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Home My WebLink AboutCC RESO 14,014RESOLUTION NO. 14,014 RESOLUTION AUTHORIZING SIGNATURE OF AN ENDORSEMENT TO THE SAN DIEGO COUNTY/ CITIES JOINT POWERS AGREEMENT FOR RISK MANAGEMENT AND RELATED INSURANCE COVERAGES WHEREAS, the City of National City is a signatory member of the original San Diego County/Cities Joint Powers Agreement for Risk Management and Related Insurance Coverages passed by Resolution #13,638 on September 22, 1981, and WHEREAS, the City is currently an active participa- ting member in original joint powers agreement, and WHEREAS, the City has derived substantial financial savings and expanded liability insurance coverage from original joint powers agreement, and WHEREAS, additional benefits and savings may be realized by expanding the scope of the original joint powers agreement to include all areas of Risk Management programs. NOW, THEREFORE, be it resolved by the City Council of the City of National City that the Mayor be authorized to sign an Amendment to the San Diego County/Cities Joint Powers Agreement for Risk Management and Related Insurance Coverages. PASSED AND ADOPTED this fifth day of April, 1983 ATTEST: 3, 411 AN AMENDMENT TO THE SAN DIEGO COUNTY.. CITIES JOINT POWERS AGREEMENT FOR RISK MANAGEMENT AND RELATED INSURANCE COVERAGES WHEREAS, the signatory members of the San Diego County Cities Joint Powers Agreement for Risk Management and Related Insurance Coverages desire to 61 amend said agreement to allow an expansion of the purpose of the Joint Powers �11 Authority; and 8: WHEREAS, an amendment to the agreement may only be made by authorization 91 of a majority of the governing bodies of the signatory members of the Joint 101 Powers Authority. 11, NOW, THEREFORE, for and in consideration of the mutual advantages to 1211 " be derived therefrom and in consideration of the execution of this agreement 1311 by other local public entities, each of the parties hereto DOES AGREE as 14IJ follows: 25 ,1 Division 3.6 of Title I of the Government Code. 2611 WHEREAS, the public interest requires and it is to the mutual interest 27'( of the parties hereto to join together to provide effective risk management 2611 programs; and 29. WHEREAS, for the purpose of this agreement, Risk Management shall mean 30 1 11 the process of identifying, evaluating, reducing, transferring and eliminating 31 I; risk. Risk Management includes various elements of insurance, law, adminis- 32 1 15 That the San Diego County Cities Joint Powers Agreement for Risk Management 1611 and Related Insurance Coverages be and the same is amended as follows: 1711 SAN DIEGO COUNTY CITIES JOINT POWERS AGREEMENT FOR 18i RISK MANAGEMENT AND RELATED INSURANCE COVERAGES 191 JOINT EXERCISE OF POWERS 20'1 i! This agreement is entered into pursuant to the provisions of Chapter 5 (begin- 211j ning with Section 6500) of Division 7 of Title I of the Government Code 2211 11 authorizing specified local public entities to exercise jointly the power to 231 provide risk management. These powers include providing for insurance pur- 24I suant to the provisions of Chapter 3 (beginning with Section 989) of Part 6 of - 1 - 1'-tration, technology, accounting and general business to effectively manage 2,hazards and losses to which member cities may be exposed. 3'1 WHEREAS, each of the local public entities which is a party to this agree- ;1 41Iment has the power to establish and operate a program of risk management; and 5 WHEREAS, Title I, Division 7, Chapter 5 of the California Government Code 6 iauthorizes the joint exercise by two or more local public agencies of any 7' ,;power which is common to each of them; and 8' WHEREAS, each of the parties to the agreement desires to join together 9 with the other parties for the purpose of providing effective risk management 10:programs; 11 NOW, THEREFORE, for and in consideration of the mutual advantages to be 12'derived therefrom and in consideration of the execution of this agreement by 13;'other local public entities, each of the parties hereto does agree as 14 follows: 15.1 ARTICLE 1 - SEPARATE ENTITY - There is hereby created a separate public 16 entity, the full legal name of which shall be "San Diego County Cities Risk 171.Management Authority" and may be referred to herein as the "Authority". The 18 'Authority is a public entity separate from the parties to this agreement. 19 ARTICLE 2 - MANAGEMENT BOARD - The governing body of the Authority shall 201I be the "Management Board" and may be referred to herein as the "Board". Voting 1 21 members of the Board will consist of one representative from each signatory 2211 'member agency. Each member shall be so designated by appointment by the member 23lagency's governing board. Each representative will be a public agency staff 24 member 25 1 ARTICLE 3 - AUTHORITY POWERS 261 (A) The authority shall have the power to select a broker and jointly purchase 27 insurance. 