE AS FOLLOWS:
SECTION 1. This City Council does approve an amendment to Article V. of
the Joint Powers Agreement, as amehded, to read as follows:
The Authority shall be governed by a Governing Board comprised of one
Representative from each Member City. The City Council of each Member City
shall appoint a member of the City Council as the Member City's Representative to
the Governing Board. Each Member City shall also designate an alternate
Representative and may designate a substitute alternate. The alternate and the
substitute alternate Representative, if appointed, may be staff officer(s) of the
Member City. Each Representative of the Governing Board has one vote. Either the
alternate or substitute Representative, if appointed, may vote at meetings of the
Governing Board in the absence of the Member City's Representative. Immediately
upon admission of a new Member City pursuant to Article XVII, the Member City
shall be entitled to appoint to the Governing Board a Representative and 'an
alternate Representative and, if desired, a substitute alternate Representative.
LASER IMAGED
A Representatoafor alternate or substitute alteA loresentative shall
be removed from
the
Governing Board upon the occurrence of any
one of the
following events:.
(1)
the Authority receives a written
notice from the
appointing
Member City of the removal of the Representative or alternate or substitute alternate
Representative; (2) the expulsion or withdrawal of the Member City from this
Agreement; (3) the death or resignation of the Representative; (4) the Authority
receives the written notice from the Member City that the Representative is no
longer a member of the City Council of the Member City.
Representatives and their alternates, or substitute alternates, if appointed, are
not entitled to compensation. The Governing Board may authorize reimbursement
of expenses incurred by the Representative, or their alternates, or substitute
alternates.
Pursuant to Government Code Section 6505.6, the Authority shall designate
an officer or employee, or officers and employees, to receive, deposit, invest, and
disburse the property of the Authority pursuant to Government Code Sections 6505
and 6505.5. The Authority shall fix the amount of the fidelity bond to be filled by
such public officer(s) and/or employee(s).
SECTION 2. That the City Clerk shall certify to the adoption of this Resolution and
that a certified copy of this Resolution shall be provided to the General Manager of
the ICRMA.
Passed, approved and adopted this 16th day of September 1997.
/s/ GARY A. KOVACIC
Mayor, the City of Arcadia
fPro Tem
ATTEST:
/S/ JUNE D. ALFORD
City Clerk of the City of Arcadia
APPROVED AS TO FORM:
City Attomey of the City of Arcadia
STATE OF CALIFORNIA ) -
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, NNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the
foregoing Resolution No. 6010 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor Pro Tern and attested to by the City Clerk at a regular meeting
of said Council held on the 16th day of September, 1997 and that said Resolution was
adopted by the following vote, to wit:
AYES: Councilmember Chang, Kovacic, Kuhn and Young
NOES: None
ABSENT: Mayor Harbicht
l51 JUNE D. ALFORD
City Clerk of the City of Arcadia
3
RESOLUTION NO. 5615
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARCADIA PROVIDING FOR THE ADMITTANCE OF THE
CITY OF FULLERTON TO MEMBERSHIP IN THE INDEPENDENT
CITIES RISK MANAGEMENT AUTHORITY
WHEREAS, the City of Arcadia (the "City ") as a municipality
duly organized and existing under the Constitution and laws of the
State of California ( "State "); and
WHEREAS, the Cities of Alhambra, Arcadia, Azusa, Baldwin Park,
Bell, Colton, Costa Mesa, Culver City, Downey, E1 Monte, E1
Segundo, Gardena, Glendora, Hawthorne, Hermosa Beach, Huntington
Park, Indio, Inglewood, Lynwood, Manhattan Beach, Monrovia,
Monterey Park, Redondo Beach, San Fernando, South Gate, Upland,
Vernon, West Covina and Whittier, California, have joined together
to form the Independent Cities Risk Management Authority
( "Authority "); and
WHEREAS, the City of Fullerton has applied for membership in
the Authority with its approval to membership contingent upon
approval by the existing member cities, its compliance with' the
provisions of the Independent Cities Risk Management Authority
Joint Powers Agreement ( "Joint Powers Agreement ") and the
conditions of admittance as determined by the Independent Cities
Risk Management Authority Board ( "the Board ");
WHEREAS, the Board has approved Fullerton's admittance to
membership in the authority; and
WHEREAS, this City Council is of the view that admitting
additional qualified members to membership in the Authority,
benefits this City and all members of the Authority;
LASER IMAGED
NOW, THEREFORE, be it resolved by the City Council of the City
of Arcadia as follows:
1. Approval to Membership of the City of Fullerton
The City approves the amendment to the Joint Powers Agreement
to admit the City of Fullerton membership in the Authority subject
to all conditions of admittance as determined by the Board.
