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Home My WebLink AboutReso 1983-11177 RESOLUTION NO. 11177 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PROPOSED AMENDMENT TO THE RISK MANAGEMENT AND RELATED INSURANCE COVERAGE JOINT POWERS AGREEMENT WITH SAN DIEGO COUNTY CITIES AND AUTHORIZING THE MAYOR TO EXECUTE THE FINAL AGREEMENT TO BE PREPARED IN SUCH FORM The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain amended Joint Powers Agreement as shown on Exhibit "A" between THE CITY OF CHULA VISTA, a municipal corporation and certain other San Diego County cities for risk manage- ment and related insurance coverage, dated the 22.d day of February , 19 83 , a copy of the form of which is attached here to as Exhibit "A" , and incorporated herein, the same as though fully set forth herein, be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said 'inal agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by Man age r Atto rne y ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 22nd d~y of February 19 83-, by the following vote, to-wit: AYES: Councilmen Malcolm, Moore, Cox NAYES: Councilmen Nene ABSTAIN: Cotmcilmen Scott ABSENT: Councilmen McCandl i ss M~the City of Chulo Visto STA. ,= OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Colifornio, DO HEREBY CERTIFY thor the obove ond foregoing is o full, true ond correct copy of RESOLUTION N0. 1]177 ,ond thor the some hos not been omendedor repeoled. DATED (seal) City Clerk CC-660 SAN DIEGO COUNTY CITIES A JOINT POWERS AGREE~ENT FOR RISK ~ANAGEMENT AND RELATED INSURANCE COVERAGES JOINT EXERCISE OF POWERS This agreement is entered into pursuant to the orevisions of Chapter 5 (beginning with Section 6500) of Division 7 of Title I of the Government Code authorizing specified local bublic entities to exercise jointly the power to provide risk management. These powers 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 I of the Government Code. WITNESSETH: WHEREAS, the public interest requires and it is to the mutual interest of the barties hereto to join together ~e-p~e~ase-e~ees~-~s~anee~ a~ to provide e~fe~C~ve risk management programs; and WHEREAS, for the purpose of this agreement, Risk ~anagemeY~C sh~ mean the process of identifying, evae~ng, reducing, transfe~ng and e2yLmLn~t~ r/usk. RY~sk Management inceudes various eueements of i~surance, law, admi~Cstr~tee~ technoeogy, accounting and general business to effecbLve~ey manage hazards and losses to which member cy~%iea may be exposed; and WHEREAS, each of the local public entities which is a party to this agreement has the power to establish and operate a Drogram of risk management a~-p~e~a~e-e~ee~-~sw~a~ee; and WHEREAS, Title 1, Division 7, Chapter 5 of the California Govern- ment 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 oarties to the agreement desires to join to- gether with the other parties for the 5e~e purpose of 3e~y-p~as~ e~ee~s-~a~e prov~ng effee~ve ~x~sk managcmen~ progrccms; NOW, THEREFORE, for and in consideration of the mutual advantages to be derived therefrom and in consideration of the execution of this agree- ment by other local public entities, each of the parties hereto does agree as follows: ARTICLE I - 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 barties to this agreement. ARTICLE 2 - ~ANAGEMENT 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 aqency's governing board. Each representative will be a public agency staff member. ARTICLE 3 - AUTHORITY POWERS - (A! The'Authority shall eM~ have the newer to select abroker and jointly purchase e~e55 insurance. (B) The Authority shall also have the power to enter into contracts for the joint purchase of e~ee~5 insurance, emDloy agents and employees, and to sue and be sued in its own name. ~e-~e~eOe~-Bewe~5-a~e-~m~e~-~e ~ese-se~v4ees-~e~a~e~-~e-ee~ae~9-~e~-e~eess-~5~a~ee= (C) The debts, liabilities and obligations of the Authority shall not be the debts, liabilities or obligations of the parties to the agreement. (D) The Authority shall be subject to and be governed by the Bylaws, once adopted by the ~anagement Board. -2- 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 pur- chase of excess coverage or in other risk management services offered by the Authority as-may-~e-p~evi~e~-~eH~-sH~eqHen~-am~me~-~e-~i~- jei~-Pewe~-Ag~eeme~= (C) After formation of the Authority by the initial membership group, new members may be accepted upon application to the Authority and upon accept- ance by the majority of member agencies, a~-sH~3ee~-~e-aeeep~a~ee-~y-~e p~e~pee~ive-mem~e~-e~-a~y-~i~a~eia~-aFFa~gemen~5-speeifie~-~y-~he-~e~-e~- ARTICLE 5 - AUTHORITY FUNDS - The Treasurer of the Authority shall be the depository of the funds of the Authority ~e-pH~e~ase-e~eess-i~5~aRee= 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 asgoverned by the Bylaws. ARTICLE 6 - TERM OF AGREEMENT - This agreement shall continue in effect so long as there are two or more member cities. ARTICLE 7 - TERMINATION OF MEMBERSNIP - 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 debts or obligations incurred by that member agency during said period of membership. , ARTICLE 8 - ENFORCEMENT - The Authority shall have the right to enforce this agreement. If suit is brought by tile Authority against any defaulting mem- ber and the Authority prevails in the action, the defaulting party shall pay reasonable attorneys' fees to the Authority as adjudicated by the Court. ARTICLE 9 - INVALIUITY - 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 other- wise rendered unenforceable or ineffectual, the validity of the refraining 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 o~ inthe Bylaws. ARTICLE 13 - DATE AGREEMENT EFFECTIVE - This agreement shall become effective immediately after it has been adopted by a~-~eas~-~we-ei~ies ~ m~/o~t~ O~ ~/ze me~lboYL e~Clt~s. EXECUTED BY THE UNDERSIGNED LOCAL PUBLIC ENTITIES UPON THE RESPECTIVE DATE SET FORTH AFTER THE SIGNATURES OF THEI~ DULY AUTHORIZED OFFICERS: