83-011 Joint Exercise of Powers, Employment and Training Services between Sunnyvale, Mountain View, Los Altos, Santa Clara and Palo Alto, Resolution No. 6009; Joint Powers Agreement for Public Agency Insurance Management Services, Resolution No. 5499 I
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JOINT EXERCISE OF POWERS AGREEMENT;
EMPLOYMENT AND TRAINING SERVICES
This AGREEMENT, dated March 10 , 1983 , by and between the
cities of Sunnyvale, Cupertino, Mountain View, Los Altos , Santa
Clara, and Palo Alto ("Cities" herein) , municipal corporations of
the State of California,
WITNESSET H:
WHEREAS , each City named above is empowered by law to provide
employment and training services pursuant to the federal Jobs Training
and Partnership Act of 1982; and
WHEREAS , the United States Jobs Training and Partnership Act
of 1982 , as amended ("JTPA" ) , provides financial assistance enabling
local governments to assume responsibilities for job training ,
community services , and for other purposes , and provides for the
formation of consortia wherein combinations of cities may unite to
form a multi-jurisdictional area for planning and operation of a
comprehensive manpower program which will provide job training and
employment opportunities for economically disadvantaged , unemployed,
and other underemployed workers; and
WHEREAS , Section 6502, et seq. of the Government Code of the
State of California authorizes, public agencies to enter into
agreements for the purpose of jointly exercising any power common
to the public agencies; and
WHEREAS , public agencies have inherent power to act for the
benefit of the health and general welfare of their residents; and
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WHEREAS , each City is committed to the principle of regional
planning and management of such services; and
WHEREAS , it will mutually benefit the Cities to enter into a
joint powers agreement whereby the Cities may avail themselves of
the benefits and advantages of the JTPA for the residents within
their respective jurisdictional areas .
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS :
(1) Joint Powers Agency.
The City of Sunnyvale is hereby designated as the North
Valley Jobs Training Agency, referred to herein as the Joint Powers
Agency, the jurisdiction of which for purposes of this Agreement
shall be the Cities of Sunnyvale , Cupertino, Mountain View, Los
Altos , Santa Clara, and Palo Alto. Each of the foregoing Cities
hereby delegates its authority to carry out the purpose of this Joint
Powers Agreement to the Joint Powers Agency.
(2) Purpose--Joint Powers Agency.
The Joint Powers Agency is designated for the purpose of
carrying out job training and employment programs for economically
disadvantaged , unemployed and underemployed persons within its
jurisdiction, and to provide comprehensive manpower services and
plans pursuant to the JTPA.
(3) Authority--Joint Powers Agency.
The Joint Powers Agency is hereby authorized, in its own
name, to do all acts necessary for the exercise of its authority to
accomplish the purpose as set forth herein including , but not limited
to, any or all of the following:
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(a) Enter into subgrants , contracts and other necessary
agreements;
(b) Receive and expend funds;
(c) Employ personnel;
(d) Organize and train staff personnel;
(e) Prepare annual comprehensive manpower programs as set
forth below;
(f) Develop procedures for planning , operation,
assessment and fiscal management of training
programs;
(g) Evaluate program performance and determine resulting
needs to reallocate resources;
(h) Execute and/or modify grant agreements with the U.S .
Deptartment of Labor;
(i) Prepare an annual budget.
Pursuant to the JTPA the Joint Powers Agency shall conduct
studies and make analysis of the needs for training and employment
programs among the Cities; shall establish and coordinate training
and employment programs within the Cities; and shall underetake any
other act or acts that may be required to accomplish the purposes
of this joint exercise of powers agreement and the JTPA.
(4) Distribution of Jobs Training Services .
The Joint Powers Agency shall distribute jobs training
opportunities, benefitted persons , and all other services delivered
hereunder among the Cities on an equitable basis , in reasonable
proportion to the needs and markets for such services , as determined
by current census , unemployment and other objective data. All other
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management functions performed hereunder , except individual reports
to Cities of Agency activities , shall be on a regional basis , without
partiality or regard for political boundaries among the Cities .
