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HomeMy WebLinkAboutCC Resolution 7352 (Joint Powers Insurance Authority)RESOLUTION NO. 7352 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING PARTICIPATION IN THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY WHEREAS, the San Rafael City Council has considered the contract documents entitled Joint Powers Agreement Creating California Joint Powers Insurance Authority; and WHEREAS, a complete and true copy of said Agreement is attached as Exhibit "A"; and WHEREAS, the City's participation will be effective on 12:01 AM, June 1, 1986; and WHEREAS, it is in the best interest of the City of San Rafael to become a part of said Agreement and to procure automobile and general liability claims protection in the manner and for the consideration provided for by the Agreement; and WHEREAS, San Rafael will participate in Layers A through D with $9,750,000 in excess of a $250,000 self-insured retention. NOW, THEREFORE, BE IT RESOLVED by the San Rafael City Council that the Mayor and City Clerk are authorized to execute the agreement with the California Joint Powers Insurance Authority and that the City Manager is hereby authorized and directed to implement administrative procedures necessary for the operation of this program. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Monday , the 19th day of May , 1986, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEA -M. LEONCINI, City Clerk JOINT POWERS AGRS1f ENT CRSATING THS CutroRNIA oon" "W&M 2PRULU cs AMOA;TY f w R JOINT POWERS AGREEMENT TABLE OF CONTENTS ARTICLE I CREATION OF THE CALIFORMIA JOINT POWERS INEURANCS AUTHORITY ARTICLE II PURpmal 9 ARTICLE III DEFINITIONS 3 ARTICLE IV PARTIES TO AGREEMENT S ARTICLE V TERMS OF AGREEMENT 5 ARTICLE VI POWERS OF THE AUTHORITY 6 ARTICLE VII MEMBER ENTITY RESPONSIBILITIES 6 ARTICLE VIII BOARD OF DIRECTORS 7 ARTICLE IX MEETINGS AND RECORDS 9 ARTICLE X OFFICERS i EMPLOYEES 10 ARTICLE XI FISCAL YEAR 11 ARTICLE XII BUDGET 12 ARTICLE XIII ANNUAL AUDIT AND AUDIT REPORTS 12 ARTICLE XIV 6STABLISHKENT AND ADMINISTRATION OF FUNDS 11 ARTICLE XV DEPOSIT PREMIUMS 13 ARTICLE XVI RETROSPECTIVE PREMIUM ADJUSTMENTS 13 ARTICLE XVII POOLED COVERAGE PROGRAMS 14 ARTICLE XVIII NEW MEMBERS 14 ARTICLE XIX WITHDRAWAL 15 ARTICLE XX EXPULSION 16 ARTICLE XXI EFFECT OF WITHDRAWAL OR EXPULSION 16 ARTICLE XXII TERMINATION AND DISTRIBUTION 16 ARTICLE XXIII NOTICES 17 ARTICLE XXIV PROHIBITION AGAINST ASSIGNMENT 18 ARTICLE XXV AMENDMENTS 16 ARTICLE XXVI SEVERABILITY is ARTICLE XXVII AGREEMENT COMPLETE 18 CILLIPORNIA JOINT POWERS rNEURNNCZ AUTHORITY JOINT POWERS AGRiEIQl1'1' This Agreement is mads by and asoag the undersigned public eatitLes, all a which are public entities generally organised and operating ander the. Laws of She MWte of Calitoacaia or public eneities speoiiioallr or9aoised and operating under Section 6507 of the California Ooteroment Code and related provisions of law which authorise the creation and operation of governmental joint powers authorities under California Law. RECITALS I. The following state laws, among others, authorise the Member iatities to enter into this agreements A. Labor Code Section 3700(b) allowinq a local public entity to lucid its own workers' compensation clataat an Government Code sections 989 and 990, and Zducatioa Code Section 15602, permitting a local public entity to insure itself against liability and other lossesi C. Government Code Section 990.6 permitting a local public entity to provide insurance and Self-insurance in any desired cambiaatical D. Government Code Sections 990.8 permitting two or more local public entities to enter into an agreement to jointly fund such expenditures under the authority of Government Code Sections 6500 - 651SI Sad E. Government Code Section 6500 - 6515 permitting two or more local public entities to jointly exercise under an agreement any power which is coon to each of them. 11. Each of the parties to this Agreement desires to join together with the other parties for the purposes Of A. Developing effective risk management program to reduce the amount and frequency of their losses s. Pooling their self-insured loss"I and C. Jointly purchasing wwass insurance d administrative services in connection with any of the Pooled Coverage Pzpgrams for said par"" . IM, The governing board of each undersigned public entity has determined that it is in its own best interest and in the public interest that this present Agreement be executed and that it shall partioipate as a member of the public entity created by this Agreement. Now, therefore, the undersigned, by, between and among tbemsali►es, in consideration of the mutual benefits, promises and agreements set forth below, '%ereby agree as follows i ARTICLE I CREATION OF THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY Pursuant to Article 1, Chapter 5, Division 7, Title 1 of the Government Code of the State of California (commencing with Section '6500), the parties hereto hereby create a public agency, separate and apart from the parties hereto, to be known as the California Joint Powers Insurance Authority, hereinafter called the Authority. r-� ARTICLE II PURPOSES This Agreement is entered into by Member Entities pursuant to the provisions of California Government Code Section 990, 990.4, 990.8, and 6500 at -'I- s.!