CC RESOLUTION 5600RESOLUTION NO. 5600
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL SEGUNDO, CALIFORNIA AUTHORIZING
PARTICIPATION IN THE EMPLOYMENT RISK
MANAGEMENT AUTHORITY
The City Council of the City of El Segundo does resolve as follows:
SECTION 1: Recitals.
A. The City of El Segundo wishes to obtain Employment Practices Liability
coverage for the period(s) July 1, 2026 through July 1, 2027; and
B. The Employment Risk Management Authority (ERMA) is a self -insured joint
powers authority created for the sole purpose of Employment Practices
Liability Coverage. ERMA is comprised of various public entities that risk
share up to $1 million against potentially unlawful employment practices and
discrimination claims; and
C. ERMA was formed primarily due to the fact that government entities have
not historically been able to secure Employment Practices Liability (EPL)
coverage at a competitive cost through the commercial insurance
marketplace; and
D. ERMA has met all of the high professional standards established by the
California Association of Joint Powers Authorities (CAJPA) in the areas of
governance, finance, claims control, safety, and loss control, and ERMA is
fully accredited by CAJPA. CAJPA's accreditation process requires reviews
by independent consultants in the areas of accounting, claims adjusting,
and actuarial analysis; and
E. ERMA provides services to both Joint Powers Insurance Authorities and
individual public entities; and
F. The City of El Segundo has determined that it is in the best interest to
become a member of ERMA for the purpose of obtaining Employment
Practices Liability coverage; and
G. ERMA requires the City of El Segundo to pass a resolution expressing the
desire and commitment of the City's participation in ERMA, which requires
a three-year minimum participation period. The City of El Segundo also
understands it will be bound by the provisions in the ERMA Joint Powers
Agreement, a copy of which is attached as Exhibit A to this resolution, as
though it were fully set forth and incorporated herein, regardless of whether
the City had signed it individually or through an underlying Joint Powers
Insurance Authority.
SECTION 2: Approval, Authorization. The City Council approves the City of El Segundo's
participation in ERMA effective July 1, 2026 and the City Manager, or his designee, is
hereby authorized to take any and all actions necessary to implement this resolution.
RESOLUTION NO. 5600
PAGE 1 of 3
SECTION 3: Severability. If any part of this Resolution or its application is deemed invalid
by a court of competent jurisdiction, the City Council intends that such invalidity will not
affect the effectiveness of the remaining provisions or applications and, to this end, the
provisions of this Resolution are severable.
SECTION 4: Signature Authority. The Mayor, or presiding officer, is hereby authorized to
affix his signature to this Resolution signifying its adoption by the City Council of the City
of El Segundo, and the City Clerk, or her duly appointed deputy, is directed to attest
thereto.
SECTION 5: Effective Date. This Resolution will take effect immediately upon adoption
and will remain effective unless repealed or superseded.
SECTION 6: City Clerk Direction. The City Clerk will certify to the passage and adoption of
this Resolution, enter it in the City's book of original Resolutions, and make a record of this
action in the meeting's minutes.
PASSED, APPROVED AND ADOPTED this 2nd day of June, 2026.
ATTEST:
fi
� a
i
e F .
Susan TruaxJ City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
Chris Pimentel, Mayor
RESOLUTION NO. 5600
PAGE 2 of 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Susan Truax, City Clerk of the City of El Segundo, California, do hereby certify that the
whole number of members of the City Council of said City is five; that the foregoing
Resolution No. 5600 was duly passed, approved, and adopted by said City Council at a
regular meeting held on the 2nd day of June, 2026, approved and signed by the Mayor,
and attested to by the City Clerk, by the following vote:
AYES:
Mayor Pimentel, Mayor Pro Tern Baldino, Council Member Boyles, and
Council Member Keldorf
NOES:
None
ABSENT:
Council Member Giroux
ABSTAIN:
None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 2nd day of June, 2026.
