HomeMy WebLinkAboutChula Vista Coronado Del Mar El Cajon Escondido; 1981-11-04; Joint PowersI
1 W 0 D k m UU Rrn
cham-
July 11, 1983
Subject: Signed Agreement Amendment
Enclosed is a copy of the signed amendment to the San Diego Cou
Cities Joint Powers Agreement for Risk Management and Related I
ance Coverages.
Very truly yours,
4.,&2..\D- &&
Jeanette D. Farris P
JDF/jcb
cc: Ross Oliver
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!I
AN AMENDMENT TO THE
FOR RISK MANAGEMENT AND RELATED INSURANCE COVERAGES
SAN DIEGO COUNTY CITrIES JOINT POWERS AGREEMENT
WHEREAS, the signatory members of the San Diego County Cities Joii
Powers Agreement for Risk Management and Related Insurance Coverages dt
amend said agreement to allow an expansion of the purpose of the Joint
Authority; and
WHEREAS, an amendment to the agreement may only be made by author:
0f.a majority of the governing bodies of the signatory members of the L
Powers Authority.
NOW, THEREFORE, for and in consideration of the mutual advantages
be derived therefrom and in consideration of the execution of this agrt
by other local public entities, each of the parties hereto DOES AGREE i
follows:
That the San Diego County Cities Joint Powers Agreement for Risk Managt
and Related Insurance Coverages be and the same is amended as follows:
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
ning with Section 6500) of Division 7 of Title I of the Government Codc
authorizing specified local public entities to exercise jointly the poi
provide risk management. These powers include providing for insurance
suant to the provisions of Chapter 3 (beginning with Section 989) of P
Division 3.6 of Title I of the Government Code.
WHEREAS, the public interest requires and it is to the mutual int
of the parties hereto to join together to provide effective risk manag
programs ; and
WHEREAS, for the purpose of this agreement, Risk Management shall
the process of identifying, evaluating, reducing, transferring and eli
risk. Risk Management includes various elements of insurance, law, ad
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tration, technology, accounting and general business to effectively nia
hazards and losses to which member cities may be exposed.
WHEREAS, each of the local public entities which is a party to th
ment has the power to establish and operate a program of risk managenie.
WHEREAS, Title I, Division 7, Chapter 5 of the California Governmi
authorizes the joint exercise by two or more local public agencies of ,
power which is common to each of them; and
WHEREAS, each of the parties to the agreement desires to join tog1
with the other parties for the purpose of providing effective risk man(
programs;
NOW, THEREFORE, for and in consideration of the mutual advantages
derived therefrom and in consideration of the execution of this agreem
other local public entities, each of the parties hereto does agree as
follows:
ARTICLE 1 - SEPARATE ENTITY - There is hereby created a separate I
entity, the full legal name of which shall be "San Diego County Cities
Management Authority" and may be referred to herein as the "Authority"
Authority is a public entity separate from the parties to this agreeniei
ARTICLE 2 - MANAGEMENT BOARD - The governing body of the Authorj-t!
be the "Management Board" and may be referred to herein as the "Board"
members of the Board will consist of one representative from each sign,
member agency. Each member shall be so designated by appointment by tl
agency's governing board. Each representative will be a public agency
member.
ARTICLE 3 - AUTHORITY POWERS
(A) The authority shall have the power to select a broker and jointlty
insurance.
The Authority shall also have the power to enter into contracts fc
joint purchase of insurance, employ agents and employees, and to $
be sued in its own name.
The debts, liabilities and obligations of the Authority shall not
(B)
(C)
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the debts, liabilities or obligations of the parties to the agrec
The Authority shall be subject to and governed by the Bylaws, cnc
adopted by the Management Board.
(D)
ARTICLE 4 - MEMBERS
(A) Each local public entity which is a party to this agreement is a
agency" of the Authority and is entitled to the rights and privil
and is subject to the obligations of members, all as provided foi
this agreement and any subsequent Bylaws.
Each member agency may at its sole election participate in joint
of insurance or in other risk management services offered by tke
Authority.
After formation of the Authority by the initial membership group
members may be accepted upon application to the Authority and up(
tance by the majority of member agencies subject to the provisiol
then current Bylaws.