2. Effective Date.
This resolution shall take effect upon its adoption.
Passed, approved and adopted this 20th day of August, 1991.
/s/ CHARLES E. GILB
MAYOR OF THE CITY OF ARCADIA
ATTEST: !S/ JUNE D. ALFORD
CITY CLERK OF THE CITY OF ARCADIA
LASER 10GEQ
r
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby
certify that the foregoing Resolution No. 5615 was passed and
adopted by the City Council of the City of Arcadia, signed by the
Mayor and attested to by the City Clerk at a regular meeting of
said Council held on the 20th day of August, 1991 and that said
Resolution was adopted by the following vote, to wit:
AYES: Councilmember Ciraulo, Fasching, Harbicht, Young and Gilb
NOES: None
ABSENT: None
/S/ JUNE D. ALFORD
City Clerk of the City of Arcadia
11
LASER IMAGF -r
INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY
AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT
FOR INSURANCE AND RISK MANAGEMENT PURPOSES
ICRXR07 -10 -91
LASER IMAGED ,
i •
AMENDMENT TO
JOINT EXERCISE OF POWERS AGREEMENT
FOR INSURANCE AND RISK MANAGEMENT PURPOSES
This agreement is executed by and among Municipal Corporations,
hereafter referred to as Member Cities, organized and existing
under the laws of the State of California which are signatory to
this Agreement and listed in Appendix "A ", which is attached hereto
and made a part of. This Agreement, dated July 10, 1990, amends
the Joint Exercise of Powers Agreement For Insurance and Risk
Management Purposes dated April 18, 1990.
RECITALS
This Agreement is predicated upon the following facts:
A. The Member Cities are Municipal Corporations organized and
operating under the laws of the State of California.
B. The following State laws, among others, authorize the Member
Cities to enter into this Agreement:
1. Labor Code Section 3700, allowing a city to fund its own
Workers' Compensation claims;
2. Government Code Section 990, permitting a city to insure
itself against tort or inverse condemnation,liability;
3. Government Code Section 990.4, permitting a city to provide
insurance and self- insurance in any desired combination;
4. Government Code Section 990.6, permitting the proper costs
for self- insurance to be charged against each city and
authorizing the Governing Board to make premium payments
for such coverage in 'an amount such Governing Board
determines to be necessary to provide such coverage;
5. Government Code Section 990.8, permitting two or more
cities to enter into an agreement to jointly fund such
expenditures under the authority of Government Code
Sections 6500 -6515;
6. Government Code Section 6500 -6515, permitting two or more
cities to jointly exercise under an agreement any power
which is common to each of them.
NOW, THEREFORE, for and
covenants, and agreements
agree as follows:
in consideration of the mutual benefits,
set forth in this Agreement, the parties
- 1 - 'tIQA
F
t_ASER 1MAG
0
L]
ARTICLE I. CREATION OF THE INDEPENDENT CITIES RISK MANAGEMENT
AUTHORITY.
Pursuant to Article I (commencing with Section 6500) of Chapter 5
of Division 7 of Title 1 of the Government Code of the State of
California, the parties hereto hereby create a public entity
separate and apart from the parties to this Agreement, to be known
as the Independent Cities Risk Management Authority, hereinafter
referred to as the "Authority ". Pursuant to Government Code
Section 6508.1, the debts, liabilities, and obligations of the
Authority shall not constitute debts, liabilities, or obligations
of any party to this Agreement. A Member City may separately
contract for or assume responsibility for specific debts,
liabilities, or obligations of the Authority. Pursuant to and to
the extent required by Government Code Section 6509, the Authority
shall be restricted in the exercise of its powers in the same
manner as the City of Manhattan Beach is restricted in its exercise
of similar powers provided that, if the City of Manhattan Beach
shall cease to be a Member City, then the Authority shall be
restricted in the exercise of its power in the same manner as the
City of San Fernando.