Exhibit A — Employment Risk Management Authority
Susan Truk' City Clerk
of the City o El Segundo,
California
RESOLUTION NO. 5600
PAGE 3 of 3
JOINT POWERS AGREEMENT
CREATING THE
EMPLOYMENT RISK MANAGEMENT AUTHORITY
(ERMA)
EMPLOYMENT RISK MANAGEMENT AUTHORITY
(ERMA)
JOINT POWERS AGREEMENT
TABLE OF CONTENTS
RECITALS............................................................................................................................................................................
ARTICLEI................................................................................................................... ............-...........,...,....—......,........,.. 2
CREATION OF EMPLOYMENT RISK MANAGEMENT AUTHORITY .............--...... -- ... -- ....... ....,.,...... 2
ARTICLE11 .......... ..... ..a o. ........ . .,....... ............ ..
PURPOSES............................................................................................................................................................ 2
ARTICLEIII......................................................................................................................................................................... 3
DEFINITIONS....................................................................................................................................................... 3
ARTICLEIV......................................................................................................................................................................... 5
PARTIES TO AGREEMENT................................................................................................................................ 5
ARTICLEV.......................................................................................................................................................................... 5
TERMOF AGREEMENT..................................................................................................................................... 5
ARTICLEVI.......................................................................................................................................................................... 5
POWERSOF ERMA.............................................................................................................................................. 5
ARTICLEVII........................................................................................................................................................................ 7
MEMBERS POWERS AND RESPONSIBILITIES............................................................................................... 7
ARTICLEVIII....................................................................................................................................................................... 8
BOARDOF DIRECTORS...................................................................................................................................... 8
ARTICLEIX.......................................................................................................................................................................... 8
EXECUTIVECOMMITTEE.................................................................................................................................. 8
ARTICLEX........................................................................................................................................................................... 8
ELECTION, APPOINTMENT AND DUTIES OF OFFICERS ........ ........ ...... ---- ............. ...... ........ 8
ARTICLEXI.......................................................................................................................................................................... 9
MEETINGSAND RECORDS................................................................................................................................ 9
ARTICLEXII........................................................................................................................................................................ 9
BYLAWS AND ADMINISTRATIVE POLICIES AND PROCEDURES............................................................. 9
ARTICLEXIII..................................................................................................................................................................... 10
FISCALYEARS................................................................................................................................................... 10
Table of Contents (Continued)
Page 2
ARTICLEXIV.....................................................................................................................................................................
10
BUDGET..............................................................................................................................................................
10
ARTICLEXV......................................................................................................................................................................
10
FINANCIALAUDITS..........................................................................................................................................
10
ARTICLEXVI.....................................................................................................................................................................
10
ESTABLISHMENT AND ADMINISTRATION OF FUNDS.............................................................................
10
ARTICLEXVII..................................................................................................................................................................
11
DEPOSITPREMIUM..........................................................................................................................................
11
ARTICLEXVIII.................................................................................................................................................................
I 1
ASSESSMENTS AND DIVIDENDS..................................................................................................................
I
ARTICLEXIX..... ........... ........... .......„ ......... .......... .-- ..... ...... ....,. .........-....,.... .....,....
11
(',OV1;`I GI.- PROGRAMS ...................... ............ ...,......... --- ............... . ......... .,..,.... ......... .........
I I
ARTICLEXX...... . . ....... ......... ...„....... ,................... .. ,.. ......--- ....... --- ,, .......,,.... ........ --- ............ ..,...
12
NI;W MI.,MBI"'RS... ................... ---- .... ---- .............. - .......... ---- .......... ---.......... ................
ARTICLEXXI....................................................................................................................................................................
12
WITHDRAWAL..................................................................................................................................................
12
ARTICLEXXII..................................................................................................................................................................
13
EXPULSION........................................................................................................................................................
13
ARTICLEXXIII.................................................................................................................................................................
13
EFFECT OF WITHDRAWAL OR EXPULSION...............................................................................................
13
ARTICLEXXIV.................................................................................................................................................................
