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Resolution No. 8921 1 2 3 RESOLUTION NO. 8921 4 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON DECLARING ITS INTENT TO WITHDRAW FROM THE ICRMA AND FORM A JOINT POWERS AUTHORITY WITH THE CITY OF BELL, AUTHORIZING AND APPROVING CERTAIN DOCUMENTS IN CONNECTION WITH THE CREATION AND IMPLEMENTATION OF THE AUTHORITY AND AUTHORIZING CERTAIN OTHER MATTERS RELATING THERETO 6 7 8 WHEREAS, the City of Vernon is a municipality duly organized 9 and existing under the Constitution and laws of the State of California 10 and under the Charter of the City; and 11 WHEREAS, on April 21, 2004, the City Council of the City of 12 Vernon adopted Resolution No. 8437 approving and ratifying the City's 13 withdrawal from the Independent Cities Risk Management Authority 14 ("ICRMA") Liability Pool and Property Insurance Program; and 15 WHEREAS, the City of Vernon currently handles its risk 16 management for workers' compensation insurance claims through the 17 ICRMA; and 18 WHEREAS, the City of Vernon desires to form a strategic 19 partnership with the City of Bell to capitalize on the proximity of 20 the two cities and mutual goals in the development and service of the 21 respective communities; and 22 WHEREAS, on November 16, 2005, the City Council of the City 23 of Vernon adopted Resolution No. 8910 authorizing the City Attorney 24 and the Acting Risk Manager to take all steps necessary regarding the 25 implementation of a joint powers arrangement with the City of Bell; 26 and 27 WHEREAS, effective July 1, 2006, the City of Vernon will 28 begin the new fiscal year for the ICRMA; and 1 WH~REAS, the City of Vernon is required to give written 2 notice of its intent to withdraw from the ICRMA and its Workers' 3 Compensation Program on or before December 31, 2005; and 4 WHEREAS, the Cities of Bell and Vernon both have exemplary 5 claims loss histories which exceed the claims loss histories of other 6 members of the ICRMA and the ICRMA as a whole; and 7 WHEREAS, the long-term administrative costs of claims 8 handling for the Cities of Bell and Vernon would be reduced by 9 withdrawing from the ICRMA and becoming a member in a different joints 10 powers authority; and 11 WHEREAS, the Cities of Bell and Vernon have agreed to form a 12 new Joint Powers Authority entitled "Pacific Coast Joint Powers 13 Authority" for the purpose of jointly participating in the Authority, 14 creating Risk Management Programs for the Authority, seeking new 15 members for the Authority, and soundly investing the funds of the 16 Authority for the benefit of its members; and 17 WHEREAS, pursuant to the California Joint Exercise of Powers 18 Act, consisting of Sections 6500 through 6599.2 of the Government Code 19 of the State of California (the "Joint Powers Act"), two or more 20 public agencies may enter into an agreement to establish an agency to 21 exercise any power common to the contracting agencies; and 22 WHEREAS, the City Council of the City of Vernon does not by 23 this resolution relinquish any of its duly constituted powers to 24 regulate and govern its own territory; and 25 WHEREAS, a form of the Pacific Coast Joint Powers Authority 26 Joint Exercise of Powers Agreement for Insurance and Risk Management 27 Purposes has been filed with the Acting City Clerk of the City and the 28 members of this City Council, with the assistance of City staff, have - 2 - 1 reviewed said form of the Agreement. 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 3 CITY OF VERNON AS FOLLOWS: 4 SECTION 1: The City Council of the City of Vernon hereby 5 finds and determines that the recitals contained hereinabove are true 6 and correct. 7 SECTION 2: The City Council of the City of Vernon hereby 8 authorizes the Acting Risk Manager to give notice to the ICRMA on or 9 before December 31, 2005, of the City of Vernon's intent to withdraw 10 from the ICRMA and its Workers' Compensation Program for the fiscal 11 year beginning on July 1, 2006. 12 SECTION 3: The City Council of the City of Vernon hereby 13 approves the Joint Exercise of Powers Agreement, in substantially the 14 form on file with the Acting City Clerk. Each of the Mayor and the 15 Mayor Pro Tern, acting singly, is hereby authorized and directed to 16 execute and deliver the Agreement with such changes, insertions and 17 omissions as may be approved by the official executing the Agreement, 18 and the Acting City Clerk is hereby authorized and directed to attest 19 thereto. 20 SECTION 4: The members of this City Council, the Acting 21 City Clerk, the City Attorney, the Acting Risk Manager and any other 22 proper officers and officials of the City are hereby authorized and 23 directed to execute and deliver such other agreements, documents and 24 certificates, and to perform such other acts and deeds, as may be 25 necessary or convenient to effect the purposes of this Resolution and 26 the transactions herein authorized. 