ARTICLE 5 - AUTHORITY FUNDS - The Treasurer of the Authority shal
(B)
(C)
depository of the funds of the Authority. The Treasurer's selectiori,
sibilities, compensation and related matters shall be governed by the
The Treasurer may also perform the f'mctions of Auditor and Contro1l.el
governed by the Bylaws.
ARTICLE 6 - TERM OF AGREEMENT - This agreement shall continue in
so long as there are two or more member cities.
ARTICLE 7 - TERMINATION OF MfSMBERSHIP - A member agency may telm:
membership in the San Diego County Cities Risk Management Authority b!
notifying the Management Board at any time that they no longer wish tc
member agency of the Authority; provided, however, such withdrawing me
agency shall be responsible for any debts or obligations incurred by 1
member agency during said period of membership.
ARTICLE 8 - ENFORCEMENT - The Authority shall have the right to <
this agreement. If suit is brought by this Authority against any defi
member and the Authority prevails in the action, the defaulting party
pay reasonable attorneys' fees to the Authority as adjudicated by the
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b w e
ARTICLE 9 - INVALIDITY - Should any portion, term, condition or pi
f competent jurisdiction tc
State of California or be (
alidity of the remaining PC
e affected thereby.
ARTICLE 10 - AMENDMENTS - No amendments to this agreement shall be
governing bodies of the mem
ARTICLE 11 - PROHIBITION AGAINST ASSIGNMENT - No member agency may
er this agreement and no tcr
ember shall have any riglit
premium or asset of the ,4u
ARTICLE 12 - AGREEMENT COMPLETE - The foregoing constitutes the fu
are no oral understanding
in the Bylaws.
ARTICLE 13 - DATE AGREEMENT EFFECTIVE - This agreement shall becorn]
a majority of member ci-;il
TIES UPON THE RESPECTIVE D.
THORIZED OFFICERS:
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~ C17.r ESCONDIDY/L{
I Lt- 4 - 3-7-s-3
DATE
J9'qwLwL h--ub CETY OF IMPERIAL BEACH, BY:
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=?)r,/99 57- 443 -83 V - / DATE
CIT OF LEMON.,.GROVE;- BY:
1' ;? <- c_.-ei-d ,'II - >;x - k 7 2
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e 0
RESOLUTION NO. 714t:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAG, CALIFORNIA, APPROVING AN AMENDMENT
TO THE SAN DIEGO COUNTY CITIES JOINT POWERS AGREEMENT TO PROVIDE RISK MANAGEMENT SERVICES.
WHEREAS, an amendment to the San Diego County Cities Joint Powers
Agreement may '.lenefit the City of Carlsbad in the administration of its
management program; and
NHEREAS, the joint exercise Of powers in Risk Management programs
result in significant cost savings to the City.
NO!.I, THEREFORE, BE IT RESOLVED by the City Council of the City of
California, as follows:
1. That the above recitations are true and correct.
2. That the amendment to the Joint Powers Agreement attached here
Exhibit "A" is hereby approved.
3. That the Elayor is authorized and directed to sign said agreeme
behalf of the City.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Ca
California, at a regular meeting held on the 1st day of Iwch
by the following vote, to wit:
AYES:
NOES: f\Jone
C~~Cil ~kn-bers Casler, Iewis, Chick and Prescott
ABSENT: COW-Cil F8&r Kulchin
L/ii&-G ,/ dP & -J 4 L/
MARY H. CASLER, Mayor /'
ATTEST :
-- &Lawu J PG,JT. ALETHA L. RAUTENKRANZ, City C1 erk
(SEAL)
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TELEl (714) 4
e 0. 1, \
1200EL A ENUE
CARLSBAD, CA 0 SORNIA 92008
Office of the Cify Clerk
citp of Chlrf&ab
November 5, I981
Raymond Silver City Manages 1825 Strand Way Coronada, CA 92118
Re: Joint Powers Agreement for Risk Management Services
The Carlsbad Cfty Council, at its meeting of
November 3, 1981, adopted Resolution No. 6711, approving the establishment of a Joint Powers Agreement to Provide Risk Management Services.
