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HomeMy Public PortalAboutResolution - 02-08- 20020327 - CalJPIA Agreement RESOLUTION NO. 02-08 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT,330 DISTEL CIRCLE,LOS ALTOS,SANTA CLARA COUNTY, CALIFORNIA,APPROVING EXECUTION OF THE JOINT POWERS AGREEMENT CREATING CALIFORNIA JOINT POWERS INSURANCE AUTHORITY,AND FURTHER APPROVING PARTICIPATION IN ITS JOINT PROTECTION PROGRAM PROVIDING LIABILITY COVERAGE THROUGH SELF- INSURANCE, LOSS POOLING,AND EXCESS INSURANCE The Board of Directors of the Midpeninsula Regional Open Space District does hereby find and resolve as follows: WHEREAS,pursuant to the provisions of Section 990, 990.4, 990.8 and 6500 of the Government Code, California Joint Powers Insurance Authority("California JPIA')has been created by a Joint Powers Agreement; and WHEREAS, a Joint Protection Program has been developed by said California JPIA pursuant to the provisions of said Agreement;and WHEREAS, Article 22 of said Agreement provides for additional members to become parties to the Joint Powers Agreement creating the California JPIA,after the first year of its operation,and thereupon enter the Joint Protection Program providing General and Automobile Liability Coverage through self- insurance and loss pooling;and WHEREAS,the self-insurance and loss pooling programs of the California JPIA,as well as its group insurance coverage programs, offer significant advantages to the District in terms of cost,protection, risk management and loss control advice and assistance,and entering such programs would be and is in the best interest of the District. NOW,THEREFORE,the Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve,order,and determine the following: Section 1. That the President of the Board of Directors of the Midpeninsula,Regional Open Space District is hereby authorized and directed to execute the Joint Powers Agreement on behalf of the District binding the District to the terms and conditions of said Agreement. Section 2. That the District hereby joins the Joint Protection Program of California JPIA, providing self-insurance and loss pooling for General and Automobile Liability effective April 1,2002,for a period of not less than three(3)years. Section 3. That an Initial Primary Deposit of$18,000 for the period of April 1, 2002 through June 30, 2002,and an initial annual Primary Deposit of$72,000 for the coverage period of July 1, 2002 through June 30, 2003, is approved and the appropriate officers of the District are authorized to pay the same to the California JPIA. RESOLUTION NO. 02-08 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on March 27, 2002, at a regular meeting thereof, by the following vote: AYES: Deane L,i ttee, Pete Sieme", Nonette Hanko, Jed Cyn, Many Davey, Ken Nitz, Lanny Haas ett NOES: none ABSTAIN: none ABSENT: none ATTEST: APPROVED: Secret President Board of Directors Board of Directors I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. Dish i"ct erk I ARTICLE 28 -AMENDMENT This Agreement may be amended at any time by a majority vote of the entire Board of Directors, with the exception of an amendment to Article 23 which shall require a three-fourths vote of the entire Board of Directors. ARTICLE 29 - PROHIBITION AGAINST ASSIGNMENT No Member may assign any right, claim or interest it may have under this Agreement, and no creditor, assignee or third party beneficiary of any Member shall have any right, claim or title to any part, share, interest, fund, deposit or asset of the Authority. f ARTICLE 30 -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. IN WITNESS WHEREOF, the parties hereto have first executed this Agreement by authorized officials thereof on the date indicated below. Date: � O MEMBER: M,i.dpenimuta Reg.Loviae Open Space Dist4ict By: (f_ •�� Deane L.c tte, Pkaident Board o 6 Di&ec tou 18