� in order too A. Develop effective risk managemant programs to reduce the amount and frequency of their loss" I s. To share the risk of self-insured loss"i and C. Jointly purchase excess insurance and administrative and otW services including, but not limited too claims adjusting, data processing# risk management, loss prevention and legal services is connection ritb any of the Pooled Coverage Programs for said parties. These purposes shall be accomplished through the exercise of the powers of the Member entities jointly in the creation and operation of the Authority. It is also the purpose of this Agsesaant to Provide, to Chs extant permitted by laws for the inclusion at a subsequent date of such additional Public entities organised and existing under the Constitution or laws of tba Late of California as may desire to booms parties to this Agreement and members of the Authority, subject to ARTICLS YYIII. It is also the purpose of this Agreement to Provide for the removal of Member sntitias for cause, or upon request. ARTICLE III DEFINITIONS Unless the context otherwise requires the following terms shall be defined as herein stateds A. 'Adjusted Deposit Premium' shall mean the assount determined retrospectively by the Board as each Member entity's share of losses, reserves, axpanaas and interest income for each Program Year of each Program of the N.uthority l B. 'Authority' shall mean the California Joint Powers Inauranos athority created by this Agreements C. "3oard• or 103oi►rd of Uroators• shall yea the goveraiog body Of he Authority) D. "Charter Members" shall mean those Member Entities executing this greemant on or before January 31, 19861 E. "Claims" shall mean demands made against tkW;Aamber Zntities Or the uthority arising out of occurrences which aro within the Authority's pooled overages as determined by the Board; Ire "Covered Loss" shall mean any loss resulting from a claim Or Claims 6gaLnst a Neaber tntity or the AuthorLty Mhlroh is LA excess e9 its seapeo%Lve self-insured retention, and is pooled by the Authority) G. "Deposit Pramium" shall mean the estimated amount detarmined by the bard for each Member Entity necessary to fund each Program Year of each gram of the Authority H. "Excess Insurance' shall mean that insurance purchased by the Authority to cover losses in excess of the Authority's pooLSI Z. "Incurred Loss" shall mean the sun of monies paid and reserved by the Authority to investigate, defend and satisfy a Covered Loss sustained by a MKnmher Entity or the Authorityi J. "Associate Members" shall be those Member Entities executing this Agreement attar January 31, 19861 X. "Mamber Entity" shall mean any of the public entities which are a r' party to this Agreement L. 'Program Year" shall mean a period of time determined by the Board, usually 12 months, into which each Program shall be segregated for ease in 'Ntermining Deposit Premiums, Incurred Losses, Adjusted Deposit Premiums and Retrospective Premium Adjustmentsy N. "Pooled Coverage Programs" shall inOlude but not bs kilted to ,_,toperty, workers' compensation, and liability ooverages as may be determined . by the hoard from time to times and 11. "Astrospective Premium Adjustment" shall mean the amount oeaessary to periodically adjust the Deposit Premium, to reflect the estimated changes JLo each Number Nntity's share of losses, rsse"res, e3CPSWOR and interest inoomm for each Policy Year of Nash Program of the Authority. ARTICLE IV PARTIES TO AGREEMENT mach party to this Agreement certifies that it intends to, and does contrast wLth, all other parties who ars signatories of this &Wesa nit and, La addition, with such other parties a• may later be added as parties to, and -ignatories of, this Agreement pursuant to AXTICIX YVIZI* each party to this Agreement also certifies that the deletion of any party from this agreement, pursuant to ARTICLi XIX or IOC, shall not affect this Agreement nor the remaining parties' intent to contract as described above with the other partial to the Agreement then remaining. ARTICLE V TERM OF AGREE This agreement shall