27 SECTION 5: On or before June 1, 2006, the Cities of Bell 28 and Vernon shall cause to exist a Joint Powers Authority for the - 3 - 25 26 27 28 1 purposes of pooling funds to cover general liability and workers' 2 compensation injury claims. The Cities of Bell and Vernon shall 3 establish Risk Management Programs to cover general liability and 4 workers' compensation injury claims, such programs utilizing excess 5 insurance, reinsurance, or excess insurance pools to cover claims 6 exceeding the pooling amounts set forth in the Risk Management 7 Programs. 8 SECTION 6: The Joint Powers Authority shall be for the 9 purpose of establishing risk sharing and insurance pools in which 10 members of the authority may participate. Concomitant with this 11 purpose is the sound fiduciary management of administrative and 12 reserve funds, and the establishment of programs designed to reduce 13 the liability of members for injury claims. 14 SECTION 7: Unless otherwise barred by the California 15 Secretary of State, the Joint Powers Authority shall be called the 16 "Pacific Coast Joint Powers Authority." 17 SECTION 8: The Acting City Clerk of the City of Vernon 18 shall certify to the passage of this resolution, and thereupon and 19 thereafter the same shall be in full force and effect. 20 APPROVED AND ADOPTED this 7th day of December, 2005. 21 22 23 ~7u:~~~~'-7.--? ./" LEONIS C. MALB G, Mayor ~. 24 ATTEST: ~. ~ BRUCE V. MALKENHORST, JR. Acting City Clerk - 4 - 18 19 20 21 22 23 24 25 26 27 28 > . . - 1 STATE OF CALIFORNIA ss 2 3 4 5 6 COUNTY OF LOS ANGELES I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 8921, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, December 7, 2005, and thereafter was duly signed by the Mayor of the City of Vernon. 7 8 9 10 11 12 BRUCE V. MALKENHORST, JR. Acting City Clerk 13 (SEAL) 14 15 16 17 - 5 - SUPPORTING DOCUMENTS rQ)~~[Fr K.M 'y'1"zj t'zJ1-/~ rQ) ~r PACIFIC COAST JOINT POWERS AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT FOR INSURANCE AND RISK MANAGEMENT PURPOSES This Joint Exercise Of Powers Agreement For Insurance and Risk Management Purposes ("Agreement"), dated July 1, 2006, is executed by and among the public entities, hereafter referred to as Member or Members, each of which is organized and 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. 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; 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 JOINT POWERS 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 Members hereby create a public entity, separate and apart from the Members, to be known as the Pacific Coast Joint Powers Authority, hereinafter referred to as "PCJPA" 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. 853\02\jointexerciseagmt.jpa 2 PACIFIC COAST JPA JOINT EXERCISE OF POWERS AGREEMENT 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 2.1.2 2.1.3 2.1.4 853\02\jointexerciseagmt.jpa Develop effective Risk Management Programs to reduce the amount and frequency of their losses. 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. Operate and maintain a cooperative program of self-insurance, jointly purchased insurance and risk management, and provide a forum for the discussion, study, development, and implementation of procedures of mutual benefit in risk sharing and risk management programs, where such programs are implemented to fully or partially share risk among members. Jointly purchase insurance, excess insurance, or reinsurance and/or develop alternative financial arrangements for the purpose of transferring risk of loss to commercial insurers. 3 PACIFIC COAST JPA JOINT EXERCISE OF POWERS AGREEMENT 2.1.5 2.1.6 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. 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 3.1.2 3.1.3 853\02\jointexerciseagmt.jpa "Agreement" shall mean this Agreement, as it may be amended from time to time, creating the Pacific Coast Joint Powers Authority. "Board" or "Governing Board" shall mean the governing body of the Authority. "By-Laws" shall mean the rules governing the management of the Authority and the individual Risk Management Program(s) established hereunder. 4 PACIFIC COAST JPA JOINT EXERCISE OF POWERS AGREEMENT 3.1.4 3.1.5 3.1.6 3.1.7 3.1.8 3.1.9 853\02\jointexerciseagmt.jpa "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, Programs of Coverage, or policies of Insurance. "Fiscal Year" shall mean the period of time commencing on July 1 of each year, and thereafter ending on June 30 each following year. "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. "Charter Member" shall mean the founding Members of the Authority. "Insurance" shall mean insurance or reinsurance purchased by the Authority to cover losses for its Members. "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. 