(5) Term of Agreement.
This agreement shall become effective as of the date of
its approval by the legislative bodies of the Citi'ss , and shall
continue in full force and effect until terminated by all of the
parties to this agreement. Any City may terminate its participation
in the agreement as of the end of any fiscal year by giving written
notice of its intention to terminate at least six (6) months prior
to the end of the fiscal year in which such notice is given, to all
other Cities. This Agreement may be terminated at any time by mutual
agreement of all parties hereto.
(6) Governing Board .
The Joint Powers Agency shall be administered solely by
the City Council of the City of Sunnyvale , which shall function as
its Governing Board.
(7) Meetings and deliberations of the Governing Board.
All official acts of the Governing Board shall be taken
during public meetings , the date , place, and time of which have been
published in the manner applicable to meetings of public bodies .
Agendas of the Sunnyvale City Council shall designate those items to
be considered by it in its capacity as the Joint Powers Agency
Governing Board. All official Joint Powers Agency actions similarly
shall be designated in the official Minutes of the Sunnyvale City
Council . All of those rules and regulations governing meetings to
be held by the City Council of the City of Sunnyvale are hereby
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adopted as the rules and regulations governing meetings of the Joint
Powers Agency Governing Board.
(8) Officers and Employees .
The Governing Board shall have the responsibility and
authority to designate current or additional regular employees of
the City of Sunnyvale as administrative, managerial and staff
personnel of the Joint Powers Agency. Such personnel shall remain
employees of the City of Sunnyvale, subject to all of the terms and
conditions of employment otherwise applicable to Sunnyvale employees .
In no event shall any such employee become entitled to additional
compensation by virtue of his/her duties on behalf of the Joint
Powers Agency. The Governing Board is further authorized to hire
temporary employees and consultants , and to provide such other
facilities , supplies , equipment, office space and customary
administrative resources , as are reasonably necessary to performance
of the activities undertaken pursuant to this Agreement.
Reimbursement for all of the foregoing personnel and administrataive
costs shall be exclusively from grants or funds appropriated by sta
to or federal laws and regulations .
Those responsible officials designated by the Governing Board
to act for and on behalf of the Joint Powers Agency are hereby
authorized to take all such actions pertaining to finance, record-
keeping, auditing and other matters as may be necessary, consistent
with the authority delegated by the Governing Board, and with
applicable state and federal laws and regulations .
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(9) Statement of Conditions and Criteria.
The parties hereto make the following statements and
certify as follows:
(a) The respective addresses of the parties are as
follows:
City of Sunnyvale
Office of the City Manager
P . 0. Box 60607
Sunnyvale , California 94088
City of Cupertino
Office of the City Manager
P. 0. Box 580
Cupertino, California 95015
City of Santa Clara
Office of the City Manager
1500 Warburton Avenue
Santa Clara, California 95050
City of Mountain View
Office of the City Manager
540 Castro Street
Mountain View, California 94041
City of Los Altos
Office of the City Manager
1 North San Antonio Road
Los Altos , California 94022
City of Palo Alto
Office of the City Manager
P. O. Box 10250
Palo Alto, California 94303
(b) The geographical area to be served by the Joint Powers
Agency shall be all that area within the geographical
boundaries of the parties hereto.
(c) The total population within the jurisdictional areas
hereto combined is 368 ,028 .
(d) The parties hereto, and by their signatures to this
agreement and seals affixed hereto, certify that all
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parties are authorized pursuant to law to provide the
services for which this agreement is entered into in
all of the geographical area within the jurisdiction
of the parties .
(e) Attached hereto and incorporated by this reference
is a written statement of the chief legal officers
of each City, setting forth therein the authority of
the parties to enter into this Joint Powers Agreement..
