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<br />Adopted: April 18, 2001 <br /> <br />JOINT POWERS AGREEMENT <br />CREA TIN G THE <br />CALIFORNIA PUBLIC ENTITY INSURANCE AUTHORITY <br /> <br />This Agreement is executed in the State of California by and among those public <br />agencies organized and existing under the Constitution of the State of California, which are <br />parties signatory to this Agreement. All such agencies which become members shall be listed in <br />Appendix A, attached hereto and made a part hereof. <br /> <br />RECIT ALS <br /> <br />WHEREAS, Article 1, Chapter 5, Division 7, Title 1 of the California Government Code <br />(section 6500 et seq.) permits two or more public agencies by agreement to exercise jointly <br /> <br />powers common to the contracting parties; and <br />WHEREAS, the public agencies executing this Agreement desire to join together for the <br />purpose of jointly funding, purchasing and/or establishing insurance and risk management <br />programs as determined; and <br />WHEREAS, Article 16, Section 6 of the California Constitution provides that insurance <br /> <br />pooling arrangements under joint exercise of power agreements shall not be considered the <br />giving or lending of credit as prohibited therein; and <br />WHEREAS, California Government Code Section 990.4 provides that a local public <br /> <br />entity may self-insure, purchase insurance through an authorized carrier, or purchase insurance <br />through a surplus line broker, or any combination of these; and <br /> <br />WHEREAS, California Government Code Section 990.6 provides that the cost of <br />insurance is a proper charge against the local public entity; and <br /> <br />WHEREAS, California Government Code Section 990.8 provides that two or more local <br />public entities by a joint powers agreement may provide insurance by anyone or more of the <br /> <br />methods specified in Government Code Section 990.4, and the pooling of self-insured claims or <br />losses is not considered insurance nor subject to regulation under the Insurance Code; and <br /> <br />WHEREAS, California Government Code Section 990.8 also provides that a joint powers <br />agreement may provide that if any peril insured or covered under a contract has existed and the <br />