ARTICLE II. PURPOSE.
The purpose of creating this Authority is to exercise the powers of
the Member Cities to jointly accomplish the following:
A. Develop effective Risk Management Programs to reduce the amount
and frequency of their losses.
B. Develop Risk Management Programs of insurance to protect Member
Cities from the effects of catastrophic or unexpected losses.
Such programs shall include, but not be limited to, coverages
for losses arising out of Tort Liability, Workers'
Compensation, Health Benefits, and the ownership or use of real
or personal property.
C. Design Risk Management Programs of the Authority on a pooled or
self- funded basis whereby the cities share some portion, or
all, of the costs of the program losses.
D. Jointly purchase insurance, excess insurance, or reinsurance
for the purpose of transferring risk of loss to commercial
insurers.
E. Assist Member Cities to secure a long -term financial base from
the issuance of Certificates of Participation. The revenues
generated from the Certificates of Participation will be used
for the purpose of establishing and maintaining sufficient
unencumbered financial reserves, thereby enabling the Authority
to provide adequate protection to Member Cities against
catastrophic, or greater than expected, claims, and to attract
major reinsurers for the purpose of transferring risk.
- 2 LASER IMAGED ' � 5
F. Jointly secure administrative and other services including, but
not limited to, underwriting, risk management, loss prevention,
claims adjusting, data processing, brokerage, accounting, and
legal services when related to any of the other purposes.
ARTICLE III. DEFINITIONS
The following definitions shall apply to the provisions of this
Agreement and the By -Laws of the Risk Management Committee:
A. "Agreement" shall mean this Agreement creating the Independent
Cities Risk Management Authority.
B. "Board" or "Governing Board" shall mean the governing body of
the Authority.
C. "By -Laws" shall mean the rules governing the management of each
risk by the individual Risk Management Committee.
D. "Claim(s)" shall mean demand(s) made against the Member Cities
arising out of occurrences which are covered or alleged to be
covered by the Authority's Memorandums of Coverage, or policies
of insurance.
E. "Fiscal Year" shall mean the period of time from the date of
this Agreement to June 30, 1986, and thereafter ending on
June 30 each following year.
F. "ICRMA" shall mean the Independent Cities Risk Management
Authority created by this Agreement.
G. "Insurance" shall mean insurance purchased by the Authority to
cover losses for its Member Cities.
H. "Member City" shall mean any Municipal Corporation or any Joint
Powers Authority, whose membership consists only of Municipal
Corporations, which is a party to this Agreement and is
participating in one or more -Risk Management Committees.
I. "Memorandum of Coverage" shall mean the document or documents
issued by the Authority specifying the types of coverages and
limits provided to the Member Cities.
J. "Program Year" shall mean a period of time determined, usually
twelve months, in which each program shall be segregated for
ease in determining coverage premiums.
R. "Participation" or "Participating" shall mean a Member City has
elected to jointly participate in the management of a specific
risk and is a member of that Risk Management Committee.
L. "Risk Management" shall mean the process of identifying,
evaluating, reducing, transferring, and eliminating risks.
Risk management includes various methods of funding claims
3 LASER 1MAGEt? , y 3
0 9
payments, purchasing insurance, legal defense of claims,
controlling losses, and determining self- insured retention
levels and the amount of reserves for potential claims.
M. "Risk Management Committee" shall mean those Committees created
by the Authority to manage specific Risk Management Programs,
i.e. "Liability Risk Management Committee ".
N. "Risk Management Program" shall mean the programs of risk
sharing, insurance, and risk management services established by
the Authority and managed by the Risk Management Committee.
ARTICLE IV. PARTIES To AGREEMENT.
Each Member City represents and warrants that it intends to, and
does hereby, contract with all other Member Cities listed in
Appendix "A", and any new members admitted to the Authority
pursuant to Article XVII. Each Member City also represents and
warrants that the withdrawal or expulsion of any Member City,
pursuant to Article XIV or XV, shall not relieve any Member City of
its rights, obligations, or duties under this Agreement.
ARTICLE V. GOVERNING BOARD.
The Authority shall be governed by a Governing Board comprised of
one Representative from each Member City. The City Council of each
Member City shall appoint a member of the City Council as the
Member City's Representative to the Governing Board. Each Member
City shall also designate an alternate Representative. The
alternate Representative may be a staff officer of --the Member City.
