HomeMy WebLinkAboutResolution No. 2026-11 | Resolution Approving MPA Joint Exercise of Powers Agreement | Adopted 03/02/2026RESOLUTION NO. 2026-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING THE MUNICIPAL POOLING
AUTHOIRTY JOINT EXERCISE OF POWERS
AGREEMENT (JPA) FOR PROVIDING PUBLIC
LIABILITY, PROPERTY, VEHICLE, AND OTHER TYPES
OF INSURANCE COVERAGES AND RELATED RISK
MANAGEMENT SERVICES
WHEREAS, the Municipal Pooling Authority (MPA) was formed in 1977 by a Joint
Exercise of Powers Agreement; and
WHEREAS, the City of Gilroy is a Member Agency of MPA and has been a member
since July 1, 2015; and
WHEREAS, there have been amendments to the Municipal Pooling Authority (MPA)
Joint Exercise of Powers Agreement; and
WHEREAS, the Municipal Pooling Authority Amended and Restated Joint Exercise of
Powers Agreement, a copy of which is attached, has been updated to reflect these amendments;
and
WHEREAS, the City Council is familiar with the contents thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GILROY, AS FOLLOWS:
1. The adoption of the Municipal Pooling Authority Amended and Restated Joint
Exercise of Powers Agreement for providing public liability, property, vehicle, and other insurance
coverages is hereby approved, and the designated primary or alternate MPA Board member
(Human Resources Director/Risk Manager – primary board member; City Administrator –
alternate board member) is hereby authorized and directed to execute the same on behalf of the
City.
PASSED AND ADOPTED this 2nd day of March, 2026 by the following roll call vote:
AYES: COUNCIL MEMBERS: BRACCO, CLINE, FUGAZZI, HILTON,
MARQUES, RAMIREZ, BOZZO
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
Docusign Envelope ID: 0BB1F0A1-EF2F-4FAC-A36A-3B65A0651A52
Resolution No. 2026-11
MPA Joint Exercise of Powers Agreement
City Council Regular Meeting | March 2, 2026
Page 2 of 2
APPROVED:
Greg Bozzo, Mayor
ATTEST:
Kim Mancera, City Clerk
CERTIFICATE OF THE CLERK
I, KIM MANCERA, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2026-11 is an original resolution, or true and correct copy of a City Resolution,
duly adopted by the Council of the City of Gilroy at a Regular Meeting of said held on Council
held Monday, March 2, 2026 with a quorum present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this Tuesday, March 3, 2026.
Kim Mancera
City Clerk of the City of Gilroy
Docusign Envelope ID: 0BB1F0A1-EF2F-4FAC-A36A-3B65A0651A52
A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 1 | 10
MUNICIPAL POOLING AUTHORITY
AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT
This Amended and Restated Joint Exercise of Powers Agreement (hereafter “Agreement”) is
entered into by and among the public entities listed in Appendix A
(hereafter referred to a s "Members").
RECITALS
1. The Members are public entities organized and operating under the laws of the State of
California;
2. The followi ng State laws, among others, authorize the Members to enter into this Agreement:
a. Labor Code Section 3700, allowing a public entity to fund its own workers' compensation claims;
b. Government Code Sections 989 and 990, permitting a local public entity to insure itself
against liability and other losses;
c. Government Code Section 990.4, permitting a public entity to provide insurance and
self-insurance in any desired combination.
d. Government Code Section 990.6, providing that the cost of insurance authorized under
the related sections is a proper charge against the local public entity.
e. Government Code Section 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, et seq.; and
f. Government Code Sections 6500, et seq., permitting two or more local public entities
to jointly exercise under an agreement any power which is common to each of them.
3. Each of the Members desires to enter into an agreement with each of the others for the purpose
of insuring against various risks jointly, rather than individually.
4. Pursuant to Government Code Section 6508.1, the debts, liabilities, and obligations of MPA
shall not constitute debts, liabilities, or obligations of the Members.
5. MPA was originally formed by a Joint Powers Agreement in 1977. Since that time, the
Agreement has been amended several times, and Members have withdrawn from, and new
Members have been added to MPA.
Docusign Envelope ID: 0BB1F0A1-EF2F-4FAC-A36A-3B65A0651A52
A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 2 | 10
NOW, THEREFORE, for and in consideration of the mutual benefits, covenants and agreements set forth
herein, the Members agree as follows:
SECTION 1
Authority and Purpose
This Agreement is made under the authority of California Government Code Sections 6500, et seq.,
between the Members. The purpose of this Agreement is to exercise jointly the powers common to
each Member by managing risks and pooling or purchasing coverage for losses.