5 PACIFIC COAST JPA JOINT EXERCISE OF POWERS AGREEMENT 3.1.10 3.1.11 3.1.12 3.1.13 3.1.14 3.1. 15 853\02\jointexerciseagmt.jpa "Memorandum of Coverage" shall mean the document or documents issued by the Authority specifying the types of coverages and limits provided to the Members. "Program Year" shall mean a period of time in which each program shall be segregated for ease in determining coverage premiums. "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. "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. "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" . "Authority" or "PCJPA" shall mean the Pacific Coast Joint Powers Authority. 6 PACIFIC COAST JPA JOINT EXERCISE OF POWERS AGREEMENT 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 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. Each Member representative, or their alternate, shall have one vote on the Governing Board. 853\02\jointexerciseagmt.jpa 7 PACIFIC COAST JPA JOINT EXERCISE OF POWERS AGREEMENT I 5.2 The Member Representative and/or alternate Representative or substitute alternate Representative shall be removed from the Governing Board upon the occurrence of anyone 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 designated representative 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). 5.4 The Governing Board shall have the power to vote, enact or otherwise determine any matter of the Authority which is not inconsistent with statute or this Agreement. The Governing Board may delegate matters of day-to-day operation to the Officers, Member representatives, or other employees of the Authority or the Member(s). ARTICLE 6. BOARD MEETINGS AND RECORDS 6.1 Reqular Meetinqs. The Governing Board and all standing committees shall hold. meetings at the location and time set forth in the By-Laws of the Authority and each individual Risk Management Program. 853\02\jointexerciseagmt.jpa 8 PACIFIC COAST JPA JOINT EXERCISE OF POWERS AGREEMENT 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. 7.1.1 Prior to the acceptance of the third Member of the PCJPA, the Vice President and Treasurer shall not be allowed a vote on the Governing Board, and the Members shall select someone other than a voting member to fill these positions. 853\02\jointexerciseagmt.jpa 9 PACIFIC COAST JPA JOINT EXERCISE OF POWERS AGREEMENT 7.1.2 7.1.3 Prior to the acceptance of the fourth Member of the PCJPA, the Vice President shall not be allowed a vote on the Governing Board, and the Members shall select someone other than a voting member to fill this position. In the event that the membership decreases to less than four Members, the above articles shall be in effect as though the number of Members never increased above the number of current Members. 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 8.1.2 8.1.3 8.1.4 853\02\jointexerciseagmt.jpa 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. Incur debts, liabilities, and obligations. Acquire, hold, or dispose of real and personal property. Receive contributions and donations of property, funds, services, and other forms of assistance from any source. 1 0 PACIFIC COAST JPA JOINT EXERCISE OF POWERS AGREEMENT 8.1.5 8.1.6 8.1.7 8.1 .8 8.1.9 8.1.10 8.1.11 8.1.12 8.1.13 853\02\jointexerciseagmt.jpa Sue and be sued in its own name. Employ agents and employees. Acquire, construct, manage, maintain, or operate buildings, works, or improvements. Lease real or personal property, including that of a Member. Receive, collect, and disburse monies. 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. Exercise all other powers necessary and proper to carry out the provisions of this Agreement. Develop and implement Risk Management Programs. 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. 1 1 PACIFIC COAST JPA JOINT EXERCISE OF POWERS AGREEMENT 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 various Risk Management Programs shall become operational and will have all of the powers specifically delegated to them by the Governing Board. 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. 853\02\jointexerciseagmt.jpa 1 2 PACIFIC COAST JPA JOINT EXERCISE OF POWERS AGREEMENT ARTICLE 12. ESTABLISHMENT AND ADMINISTRATION OF FUNDS 1 2.1 Funds of the Authority shall be separated for investment and administration purposes. 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 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. 