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Resolution 11566CITY OF ALAMEDA RESOLUTION NO. 11566 APPROVING AND RATIFYING AMENDMENT TO THE JOINT POWERS AGREEMENT CREATING THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY WHEREAS, this agency has executed the Joint Powers Agreement creating the California Joint Powers Authority, and is a member thereof; and WHEREAS, the Board of Directors of California Joint Powers Insurance Authority met and approved a proposal to amend Article IV, XVIII and XIX of the Agreement; and WHEREAS, this agency is in accord with the amendments, finds them to be compatible with the general purposes of the entire agreement, and finds that they should be adopted; and WHEREAS, it is in the best interest of this agency to approve and ratify the amendment to the Joint Powers Agreement. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alameda that said Council hereby approves and ratifies the action taken by other members to make such amendments effective, hereby adopts such amendments, and authorizes execution on behalf of this agency of any further instrument constituting an amendment of the agreement, or the entire agreement as amended, or other appropriate form of instrument tendered for signature and filing to make effective the provisions of ARTICLES IV, XVIII and XIX of the Joint Powers Agreement in the form attached hereto. ARTICLE IV PARTIES TO AGREEMENT Each party of this Agreement certifies that it intends to, and does contract with, all other parties who are signatories of this Agreement and, in addition, with such other parties as may later be added as parties to, and signatories of, this Agreement pursuant to ARTICLE XVIII. Each party to this Agreement also certifies that the deletion of any party from this Agreement, pursuant to ARTICLE XIX or XX, shall not affect this Agreement nor the remaining parties' intent to contract as described above with the other parties to the Agreement then remaining. Each party of this Agreement must, at all times, participate in at least one pooled self-insurance layer of the Auto and General Liability Program as defined in Article XI of the ByLaws. ARTICLE XVIII NEW MEMBERS The Board shall review all new member applications and determine which entities shall be accepted for participation in each layer of each of the Authority's Programs, except when rejected by one-third or more of the Member Entities in any layer of any Program in which the prospective member applies to participate. Entities entering under this Article shall be required to pay their share of organizational expenses as determined by the Board, including those necessary to analyze their loss data and determine their premiums. -1- ARTICLE XIX WITHDRAWAL A. A Member Entity which enters any Pooled Coverage Program or any layer thereof shall not withdraw from that Program or any layer or as a party to this Agreement for a three-year period commencing with its entrance into said Program. B. At the conclusion of the initial three-year noncancellable commitment to any Pooled Coverage Program or any layer(s) of a Pooled Coverage Program, a Member Entity shall continue to participate with successive two-year noncancellable commitments until such time as withdrawal, pursuant to Section C. is effected. C. After the initial three-year noncancellable commitment to any layer(s) of a Pooled Coverage Program a Member Entity may withdraw from said layer(s) only at the end of said Pooled Coverage Program's Program Year, provided it has given the Authority a six-month written notice of its intent to withdraw from said layer(s), and further provided that the proposed withdrawal date coincides with the end of the Member Entity's current noncancellable commitment. A Member Entity may withdraw from a Pooled Coverage Program only upon its withdrawal from all layers of such Pooled Coverage Program. D. Any Member Entity which withdraws as a participant of any Program pursuant to Section C. of this ARTICLE shall not be -2- reconsidered for three years from the Member Entity's withdrawal. E. Notwithstanding any provision herein to the contrary no Member may withdraw from the Liability program entirely and remain a Member of the Authority. I, the undersigned, hereby certify that the foregoing was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 4th of October, 1988, by the following vote to wit: AYES: CounciFmembers Arnerich, Monsef, Thomas and President Corica - 4. NOES: None. ABSENT: Councilmember Camicia - 1. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 5th day of October, 1988.