SECTION 2
Definitions
Unless the context otherwise requires:
1. "MPA" shall mean the public entity known as the Municipal Pooling Authority created by this
Agreement.
2. "Board" shall mean the governing body of MPA.
3. "Chief Admi nistrative Officer" shall mean the person appoi nted by the Board as the Chief
Administrative Officer of MPA.
4. "Claim" shall mean a claim or demand made against a Member arising out of an occurrence
that is covered or alleged to be covered by any Memoranda of Coverage issued by MPA or by a
purchased policy of insurance.
5. "Member" shall mean any public entity listed in Appendix A to this Agreement.
6. "Memoranda of Coverage" shall mean documents issued by MPA specifying the type, terms,
conditions, and limitations of coverage provided by MPA to each Member that participates
in the program .
SECTION 3
Creation of MPA
A public entity, separate and apart from the parties hereto and known as the Municipal Pooling Authority,
was previously created and is continued pursuant to Article 1, Chapter 5, Division 7, Title 1 of the California
Government Code (commencing with Section 6500).
Docusign Envelope ID: 0BB1F0A1-EF2F-4FAC-A36A-3B65A0651A52
A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 3 | 10
SECTION 4
Terms of Agreement
This Agreement is effective as of January 13, 2026 , and continues until terminated as hereafter
provided. The prior Joint Exercise of Powers Agreement is terminated upon the effective date
hereof.
SECTION 5
1.1.1 Governing Board
MPA shall be governed by a Board composed of one individual representative from each Member, each
serving in an individual capacity as a member of the Board. Each Member's governing body shall appoint
to the Board either its Manager or Director, or the department head or staff person, responsible for its
risk management function. Each Board member shall have one vote. Each Member shall appoint one
Alternate to the Board. The Alternate shall have the same qualifications as the Board member. The
Alternate may vote at any meeting of the Board at which the regular Board member is absent.
SECTION 6
Meetings and Committees
(a) Committees. The Board may establish an Executive Committee comprised of members of the Board
and delegate to it any powers or functions not reserved to the entire Board or otherwise
nondelegable. Other regular committees may be created by, or in accordance with, the procedures
set forth in Bylaws adopted by the Board. Ad hoc committees may, from time to time, be established
by the President of the Board to serve as temporary committees for a limited purpose.
(b) Meetings. The Board shall hold at least one regular meeting each year. The Board shall fix the date
upon which, and the hour and place at which, each regular meeting is to be held, and the Chief
Admini strative Officer shall notify each Member of that action. Other meetings of the Board and
meetings of any duly established committees may be held in accordance with applicable law. All
meetings of the Board and regular committees shall be held in a manner consistent with the Bylaws
and in compliance with the Ralph M. Brown Act (California Government Sections 54950, et seq.).
(c) Bylaws and Regulations. The Board may adopt Bylaws and regulations that are not inconsistent
either with applicable law or with this Agreement. In the event the Bylaws or regulations are
inconsistent with this Agreement, this Agreement shall control. The Chief Administrative Officer shall
send to each Member all such Bylaws and regulations, and any amendments thereto, promptly after
adoption by the Board.
SECTION 7
Docusign Envelope ID: 0BB1F0A1-EF2F-4FAC-A36A-3B65A0651A52
A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 4 | 10
1.1.2 Officers
(a) The Board shall elect a President and Vice-President from among its members to perform the duties
set forth in the Bylaws.
(b) The Chief Administrative Officer shall be the Secretary of MPA and shall be responsible for
maintaining all records of MPA.
(c) The Board shall elect a Treasurer with the qualifications and to perform the duties set forth in the
Bylaws.
(d) The Board may appoint such other officers, employ individuals, and contract with consultants and
other professional persons or firms as it considers necessary to carry out the purposes of this
Agreement.
