HomeMy WebLinkAboutItem 4.03 LAVTA JPA AmendCITY CLERK
FILE # 0600-40
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 21, 2000
SUBJECT:
Amendment 2 (2000) to Livermore-Amador Valley Transit
Authority Joint Exercise of Powers Agreement.
Report Prepared by: Julie Carter, Assistant to the City Managet~
ATTACHMENTS:
Resolution Authorizing Execution of Amendment 2 (2000) to
Livermore-Amador Valley Transit Authority Joint Exercise of
Powers Agreement.
RECOMMENDATION: ~
FINANCIAL STATEMENT:
Letter from Keith Fraser, Agency Counsel, to City Attorney
recommending the matter be considered by the Dublin City
Council.
Adopt Resolution.
No fiscal impact to City of Dublin. As a member of the California
Transit Insurance Pool (CalTIP), the Livermore-Amador Valley
Transit Authority (LAVTA) will have more control of its insurance
program, will save approximately $100,000 in insurance premiums
and, after five years of membership in CalTIP, may qualify for a
return of dividends.
DESCRIPTION: The City of Dublin is a member of the Livermore-Amador Valley
Transit Authority (LAVTA). Since its inception LAVTA's contractor has purchased comprehensive
general, vehicle liability and vehicle physical damage insurance; all in accordance with the terms of the
Joint Exercise of Powers Agreement (JEPA). The cost of this contractor procured coverage has continued
to rise and the latest increase was anticipated to be around 25%. The LAVTA Board recently approved
membership of LAVTA in the Califomia Transit Insurance Pool (CalTIP). On May 1, 2000, LAVTA
became a member of CalTIP for both its vehicle liability and vehicle physical damage coverage. This
change will allow LAVTA to provide such insurance coverage directly instead of through its contractor.
The current JEPA requires that LAVTA's contractors provide this insurance. Because LAVTA now
directly provides for this insurance protection, the provision in the JEPA, which requires the contractor to
provide the insurance is no longer necessary, thus necessitating this amendment.
Staff recommends that the Council adopt the Resolution authorizing the Mayor to sign Amendment 2
(2000) of the LAVTA JEPA which removes the requirement that LAVTA's contractor provide this
insurance.
COPIES TO:
ITEM NO.
Attachment 1
RESOLUTION NO. - 00
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AUTHORIZING EXECUTION OF AMENDMENT 2 (2000) TO LIVERMORE2AMADOR
VALLEY TRANSIT AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT
WHEREAS, the City of Dublin 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 member jurisdictions; and
WHEREAS, the Authority desires to amend the JEPA to revise the insurance requirements; and
WHEREAS, Amendment 2 (2000) is attached hereto as Exhibit A 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 2 (2000) to the Livermore~Amador Valley Transit Authority
Joint Exercise of Powers Agreement.
PASSED, APPROVED AND ADOPTED this 21 st day of November, 2000.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayo,
ATTEST:
City Clerk
AMENDMENT 2 (2000)
TO
LIVERMORE-AMADOR VALLEY TRANSIT AUTHORITY
JOINT EXERCISE OF POWERS AGREEMENT
Exhibit A
The LWERMORE-AMADOR VALLEY TRANSIT AUTHORITY Joint Exercise of Powers
Agreement entered into as of the fifth day. of May, 1985, and as amended on September 17, 1996, as
Amendment 1 (1987) by and between COUNTY OF ALAMEDA, the CITY OF DUBLIN, the CITY OF
LWERMORE, and the CITY OF PLEASANTON is amended to provide as follows:
Section 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
General Property Damage
or
Combined Single Limit on
Bodily Injury and Property
Damage Liability
$1,000,000 per occurrence
$ 100,000 per occurrence
$ 1,000,000 per 6ccurrence
Vehicle Liability
Bodily Injury
$1,000,000 per person/$10,000,000 per occurrence
Property Damage or
$ 250,000 per occurrence
Combined Single Limit on
Bodily Injury and Property
Damage Liability
$10,000,000 per occurrence
1 ~ LAVJEPAamend2.AGT.wpd
IN WITNESS WHEREOF, the parties hereto have executed this Amendment 2 (2000) to Joint
Exercise of Powers Agreement by their duly authorized officers and representatives as of the date indicated.