become effective as of the data hereof and shall continue in lull force until terainated in accordance with AMTICLs XXII. _r_ MCICLZ V1 POUTERS OF TUX AUTHORITY The Authority is authorised, in its own name, to do all act& necessary to fulfill the purposes of this Agreement referred to in AWZCii iS iacluding, but eot,ligated to each of the following$ As Make and enter into contracts# Be Incur debts, liabilities and obligational but so debt, liability or obligation of the Authority is a debt, liability or obligation of any intity which is a party to this Agreement, sxospt u otherwise provided by ARTZCLii XXX and XXIIi Co Acquire, hold or dispose of real and personal propertyp D. Receive contributions and donations of property, funds, 'services and other forms of assistance from any sources , Z. Sus and be sued in its own name; to Employ agents and employees) G. Acquire, construct, manage and maintain buildings Be Lease real or personal property including that of a Member :nt.Ltyl and I. Receive, collect, invest and disburse gonias: These powers shall be exercised in the manner provided by applicable law and as expressly set forth in this Agreement. r --- ARTICLE VII ME1MER ENTITY RESPONSIBILITIES The Member Entities shall have the following responsibilitest As To cooperate fully with the Authority in determining the cause of losses and in the settlement of claims, as defined in the coverage agreemeat, Be TO pay Deposit Premivas, and any adjustments thereto, promptly to Je Authority when dust C. To provide the Authority with such statistical and loss experisaoe lata and other information as may be necessary for the authority to oarry out the purposes of this Agreemant► and D. To cooperate with and assist the Authority and any insurer, Claims kdjuster or legal counsel retained by the Authority, in all matters relat"q to this Agreement and to comply with the Bylaws and all Policies and Procedures kdopted by the Board. AFCICLS VIII BOARD OF DIRECi'ORS There shall be a Board of Directors to govern the affairs of the %thority. Until February 1, 1966, the Board of Directors of the Califoraia Association of Joint Powers Authorities shall serve as the Authortty's Board. Thereafter, the number of Directors shall be throe more than the number of Charter Msmbers.and shall be elected as specified in this AATICLi. BOARD OF DIRECTORS-POWM The powers of the Board shall be all of the powers of the Authority not specifically reserved to the Member Entities by this Agreement. The Member Entities hereby retain the following powerst A. The election of the Board of Directors as specified in this ARTICLEI B. The expulsion of Member Entities as specified in ARTICLZ SOC► C. hpproval of amendments to this Agreement as specified is ARTICLR Y]N I and D. The rejection of Member entities from participation is layars of „filed coverages as specified in MUICLZS xvlZ and 7NZZZ. BOARD Of DIRECTORS-APPOINTMENTS/ZLZCTIONS rho board of Directors shall be appointed or elected in the following maneri .7 A. tach Charter plesber shall appoint one dirsctft to the Board of Directors. An alternate director may also be appointed, and if so appointed, shall have all of the powers of the director in the absence of the direstor. a. The remaining vacancies on the board of Directors shall be filled by the Associate Members in the following manners 1. each Associate Member may place a representative in nomination for the board. 2. each Associate Member shall cast its weighted vote for the ndidata of its choice. The weighted vote shall be determined by giving one vote par million dollars of Workers• Compansation payroll for the program Year just ended, rounded up to the next higher million dollars. 3. The three candidates receiving the most votes shall be elected for two year taus. No Member Entity shall have more than one representative on the Board of Directors. The unexcused absence, as determined by the board, of any director representing the Associate Members from two consecutive mestings of the board r-� shall be cause for removal of said Director and such removal shall create a vacancy on the Board. The Board shall have the power to fill, until the next meeting of the umber Entities, any vacancies that occur within the Directors representing the Assoicate Members. J ARTICLZ IX MFETINGS AND RWORDR Member Meetings The Member Entities shall hold at least one regular meeting each year, at rhioh time the Associate Members shall elect the appropriate number Of cave Board Members as specified in ARTICLE VIII. Absentee ballots shall be an acceptable form of voting for Board Members. The board shall fix the date, hour and place at which each regular meeting is to be held and the ioard President shall