(f) The parties hereto and by their signatures and seals
to this agreement affixed, certify that to the extent
consistent with state law and local ordinances , they
accept responsibility for the operation of the
programs initiated and continued pursuant to this
agreement.
(10) Liability.
(a) The City of Sunnyvale, and those persons , agencies
and instrumentalities used by it to perform the functions authorized
herein, shall be exclusively liable for damages to any person arising
from activities of the Joint Powers Agency.
(b) The City of Sunnyvale shall hold harmless and
indemnify cities, and each of them, including their officers and
employees, from any claim or liability arising from acts or omissions
of the City of Sunnyvale in the administration of this agreement,
and in so doing, shall provide cities , and each of them, with legal
defense of any and all claims or liabilities and shall pay reasonable
attorney' s fees and costs incurred in providing such defense.
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(11) Reports.
The Joint Powers Agency annually, and other times at Cities'
request, shall provide written reports of the finances , activities
and business affairs of the Agency to the Cities.
(12) Breach.
If default shall be made by any party hereto, in any
covenant contained in this agreement, such default shall not excuse
said party from fullfilling its obligations under this agreement.
The parties hereto declare that this agreement is entered into for
the benefit of the Joint Powers Agency and hereby grant to said
Agency the right to enforce, by whatever lawful means the Agency
deems appropriate , all of the obligations of each of the parties
hereunder . Each and all of the remedies given to the Agency hereunder
or by law now or hereafter enacted are cumulative and the exercise
of one right or remedy shall not impair the right of the agency to any
or all other remedies .
(13) Severability.
Should any part, term, or provision of this Agreement be
decided by the courts to be illegal or in conflict with any law of
the State of California or otherwise be rendered unenforceable or
ineffectual , the validity of the remaining portions or provisions
shall not be effected thereby.
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WHEREFORE , the parties hereto have caused this Agreement to be
executed by their respective officers duly authorized .
CITY OFFICER ATTEST
SUNNYVALE f1�(� . ::// J� &tell f
r eku�^�"
aygr City Clerk
CUPERTINO _- - 1get -E� "
/Mayytr �Je
City Clerk
SANTA CLARA ______, ,, -
�\ /`r CG�t4/
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(ty Clerk
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MOUNTAIN VIE dr....)dr....) / ' 6.//
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Mayor #f Card` a .
LOS ALTOS M y' o=" . !Q- l a""0 "__._ / Ili�_ ��i. .l
0sit
PALO ALTO '�� 1�= I
MayorU Citz/!Clerk
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STATEMENT OF OPINION; LEGAL AUTHORITYTO ENTER INTO JOINT EXERCISE
OF POWERS AGREEMENT FOR EMPLOYMENT AND TRAINING SERVICES
•
I , the undersigned chief legal officer of the City identified
below opposite my own name, am an attorney licensed to practice
before the Supreme Court of the State of California. It is my opinion
that the City which I represent is fully authorized by the laws of
the State of California to enter into that certain agreement entitled
"Joint Exercise of Powers Agreement; Employment and Training/
Services" dated (,� 2 s 1983 , and to participate in the
governmental actions described therein.
CITY CITY ATTORNEY DATE
SUNNYVALE :AL 11 , o./4) (91-5
CUPERTINO ��'id714-7 /L c,�' - V V
SANTA CLARA - - - - /4J4crc L />, 3
MOUNTAIN VIEW /1414 �,%Sy�V-J] ‘ C9p9
LOS ALTOS J, I ( �4 /1" -"( � ) ! - i ( ( 7 )J
PALO ALTO March 1 , 1983
ofi✓•
Jam/-o67
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RESOLUTION NO. 5499
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT FOR
• PUBLIC AGENCY INSURANCE MANAGEMENT SERVICES
WHEREAS, a Joint Powers Agreement for Public Agency Insurance Management
Services has been presented to 'the City Council; and
•
WHEREAS, said -Agreement is for the purpose of establishing, operating and
maintaining risk management self insurance, claims adjusting, and other group
insurance programs and services upon which there has been mutual agreement; and
WHEREAS, it is of benefit to the City of Cupertino and in the best public
interest to join together with other parties to establish this joint powers
agreement;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby .authorizes the Mayor and the City Clerk to execute the joint
powers agreement for Public Agency Insurance Management Services.