14
TERMINATION AND DISTRIBUTION............................................................................................................
14
ARTICLE XXV ..... ......... . ......... ......... ......... ......,... ,.........
NOTICES.............................................................................................................................................................
14
ARTICLEXXVI.................................................................................................................................................................
15
PROHIBITION AGAINST ASSIGNMENT.......................................................................................................
15
AR1ICLI: XVI1.. ........ ........ ......... ............ ..... ............. ............. ,.................. ............ ...,..
15
AMENDMENTS-..,..—,,,,,,, ...... ......... ................ ......... ,,........... , ...,., „ ..,.... ........ .,,,...,.
15
ARTICLEXXVIII .................... ..„.... ............... .......... ............... ........... .......... , ................ ...,...........
15
SEVERABILITY........ ............... ............. .......... ...,,..,..... ....„,,...
ARTICLEXXIX.................................................................................................................................................................
15
HOLD HARMLESS AND INDEMNIFICATION..............................................................................................
15
ARTICLEXXX..................................................................................................................................................................
16
AGREEMENTCOMPLETE...............................................................................................................................
16
ARTICLEXXXI ... .......... ........ ............. ........ .................. .... ......,,........... ,,,............ .,.....
16
EXECUTION OF COUNTERPARTS.................................................................................................................
16
2
EMPLOYMENT RISK MANAGEMENT AUTHORITY
(ERMA)
This Agreement is made by and among the public entities listed in Appendix A (Member
Entities), all of which are public entities organized and operating under the laws of the State of
California and each of which is a local public entity as defined in California Government Code
Section 989, as it may be amended from time to time.
RECITALS
The following state laws, among others, authorize the Members to enter into this Agreement:
A. Government Code Sections 989 and 990 permitting a local public entity to insure
itself against liability and other losses;
B. Government Code Section 990.4 permitting local public entity to provide insurance
and self-insurance in any desired combination;
C. Government Code Section 990.8 permitting two or more local entities to enter into an
agreement to jointly fund such expenditures under the agency to Government Code
Sections 6500-6515; and
D. Government Code Sections 6500-6515 permitting two or more local public entities to
jointly exercise under an agreement any power which is common to each of them.
2. The governing board of each undersigned agency has determined that it is in its own best
interest and in the public interest that this Agreement be executed and that it shall participate
as a Member of the public entity created by this Agreement.
NOW, THEREFORE, the undersigned, in consideration of the mutual benefits, promises and
agreements set forth below, hereby agree as follows:
ARTICLE I
CREATION OF EMPLOYMENT RISK MANAGEMENT AUTIIOR.IT
Pursuant to Article 1, Chapter 5, Division 7, Title I of the Government Code of the State of
California (commencing with Section 6500), the parties hereto hereby create a public authority,
separate and apart from the parties hereto, to be known as the Employment Risk Management
Authority, hereinafter referred to as ERAM. Pursuant to Government Code Section 6508.1, the
debts, liabilities, and obligations of this Authority shall not constitute debts, liabilities, or obligations
of the Member Entities.
ARTICLE II
PURPOSES
This Agreement is entered into by Members pursuant to the provisions of California Government
Code Sections 990, 990.4, 990.8, and 6500, et seq., to:
A. Develop effective risk management programs to reduce the amount and frequency of
their losses;
B. Share the risk of self -insured losses; and
C. Jointly purchase excess insurance and administrative and other services including,
but not limited to: claims adjusting, data processing, risk management, litigation
management, accounting services, actuarial services, legal services, and training and
loss prevention services in connection with any of the Coverage Programs for said
parties. These purposes shall be accomplished through the exercise of the powers of
the Members jointly in the creation and operation of ERMA.
It is also the purpose of this Agreement to provide for the inclusion, at a subsequent
date, of such additional public entities organized and existing under the Constitution
or laws of the State of California as may desire to become parties to this Agreement
and Members of ERMA, subject to Article XIX, to the extent permitted by law.