preside at all meetings of the Member antitiss. Bpodial meetings may also be called upon written request by the President or at least one-third of the Member Entities. Notice of special meetings shall be delivered personally or by mail to each Member Entity at least 7 days before is time of such meeting. board Mestingn The board shall hold at least one regular maetinq each year. The aoard 0 shall fix the date, hour and place at which each regular seating is to be hold. The General Manager/Secretary may request special meetings as needs dictate. Special meetings may also be called upon written request by, the President or at least one-third of the Board. Notice of such special meetings shall be delivered personally or by mail to each Board member at least 24 hours before the time of such meeting. Each meeting of the Member Entities and the Board, including, without limitation, regular, adjourned regular and special meetings, shall be called, oticed, held and conducted in accordance with the Ralph X. Brown Act (section 54950 at. seq. of the Government Cods). The General Manager/secretary shall keep or have kept minutes of all sgular, adjourned regular, and special nootings of the Member intitios and the Board. As soon as possible of ter each Meeting, he shall have a oopr of the minutes forwarded to each Member of the Board and to each Member =ntity. As soon as practicable after the first masting 0� the Board* cad within the first twelve months of the Authority's existence, tbj Board shall cause Bylaws and Adainistrativs Policies and Froceduras Manual to be developed, which are not inconsistent either with applicable law or with this Agreement, to govern the day-to-day operations of the Authority. tach Board member and each Member Entity shall receive a copy of any Bylaws and Administrative Policies and procedures manual developed under this ARTICLZ. Thereafter, the board may adopt additional Bylaws and Administrative Policies and procedures or change axisting ones no long as they shall be and remain consistent with both iplicable law and with this Agreement. The General Manager/Secretary shall promptly send to each Board member and to each Member Entity each Bylaw amendment and Administrative Policy and Procedure change promptly after its adoption by the Board. No business may be transacted by the Board or the Member Entities without a quorum of their respective members being present. A gdorum shall consist of a majority of their respective members. A majority of the mambers present crust vote in favor of a motion to approve it, except as otherwise provided in this Agreement. The Board and the Member Entities shall conduct their business in accordance with Roberts Rules of order. ARTICLE X OFFICERS G EMPLOYEES The Officers of the Authority shall be the President, Vice President, General Manager/Secretary, Treasurer and Auditor/Controller. The President and Vice -President shall be elected by the Board from among its own members at its rat meeting. The term of office for President and Vice President shall be two years. The President and Vice President shall assume the duties of their affices upon election. 'if either the President or Vice -President ceasaa to be L sas"r of the Board, the resulting vacancy shall be filled at the nosh regular sooting of the Board held alter the vacancy occurs. , The General Manager shall be the Secretary and Chief hAniaistrative )fficer of the Authority. The Board shall appoint the General X&nager/ secretary, the Treasurar, and the Auditor/Controllere however, the person ►ppointed as Auditor/Controller may not be the sane person that is appointed as :he General Manager/secretary or as the Treasurer. Their responsibilities and iuties shall be an defined in the Bylaws and as assigned by the Board. The Board say appoint such other officers and employees and may contract with such -sons or firms as it considers necessary to carry out the purposes of this ►greeaent. Any Member Entity which agrees to have an employee or other representative assigned duties pursuant to this ARTICLZ may be reimbursed by rhe Authority for that individual's time or services rendered on behalf of the kuthority, at the discretion of the Hoard. Any loss or liability arising out )f the activities of such employee or other representative while carrying out :he assigned duties shall be the responsibility of the Authority. ARTICLE XI FISCAL YEAR The first Fiscal Year of the Authority shall be the period from the date this Agreement through June 30, 1987 and subsequent Fiscal Years of the ►uthority shall end on June 30 of each succeeding year. ARTICLZ 7LII NUDc=T The board shall adopt an annual budget not fat& than 90 days prior to the beginning