PASSED AND ADOPTED at a regular meeting of the City Council of the City •
of Cupertino this 1st day of December , 1980 by the following vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Plungy, Sparks
NOES: None
ABSENT: Rogers
ABSTAIN: _ None
APPROVED:
/s/ Reed Sparks
•
Mayor, City of Cupertino
ATTEST: Pro Tempore
/s/ Dorothy Cornelius
City Clerk
JOINT POWERS AGREEMENT
FOR
PUBLIC AGENCY INSURANCE MANAGEMENT SERVICES
Those public agencies of the South Bay Area signatory to this Agreement for
the purpose of establishing,.;pperating, and maintaining risk management self-
insurance, claims adjusting, and other group insurance programs and services
mutually agreed to.
This Agreement is entered into pursuant to the provisions of Chapter 5
(beginning with Section 6500) of Division 7 of Title 1 of the California Govern-
ment Code authorizing specified loyal public entities to exercise jointly the
power to provide insurance management, including the purchase of insurance and
other related services, pursuant to the provisions of Chapter 3 (beginning with
Section 989) of Part 6 of Division 3.6 of Title I of the Government Code herein-
after referred to as the Public Agency Insurance Management Service (P.A.I .M.S. ) .
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WHEREAS, it is to the mutual benefit of the parties herein subscribed and
in the best public interest of said parties to join together to establish this
joint powers agreement to accomplish the purpose hereinafter set forth; and
WHEREAS, the development, organization, and implementation of such a pro-
gram is of such magnitude that it is desirable for the aforesaid parties to join
together in this joint powers agreement in order to accomplish the purpose here-
inafter set forth; and
WHEREAS, the signatures hereto have determined that there is a need by pub-
lic agencies for insurance and risk management programs and services; and
•
• • WHEREAS, Title 1, Division 7, Chapter 5 of the California Government Code
authorizes the joint exercise by two or more local public entities of any power
' which is common to each of them; and
. - •
•
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WHEREAS, each of the parties to this Agreement- desires to.join together
the other parties for the purpose of jointly purchasing insurance and risk manage•;::
• ment services and pooling certain of their self-insured reserves against losses
and jointly in purchasing insurance, reinsurance; and/or administrative services
• in connection with cooperative programs;. •
•
NOW, THEREFORE, and for and in consideration of the mutual advantages to be -
derived therefrom, and in consideration of the execution of this Agreement by
•
other public entities, each of the parties hereto does agreeaasfollows: -
•
• ARTICLE I. PURPOSES.
..
_a. .The purposes of P.A.I.M.S. are: . • - -
•
•
1: To facilitate development of self-insurance programs and jointly
provide insurance, insurance management;--risk management .and other .related . •
. . services, and to provide a system to achieve the following objectives
the 'benefit of P.A.I.M.S. member agencies in all risk management areas
handled by P.A.I.M.S. :
A. Further efforts to reduce costs of insurance. coverage through -
• continued and expanded loss control practices and,combined,purchase
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power; om_ `: :.• ' _' ;
•
• ii. Reduce costs of claims. administration services through central
• management, volume, and combined purchasing power;
•
iii. Greater stability of insurance markets through size of com-
.bined membership, longer- duration of insurance agreements,
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and effective loss control practices;
iv. Reduce interagency cooperation to attempt to further
reduce amount and frequency of losses of member agencies;
v. Improved control of sources of risk through the application
of risk management, loss control techniques;
vi. More cost effective approaches to improve recovery from
responsible third party;
vii . Establishment of one or more reserve funds to advance funds
to members in meeting the impact of heavy losses;
viii. Coordination with legislators on needed legislation;
ix. Other related functions consistent with this Agreement,
powers of the public agencies, and member needs.
