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Home My WebLink AboutMINUTES - 10191999 - C99 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA TO: BOARD OF COMMISSIONERS FROM: Robert McEwan, Executive Director DATE: October 19, 1999 SUBJECT: CALIFORNIA HOUSING AUTHORITIES RISK MANAGEMENT AGENCY(CHARMA)JOINT EXERCISE OF POWERS AGREEMENT AMENDMENT SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. RECOMMENDED ACTION: APPROVE changes to t1te California Housing Authorities Risk Management Agency(CHARMA)Joint Exercise of Powers Agreement and AUTHORIZE the Executive Director of the Housing Authority of the County of Contra Costa to execute this revised Joint Exercise of Powers Agreement,as recommended by the Advisory Housing Commission. 11. FINANCIAL IMPACT: None III. REASONS FOR RECOMMENDATIONT/BACKGROUND On February 4, 1986 the Board of Commissioners approved execution of a Joint Powers Agreement to provide Risk Management Services for California Housing Authorities. Since that time,the CHARMA group has lost one agency,Fresno Housing Authority and gained a new member,Richmond Housing Authority. CHARMA is currently seeking reaccreditation by the California Joint Powers Agency and correct signatures by each agency are necessary to allow CHARMA to pass the reaccreditation process, The revised Joint Exercise of Powers Agreement reflects these changes. At its meeting on March 18, 1999,the Advisory Housing Commission moved to recommend that the Execrative Director be authorized to execute the revised Joint Exercise of Powers Agreement to provide Risk Management Services for California Housing Authorities. IV. CONSEQUENCES OF NEGATIVE ACTION: Should the Board of Commissioners elect not to authorize the Executive Director to execute the revised Joint Exercise of Powers Agreement to provide Risk Management Services for California Housing Authorities,the Housing Authority would lose its $5,000,000 liability insurance coverage. CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): All ACTIONT OF BOARD ON APPROVED AS RECOMMENDED_ VOTE OF COMMISSIONERS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF COMMISNE125 ON T14E DA Z E SHOWN. ATTESTED t< PHIL I3f1TCFIELOR,"CLERK OF THE BOARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR r BY ' ":. ✓.• �,�'°°f ,6� DEPd TTY bo-charma,spa S AMENDMENT TO "SECOND AMENDED JOINT EXERCISE OF POWERS AGREEMENT TO PROVIDE RISK MANAGEMENT SER'V'ICES FOR CALIFORNIA HOUSING AUTTIORITIIES*P This "Amendment" is an agreement between the following "parties" who are the constituent members of California Housing Authority Risk Management Agency ("CHAIMA"). Contra Costa County Housing Authority Marin Housing Authority Oakland Housing Authority Richmond Housing Authority Sacramento Housing& Redevelopment Agency Santa Clara County Housing Authority Recitals A. CHARMA was formed pursuant to a joint exercise of powers agreement (the "Agreement") in April 1986. The Agreement was amended in May of 1988and amended once again effective January I, 1989. at which time the Agreement was restated in its entirety. B. ARTICLE 21 of the Agreement provides that the "Agreement shall be altered or amended only by the mutual consent of all parties signatories hereto." C. The Parties desire to alter and amend the Agreement in certain respects. as more particularly described in this Amendment. Terms and Conditions In consideration of the Recitals stated above and the following Terms and Conditions, the Parties agree as follows: I. The Agreement, as previously amended and restated, is further amended in the following respects: (a) Section(1)of ARTICLE 2,, "DEFINITIONS", is amended in its entirety to read as follows: (1) "Dividend" shall mean the amount of money or property distributed by the Agency to a member pursuant to a dividend plan or policy adopted and approved by resolution of the Board; disbursements to members for other purposes in the ordinary course of CHARIMA'S business are not dividends. (b) Section (bb) of ARTICLE 2.. "DEFINITIONS". is amended in its entirety to read as fbllows: (bb) "Special Assessment" shall `Wean an extraordinary assessment authorized by the Board in addition to the annual assessment(s) or tither assessments authorized by this Agreement. (c) Section (b) of ARTICLE 6.. "'POWERS". is amended in its entirety to read as follows: (b) To fix and require payment by all members of subsequent Annual Assessments and Special Assessments to the extent such assessments are deemed necessary or appropriate to facilitate the general purposes of this Agreement; (d) The last paragraph of ARTICLE 6.. "POWERS". is amended in its entirety to read as follows: -- The powers of CHA itA shall be exercised by and through the Board of Directors in the Wanner provided by law, this Agreement and the By-Laws. Except as expressly set forth in this Agreement. CHA liA's powers shall be subject only to those restrictions applicable to housing authorities under the "Housing Authorities Latin„ Health & Safety Code Sections 34,200 and following. The Board of Directors may delegate the exercise of CHA :' A's powers to CHARMA's officers. program director, risk manager. designated claims manager or other persons as provided in this Agreement. the By-Latins or otherwise by the Board of Directors. (e) Section 0) is added to ARTICLE 6.. "POWERS". to read as follows: 0) To fix and declare dividends as appropriatd to further the purposes of this Agreement. (f) ARTICLE g. "ADMINISTRATION OF FINANCES". is amended in its entirety to read as follow=s: The Board of Directors shall designate a Treasurer of the Agency in accordance with Section 6505.5 of the Government Code. The Treasurer so designated shall also serve as the Agency's Auditor and shall have all of the duties prescribed in Government Code Sections 6505 and 6505.5. The Treasurer shall be the depositary of the Agency's funds, which shall be invested in compliance with all applicable laws. The Board of Directors shall cause an annual audit to be performed of the Agency's revenues, disbursements. accounts. records. and other relevant financial affairs as required by Government Code '6505. 2. This Amendment shall be effective after it has been approved by all Members as provided in ARTICLE 21 of the Agreement and a Certificate of Amendment is filed withthe California Secretary. of State as provided in Section 6.2 of CHAIZMArs By-Laws. 3. Except as expressly amended by this Amendment. the Agreement shall' remain ire full force and effect. IN WITNESS of their mutual consent to and approval of the foregoing agreement. the Parties have executed this Amendment on the dates indicated adjacent to their respective signatures. Dated: . 1999 CONTRA COSTA COUNTY HOUSING AUTHORITY By _ Its Authorized Representative Dated: 1999 MAR.IN HOUSING AUTHORITY By Its Authorized Representative Dated: 1999 OAKLAND HOUSING AUTHORITY By Its Authorized Representative Dated. 1999 RICHMOND DOUSING ,AUTHORITY Ey Its Authorized Representative 3 Dated: ' 1999 SACRAMENTO HOUSING REDEVELOPMENT AGENCY B Its Authorized Re resentati-•e Dated: 01999 SANTA C'LARA COUNTY HOUSING AUTHORITY By r Its Authorized Representative a,s:cnanna�2ndamend.agreement 4