Each Representative of the Governing Board has one vote. The
alternate Representative may vote at meetings of the Governing
Board in the absence of the Member City's Representative.
Immediately upon admission of a new Member City pursuant to
Article XVII, the Member City shall be entitled to appoint a
Representative and alternate Representative to the Governing
Board.
A Representative and /or alternate Representative shall be removed
from the Governing Board upon the occurrence of any one of the
following events: (1) the Authority receives written notice from
the appointing Member City of the removal of the Representative of
alternate Representative; (2) the expulsion or withdrawal of the
Member City from this Agreement; (3) the death or resignation of
the Representative; (4) the Authority receives the written notice
from the Member City that the Representative is no longer a member
of the City Council of the Member City.
Representatives and their alternate
compensation. The Governing Board may
expenses incurred by Representatives, or
- 4 -
s are not entitled to
authorize reimbursement of
their alternates.
LASER IMAGED 1
Pursuant to Government Code Section 6505.6, the Authority shall
designate an officer or employee, or officers and employees, to
receive, deposit, invest, and disburse the property of the
Authority pursuant to Government Code Sections 6505 and 6505.5.
The authority shall fix the amount of the fidelity bond to be filed
by such public officer(s) and /or employee(s).
ARTICLE VI. BOARD MEETINGS AND RECORDS.
A. Regular Meetings. The Governing Board shall hold at least one
regular meeting each quarter of each year. The Governing Board
shall fix by resolution the date upon which, and the hour and
place at which, each regular meeting is to be held.
B. Ralph M. Brown Act. Each meeting of the Governing 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 54050
et. seq. of the Government Code).
C. Minutes. The Authority shall have minutes of regular,
adjourned regular, and special meetings kept by the Secretary.
As soon as possible after each meeting, the Secretary shall
forward to each Governing Board member and each City Clerk
copies of the minutes.
D. Quorum. A majority of the members of the Governing Board is a
quorum for the transaction of business. However, less than a
quorum may adjourn from time to time. A vote of the majority
of a quorum at a meeting is sufficient to take action.
ARTICLE VII. OFFICERS.
The Governing Board shall elect a president and vice - president from
among its members at its first meeting. Thereafter, in the last
meeting in each succeeding fiscal year, the Governing Board shall
elect a president and a vice- president. Each officer shall assume
the duties of his office upon election. If either the president or
vice- president cease to be a member, the resulting vacancy shall be
filled at the next regular meeting of the Governing Board held
after the 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
Governing Board. The Governing Board shall appoint a secretary and
a treasurer of the Authority who may, but need not be, a member of
the Governing Board. The Governing Board may appoint such other
officers as it considers necessary.
ARTICLE VIII. POWERS.
The Authority shall have the powers common to its Member Cities and
is authorized, in its own name, to do all acts necessary to
exercise such common powers to fulfill the purposes of this
Agreement referred to in Article II including, but not limited to,
each of the following:
- 5 - LASER IMAGED
1.63
0 9
A. Finance through the issuance of Certificates of Participation,
or other instruments of indebtedness, self- insurance reserve
funds necessary or convenient for the implementation of this
Agreement.
B. Incur debts, liabilities, and obligations.
C. Acquire, hold, or dispose of real and personal property.
D. Receive contributions and donations of property, funds,
services, and other forms of assistance from any source.
E. Sue and be sued in its own name.
F. Employ agents and employees.
G. Acquire, construct, manage, maintain, or operate buildings,
works, or improvements.
H. Lease real or personal property, including that of a Member
City.
I. Receive, collect, and disburse monies.
J. Invest money in the treasury of the Authority in the same
manner and on the same conditions as local agencies pursuant to
Government Code Section 53601.
K. Exercise all other powers necessary and proper to carry out the
provisions of this Agreement.
L. Develop and implement Risk Management Programs.'
M. Jointly purchase for the benefit of Member Cities, insurance,
excess insurance, reinsurance, and enter into agreements for
the benefit of Member Cities, for the purpose of transferring
risk of loss to commercial insurers or reinsurers or other
insurance pools.
ARTICLE I %. RISK MANAGEMENT COMMITTEES.