2. To provide a self-insurance and insurancemanagement program and
system: for payments of benefits and claims as authorized by P.A.I.M.S.
member agencies; to administer a cooperative program wherein member
agencies may pool certain of their funds as reserves against losses; to
jointly purchase insurance; to jointly purchase administrative and other
services, including insurance management, consulting, brokering, claims
administration, claims adjusting, loss prevention, data processing, legal
and related services.
3. To acquire, hold, and dispose of property, real and personal , neces-
sary or desirable for the purpose of providing the members of P.A.I.M.S.
with a complete self-insurance and insurance management program, including•
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but not limited to the acquisition of necessary facilities and equipment;
the employment of personnel , and the operation and maintenance of a system
of insurance management.
4. Individual agencies may participate in any portion of P.A.I.M.S.
programming and are not required to participate in an individual program or
service unless said agency determines it appropriate and beneficial to do so.
•
• ARTICLE II. DEFINITIONS.
•
The following definitions apply to the provisions of this Agreement and its
bylaws:
•
a. Authority shall mean the Public Agency Insurance Management Service
created by this Agreement. •
•
b. Board of directors shall mean the governing, body of the authority.
c. Officers shall mean the chairperson, vice-chairperson, treasurer, and
clerk of the governing body of the authority.
d. Claims management shall mean the process of identifying, controlling,
and resolving demands to recover losses from an insured, otherwise indemnified,
or self-insured entity. These services shall be contracted by the Board of
Directors.
e. Public entity shall- mean city, county, special districts, public
authority, and such other governmental entities as the authority may determine.
f. Participation or participating shall mean a member agency's action or
state of taking part in the programs of the authority by doing all or part of
the following through. the authority with respect to one or more risk areas:
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1. Purchase of insurance management administrative services;
2. Purchase of insurance or reinsurance;
3: Contribute to the designated reserve operatingorother funds
or costs as required under the authority's program(s) ;
4. Pay or make provisions for the payment of assessments, defense
costs, claim and judgment costs, and other related costs as required
by this Agreement or authority's bylaws.
g. Rating structure shall mean the means by which premiums, contributions
to a fund, or allocating expenses are established for a risk area on the basis
of conditions which affect the probability of loss.
h. Retrospectively rated shall mean a technique which permits adjustments
of the final premium or fund contribuion for a risk area based on the loss
experience of the insured during the period of protection.
i. Risk area shall mean an area of exposure to pure risk or financial loss.
As used in this Agreement and bylaws, the term refers to employee benefits and
other areas as the board of directors shall agree upon.
j. Insurance management shall mean the process of identifying, evaluating,
reducing, transferring, eliminating risks, and various methods of funding losses.
k. Insurance manager shall mean the person(s) , firm(s), or group(s) appointed
by the board and given responsibility for the management, administration, and opera-
tion of cooperative program(s) of insurance and services.
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ARTICLE III. SEPARATE ENTITY.
a. There is hereby created a separate public entity, the •full legal name of
which shall be Public Agency Insurance Management Service and may be referred to
herein as P.A.I.M.S. or "the authority." The authority is a public entity sepa-
rate from the parties to this Agreement.
b. The debts, liabilities, and obligations of the authority do not consti-
tute debts, liabilities, or obligations to any individual agency which is a party
to this Agreement.
ARTICLE IV. SYSTEM ESTABLISHED.
a. An insurance management system consisting of the parties to this Agree-
ment is hereby established. This system represents a cooperative program of •
insurance management which may encompass but is not limited to employee bene-
fits, property, liability insurance, casualty, risk management, and other such
areasas the board shall agree upon. r ,
b. ,Each member to this Agreement agrees to comply with and be bound by
the provisions of the bylaws as the same may be amended from time to time.
