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Page 1 of 21 <br /> Adopted: October 5, 1979 <br /> Amended: May 12, 1980 <br /> Amended: January 23, 1987 <br /> Amended: October 7, 1988 <br /> Amended: March 1993 <br /> Amended: November 18, 1996 <br /> Amended: October 4, 2005 <br />Amended: February 28, 2006 <br /> <br />JOINT POWERS AGREEMENT <br />CREATING THE CSAC EXCESS INSURANCE AUTHORITY <br /> <br /> This Agreement is executed in the State of California by and among those counties and public <br />entities organized and existing under the Constitution of the State of California which are parties signatory <br />to this Agreement. The CSAC Excess Insurance Authority was formed under the sponsorship of CSAC. <br />All such counties, hereinafter called member counties, and public entities, hereinafter called member <br />public entities, [collectively “members”] shall be listed in Appendix A, which shall be attached hereto and <br />made a part hereof. <br /> <br /> <br />RECITALS <br /> <br /> WHEREAS, Article 1, Chapter 5, Division 7, Title 1 of the California Government Code (Section <br />6500 et seq.) permits two or more public agencies by agreement to exercise jointly powers common to <br />the contracting parties; and <br /> WHEREAS, Article 16, Section 6 of the California Constitution provides that insurance pooling <br />arrangements under joint exercise of power agreements shall not be considered the giving or lending of <br />credit as prohibited therein; and <br /> WHEREAS, California Government Code Section 990.4 provides that a local public entity may <br />self-insure, purchase insurance through an authorized carrier, or purchase insurance through a surplus <br />line broker, or any combination of these; and <br /> WHEREAS, pursuant to California Government Code Section 990.6, the cost of insurance <br />provided by a local public entity is a proper charge against the local public entity; and <br /> WHEREAS, California Government Code Section 990.8 provides that two or more local entities <br />may, by a joint powers agreement, provide insurance for any purpose by any one or more of the methods <br />specified in Government Code Section 990.4 and such pooling of self-insured claims or losses is not <br />considered insurance nor subject to regulation under the Insurance Code; and <br /> WHEREAS, the counties and public entities executing this Agreement desire to join together for <br />the purpose of jointly funding and/or establishing excess and other insurance programs as determined; <br /> NOW THEREFORE, the parties agree as follows: