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Home My WebLink AboutReso 1981-10644 RESOLUTION NO. 10644 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITIES IN SAN DIEGO COUNTY TO CREATE A JOINT POWERS AUTHORITY TO PROVIDE RISK MANAGEMENT AND POOL PURCHASE OF EXCESS LIABILITY INSURANCE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The Ci ty Council of the Ci ty of Chula Vista does herebf resolve as follows: NOO, THEREFORE, BE IT RESOLVED by the City Council of the Ci ty of Chula Vista that that certain agreanent between THE CITY OF CHULA VISTA, a municipal corporation, and the Cities in San Diego County to create a Joint Powers Authority to provide risk management and pool purchase of excess liability insurance dated the 6th day of October , 19 81 , a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is herebf approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is herebf authorized and directed to execute said agreanent for and on behalf of the City of Chula Vista. Presented by Approved as to form by ~o~ - -'- I E. R. Asmus, Assistant City Manager y~ - '.(' Ci ty Attorney ADOPTED AND APPROVED VISTA, CALIFORNIA, this , by the following vote, by the CITY COUNCIL of the CITY OF 6th day of October to-wi t: CHULA 198 1 AYES: Councilrren Hyde, Cox, McCand1iss, Scott NAYES: Councilrren None ABSENT: Councilrren Gi 11 ow ATT,uR-. ~~~ ~~~ 1:(~a Vi." ~f#clerk 'l STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, , City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATECI---- City Clerk Form No. 342 Rev. 7/81 SAN DIEGO COUNTY CITIES JOINT POWERS AGREEMENT FOR RISK MANAGEMENT AND RELATED INSURANCE COVERAGES JOINT EXERCISE OF POWERS This agreement is entered into pursuant to the provisions of Chapter 5 (beginning with Section 6500) of Division 7 of Title 1 of the Government Code authorizing specified local public entities to exercise jointly the power to ~rovide risk managp.ment. These nowers include providing for in- surance pursuant to the provisions of Chapter 3 (beginning with Section 989) of Part 6 of Division 3.6 of Title 1 of the Government Code. .!:!.l.!.1:l.~_~LI.!!.-,- WHEREAS, the public interest requires and it is to the mutual interest of the parties hereto to join together to purchase excess insurance, and WHEREAS, each of the local public entities which is a party to this agreement has the power to establish and operate a program of risk management and purchase excess insurance, and WHEREAS, Title 1, Division 7, Chaoter 5 of the California Government Code authorizes the joint exercise by two or more local public agencies of any power which is common to each of them, and WHEREAS, each of the parties to the agreement desires to join together with the other parties for the sole purpose of jointly purchasing excess in~'JrQnce. NOH, THEREFORE, for and in consideration of the mutual advantages to be derived therefrom and in consideration of the execution of this agreement by other 1 oca 1 pub 1 i c entit i es, each of the parti es hereto does agree as follows: ARTICLE 1 - SEPARATE ENTITY - There is hereby created a separate public entity, the full legal name of which shall be "San Diego County Cities Risk Management Authority" and may be referred to herein as the "Authority". The Authority is a public entity separate from the parties to this agreement. ARTICLE 2 - MANAGEMENT BOARD - The governing body of the Authority shall be the "Management Board" and may be referred to herein as the "Board". Voting members of the Board will consist of one representative from each par- ticipating member agency. Each member shall be so designated by appointment by the member agencv's oovernlng board. Each representative will be a public agency staff member. ARTICLE 3 - AUTHORITY POWERS - (A) (B) The Authority shall only have the power to select a broker and jointly purchase excess insurance. The Authority shall also have the power to enter into contracts for the joint purchase of excess insurance, employ agents and employees, and to sue and be sued in its own name. The foregoing powers are limited to those services related to contracting for excess insurance. The debts, liabilities and obligations of the Authority shall not be the debts, liabilities or obligations of the parties to the agreement. The Authority shall be subject to and be governed by the Bylaws, once adopted by the Management Board. (C) (D) !