13.3 When a Member is deemed to have withdrawn from this Agreement, such withdrawal shall not be construed as a completion of the purpose of this Agreement unless such withdrawal occurs in accordance with and appurtenant to Article 1 5 of this Agreement. The withdrawal of a Member shall be subject to the terms and conditions of the individual Risk Management Programs that the Member has participated in, and the eligibility for dividends, assessments, 853\02\jointexerciseagmt.jpa 1 3 PACIFIC COAST JPA JOINT EXERCISE OF POWERS AGREEMENT and return of premium shall be determined in accordance with the terms of the Risk Management Program(s). 13.4 In no event shall a Member give notice of a withdrawal less than six (6) months prior to the beginning of the next fiscal year utilized by the PCJPA. 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. 14.2 When a Member is deemed to have been expelled, such expulsion shall not be construed as a completion of the purpose of this Agreement. The expulsion of a Member shall be deemed a withdrawal from the individual Risk Management Programs that the Member has participated in. The eligibility for dividends, assessments, and return of premium shall be determined in accordance with the terms of the Risk Management Program(s). ARTICLE 15. TERMINATION 15.1 This Agreement shall continue until terminated by a majority of the Members present at any meeting where a quorum exists, 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. 853\02\jointexerciseagmt.jpa 1 4 PACIFIC COAST JPA JOINT EXERCISE OF POWERS AGREEMENT 15.2 Upon termination of this Agreement, all assets of the Authority shall be distributed 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 1 3 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 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. 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. 853\02\jointexerciseagmt.jpa 1 5 PACIFIC COAST JPA JOINT EXERCISE OF POWERS AGREEMENT 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. The Authority shall indemnify, save and defend the Members from any act or negligence of such Member or any of its agents, contractors, servants, employees or licensees with respect to effecting the terms of 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. 853\02\jointexerciseagmt.jpa 1 6 PACIFIC COAST JPA JOINT EXERCISE OF POWERS AGREEMENT 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 notice to the Authority and all other Members. ARTICLE 19. AMENDMENTS TO THIS AGREEMENT AND PROGRAM BY-LAWS 1 9.1 This Agreement may be amended at any. time by a vote of a majority of Members present at a meeting where quorum exists. Amendments to the By- Laws require a vote of a majority of Members present at a meeting where quorum exists. 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. 853\02\jointexerciseagmt.jpa 1 7 PACIFIC COAST JPA JOINT EXERCISE OF POWERS AGREEMENT 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. ARTICLE 22. TERM OF AGREEMENT 22.1 This Agreement shall become effective on January 1, 2006. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY OF BELL By Title Executed before me this _ day of ,200_ (City Seal) City Clerk City of Bell 853\02\jointexerciseagmt.jpa 1 8 PACIFIC COAST JPA JOINT EXERCISE OF POWERS AGREEMENT CITY OF VERNON By Title Executed before me this _ day of 1200_ City Clerk City of Vernon 853\02\jointexerclseagmt.jpa (City Seal) 1 9 PACIFIC COAST JPA JOINT EXERCISE OF POWERS AGREEMENT APPENDIX" A" PACIFIC COAST JOINT POWERS AUTHORITY MEMBER CITIES City of Bell City of Vernon 853\02\jointexerciseagmt.jpa 20 PACIFIC COAST JPA JOINT EXERCISE OF POWERS AGREEMENT CITY COUNCIL LEONIS C.MALBURG ��j7� SOL BENUDIZ Mayor Police Chief THOMAS A.YBARRA 1 MARK C.WHITWORTH Mayor Pm-Tem _ v Acting Fire Chief j WM. "BILL"DAVIS _1L j LEWIS J.POZZEBON Councilman Director of Environmental Health H. "LARRY"GONZALES S.KEVIN WILSON Councilman �""—' -""""�'• °_^--� _ Director of Community Services W.MICHAEL McCORMICK 4305 Santa Fe Avenue, Vernon, California 90058 SHARON L.DUCKWORTH Councilman telephone (323) 583-8811 Acting City Treasurer December 8, 2005 ) [f- Hon. Kelly McDowell, President VIA FAX AND MAIL Independent Cities Risk Management Authority 3760 Kilroy Airport Way, Suite 360 Long Beach, California 90806 RE: CITY OF VERNON ICRMA Workers Compensation Program Dear Mayor McDowell: This letter shall serve as written notice, pursuant to the Fifth Amended ICRMA Joint Exercise of Powers Agreement("JEPA"),the Bylaws of the ICRMA, and the notice provisions of the bylaws of each individual Risk Management Program of ICRMA,that the City of Vernon hereby withdraws its membership in the Authority, including its participation in the Workers Compensation Program,as well as all other ICRMA programs in which the City participates. Pursuant to the terms of Article 5 of the ICRMA Bylaws,this written notice shall serve as the City of Vernon's withdrawal from the ICRMA and all risk management programs, effective the fiscal year beginning July 1, 2006. This notice of withdrawal is unequivocal and made without reservation. By reference to the