Dated:
APPROVED AS TO FORM:
County Counsel
ATTEST:
COUNTY OF ALAMEDA
By: Chairman
Board of Supervisors
Clerk, Board of Supervisors
Dated:
APPROVED AS TO FORM:
CITY OF DUBLIN
City Attorney
ATTEST:
By:
Mayor
City Clerk
Dated:
APPROVED AS TO FORM:
CITY OF LIVERMORE
City Attorney
ATTEST:
By:
Mayor
City Clerk
2 ~ LAVJEPAamend2.AGT.wpd
Dated:
APPROVED AS TO FORM:
City Attorney
ATTEST
CITY OF PLEASANTON
By:
Mayor
City Clerk
3 LAVJEPAamend2.AGT. wpd
JOHN S. HARTWELL
(1924-1993)
September 27, 2000
VARNI,
ATTACHMENT 2
FRASER, HARTWEIj_ & TRUTNER
ATTORNEYS AT LAW
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATION5
2109 FOURTH STREET
P.O. BOX 511
LIVERMORE, CALIFORNIA 94550-4551
(925) 447-1222
FAX: (925) 443-7831
HAYWARD OFFICE
22771 MAIN STREET
P.O. BOX 570
HAYWARD. CA 94543
(5]0) 886-5000
FAX (510) 538-8797
703245
Michael Roush, Esq.
City Attorney
City of Pleasanton
Box 520
Pleasanton, CA 94566
Elizabeth Silver
City Attorney
City of Dublin
P. O. Box 2340
Dublin, CA 94568
Thomas R. Curry, Esq.
City Attorney
City of Livermore
1052 South Livermore Avenue
Livermore, CA 94550
Richard E. Winnie, Esq.
County Counsel
County of Alameda
1221 Oak Street
Oakland, CA 94612
Re: LIVERMORE'AMADOR VALLEY TRANSIT AUTHORITY
AMENDMENT OF JOINT EXERCISE OF POWERS AGREEMENT
Ladies/Gentlemen:
Tbi ~ office r~nr~qents the Livermore~Amador Valley Transit Authority (LAVTA).
Enclosed is Amendment 2 to the Joint Exercise of Powers Agreement (JEPA). In May
of 1985 the original JEPA required LAVTA to carry $10 million of liability insurance. By
Amendment No. 1 to the JEPA in 1987 the amount of insurance was reduced to $1 million due to
the fact that LAVTA's contractor did procure the $10 million policy. A study was undertaken in
1999, and it appeared economical for LAVTA to participate in the California Transit Insurance
Pool (CalTIP). A review by Assistant General Manager Janeene de Martinez dated August 30,
1999, and a letter to the undersigned from Barbara Duffy dated September 18, 2000, are
enclosed.
Please review this matter with your Risk Manager and present it to your City Council/'
Board of Supervisors at your earliest convenience. In 1987 we circulated one document which
, City Attorney
=County CounSel
Page 2
September 27, 2000
was lost, and we had great difficulty in getting it approved. Therefore, I am circulating counter-
parts for the three Cities and the County and, upon receiving your signed original, I will then
provide to you copies from each of the other Cities and Cotmty.
If you have any questions, do not hesitate to contact me.
Very truly yours,
VARNI, FRASER, HARTWELL & TRUTNER
K~EI~H'S. FRASER
KSF:br
Enclosure
cc: Mr. Vic Sood
Ms. Barbara Duffy
JEPA2atty.ltr.wpd
RESOLUTION NO.115- 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: Cm. Hegarty~ Moffatt~ Snyder~ Vonheeder, and Mayor Jeffery
NOES: None
ABSENT: None
ATTEST:
City er