HomeMy WebLinkAbout4.08 LAVTA JPA Amendment 00 '4f0
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 22, 1988
SUBJECT Amendment to the LAVTA Joint Powers Agreement
EXHIBITS ATTACHED Excerpt from current JPA dated May 28 , 1985 ;
Resolution containing the proposed amendment
RECOMMENDATION VV Adopt Resolution .
FINANCIAL STATEMENT: None .
DESCRIPTION The Legal Counsel for the Livermore/Amador Valley
Transit Authority (LAVTA) has requested that the member agencies amend the
current Joint Powers Agreement (JPA) . The proposed amendment relates to the
portion of the Agreement which specifies the insurance coverage to be
provided .
The current Agreement stipulates that the Authority would be responsible for
providing all insurance including the vehicle liability insurance with a
maximum per occurrence limit of $10 million. The proposed amendment
attached to the resolution broadens the method by which the insurance limits
will be provided . The revised language specifies that the maintenance and
operations contractor will maintain in full force and effect specified
insurance coverages including an umbrella policy in the amount of $10
million. Each of the public entities will also be named as an additional
insured . The revised language also stipulates that in the event that the
maintanence and operations contractor is unable to procure limits of
insurance as set forth , then the Authority would take immediate steps to
procure the coverage outlined in the Agreement .
The amendment will allow the coverage to be provided in an expedient manner .
The proposed amendment has already been approved by the Cities of Livermore
and Pleasanton and provided that the amendment is approved by the City of
Dublin the amendment will then be forwarded to Alameda County for their
consideration . The City Attorney ' s Office has reviewed the proposal with
LAVTA Legal Counsel and concurs that the insurance provisions in the amended
agreement are appropriate.
Staff recommends that the City Council adopt the Resolution authorizing the
Mayor to execute the Amendment .
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COPIES TO:
Vic Sood , LAVTA
ITEM N0.
service levels, the Board may also consider other relevant
'A factors such as bus miles traveled , fare box revenues received ,
ridership, number of stops, average speed, local geography and
the impact of regional destinations and percentage of residential
population within one quarter mile of a bus route. In no case,
however , shall service levels differ by more than 10% from
population based allocations.
10 . Debts and Liabilities. The debts, liabilities, and
obligations of Authority shall not be the debts , liabilities, and
obligations of . the member jurisdictions, or any of them except as
provided in Paragraph 15 .
11 . Insurance. Authority shall maintain insurance coverage
in at least the following amounts and each member jurisdiction
shall be named as an additional primary insured :
PUBLIC LIABILITY
General Bodily Injury - 51 ,000,000 Per Occurrence
General Property Damage - $ 100, 000 Per Occurrence
or
Combined Single Limit on Bodily Injury and Property
Damage Liability - $1 ,000,000
VEHICLE LIABILITY ;.
Bodily Injury - $1 ,000,000 Per Person/$10 ,000,000
Per Occurrence
Property Damage - $ 250, 000 Per Occurrence
or
Combined Single Limit on Bodily Injury and Property Damage
Liability - $10 ,000,000
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RESOLUTION NO. — 88
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AUTHORIZING EXECUTION OF AMENDMENT NUMBER 1
TO LIVERMORE/AMADOR VALLEY TRANSIT AUTHORITY
JOINT EXERCISE OF POWERS AGREEMENT
WHEREAS , the Dublin City Council entered into a Joint
Exercise of Powers Agreement (JEPA) with the Cities of Livermore
and Pleasanton and the County of Alameda in May of 1985; and
WHEREAS , the JEPA document created the Livermore/Amador
Valley Transit Authority; and
WHEREAS , Section 16 of the JEPA requires that the
agreement can only be amended by unanimous approval of all members
jurisdictions ; and
WHEREAS , the Authority desires to amend the JEPA to
revise the insurance requirement ; and
WHEREAS, Amendment Number 1 is attached hereto and by
reference made a part hereof .
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Dublin does hereby authorize the Mayor to execute
Amendment Number 1 to the Livermore/Amador Valley Transit
Authority Joint Exercise of Powers Agreement .
PASSED, APPROVED AND ADOPTED this 22nd day of August ,
1988.
AYES :
NOES :
ABSENT:
Mayor
ATTEST:
City Clerk
ti
1
AMENDMENT 1 (1987)
TO
LIVERMORE/AMADOR VALLEY TRANSIT AUTHORITY
JOINT EXERCISE OF POWERS AGREEMENT
The LIVERMORE/AMADOR VALLEY TRANSIT AUTHORITY Joint Exercise
of Powers Agreement entered into as of the fifth day of May,
1985, by and between COUNTY OF ALAMEDA, the CITY OF DUBLIN, the
CITY OF LIVERMORE, and the CITY OF PLEASANTON is amended to
provide as follows:
1. Section 11 Insurance:
A. Authority shall maintain insurance coverage in at
least the following amounts and each member jurisdiction shall
be named as an additional primary insured:
Public Liability
General Bodily Injury - $1,000,000 per occurrence
General Property Damage - $1,000,000 per occurrence
or
Combined Single Limit on
Bodily Injury and Property
Damage Liability - $1,000,000 per occurrence
Vehicle Liability
Bodily Injury - $1,000, 000 per occurrence
Property Damage or $ 250, 000 'per occurrence
Combined Single Limit on
Bodily Injury and Property
Damage Liability - $1,000, 000 per occurrence
B. Authority shall require the Maintenance and Operation
Contractor, at its sole cost and expense to maintain in full
force and effect comprehensive general liability insurance with
1
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primary coverage of at least $500,000 combined single limit
bodily injury and property damage liability.
C. Maintenance and Operation Contractor shall also
procure and maintain in full force and effect. an umbrella
liability insurance policy in the amount of $10 million and each
member jurisdiction shall be named as an additional primary
insured under the comprehensive general liability primary
coverage and the umbrella liability coverage.
D. Maintenance and Operation Contractor shall provide
Authority with vehicle liability insurance with primary coverage
of at least $1 million and a separate umbrella liability
insurance policy to provide vehicle liability coverage of an
additional $10 million.
E. In the event Authority is advised that the Maintenance
and Operations Contractor is unable to procure the limits of
insurance as set forth above, then in that event Authority shall
take immediate steps to procure coverage as outlined in para-
graphs B, C, and D above.
IN WITNESS WHEREOF, the parties hereto have executed this
AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT by their duly
authorized officers and representatives as of the date indicated.
Dated:
APPROVED AS TO FORM: COUNTY OF ALAMEDA
County Counsel Chairman
Board of Supervisors
ATTEST:
Clerk, Board of Supervisors
Dated:
APPROVED AS TO FORM CITY OF DUBLIN
By
City Attorney Mayor
ATTEST:
City Clerk
2
J,
Dated: v
Tity E AS TO F CI OF LI E RE
By
tto rney Mayor
AT ST:
City Clerk
Dated:
APP OVED AS TO FORM CITY 0 A NTON
V,qm,tq,� By
City Attorney Mayor
A erk
3