SECTION 8
Powers of MPA
MPA shall have the powers and authority to exercise any powers common to its Members and is hereby
authorized, in its own name, to do all acts necessary for the exercise of such common powers, including,
but not limited to, each of the following:
(1) Make and enter into contracts;
(2) Incur debts, liabilities, and obligations, but no debt, liability, or obligation of MPA is a debt,
liability, or obligation of any Member, pursuant to Government Code Section 6508.1;
(3) Acquire, hold, or dispose of real and personal property;
(4) Receive contributions and donations of property, funds, services, and other forms of assistance
from any source;
(5) Sue and be sued in its own name;
(6) Employ agents and employees;
(7) Acquire, construct, manage, and maintain buildings;
(8) Lease real or personal property, including that of a Member;
Docusign Envelope ID: 0BB1F0A1-EF2F-4FAC-A36A-3B65A0651A52
A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 5 | 10
(9) Receive, collect, invest, and disburse monies; and
(10) Carry out other duties as required to accomplish other responsibilities as set forth in this
Agreement.
These powers shall be exercised in the manner provided by law and as expressly set forth in this
Agreement. Pursuant to Section 6509 of the California Government Code, the exercise of such powers
shall be subject only to those restrictions upon the manner of exercising the powers which are imposed
upon Members, such as the City of Pleasant Hill, in the exercise of similar powers.
SECTION 9
Fiscal Year
The "fiscal year" of MPA is the period from the first day of July of each year to and including the 30th
day of June of the following year.
SECTION 10
Coverage Provided by MPA
Pursuant to the payment of contributions by each Member, MPA shall provide coverage pursuant
to one or more Memoranda of Coverage and/or purchased policies of insurance under the
programs selected by the Member.
SECTION 11
1.1.3 Establishment and Administration of Funds
The Board shall establish such funds as it deems necessary to conduct the business of MPA.
SECTION 12
1.1.4 Budget
MPA shall adopt an annual budget no later than the first day of its fiscal year.
SECTION 13
1.1.5 Member Contributions
Docusign Envelope ID: 0BB1F0A1-EF2F-4FAC-A36A-3B65A0651A52
A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 6 | 10
The Chief Administrative Officer shall be responsible for calculating annually the amount of
contributions to be charged for coverage selected by Members. The Board shall approve each charge
before it takes effect. Each Member, by the act of paying its contribution, accepts the coverage provided
by MPA.
SECTION 14
Accounts and Records
The Chief Administrative Officer shall be responsible for establishing and maintaining the funds and
accounts in accordance with acceptable accounting practices and maintaining such other records as
the Board requires pursuant to the procedures set forth in the Bylaws. The Chief Administrative Officer
shall have the custody of and be responsible for the disbursement of MPA funds as provided by
accounting procedures developed in accordance with this Agreement and the Bylaws.
SECTION 15
1.1.6 Reserves
Separate reserves shall be maintained in the funds for each type of coverage.
SECTION 16
1.1.7 MPA Functions and Responsibilities
MPA shall provide comprehensive risk management services to its Members.
SECTION 17
1.1.8 Member Responsibilities
Each Member has responsibilities, including the following:
(1) Appoint its representative and alternate to the MPA Board in accordance with the applicable
practices and procedures.
(2) Cooperate fully with MPA in the investigation, defense, and settlement of Claims, including
compliance with any applicable Memoranda of Coverage.
(3) Comply with risk management recommendations, guidelines, and requirements
established by MPA;
Docusign Envelope ID: 0BB1F0A1-EF2F-4FAC-A36A-3B65A0651A52
A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 7 | 10
(4) Pay contributions and assessments approved by the Board when due.
(5) Provide MPA with data and other information requested; and
(6) Cooperate with and assist MPA and any insurer, adjuster, or legal counsel retained by MPA
in matters related to this Agreement, any Bylaws adopted by the Board, and any other
governing documents, policies, or procedures adopted by the Board.
SECTION 18
New Members
Upon the vote of two-thirds of all members of the Board, any other public entity in Contra Costa
County or in the general geographic area reasonably serviceable from Contra Costa County may
become a party to this Agreement upon execution of this Agreement, and shall forthw ith pay to
MPA its current contribution payment as determined in accordance herewith, as well as any fees
and expenses set by the Board.
SECTION 19
Cancellation of Coverage i n a Program or Programs
lf a Member fails to comply with this Agreement, any Bylaws adopted by the Board, or any
procedures or policies established by the Board, the Board may, by a two -thirds vote of all
members of the Board, refuse to provide coverage or may cancel any coverage being prov ided to
that Member in any program(s).
SECTION 20
Termination of Agreement and Disposi tion of
Assets Upon Termination of Agreement
This Agreement may be terminated upon the unanimous consent of all parties to it. Upon complete
termination of this Agreement by all Members and the settlement of all liabilities and claims,
including incurred but not reported claims, all property of MPA s hall be divided among the
Members in a ratio equal to that of the total amounts paid by the Members for the five (5) fiscal
years preceding the year in which the Agreement is terminated.
