Resolution - 2005-40RESOLUTION NO.2005-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING THE LIABILITY RISK
COVERAGE AGREEMENT AND THE JOINT POWERS AGREEMENT
CREATING THE BIG INDEPENDENT CITIES EXCESS POOL JOINT
POWERS AUTHORITY, AND AUTHORIZING, RATIFYING, AND
APPROVING CERTAIN OTHER ACTIONS IN CONNECTION
THEREWITH
WHEREAS, The City of West Covina is a municipal corporation organized and existing
under and by virtue of the constitution and laws of the State of California (the "City"); and
WHEREAS, the Cities of Huntington Beach, Oxnard, West Covina, San Bernardino, and
Santa Ana are the current Members of the Big Independent Cities Excess Pool Joint Powers
Authority, a joint exercise of powers entity organized and existing under the laws of the State of
California (the "Authority"); and
WHEREAS, each Member of the authority entered into the certain JOINT POWERS
AGREEMENT CREATING THE BIG INDEPENDENT CITIES EXCESS POOL JOINT
POWERS AUTHORITY, executed and delivered in September 1988, as amended by that certain
FIRST AMENDMENT TO THE JOINT POWERS AGREEMENT, dated November 1, 2003
(altogether the "JPA Agreement'); and
WHEREAS, the Authority entered into the Liability Risk Coverage Agreement dated as of
October 1, 1988 (the "Original Agreement"), as amended by the First Amendment to Liability
Risk Coverage Agreement dated as of December 1, 1988 (the "First Amendment"), by and
among the Authority and the Cities of Huntington Beach, Oxnard, Pomona, San Bernardino, and
Santa Ana, and by Resolution No. 95-1, adopted by the Board of Directors of the Authority on
November 25, 1995 (the "Second Amendment"), and the Third Amendment to Liability Risk
Coverage Agreement, dated November 1, 2003 (the "Third Amendment") (the Original
Agreement, as amended by the First Amendment, the Second Amendment, and the Third
Amendment, is referred to herein as the "Agreement"); and
WHEREAS, the Members desire to expand the eligibility for membership and participation
to allow any public agency, as the term is defined in Section 6500 of the Joint Powers Law, to join
the Authority; and
WHEREAS, in connection with the expanded eligibility for admission of a new Member
under the JPA Agreement and of a new Participant under the Agreement, certain provisions of the
JPA Agreement and the Agreement, respectively, are required to be amended, supplemented, or
waived, as applicable; and
WHEREAS, the City proposes to enter into the Second Amendment to the JPA Agreement
(the "Second Amendment to JPA") by and among the current Members to provide for the
expansion of eligibility for membership in the Authority; and
WHEREAS, the City proposes to enter into a Fourth Amendment to Liability Risk
Coverage Agreement (the "Fourth Amendment") by and among the Authority and the Cities of
Huntington Beach, Oxnard, San Bernardino, Santa Ana, and West Covina, to provide for the
expansion of eligibility for participation in the Authority; and
• WHEREAS, the City desires to approve, ratify, and confirm in all respects all precious
actions taken by the City or any member of this City Council of this City (the "City Council")
or any other officer or staff member of the City with respect to the foregoing; and
Resolution No. 2005-40
July 5, 2005
WHEREAS, the forms of the following documents are on file with the City Clerk of the
City (the "City Clerk") and have been submitted to this City Council, and the Risk Manager of
the City (the "Risk Manager"), in consultation with the City Attorney of the City (the "City
is Attorney"), has examined and approved each document and has recommended that this City
Council direct the completion, where appropriate, and the execution and deliver of such
documents:
(a) the Second Amendment to the Joint Powers Agreement;
(b) the Fourth Amendment to the Liability Risk Coverage Agreement.
NOW, THEREFORE, the City Council of the City of West Covina does hereby find,
determine, resolve and order as follows:
SECTION 1. The foregoing recital, and each of them, are true and correct.
SECTION 2. The Second Amendment to the JPA Amendment is approved in
substantially the form presented at this meeting. The Mayor is hereby authorized and directed,
for and in the name of the city, to execute and deliver the Second Amendment to the JPA and
such approval to be conclusively evidenced by the execution and delivery thereof.
SECTION 3. The Fourth Amendment is approved in substantially the form presented at
this meeting. The Mayor is hereby authorized and directed, jointly and severally, to do any and
all things and to execute and deliver any and all documents necessary or proper for carrying out
the transactions contemplated by this Resolution or any of the documents referred to herein.
SECTION 4. The Mayor, The City Clerk, the City Attorney, and any other proper
officer of the City are hereby authorized and directed, jointly and severally, to do any and all
things and to execute and deliver any and all documents necessary or proper for carrying out the
transactions contemplated by this Resolution or any of the documents referred to herein.
SECTION 5. Any document, the execution of which by the Mayor, the City Clerk, the
City Attorney, or any other proper officer of the City is authorized by this Resolution, shall, in
the absence or inability to act of such officer, be executed by any authorized designee of such
officer, such authorization to be given in writing.
SECTION 6. All actions previously taken by this City Council and by the officers and
staff of the City with respect to,the matters addressed by this Resolution are hereby approved,
ratified, and confirmed in all respects.
SECTION 7. This Resolution shall take effect from and after its date of adoption.
APPROVED AND ADOPTED on this 5"h day of July 2005.
ATTEST:
City Clerk Laurie Carrico
2
Mayor Shelley Sanderson
Resolution No. 2005-40
July 5, 2005
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify
that the foregoing resolution was duly adopted by the City Council of the City of West Covina,
California, at a regular meeting thereof held on the 5`h day of July 2005, by the following vote of
• the City Council:
AYES: Herfert, Hernandez, Miller, Wong, Sanderson
NOES: None
ABSENT: None
ABSTAIN: None
r
City Clerk Laurie a co
APPROVED AS TO FORM:
City'Arn d Alvarez-Glasman
Y q