of each Fiscal Year. ARTICta ]CIII ANNUAL AUDITS AND AUDIT REPORTS Financial Audit The Auditor/Controller shall cause an annual financial audit to be made vLsh respeet to all recaLpts, lisi+uAesranta* Sther bransaetisas Yd eiWiea into the books by a Certified public Accountant, and a report of such finanoial audit shall be filed as a public record with each of the Member WititLes, duoh sport shall be filed no later than required by law. 7111 Costs of such financial audit shall be paid by the Authority and shall be charged against the Mamber Entities in the saws manner as all other adaministrative costs. Claims Audit The Board of Directors shall cause an annual claims audit to be made on each of the Member Entities' claims prior to the annual retrospective calculations for retrospective premium adjustments, and a report of such claims audit shall be t - filed as a public record with each of the Member Zntities. 111 Costs of Mob claims audit shall be paid by the Authority. ARTICLE xry ESTA.HLISHMMIT AND ADMINISTRATION OF FUNDS The Authority shall Y,e resronsible for t_he strict accountability of all funds and reports of all receipts and disbursements. Zt will amply with all _.zorisions of law relating to the subject, particularly Petition 6303 of the California Government Code. A11 of the funds of the Authority may be held in common and each trograa Year of each Pooled Coverage Progran shall be a000uatsd for separately as a full accrual basis. The Treasurer shall receive, invest, and disburse funds only in accordance with the procedures established by the board and in conformity with applicable lay. DEPOSIT PREMIUMS The Deposit Premium for each Member Entity shall be in the same ratio as ,.hat Entity's Payrolls bear to the total Payrolls of all tntities pastiai,patint in the same layer of each program in each Prograa Year. The Deposit Premiums shall be billed to the Member Entities 30 days prior to the inceptions of coverage, shall be due and payable at the inception of coverage and subject to penalties and interest if not paid within 30 days thereafter. The board shall have the authority to subsequently increase the Deposit Premiums prior to the first Retrospective Premium Adjustment if, in its opinion, it should beoome necessary. ARTICLE XVI RETROSPECTIVE PREMIUM ADJUSTMENTS Retrospective Premium Adjustments shall be calculated at the conclusion if each Program Year and annually thareaftar until all applicable claims are finalized. Retrospective Premium Adjustments for each program shall be made as ,Pcified is the Bylaws. . ARTICLE XVII POOLED COVERAGE PRDGRAMB The pooled coverage for each Program shall be as specified is the lylaws. Each Member Entity shall have the ability to determine whish programs Lnd which layers within these Progrum it will participate in from year to year kxcept when rejected by one third or more of the Momber Entities partiaipatiag luring the previous year in any layer of any Program in which the Member intsty riche■ to initiate participation and except as prohibited by A XCLi XZX. •aid leterminations shall be exercised and coununicated in writing to the*Authority. BLx, months prior to the inception of each Program's Policy Year. KnICLZ XVIII NEW MMXBERB Prospective members may apply for participation in any of the Authority's Programs at any time. The Board shall review all new nember applications and determine which ■ntit.ies shall be accepted for participation in each layer of each of the luthority's Programa, except when rejected by one third or more of the Member Entities in any layer of any Program in which the prospective mambar applies to ?articipate. Entities entering under this Article shall be required to pay their share 3f organizational expenses as determined by the Board, including those ^essary to analyze their loss data and determine their premiums. Deposit Premiums for entities entering any program at other than the ,—sginninq of the Authority's Program Year, shall be prorated for the remainder of the Program Year. , WITHDRAWAL A. Any Member Zntity which eaters any layer of any Pooled Coverage Prograa shall not withdraw from that layer for a three-year period acemexwing with its entrance into said Prograa. as A Member tntity which enters any Pooled Coverage Program shall not withdraw from. that Program or as a party to this Agreement or the Authority for a three-year period comencing with its entrance into said Program. r C. After the initial three-year nonaancellable oo■ Ltment to any layer f a Program, a Member Amity may withdraw from said layer only at the and of said Program's Program Year, provided it has given the Authority a siu-smth written notice of its intent to withdraw from said layer. A