Attachment 1 - ABAG.Resolution
RESOLUTION 2017-
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING
AND AUTHORIZING THE EXECUTION OF THE POOLED LIABILITY ASSURANCE NETWORK \[PLAN\]
JOINT EXERCISE OF POWERS AGREEMENT
WHEREAS, the Town of Los Gatos is a member of PLAN corporation, a California non-
profit corporation (“PLAN Corporation”) comprised of twenty-eight member agencies pooling
their property and liability risk in conjunction with the Association of Bay Area Governments
(“ABAG”) Joint Exercise of Powers Authority (“JPA”), established pursuant to California
Government Code §6500 et seq., and
WHEREAS, in 1986 ABAG and PLAN Corporation entered into an Agency Agreement
which irrevocably assigned the risk management duties and obligations of ABAG to PLAN
Corporation.
WHEREAS, the Member Agencies of PLAN Corporation have entered into a Risk
Coverage Agreement with each other and ABAG to provide for pooled liability services through
PLAN Corporation, and
WHEREAS, a JPA is required to act as fiscal agent and manage the transfer and
assignment of all of the current assets and liabilities from PLAN Corporation to the new PLAN
JPA, and
WHEREAS, the Members of PLAN Corporation seek to separate from the current model
of service involving the necessity of the Agency Agreement and use of the ABAG JPA to the new
risk management focused PLAN JPA that would provide pooled risk coverage for its member
agencies, with preference for the existing members of PLAN, under a new risk coverage
agreement within the PLAN JPA, and
WHEREAS, as part of the transition the Bickmore Contract with PLAN Corporation will
be assigned to the PLAN JPA, so that these services can continue in a seamless manner, and
NOW, THEREFORE, BE IT RESOLVED that the Town Council does hereby authorize the
Town Manager/Mayor to execute the Pooled Liability Assurance Network (PLAN) Joint Exercise
of Powers Agreement, pursuant to California Government Code §6500 et seq., including the
powers delegated therein, conditioned on the transfer of the assets of PLAN to the PLAN JPA, in
substantially the form attached to this Resolution (minor technical or clerical corrections, if any,
to be included in the authority granted here.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Town’s PLAN Corporation
representative is authorized to approve of the assignment of assets from PLAN Corporation to
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Resolution 2017 - December 5, 2017
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the JPA, and to approve the assignment of risk management services from PLAN Corporation to
PLAN JPA.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 5th day of December, 2017 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
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Resolution 2017 - December 5, 2017
ATTACHMENT 1