ARTICLE V. POWERS.
a. Authority shall have the power and duty to establish and operate a
program of insurance management and for its execution, either directly by it
or by contract.
b. Authority is authorized to make and enter into a contract to employ
agents and employees to acquire, construct, manage, maintain, or operate any
building works or improvements; to enumerate, acquire, hold, or dispose of
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property per debts, liabilities, or obligations; to establish insurance man-
agement-related lines of credit; and to sue and be sued in its own name.
y The foregoing powers include but are not limited to those relative to con-
f tracting fpr insurance or reinsurance, claims administration services, and
consulting services.
c. The debts, liabilities, and obligations of the authority shall not
be the debts, liabilities, or obligations, of the, parties to this Agreement.
d. Authority shall be subject to and shall be covered by the bylaws,
a copy of which is attached hereto and by this reference made a part of this
Agreement.
ARTICLE VI. GOVERNING BOARD.
a. All powers of this authority shall be exercised by the board of direc-
tors.
b. The board of directors shall be composed of one representative from
each participating entity.
c. The officers shall be elected annually by the board of directors by
no later than August 1 of each calendar year.
d. The officers shall be responsible for preparing an operations plan,
including budget, proposed services and activities at the beginning of each
fiscal year.
e. The officers .shall be responsible for preparing an annual report for
the board of directors' review at the end of each fiscal year.
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ARTICLE VII. MEMBERS.
a. Each public entity which is a party to this Agreement is a member
agency of,the authority and is entitled to the rights and privileges and is
subject to the obligations of members, all as provided for in this Agreement
or the bylaws.
b. After formation of the authority by initial membership, new members may
be accepted upon application to the authority and upon acceptance by the board
of directors by a majority vote and subject to the acceptance by a respected mem-
ber of the financial arrangements and fund contributions specified by the then-
current members.
ARTICLE VIII. AUTHORITY FUNDS.
a. The treasurer of the authority shall be the depository of funds of the
authority. The treasurer's selection, responsibilities, and other matters
r .
shall be covered by the bylaws and authority's actions taken pursuant to the
bylaws.
b. The board of directors shall annually appoint an auditor, who shall be
on a contractual basis. The auditor shall be the disbursing officer of the
authority and shall draw warrants against the funds of the authority in the
treasury when demands are presented and authorized as designated in the bylaws
and authority action is taken pursuant to the bylaws.
c. The board of directors shall determine fund requirements of partici-
pating agencies in specific programs and services in which the participating
agency is participating. These fees shall cover the full cost of providing
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•
•
such programs and services, including any professional fees, brokerage fees,
maintenance costs, and the like.
,7 d. In addition, each member shall be required to pay an annual management
-)� fee. This 'fee shall be utilized solely for the costs of operating a joint powers
• agreement and shall include such costs as mailings and notifications, records
of board.meetings, maintenance of other required legal documents, and for the
performance of professional services relative to the maintenance of the joint
power agreement. The fees for the 1980-81 fiscal year shall be as follows with.
the provision that fees may be raised from year to year by majority vote of the
board of directors. Any adjustment in fees proposed by the board of directors
shall be communicated in writing to each participating agency in P.A.I.M.S. at
_" • least two (2) months prior to the beginning of the fiscal year (July 1). The
following are the annual fees: •
•
Minimum - • $100 •
Number Of agency employees 1-50 $200
Number of agency employees 51-250 $300
Number of agency exmployees. ._ 251 and up $400
ARTICLE IX. •TERM OF AGREEMENT.
This Agreement shall continue in effect until it is rescinded by the mutual
consent of the parties or terminated in the manner provided ",herein or in the
bylaws.
ARTICLE`X. MEMBERSHIP TERM,
a. Withdrawal . A party to this Agreement shall 'remain a member for three
- years; thereafter, the member may withdraw by:
•
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1. Giving written notice to the clerk on or before the next succeeding .