The Governing Board shall by resolution establish a Risk Management
Committee for each Risk Management Program implemented by the
Authority. Each Member City which elects to participate in a Risk
Management Program will automatically become a member of that Risk
Management Committee.
Each created committee shall not become operational, or possess any
authority, until their proposed By -Laws have been approved by the
Governing Board. The voting on the approval of By -Laws shall be
restricted to members of the Governing Board representing cities
who are members of the particular Risk Management Committee. A
two- thirds vote of these members is required for approval of the
By -Laws. On approval of the By -Laws, the various Risk Management
6 -
LASER IMAGED a .
0 •
Committees shall become operational and will have all of the powers
specifically delegated to it by the Governing Board. When entering
into any transactions authorized by the Governing Board, the
committee shall use the committee title and refer to the Authority,
i.e. a contract entered into by the Workers' Compensation Risk
Management Committee of the Independent Cities Risk Management
Authority.
ARTICLE R. MEMBER CITY RESPONSIBILITIES.
Each Member City participating in a Risk Management Program shall
have the following responsibilities:
A. To appoint or remove its member of the Governing Board as set
forth in Article V.
B. To appoint or remove its member to the
Committee.
C. To approve amendments to this Agreement
Article XX.
ARTICLE RI. BUDGET.
Risk Management
as set forth in
The Board shall adopt an annual budget as soon as possible for the
first Fiscal Year and not later than thirty days prior to the
beginning of each Fiscal Year thereafter.
The Governing Board shall cause an annual financial audit of the
accounts and records to be made by a Certified Public Accountant in
compliance with California Government Code Sections 6505 and 6505.5
or 6505.6 with respect to all receipts, disbursements, other
transactions, and entries into the books of the Authority. 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. A report of each audit shall be filed as a public
record with each of the Member Cities and also with the county
auditor of the county in which each of the contracting parties is
located. The report shall be filed within twelve months of the
fiscal year under examination. The Authority shall pay all costs
of such financial audits.
ARTICLE RIII. ESTABLISHMENT AND ADMINISTRATION OF FUNDS.
Funds of the Authority may be comingled for investment and
administration purposes. However, each Risk Management Program
shall be accounted for separately on a full accrual basis.
Warrants shall be drawn to pay demands against the Authority. Said
warrants shall be- signed by both the President, Secretary or
Treasurer and an agent, employee or general manager of the
Authority.
7
LASER IMAGED T70
The coverage for each Program Year of each Risk Management Program
shall be as specified in the Memorandum of Coverage or policies of
insurance for that Program Year of the Risk Management Program.
Subject to approval by the Governing Board, which approval shall
not be unreasonably withheld, each Member City shall have the
ability to determine in which Risk Management Program it wishes to
participate.
A. Any Member City which enters a Risk Management Program may
withdraw from that Risk Management Program subject to the terms
and conditions as set forth in the By -Laws of that particular
Risk Management Committee.
B. A Member City is no longer a party to this Agreement upon its
withdrawal from all of the Authority's programs.
C. Any Member City which withdraws as a participant of any Risk
Management Program pursuant to Section B of this Article shall
not be permitted to renew participation in that Risk Management
Program until the expiration of three years from the date of
the Member City's withdrawal.
The Governing Board may expel any
Management Program at any time for
Agreement or the By -Laws. Such expul
Governing Board members representing
Management Program or by the vote
specified in,the By -Laws.
Member City from a Risk
material breaches of this
sion must be approved by the
Member Cities in that Risk
requirements•, for expulsion
The withdrawal or expulsion of any Member City after the inception
of its participation in the Risk Management Program shall not
terminate its responsibility for the years that the Member City
participated in any Risk Management Program.
PA 1�4 4A�K 0 •
This Agreement shall continue until terminated. However, it cannot
be terminated until such time all principal for the Certificates of
Participation shall have been retired. Thereafter, this Agreement
may be terminated by vote or written consent of two - thirds of the
Member Cities provided, however, that this Agreement and the
Authority shall continue to exist for the purposes of disposing all
claims, the distribution of assets, and any other functions
necessary to conclude the affairs of the Authority.
Upon termination of this Agreement, all assets of the Authority
shall be distributed only among the parties that have been
participants in its Risk Management Programs, including any of
those parties which previously withdrew or were expelled pursuant
to Articles of this Agreement, in accordance with and proportionate
- S -
LASER IMAGED 1 . 'I
to their net premium payments made during the term of this
Agreement. The Governing Board shall determine such distribution
within six months after the last claim covered by this Agreement
has been finalized.