Oa
It is also the purpose of this Agreement to provide for the removal of Members for
cause or upon request.
ARTICLE III
DEFINITIONS
Unless the context otherwise requires, the following terms shall be defined as herein stated;
A. A reetnew " shall mean the joint powers agreement creating the Employment Risk
Management Authority.
B. ""Alie)-hate " shall mean the person designated by the Member to act as a director of
ERMA in the absence of the Representative. The Alternate shall have the same
responsibility, power and authority as the Representative.
C. "Assessment" shall mean an amount determined by the Board of Directors or
Executive Committee to be paid by each Member as necessary to meet ERMA's
obligations.
D. "ERMA" shall mean the Employment Risk Management Authority created by the
Agreement.
E. "Board" or oardl o ` Directors" shall mean the governing body of ERMA
composed of a representative of each Member.
F. ""C."over°ac" 1'r or�cxm,s" "" shall mean coverages provided directly by ERMA pursuant to
a Memorandum of Coverage and/or provided by a purchased coverage.
G. "De :rosit Prenahan - shall mean the annual dollar amount determined by the Board of
Directors or Executive Committee which is payable by each Member as its
established share of the funding required to cover the financial obligations of each
Coverage Program in which the Member participates.
3
H. ° Exeess Insrirance" shall mean that commercial insurance or reinsurance purchased
by ERNIA to cover losses in excess of ERMA's Coverage Program limits and/or each
Member's Retained Limit.
l . " r fasler Eoctanent " shall mean the document that sets forth the operations,
policies and procedures of a given Coverage Program.
J. "11einber " shall mean any organization that is a party to the Agreement.
K. "Menvoranchan o 'Coi1era e "' shall mean a document issued by ERMA to Members
specifying the type, amount and conditions of coverage provided to each participant
by ERMA.
L. "`Pro rcrr 1'eor" shall mean a period of time determined by the Board or Executive
Committee, usually 12 months, into which each Coverage Program shall be
segregated for purposes of accounting and record -keeping.
M. "Rc,, resentative shall mean the person designated by the Member to act as a
director of ERNIA. The Representative shall have the authority to bind the Member
on any and all matters relating to the business of ERMA.
N. "Retained Limit" shall mean the amount of a claim which the Member must pay or
become liable for before ERMA, or any applicable purchased Coverage Program, is
obligated to pay.
ARTICLE IV
PALITII�S TO AGREEI'ENT
Each party to this Agreement certifies that it intends to, and does, contract with all other parties who
are signatories of this Agreement and, in addition, with such other parties as may later be added as
4
parties to, and signatories of, this Agreement pursuant to Article XIX. Each party to this Agreement
also certifies that the deletion of any party from this Agreement shall not affect this Agreement or the
remaining parties' intent to contract as described above with the other parties to the Agreement then
remaining.
ARTICLE V
TERM ()FA'GRE "ME T
This Agreement shall become effective when executed by five or more public entities with a
combined payroll of $500,000,000, or 15,000 full-time equivalent employees, and shall continue in
full force until terminated in accordance with Article XXIII.
ARTICLE VI
POWERS OF ER,414
ERMA is authorized, in its own name, to do all acts necessary to fulfill the purposes of this
Agreement as referred to in Article II, including, but not limited to:
A. Make and enter into contracts;
B. Incur debts, liabilities and obligations; but no debt, liability or obligation of ERMA is
a debt, liability or obligation of any Member, except as otherwise provided by
Articles XXII and XXIII;
5
C. Issue bonds or other instruments of indebtedness;
D. Acquire, hold or dispose of real and personal property;
E. Receive contributions and donations of property, funds, services and other forms of
assistance from any source;
F. Sue and be sued in its own name;
G. Employ agents and employees;
H. Lease real or personal property, including that of a Member;
I. Receive, collect, invest and disburse monies;
J. Develop and administer Coverage Programs as the Board or Executive Committee
may approve;
K. Undertake such other activities as may be necessary to carry out the purposes of this
Agreement; and
L. To admit and expel Members..
These powers shall be exercised in the manner provided by applicable law and as expressly set forth
in this Agreement. ERMA's powers are those which are common to all Members.