May 1 of the intent to withdraw as of 12:01 a.m. on the next July 1; and
2. Fully performing its obligations as a member of the authority.
b. On the July 1 specified in the notice pursuant to Subdivision a.1 above
and upon fully performing its obligations as a member, whichever is later, member
shall cease to be a party of this Agreement.
ARTICLE XI. DISPOSITION OF AUTHORITY, PROPERTY, AND FUNDS.
If the party withdraws as a member of the authority, any property interests
of that member remaining in the funds of the authority following a discharge' of
all obligations attributable to that party; its officers,. and employees, shall be
disposed of as provided in the bylaws. If this Agreement is finally terminated
as to all parties who are.then members, any money or assets in possession of the
authority after the payment of all liabilities, costs, expenses, and other charges
incurred pursuant to this Agreement shall be returned to the parties in propor- ,
tion to their contribution to the authority determined as of the date of termina-.
tion.
ARTICLE XII. ENFORCEMENT.
Authority shall have the power to enforce this Agreement. If suit is
brought by authority against any defaulting member and the authority prevails
in the action, the defaulting party shall pay reasonable attorney's fees to
the authority as adjudicated by the court.
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ARTICLE XIII. INVALIDITY.
Should any portion, term, condition, or provision of this Agreement be deter-
mined by a court of competent jurisdiction to be illegal and/or in conflict with
any law of the State of California or be otherwise rendered unenforceable and
ineffectual, the validity of the remaining portions; terms, conditions, and •
provisions shall not be affected thereby. •
•
ARTICLE XIV. ARTICLES, SUBDIVISIONS, AND PARAGRAPHS.
a. The principal divisions of this Agreements are articles followed by
Roman numerals.
b. The. principal divisions of -articles are subdivisions identified by
lower-case letters.
c. Divisions or subdivisions are paragraphs identified by Arabic.
numerals.
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ARTICLE XV. AMENDMENTS. •
No amendments to this Agreement or to any of the bylaws enacted pursuant
to it shall be affected unless it is accomplished by written agreement executed
by the governing bodies of at least two-thirds (2/3) of •the parties to this
' Agreement. Prior notice of any board meeting in. which amendments are to be
voted upon must be given to each member in writing. Such notice shall include •
mention of the nature of the amendments to be voted upon.
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}
ARTICLE XVI. PROHIBITION AGAINST ASSIGNMENT.
No member may assign the right, claim, or interests it may have under this
Agreement.. No creditor, assignee, or third-party beneficiary of any member
shall have any right, claim, or title to any part, share, interest, fund, pre-
mium, or asset of the authority.
• ARTICLE XVII. 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 .
or in the bylaws.
•
ARTICLE XVIII. EFFECTIVE DATE.
This Agreement shall become effective immediately after it has been adopted
by at least three (3) public entities.
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ARTICLE XIX. INTERIM PERIOD OF EFFECTIVENESS.
a. There shall be a period during-which. this Agreement will be effective
• and during which initial members may withdraw if insurance quotations exceed
preliminary quotes. This interim period is explainable in the remainder of
the article.
b. During the interim period, new members may join on terms set by the
board.
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• 1 •
3. When, after at least three (3) initial member agencies remain
bound or have elected to proceed with its participation in the program
i
A
pursuant to subdivision d. above. Written notice to that effect shall
immediately be given to all initial member agencies and to the known
potential participants.
I
Executed by the undersigned local public entities upon the respective dates
set forth after the signatures of their duly authorized officers.
CITY OF CUPERTINO APPROVED AS TO FO'
e
By: �� ri d /I�
Mayor, City of Cupertino./ -i.J li�L/
City Attorney, City o Cupertino
ATTES C
/
CITY OF MOUNTAIN VIEW Ci Clery of Cu
pertino
By:
CITY OF SUNNYVALE
By:
RLJ/z
62-A2-11
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