Member Entity Say withdraw from a Program only upon its withdrawal from all of the layers of that Program,. A Member Entity way withdraw as a party to this Agreement or the Authority only upon its withdrawal from, all of the Authority's Programs. D. Any Member Entity which withdraws as a participant of any Program pursuant to Section C. of this ARTICLZ shall not be reconsidered for participation in said Program until the expiration of three years tray the Member Entity's withdrawal. AMICLZ XY =XPULS I Ott The Authority may espel any Member utity as a participant is any program or as a Member of the Authority by a two-thirds Grote of the Member iatities, but.only for material breaches of this Agreement. ARTICLZ XXX K"ECT OT WITHDRAWAL OR ZXPULSIOM The withdrawal or expulsion of any Member intity titer the inception of its participation in any Program shall not terminate its responsibility toi A. To cooperate fully with the Authority in determining the cause of losses and in the sattlament of Claims, as defined in the oaverage agrsensat! So To pay any Deposit PrmLva LAorsases nail Metreapee"" PseiLm d3ustments determined by the board to be due and payable for each Program Yeas of each ]Program in which it participated! Co To provide the Authority with such statistical and loss esperieaoe data and other information as may be necassary for the Authority to carry aft the purposes of this Agreamant! and D. To cooperate with and assist the Authority "d any insurer, claims adjuster or legal counsel retained by the Authority, in all matters relating to this Agrewwnt. .-- ARTICLE XVII TERMINATION AND DISTRIBUTION This Agreement may be terminated any time during the first three -oncancellable years by the written consant of all Huber Entities, and thereafter by the written consent of three-fourths of the Member Entitiesi provided, however, that this Agreement and the Av thority shall continua to wrist for the purpose of disposing of all claims, distribution of assets and -ell other functions necessary to wind up the affairs of the Authority. Upon termination of this Agree"nt, all assets of the Authority shall be distributed only among the parties that have been participants io its trograsis, including any of those parties which previously withdraw pursuant to AWZCXM XIX and XX of this Agreement, in accordance with and proportionate to their net premium payments made during the tam of this Agreement. Ths board shall determine such distribution within six months after the last pending claim or loss covered by this Agreement has boon finally disposed of. The board is vested with all powers of the Authority for the purpose of concluding and dissolving the business affairs of the Authority. These powrs shall include the power to require Member sntitiss, inoluding those which were. Program participants at the time the claim ►rose or at the tiros the loss was _ recurred, to pay their share of any additional amount of premium deemed necessary by the board for final disposition of all claims and losses covered by this Agreement.' ARTICLE ]DCIII NOTIMS Notices to Member Entities under this Agreement shall be sufficient if sailed to their respective addresses on file with the Authority. Noticss to the Authority shall be sufficient if mailed to the address of the Authority as contained in the Bylaws. ARTICLE XXIV PROHIBITION AGAINST ASSIGWXZNT No Mevber entity way assign any right, olaia, or interest it my have under this Agreament, and no creditor• assignea sr third party bww9Loiary of AnY.Mamber Entity shall have any right, clalis or title to any part, abate, interest, fund, premiud or asset of the Authority. ARTICLE XXV AMENDMENTS This Agreement may be amended by a two-thirds vote of the Mambas Entities of the Authority at any regular or special meeting of the Member Entities, provided that any amendment is compatible with the purposes of this Agreement and has been submitted to the Member Entities at least 90 days in advanoe. My ueh amendment shall be effective immediately, finless otherwise dasignatod. ARTICLE XXVI SZVERADILITY 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 unforeeable or ineffectual, the validity of the remaining portions, teras, condition and provisions shall not be affected thereby. ARTICLE XXVII AGREEMENT COMPLETE The foregoing constitutes the :all and complete Agreement of the parties. There are no oral understandings or agreements no set forth in writinq herein. IN WITNESS WHEREOF, the parties hereto have e,:ecuted this Joint E:ercise of Powers Agreement by their duly autrlorized officers. CITY OF SAN RAFAEL ATTEST: City rk May 19, 1986 — ---------------- Mayor---- CALIFORNIA JOINT POWERS INSURANCE AUTHORITY -'P resident Secretary