effective date listed above, it is not intended that this notice have an effective date any later than the earliest date for withdrawal provided under the Joint Powers Agreement and the adopted Bylaws. Vee�ry y truly yours, WILLARD G. Y UC Chief Deputy City ttomey/Acting Risk Manager cc: Bruce V. Malkenhorst, Acting City Clerk ��e(u�tue(� �n�u�trviu( lJ n /r1Fir ID F � G' PACIFIC COAST JOINT POWERS AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT FOR INSURANCE AND RISK MANAGEMENT PURPOSES This Joint Exercise Of Powers Agreement For Insurance and Risk Management Purposes ("Agreement"), dated July 1 , 2006, is executed by and among the public entities, hereafter referred to as Member or Members, each of which is organized and 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. 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; 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 JOINT POWERS 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 Members hereby create a public entity, separate and apart from the Members, to be known as the Pacific Coast Joint Powers Authority, hereinafter referred to as "PCJPA 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. 85=21 ointexerciseagmtjpa 2 PACIFIC COAST JPA JOINT EXERCISE OF POWERS AGREEMENT 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 Operate and maintain a cooperative program of self-insurance, jointly purchased insurance and risk management, and provide a forum for the discussion, study, development, and implementation of procedures of mutual benefit in risk sharing and risk management programs, where such programs are implemented to fully or partially share risk among members. 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. 853\02\jointecerciseagmt.jpa 3 PACIFIC COAST JPA JOINT EXERCISE OF POWERS AGREEMENT 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 Pacific Coast Joint Powers Authority. 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 the individual Risk Management Program(s) established hereunder. 8531024ointexerciseagmt.1pa 4 PACIFIC COAST JPA JOINT EXERCISE OF POWERS AGREEMENT 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, Programs 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 "Charter Member" shall mean the founding Members of the Authority. 3.1 .8 "Insurance" shall mean insurance or reinsurance purchased by the Authority to cover losses for its Members. 3.1 .9 "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. 853\02\jointexerciseagmt.jpa 5 PACIFIC COAST JPA JOINT EXERCISE OF POWERS AGREEMENT 3.1 .10 "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 .11 "Program Year" shall mean a period of time in which each program shall be segregated for ease in determining coverage premiums. 3.1 .12 "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 .13 "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. 3.1 .14 "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". 3.1 .15 "Authority" or "PCJPA" shall mean the Pacific Coast Joint Powers Authority. 85M02\jointexerciseagmt.jpa 6 PACIFIC COAST JPA JOINT EXERCISE OF POWERS AGREEMENT 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 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. Each Member representative, or their alternate, shall have one vote on the Governing Board. 853\02\jointexerciseagmt.jpa 7 PACIFIC COAST JPA JOINT EXERCISE OF POWERS AGREEMENT 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 designated representative 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). 5.4 The Governing Board shall have the power to vote, enact or otherwise determine any matter of the Authority which is not inconsistent with statute or this Agreement. The Governing Board may delegate matters of day-to-day operation to the Officers, Member representatives, or other employees of the Authority or the Member(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 Authority and each individual Risk Management Program. 953\02\jointexerciseagmt.jpe 8 PACIFIC COAST JPA JOINT EXERCISE OF POWERS AGREEMENT 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 54960 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. 7.1 .1 Prior to the acceptance of the third Member of the PCJPA, the Vice President and Treasurer shall not be allowed a vote on the Governing Board, and the Members shall select someone other than a voting member to fill these positions. S53102\1ointexerci9eagmtJpa 9 PACIFIC COAST JPA JOINT EXERCISE OF POWERS AGREEMENT 7.1 .2 Prior to the acceptance of the fourth Member of the PCJPA, the Vice President shall not be allowed a vote on the Governing Board, and the Members shall select someone other than a voting member to fill this position. 7.1 .3 In the event that the membership decreases to less than four Members, the above articles shall be in effect as though the number of Members never increased above the number of current Members. 