The Governing Board is vested with all powers of the Authority for
the purpose of concluding and dissolving the business affairs of
the Authority. These powers shall include the power to require
those Member Cities which were Risk Management Program participants
at the time of any particular occurrence which was covered or
alleged to be covered under the Memorandum(s) of Coverage or
policies of insurance to pay their share of any additional amount
of premium deemed necessary by the Governing Board for the final
disposition of all claims and expenses associated with such loss.
s_ ;u_ Y
With the approval of two - thirds of the Governing Board, any
qualified city may become a party to this Agreement. Continuing or
new membership is restricted to cities who are members of the
Independent Cities Association and are located in the State of
California. A city requesting membership shall apply by presenting
to the Authority a resolution of the City Council's approval of the
Joint Exercise of Powers Agreement and the individual Risk
Management Committee By -Laws that the city intends to join. The
date that the applying city will become a Member City will be
determined by the Governing Board.
Each Member City agrees to indemnify and save the Authority and all
other Member Cities harmless from and against all claims, losses,
and damages; including legal fees and expenses, arising out of any
breach or default on the part of such Member City in performance of
any of its obligations under this Agreement, or any act or
negligence of such Member City or any of its agents, contractors,
servants, employees or licensees with respect to this Agreement.
No indemnification is made under this Section for claims, losses or
damages, including legal fees and expenses, arising out of the
willful misconduct, negligence or breach of duty under this
Agreement by the Authority or a Member City or their officers,
employees, agents or contractors.
The Representatives to the Governing Board and to each of the Risk
Management Committees and any officer, employee, contractor, or
agent of the Authority shall use ordinary care and reasonable
diligence in the exercise of their power and in the performance of
their duties under this Agreement.
Funds of the Authority may be used to defend, indemnify, and hold
harmless the Authority and any member of the Governing Board, any
member of the Risk Management Committee, and any employee of the
Authority for their actions taken within the scope of their duties
- 9 -
LASER IMAGED f'?
0 9
while acting on behalf of the Authority. Nothing herein shall
limit the right of the Authority to purchase insurance to provide
such coverage as is hereinabove set forth.
ARTICLE RI R. NOTICES.
Notices under this Agreement shall be sufficient if delivered to
the office of the City Clerk of the Member Cities.
ARTICLE RR. AMENDMENTS TO THIS AGREEMENT AND COMMITTEE BY -LAWS.
This Agreement may be amended at any time by vote of two - thirds of
the Member Cities acting through their City Council. Amendments to
the individual Risk Management Committee By -Laws require two -third
vote of the Governing Board members representing cities who are
members of that Risk Management Committee.
Should any portion, term, condition, or provision of this Agreement
be decided by a court of competent jurisdiction to be illegal or in
conflict with any law of the State of California, or be otherwise
rendered unenforceable or ineffectual, the validity of the
remaining portions, terms, conditions, and provisions shall not be
affected thereby.
The foregoing constitutes the full and complete Agreement of the
parties. There are no oral understandings or agreements not set
forth in writing herein.
vY. * i
This amended Agreement shall become effective upon the Authority
receiving notice of the approval by the City Council of two - thirds
of the Member Cities.
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LASER iMAGF
0 0
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
as of the day and year first written above.
Executed before me this
City of
day of
City Clerk
City of
By
Title
199
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(City Seal)
LASER IMAGED ", .�
1
INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY
MEMBER CITIES
1.
Alhambra
16.
Hermosa Beach
2.
Arcadia
17.
Huntington Park
3.
Azusa
18.
Indio
4.
Baldwin Park
19.
Inglewood
5.
Bell
20.
Lynwood
6.
Colton
21.
Manhattan Beach
7.
Costa Mesa
22.
Monrovia
8.
Culver City
23.
Monterey Park
9.
Downey
24.
Redondo Beach
10.
E1 Monte
25.
San Fernando
11.
E1 Segundo
26.
South Gate
12.
Fullerton
27.
Upland
13.
Gardena
28.
Vernon
14.
Glendora
29.
West Covina
15.
Hawthorne
30.