6
ARTICLE VII
MEHBFSR ' PO'ti ERS AND RESPONSIBILITIES
A. POWERS
The Members shall have the following powers:
1. To approve the Agreement;
2. To appoint a Representative and Alternate to the Board of Directors; and
3. To decide if and when the Agreement should be terminated.
B, RESPONSIBILITIES
The Members shall have the following responsibilities:
1. To cooperate fully with ERMA in determining the cause of losses and in the
settlement of claims, as defined in the Memorandum of Coverage;
2, To comply with the requirements of all ERMA training and policy, practice and
procedure requirements;
3. To pay Deposit Premiums and any adjustments or Assessments thereto promptly to
ERMA when due;
4. To provide ERMA with such statistical loss experience data and other information as
may be necessary for ERAIL4 to carry out the purposes of this Agreement;
5, To cooperate with and assist ERMA and any insurer or reinsurer, claims adjuster,
claims auditor, or legal counsel retained by ERMA in all matters relating to this
7
Agreement and to comply with the Bylaws and all policies and procedures adopted
by the Board or Executive Committee; and
6. To abide by all decisions of the Board or Executive Committee.
ARTICLE VIII
BOARD OFDIRECTORS
There shall be a Board of Directors to govern the affairs of ERNIA. ERMA's Board shall be
comprised of a Representative from each Member. Said Representative, or Alternate, shall have
authority to bind the Member on all matters pertaining to this Agreement.
The powers of the Board, unless otherwise delegated pursuant to the Bylaws, shall be all of the
powers of ERMA not specifically reserved to the Members by this Agreement and shall include, but
not be limited to, Article VI of this Agreement.
ARTICLE IX
EXECUTIVE COMMITTEE
The Board may create an Executive Committee comprised of members of the Board and delegate
one or more of its powers to the Executive Committee except those powers not delegable. An
appointment to the Executive Committee, if any, is by an election of the Board of Directors as
addressed in the Bylaws.
ARTICLE X
ELECTION, APPOINTMENT AND DUTIES OF OFFICERS
The election, appointment and duties of officers shall be as set forth in the Bylaws.
8
ARTICLE XI
MEETINGS AND RECORDS
A. BOARD MEETINGS
The Board shall hold at least one regular meeting each fiscal year as defined in Article XII of this
Agreement. The Board shall fix the date, hour and place at which each regular meeting is to be held
in accordance with the Bylaws. Special meetings may be called and noticed in accordance with the
Bylaws. Written notice of such special meetings shall be delivered to each representative of the
Board at least twenty-four hours before such meeting.
Each meeting of the Board, 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).
B. RECORDS
The Secretary shall keep or have kept minutes of all regular, adjourned regular and special meetings
of the Board. As soon as possible after each meeting, the Secretary shall forward a copy of the
minutes to each representative of the Board.
ARTICLE XII
BYLAWS AND ADMINISTRATIVE POLICIES AND PROCEDURES
The Board or Executive Committee shall through resolution, adopt, rescind or amend Bylaws and
administrative policies and procedures consistent with applicable law and this Agreement to govern
the day-to-day operations of ERMA. Each representative and alternate shall receive a copy of any
Bylaws, Master Program Document, and administrative policies and procedures developed under
this Article.
The Secretary shall promptly send to each representative and alternate each Bylaw amendment,
Master Program Document change, and administrative policy and procedure change after its
adoption by the Board or Executive Committee.
ARTICLE XIII
FISCAL YEARS
Fiscal years of ERNIA shall begin on July 1 and end on June 30.
ARTICLE XIV
BUDGET
The Board or Executive Committee shall adopt an annual budget prior to the beginning of each
Program Year.
