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HomeMy WebLinkAboutCC RESO 13,638RESOLUTION NO. 13,638 A RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT FOR RISK MANAGE- MENT AND RELATED INSURANCE COVERAGES WHEREAS, the City has determined that it may be possible to reduce costs associated with the purchase and management of liability insurance by participating in a Joint Powers authority established for such a purpose, and WHEREAS, pursuant to Section 6500 et seq of the California Government Code such a Joint Powers authority has been proposed for cities in San Diego County; NOW, THEREFORE, be it resolved that the Mayor is hereby authorized to execute the San Diego County Cities Joint Powers Agreement for Risk Management and related in- surance coverages. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to purchase insurance through said Joint Powers Agreement and utilize other services offered by the authority as deemed necessary. PASSED AND ADOPTED this 22nd„ da f September, 1981. ATTEST: CITY CLERK MAYSR DRAFT 8/17/8.1 SAN DIEGO COUNTY CITIES JOINT POWERS AGREEMENT FOR RISK MANAGEMENT AND RELATED INSURANCE COVERAGES JOINT EXERCISE OF POWERS 1- This agreement is entered into pursuant to the provisions of Chapter 5 (beginning with Section 6500) of Division 7 of Title i of the Government Codc a_t hcri?in`7 specified local public entities to exercise jointly the power to provide risk manage- ment. These powers include providing for insurance 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. WITNESS 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, Chapter 5 of the California Government Code authorizes the joint exercise by two or more local public agencies of any Dower 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. insurance. NOW, THEREFORE, for and in consideration of the mutual advantages to be derived therefrom and in consideration of the execution of this agreement by other local public entites, each of the parties 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 senarate 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". 2. 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 agency's governing board. Each representative will be a public agency staff member. ARTICLE 3 - AUTHORITY POWERS (A) The Authority shall only have the power to select a broker and jointly purchase excess insurance. (B) The Authority shall also have the power to enter into contracts for the joint purchasc 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. (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 Management Board. 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 subse- quent 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. (C) 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 - TERM OF AGREEMENT 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 3. shall be responsible for any debts or obligations incurred by that member agency during said period of membership. ARTICLE 3 - ENFORCEMENT 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 adjudicated by the Court. ARTICLE 9 - INVALIDITY Should any portion, term, condition or provision 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 otherwise rendered unenforceable or ineffectual, the validity of the remaining portion, terms, conditions and provisions shall not be affected thereby. ARTICLE10 - 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 agree- ment 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 adopted by at least two cities. EXECUTED BY THE UNDERSIGNED LOCAL PUBLIC ENTITIES UPON THE RESPECTIVE DATE SET FORTH AFTER THE SIGNATURES OF THEIR DULY AUTHORIZED OFFICERS: City of Date City of Date City of Date