Whittier
12 -
L 360 -/0
/�j 5 SSSG
s RESOLUTION NO. 5556
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORNIA APPROVING AN AMENDMENT
TO THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY
JOINT POWERS AGREEMENT TO PROVIDE FOR THE ADMITTANCE
TO MEMBERSHIP OF THE CITIES OF COSTA MESA, EL SEGUNDO,
UPLAND AND DESIGNATING CITY REPRESENTATIVES
WHEREAS, the City of Arcadia (the "City,,) is a municipality
duly organized and existing under the Constitution and laws of the
State of California (the "State "),
WHEREAS, the Cities of Alhambra, Arcadia, Azusa, Baldwin Park,
Bell, Colton, Culver City, Downey, El Monte, Gardena, Glendora,
Hawthorne, Hermosa Beach, Huntington Park, Indio, Inglewood,
Lyndwood, Manhattan Beach, Monterey Park, Monrovia, Redondo Beach,
San Fernando, South Gate, Vernon, West Covina and Whittier,
California are the current members of the Independent Cities risk
Management Authority ( "ICRMA");
WHEREAS, the Cities of Costa Mesa, E1 Segundo, and Upland,
California, have applied for membership in ICRMA and such
membership is contingent upon approval by the existing member
cities, compliance with the provisions of the Independent Cities
Risk Management Authority Joint Powers Agreement and the conditions
of admittance as determined by the governing board of ICRMA; and
WHEREAS, this City Council is of the view that permitting
additional qualified members to membership in ICRMA benefits this
City and all of the member cities;
NOW, THEREFORE, be it resolved by the City Council of the City
of Arcadia as follows:
- 1 -
5556
LASER IMAGED
SECTION 1. Approval of Amendments to the Joint Powers
r`
Agreement. Article III, H. of the Joint Powers Agreement is
amended to read as follows:
"Member City" shall mean any Municipal Corporation or any
Joint Powers Authority the membership of which consists only
of Municipal Corporations, which is a party to this agreement
and is participating in one or more Risk Management
Committees.
The second paragraph of Article XIII shall be amended to read as
follows:
Warrants shall be drawn to pay demands against the Authority.
Said warrants shall be signed by both the President, Vice
President or Treasurer of the Authority and an agent, employee
or general manager of the Authority.
SECTION 2. Approval of Amended Joint Powers Agreement
The amendment to the Independent Cities Risk Management Authority
Joint Powers Agreement to admit into membership the Cities of Costa
Mesa, E1 Segundo, and Upland, California, provided that these new
cities comply with all conditions of admittance as determined by
the governing board of ICRMA, is hereby approved.
SECTION 3. City Representation, Robert C. Harbicht,
the Council Member of this City and James S. Dale, Finance Director
of this City, previously designated by this Council as the City's
representative and alternate, respectively, to the Independent
Cities Risk Management Authority governing Board and to the
Liability Risk Management Committee are hereby confirmed and
designated as the City's delegate to the Independent Cities Risk
Management Authority Governing Board for all purposes of
representing the City's interest and exercising the authority of
the City with respect to the Coverage and the program and voting
- 2 -
5556
LASER IMAGED
f
on behalf of the City on all matters delegated to the Governing
Board and signing such amendments as are contemplated to be
approved by the Governing Board and such individuals shall keep
this Council informed of such matters on a timely basis.
SECTION 4. Effective Date This resolution shall take
effect immediately upon its adoption.
SECTION 5. That the City Clerk shall certify to the
adoption of this Resolution.
Passed, approved and adopted this 20th of November 1990.
MARY & YOUNG
Mayor of the City of Arcadia
Attest:
/S/ JUNE D. ALFORD
City Clerk of the City of Arcadia
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )SS:
CITY OF ARCADIA )
I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby
certify that the foregoing Resolution No. 5556 was passed and
adopted by the City Council of the City of Arcadia, signed by the
Mayor and attested to by the City Clerk at a regular meeting of
said Council held on the 20th of November 1990, and that said
Resolution was adopted by the following vote, to wit:
AYES: Councilmember Ciraulo, Fasching, Gilb, Haroicht and Young
NOES: None
ABSENT: None /S/ JUNE D. ALFORD
City Clerk of the City of Arcadia
- 3 -
LASER IMAGED