ARTICLE XV
FINANCIAL AUDITS
The Board of Directors or Executive Committee shall cause a financial audit as set forth in the
Bylaws. Such financial audit shall be filed as a public record with each of the Members and the
State Controller as required by law. All costs of such financial audit shall be paid by ERMA and
shall be charged against the Members in the same manner as other administrative costs.
ARTICLE XVI
ESTABLISHMENT AND ADMIN:ISTIIATIGN OF FUN.I)S
ERNIA shall be responsible for the strict accountability of all funds and reports of all receipts and
disbursements. It will comply with all provisions of law relating to the subject, particularly Section
6505 of the California Government Code.
All of the monies of ERMA may be invested in common. However, each Program Year shall be
accounted for separately on a full accrual basis.
10
The Treasurer shall receive, invest and disburse funds only in accordance with the guidelines and
procedures established by the Board or Executive Committee in its adopted investment policy which
shall be in conformity with applicable law.
ARTICLE XVII
DEPQSIT REA?II M
The Deposit Premium for each Member shall be calculated and paid as stated in the Bylaws and
Master Program Document..
ARTICLE XVIII
ASSESSMENTS AND DIVIDENDS
Assessments and dividends for each Member shall be calculated as provided for in the Bylaws and
the Master Program Document.
ARTICLE XIX
O PAGE"PR+CJG A MS
The Board or Executive Committee may adopt such Coverage Programs as it deems necessary to
further the goals of its Members. All Coverage Programs shall be defined by a Memorandum(s) of
Coverage; insurance policy(ies), or document(s) with a copy provided to each Member.
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ARTICLE XX
NEW .MEMBERS
Admission to ERMA requires approval of two-thirds of the Board or Executive Committee and is
conditioned upon the applicant executing the Agreement. Membership shall become effective upon
the date established by the Board or Executive Committee. Prospective Members may apply for
participation in ERMA as provided for in the Bylaws and Master Program Document.
ARTICLE XXI
WITHDRAWAL
Any Member of ERMA may withdraw from its status as a Member and as a party to the Agreement
only after participation for at least three full Program Years. The withdrawal may be effected only
at the end of a fiscal year or at any other time which is agreed to by the Board or Executive
Committee. Any withdrawing Member must notify ERMA in writing at least six (6) months prior to
the end of the fiscal year that it intends to withdraw. A notice of withdrawal shall be final and
irreversible upon its receipt by the Authority unless the Board or Executive Committee authorizes it
to be rescinded by the Member.
The withdrawal of any Member shall not terminate its responsibility to contribute its share of
Deposit Premiums, unpaid insurance or Excess Insurance premiums, surcharges, administration
costs, claims (including unreported claims), or funds to any Coverage Program until all claims, or
other unpaid liabilities, covering the period of participation by the Member in the Coverage Program
have been finally resolved and a determination of the final amount of payments due by the Member
or credits to the Member has been made by the Board or Executive Committee.
After withdrawal, the withdrawing Member shall continue to be responsible for any Assessments
made for years of membership.
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ARTICLE XXII
EXPULSION
ERMA may expel any Member, with or without cause, as a participant in any Coverage Program or
as a Member of ERMA by a two-thirds vote of the Board or Executive Committee.
ARTICLE XXIII
EFFECT OF, WITHDRAWAL OR EXPULSION
The withdrawal or expulsion of any Member after the inception of its participation in any Coverage
Program shall not terminate its responsibility to:
A. Cooperate fully with ERMA in determining the cause of the losses and in the defense
or settlement of claims, as defined in the Memorandum of Coverage;
B. Pay any Assessments determined by the Board or Executive Committee to be due and
payable for each Program Year in which it participated, as well as Assessments for
continuing required services in subsequent years until all Program Years in which
the Member participated have been closed;
C. Provide ERMA with such statistical and loss experience data and other information as
may be necessary for ERMA to carry out the purposes of this Agreement; and
D� Cooperate with and assist ERNIA, any insurer, claims adjuster or legal counsel
retained by ERMA, in all matters relating to this Agreement.