SECTION 21
Withdrawal of a Member
A Member may withdraw as a Member and party to the Agreement, effective at the end of any fiscal
year upon giving MPA six (6) months prior written notice of its intent to withdraw.
SECTION 22
Expulsion
Docusign Envelope ID: 0BB1F0A1-EF2F-4FAC-A36A-3B65A0651A52
A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 8 | 10
The Board, by a three-fourths vote of all members of the Board, may expel any member for the reasons and under the procedures set forth in the Bylaws. SECTION 23
Effect of Withdrawal or Expulsion
The withdrawal or expulsion of any Member shall not terminate its responsibilities and obligations as set
forth in MPA’s governing documents.
Upon withdrawal of a Member, that Member is entitled only to its pro rata share of the balance of the amount
paid by it for the fiscal year in which withdrawal takes place. That Member shall not participate in or be
entitled to any other funds, property, or other assets of MPA. Coverages under all pool coverage programs
for the coverage periods in which that Member participated will remain in effect and continue until the
conclusion of their respective program years.
SECTION 24
Liability and Indemnification
MPA shall defend and indemnify its Board members, officers, and employees to the same extent as any other
public entity of the State of California is obliged to defend and indemnify its public employees pursuant to
California Government Code Section 825, et seq., or other applicable provisions of law.
MPA may insure or self-insure itself to the extent deemed necessary by the Board against loss, liability and
claims arising out of or connected to the conduct of MPA's activities.
SECTION 25
Assessment
Upon a two-thirds vote of all members of the Board, the Board shall have the authority to levy a cash
assessment for any pooled coverage program if the Board finds that there are insufficient funds
availabl e to MPA to meet its legal obligations.
Any cost, including attorneys' fees, incurred by MPA in collecting any cash assessment shall be
reimbursed by the Member against which such collection action has been taken.
Section 26
Dividends and Premium Rebates
Upon a two-thirds vote of all members of the Board, the Board shall have the authority to declare a
dividend, rebate of excess contributions, and/or reduction of future contributions for any pooled
coverage program if the Board finds there are excess reserves in the retention fund.
Docusign Envelope ID: 0BB1F0A1-EF2F-4FAC-A36A-3B65A0651A52
A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 9 | 10
SECTION 27
Severability
lf any portion, term, condition or provision of this Agreement is determined by a court to be illegal or
in conflict with a law of the State of California, or is otherwise rendered unenforceable or ineffectual,
the validity of the remaining portions, terms, conditions, and provisions is not affected.
SECTION 28
Prohibition Against Assignment
No Member may assign a right, claim, or interest it may have under this Agreement. No creditor,
assignee, or third party beneficiary of a Member has a right, claim, or title to any part, share,
interest, fund, premium or asset of MPA.
SECTION 29
Amendment
This Agreement may be amended by Resolution of the governing bodies of two- thirds of the then -
participating Members. Appendix A to this Agreement may be amended to correctly list current
Members without separate action by the governing bodies of the Members or the Board, and
provided any additional members execute the Agreement.
SECTION 30
Notices
Notices to Members under this Agreement shall be sufficient if delivered to the office of the
Member. Notices to MPA shall be sufficient if delivered to the office of the Chief Administrative
Officer.
Docusign Envelope ID: 0BB1F0A1-EF2F-4FAC-A36A-3B65A0651A52
A p p r o v e d b y t h e B O D o n J a n u a r y 1 3 , 2 0 2 6 , P a g e 10 | 10
Member Date Joined
Antioch 5/2/1977
Brentwood 5/2/1977
Clayton 5/2/1977
Danville 2/1/1983
Gilroy 7/1/2015
El Cerrito 5/2/1977
Hercules 5/2/1977
Lafayette 5/2/1977
Manteca 1/1/1998
Martinez 5/2/1977
Moraga 5/2/1977
Mountain House 7/1/2024
Oakley 7/1/2002
Orinda 7/1/1986
Pacifica 7/1/2006
Pinole 5/2/1977
Pittsburg 5/2/1977
Pleasant Hill 5/2/1977
San Pablo 5/2/1977
San Ramon 7/1/1986
Walnut Creek 5/2/1977
MUNICIPAL POOLING AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT
Appendix A - List of MPA Members
Docusign Envelope ID: 0BB1F0A1-EF2F-4FAC-A36A-3B65A0651A52