28'i (B) The Authority shall also have the power to enter into contracts for the 29 11 30 i' 31 joint purchase of insurance, employ agents and employees, and to sue and be sued in its own name. (C) The debts, liabilities and obligations of the Authority shall not be 3211 - 2 - 1L the debts, liabilities or obligations of the parties to the agreement. The Authority shall be subject to and governed by the Bylaws, once 3 adopted by the Management Board. 411 ARTICLE 4 - MEMBERS 51(A) Each local public entity which is a party to this agreement is a "member 6`I agency" of the Authority and is entitled to the rights and privileges 71 and is subject to the obligations of members, all as provided for in 81 this agreement and any subsequent Bylaws. 9I(B) Each member agency may at its sole election participate in joint purchase 101 of insurance or in other risk management services offered by the 11 13.1 14' Authority. After formation of the Authority by the initial membership group, new members may be accepted upon application to the Authority and upon accep- 1 tance by the majority of member agencies subject to the provisions of the 15then current Bylaws. 161, ARTICLE 5 - AUTHORITY FUNDS - The Treasurer of the Authority shall be the 1 17l depository of the funds of the Authority. The Treasurer's selection, respon- I 18' sibilities, compensation and related matters shall be governed by the Bylaws. 1911The Treasurer may also perform the functions of Auditor and Controller as 2011governed by the Bylaws. 2111 ARTICLE 6 - TERM OF AGREEMENT - This agreement shall continue in effect 2211so long as there are two or more member cities. 231, ARTICLE 7 - TERMINATION OF MEMBERSHIP - A member agency may terminate its 24'1membership in the San Diego County Cities Risk Management Authority by 25llnotifying the Management Board at any time that they no longer wish to be a 26'member agency of the Authority; provided, however, such withdrawing member 27:lagency shall be responsible for any debts or obligations incurred by that 2811member agency during said period of membership. 29 ARTICLE 8 - ENFORCEMENT - The Authority shall have the right to enforce 301I this agreement. If suit is brought by this Authority against any defaulting I' 311lmember and the Authority prevails in the action, the defaulting party shall 321 lpay reasonable attorneys' fees to the Authority as adjudicated by the Court. - 3 - ARTICLE 9 - INVALIDITY - Should any portion, term, condition or provision 20f this agreement be determined by a Court of competent jurisdiction to be 3h1legal and in conflict with any law of the State of California or be otherwise 4 rendered unenforceable or ineffectual, the validity of the remaining portion, 5I terms, conditions and provisions shall not be affected thereby. 6 ARTICLE 10 - AMENDMENTS - No amendments to this agreement shall be effec- i - 7Itive unless authorized by a majority of the governing bodies of the members 8 Ito this agreement. 91i ARTICLE 11 - PROHIBITION AGAINST ASSIGNMENT - No member agency may assign 10!•any right, claim or interest it may have under this agreement and no creditor, 11.lassignee, or third party beneficiary of any member shall have any right, claim 12 ,or title to any part, share, interest, fund, premium or asset of the Authority. 131. ARTICLE 12 - AGREEMENT COMPLETE - The foregoing constitutes the full 14'and complete agreement of the parties. There are no oral understandings or 151agreements not set forth in writing herein or in the Bylaws. 16ir ARTICLE 13 - DATE AGREEMENT EFFECTIVE - This agreement shall become effec- 17.tive immediately after it has been adopted by a majority of member cities. 18 EXECUTED BY THE UNDERSIGNED LOCAL PUBLIC ENTITIES UPON THE RESPECTIVE DATE 19ISET FORTH AFTER THE SIGNATURES OF THEIR DULY AUTHORIZED OFFICERS: 201 21 CITY CARLSBADY:� 22 ,I 1-t �, 231 24 ,CITY 00CHULA VISTA Y:� 25 .1 261CITY 0C0R9DFftJ0, BY: 27 'I 28 !i 291CITY OF DEL MAR, BY: 30 �YLu!t��c/c 3111 32 '' 3_7- ?3 DATE 3-c23-83 DATE 3-ice _i.3 DATE DATE -4- 1 CITY OF EL CAJON, BY: 211 3J I: CITY OF ESCONDIDO, BYJ: 4� 6 CITY OF IMPERIAL BEACH, BY: 8' CITY OF LA MESA, BY: 9 .' 10.j i 1 1 CITY OF LEMON .GROVE, • BY: 12I I / l c 13 ;r,./ � VCITY 0 14,� 151 16II CITY OF///• SIDE, 17 h 181;. j C I ,OF, VISTA, :Y: AL CITY, BY: 19 20,1R. MICHAEL FLICK, YOR 21 ATTES'P: 22, 231 24 251 261 2711 28! 2911 30 31 'I 32 JEANKS, CI • LE DATE DATE DATE DATE DATE DATE 377/3 DATE DATE 67L'PL' c3J /7- — 5 —