-IO (; ~ f ARTICLE 4 - MEMBERS (A) Each local public entity which is a party to this agreement is a "member agency" of the Authority and is entitled to the rights and privileges and is subject to the obligations of members, all as provided for in this agreement and any subsequent Bylaws. (B) Each member agency may at its sole election participate in the joint purchase of excess coverage or in other risk management services offered by the Authority as may be provided through subsequent amendments to this Joint Powers Agreement. (Cl After formation of the Authority by the initial membership group, new members may be accepted upon application to the Authority and upon acceptance by the majority of member agencies and subject to acceptance by the prospective member of any financial arrangements specified by the then current members. ARTICLE 5 - AUTHORITY FUNDS - The Treasurer of the Authority shall be the depository of the funds of the Authority to purchase excess insurance. The Treasurer's selection, responsibilities, compensation and related matters shall be governed by the Bylaws. The Treasurer may also perform the functions of Auditor and Controller as governed by the Bylaws. ARTICLE 6 - TER~1 OF AGREmENT - This agreement shall continue in effect so long as there are two or more member cities. ARTICLE 7 - TERMINATION OF MEMBERSHIP - A member agency may terminate its membership in the San Diego County Risk Management Authority by notifying the Management Board at any time that they no longer wish to be a member agency of the Authority; provided however such withdrawing member agency shall be responsible for any ~ebts or obligations incurred by that member agency during said period of membership. ARTICLE 8 - ENFORCE~ENT - The Authority shall have the right to enforce this agreement. If suit is brought by the Authority against any defaulting member and the Authority prevails in the action, the defaulting party shall pay reasonable attorneys' fees to the Authority as adjudicfted by the Court. ARTICLE g - INVALIDITY - Should any portion, term, condition or pro- vision of this agreement be determined by a Court of competent jurisdiction to be illegal and in conflict with any law of the State of California or be otherwi<e rendered unenforceable or ineffectual, the validity of the remaining portion, terms, conditions and provisions shall not be affected thereby. ARTICLE 10 - AMENDMENTS - No amendments to this agreement shall be effective unless authorized by a majority of the governing bodies of the members to this agreement. ARTICLE 11 - PROHIBITION AGAINST ASSIGNMENT - No member agency may assign any right, claim or interest it may have under this agreement and no creditor, assignee, or third party beneficiary of any member shall have any right, claim or title to any part, share, interest, fund, premium or asset of the Authority. ARTICLE 12 - AGREEMENT COMPLETE - The foregoing constitutes the full and complete agreement of the parties. There are no oral understandings or agreements not set forth in writing herein or in the Bylaws. ARTICLE 13 - DATE AGREEMENT EFFECTIVE - This agreement shall become effective immediately after it has been adoated by at least two cities. EXECUTED BY THE UNDERSIGNED LOCAL PUBLIC ENTITIES UPON THE RESPECTIVE FORTH AF R THE SIGNATURES OF THEIR DULY AUTHORIZED OFFICERS: ~:: ~J;/:C_~L~L Ci ty of Carl sbad DATE SET fIJl/?! Dat JJ. cr ( Chula Vista 10/27/81 Date c;~~~~ \\-ct-ca\ Date . . -3- _L_ ~~~ City of Del Mar ~~ d7./,,___ iff{y of El Cajon ~- 'd:?, ~~~ n-a~~C~dO efZ~~~ ~ty of La Mesa ~ - ty of emon Gr ve ~// City of\ tli1(afVt;ty /-// /7t?t~~.A ~'5~ VCit'y 0 ceanside City of Poway City of Santee ~(h,-.U~ City lof Vfsta ;e.-I t) ~ cfy I , , Date /1 ;);/)1 ( /~-.?/~ / Date 01- 0,;(. - lil.. Date z. - <;J-- - 8" z-- Date ;).. - ,).... - S-:a- Date 1--- (1- r:;..- Date 1- /> - ,f/ L Date 'Date Date {~(1..-<;:;L Date