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ARTICLE XXIV
T'ER C4'Ii.INA:[ION AND DISTRIBUTION
'ION
This Agreement may be terminated any time during the first three years by the written consent of all
Members, and thereafter by the written consent of two-thirds of the Members. However, this
Agreement and ERMA shall continue to exist for the purpose of disposing of all claims, distributing
assets and all other functions necessary to conclude the affairs of ERMA.
Upon termination of this Agreement, all assets of ERMA shall be distributed only among the
Members that have been participants in the Coverage Programs, including any of those Members
which previously withdrew pursuant to Articles XXI and XXII of this Agreement, in accordance
with and proportionate to their Deposit Premiums and Assessments paid during the term of this
Agreement. The Board or Executive Committee shall determine such distribution within six months
after the last pending claim or loss covered by this Agreement has been finally resolved and there is a
reasonable expectation that no new claims will be filed.
The Board is vested with all powers of ERMA for the purpose of concluding and dissolving the
business affairs of ERMA. These powers shall include the power to require Members, including
those which were Coverage Program participants at the time the claim arose or at the time the loss
was incurred, to pay their share of any Assessments deemed necessary by the Board or Executive
Committee for final disposition of all claims and losses covered by this Agreement for any Program
Year.
ARTICLE XXV
NOTICES
Notices to Members under this Agreement shall be sufficient if mailed to their respective addresses
on file with ERMA. Notices to ERMA shall be sufficient if mailed to the address of ERMA as
adopted by the Board or Executive Committee.
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ARTICLE XXVI
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, interest, funds, Deposit Premium or asset of ERMA.
ARTICLE XXVII
AMENDMENTS
This Agreement may be amended by written approval of two-thirds (2/3rds) of the Representatives.
Upon signature of any amendment by two-thirds (2/3rds) of the Representatives, any Member failing
or refusing to abide by such amendment may be expelled in accordance with the provisions of
Article XXII.
ARTICLE XXVIII
SEVERABILITY
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.
ARTICLE XXIX
HOLD IIARMLESS AND IN:DEMNIF1CATION
Section 895.2 of the California Government Code imposes certain tort liability jointly upon entities
solely by reason of such entities being parties to an agreement as defined in Section 895 of said
Code. Therefore, the Members hereto, as between themselves, pursuant to the authorization
contained in Sections 895.4 and 895.6 of the California Government Code, each assumes the full
15
liability imposed upon it or any of its officers, agents, or employees by law for injuries caused by a
negligent or wrongful act or omission occurring in the performance of this Agreement to the same
extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve
this purpose, each Member indemnifies and holds harmless all other Members for any loss, cost, or
expense that may be imposed upon such other Member when solely by virtue of Section 895.2 of the
California Code. No Member shall be jointly and severally liable for any debts or obligations of
ERMA or any other Member.
ARTICLE XXX
GRI EME1+aT COl' PL TE.
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 XXXI
EXECUTION OF COUNTERPART$
This Agreement may be executed in any number of counterparts, each of which when so executed
shall be deemed to be an original, but altogether shall constitute one and the same Agreement.
IN WITNESS WHEREOF, the parties hereto have executed the Joint Powers Agreement for the
pooling of self-insurance as of the day of ,
Joint Powers Authority or Individual Entity:
By:
President or Duly Authorized Official
By:
Secretary or Clerk
EL
APPENDIX A
MEMBER ENTITIES
1. Bay Cities Joint Powers Insurance Authority
2. California Transit Indemnity Pool
3. Central San Joaquin Valley Risk Management Authority
4. Exclusive Risk Management Authority of California
5. Monterey Bay Area Self Insurance Authority
6. Municipal Pooling Authority of Northern California
7. Pooled Liability Assurances Network
8. Public Agency Risk Sharing Authority of California
9. Small Cities Organized Risk Effort
10. Vector Control Joint Powers Agency
11. Housing Authority of the County of Contra Costa
12. Oakland Housing Authority
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