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. 853\02Volntexerciseagmt.jpe 10 PACIFIC COAST JPA JOINT EXERCISE OF POWERS AGREEMENT 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. 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. 853\02\jointexerciseagmt.jpa 1 1 PACIFIC COAST JPA JOINT EXERCISE OF POWERS AGREEMENT 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 various Risk Management Programs shall become operational and will have all of the powers specifically delegated to them by the Governing Board. 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 1 1 .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. 853\02\jointexeiciseagmt.jpa - 12 PACIFIC COAST JPA JOINT EXERCISE OF POWERS AGREEMENT ARTICLE 12. ESTABLISHMENT AND ADMINISTRATION OF FUNDS 12.1 Funds of the Authority shall be separated for investment and administration purposes. 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 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. 13.3 When a Member is deemed to have withdrawn from this Agreement, such withdrawal shall not be construed as a completion of the purpose of this Agreement unless such withdrawal occurs in accordance with and appurtenant to Article 15 of this Agreement. The withdrawal of a Member shall be subject to the terms and conditions of the individual Risk Management Programs that the Member has participated in, and the eligibility for dividends, assessments, 853102VointexerciseagmtJpa 13 PACIFIC COAST JPA JOINT EXERCISE OF POWERS AGREEMENT and return of premium shall be determined in accordance with the terms of the Risk Management Program(s). 13.4 In no event shall a Member give notice of a withdrawal less than six (6) months prior to the beginning of the next fiscal year utilized by the PCJPA. 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. 14.2 When a. Member is deemed to have been expelled, such expulsion shall not be construed as a completion of the purpose of this Agreement. The expulsion of a Member shall be deemed a withdrawal from the individual Risk Management Programs that the Member has participated in. The eligibility for dividends, assessments, and return of premium shall be determined in accordance with the terms of the Risk Management Program(s). ARTICLE 15. TERMINATION 15.1 This Agreement shall continue until terminated by a majority of the Members present at any meeting where a quorum exists, 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. 853\021jointexerciseagmt.Jpa 14 PACIFIC COAST JPA JOINT EXERCISE OF POWERS AGREEMENT 15.2 Upon termination of this Agreement, all assets of the Authority shall be distributed 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 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. 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. 853\02Vo1ntexerciseagmt.1pa 15 PACIFIC COAST JPA JOINT EXERCISE OF POWERS AGREEMENT 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. The Authority shall indemnify, save and defend the Members from any act or negligence of such Member or any of its agents, contractors, servants, employees or licensees with respect to effecting the terms of 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. S531021joln1exerdseagmt.jpa 16 PACIFIC COAST JPA JOINT EXERCISE OF POWERS AGREEMENT 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 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 a vote of a majority of Members present at a meeting where quorum exists. Amendments to the By- Laws require a vote of a majority of Members present at a meeting where quorum exists. 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. 853\02\1ointexerctseagmt.Jpa 17 PACIFIC COAST JPA JOINT EXERCISE OF POWERS AGREEMENT 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. ARTICLE 22. TERM OF AGREEMENT 22.1 This Agreement shall become effective on January 1 , 2006. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY OF BELL By Title Executed before me this day of 200 (City Seal) City Clerk City of Bell 8531021jointexerclseagmtjpa 18 PACIFIC COAST JPA JOINT EXERCISE OF POWERS AGREEMENT CITY OF VERNON S By Title Executed before me this day of 200 (City Seal) City Clerk City of Vernon tif-t-,j&A "A i1 W MA jWWf If Crl IT 1C, My Ufe1D�_,�2i pjk& T Wt1.G tiE A wt,—,f �► c�si°_'�J "f� l(FPRrvt� 't'i �1'NAi, �f6N A f r Ag A fUlt /,ref s . k 6 21 t IU E . REM '�I's 61AK CAJ Q f A W j tw f Gtr t f.�A V'r IA6 YlvON 1F A � tjs �• a tS jakttj(PrC IIKQ air WAIT- - S wg:"m C ACY I I Kt�� nl 853\02\jointexerciseagmt.jpa 19 PACIFIC COAST JPA JOINT EXERCISE OF POWERS AGREEMENT APPENDIX "A" PACIFIC COAST JOINT POWERS AUTHORITY MEMBER CITIES City of Bell City of Vernon 853\0Mjolntexerciseagmt.jpe 20 PACIFIC COAST JPA JOINT EXERCISE OF POWERS AGREEMENT