Enclosed is the original agreement, which has been executed by Mayor Packard on behalf of the City of Carlsbad.
from E.R. Asmus, the Assistant City Manager of the City of Chula Vista, containing instructions for each of the Cities to follow in signing the Agreement.
if you have any questions, please do not hesitate
ca c32sact this office .
Also enclosed is a. copy of the letter we received
U& 4- P
AL--- -LPG!- L. MUTE
City Clerk
,W:krs
Enciosures
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0 0
RESOLUTION NO. 6711
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA APPROVING
THE ESTABLISHMENT OF JOINT POWERS AGREE-
MENT TO PROVIDE RISK MANAGEYENT SERVICES.
WHEREAS, the establishment of a joint powers agreement m
benefit the City of Carlsbad in the administration of its ris
management program; and
PIHEREAS, the joint exercise of powers in the purchase of
liability insurance may result in significant cost savings tc
City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of tk
City of .Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the joint exercise of powers agreement
attached hereto as Exhibit A is hereby approved.
3. That the Mayor is authorized and directed to
sign said agreement on behalf of the City.
PASSED, APPROVED AND ADOPTED by the City Council of the
of Carlsbad, California, at a Regular Meeting held on the - 3
bay of Noveniber
AYES:
NOES: None
, 1981, by the following vote, to wit:
Council Wers Packard, Casler, hear, Lewis and 'f(ulchin
ABSENT: None
/hhcJk~2-p7
RONALD C. PACKARD, Mayor
ATTEST:
k
[SEAL)
3
+ L/\, I o;.; : 7-
I . !/' ' Lo?A /&A
JOINT POWERS AGREEMENT FOR &-?J/,%??
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A4.JkLU SAN DIEGO COUNTY CITIES
RISK MANAGEMENT AND
RELATED INSURANCE COVERAGES d&?>Jz&
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 provide risk management. 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.
These powers include providing for in-
___- kd 1 T N - E ---- S S S T Cs - :
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, ChaDter 5 of the California Governmc Code authorizes the joint exercise by two or more local public agencies of i power which is common to each of them, and
together with the other parties for the sole purpose of jointly purchasing excess insurance,
NOW, THEREFORE, for and in consideration of the mutual advantages be derived therefrom and in consideration of the execution of this agreemenl by other local public entities, each of the parties hereto does agree as fo'
public entity, the full legal name of which shall be "San Diego County Citit Risk Management Authority" and may be referred to herein as the "Authority" The Authority is a public entity separate from the parties to this agreemen-
ARTICLE 2 - MANAGEMENT BOARD - The governing body of the Authorit! 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 pal ticipating member agency. Each member shall be so designated by appointmen. by the member agency's governing board. Each representative will be a pub1 agency staff member.
WHEREAS, each of the parties to the agreement desires Lo join
ARTICLE 1 - SEPARATE ENTITY - There is hereby created a separate
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 th
joint plrrchase of excess insurance, employ agents and employees, and t sue and be sued in its own name. those services related to contracting for excess insurance. The debts, liabilities and obligations of the Authority shall not be t 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.
The foregoing powers are limited to
(C)
(D)
0 a
*e' ARTICLE 4 - MEMBERS
(A) Each local public entity which is a party to this agreement is a "membe agency" of the Authority and is entitled to the rights and privileges a is subject to the obligations of members, all as provided for in this agreement and any subsequent Bylaws.
Each member agency may at its sole election participate in the joint pu of excess coverage or in other risk management services offered by the Authority as may be provided through subsequent amendments to this Join 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 tt then current members.
ARTICLE 5 - AUTHORITY FUNDS - The Treasurer of the Authority shall the depository of the funds of the AGthority to purchase excess insurance. Treasurer's selection, responsibilities, compensation and related matters sb be governed by the Bylaws. The Treasurer may also perform the functions of Auditor and Controller as governed by the Bylaws.
ARTICLE 6 - TERH OF AGREEMENT - This agreement shall continue in E so long as there are two or more member cities.
ARTICLE 7 - TERMINATION OF MEMBERSHIP - A member agency may terrnir its membership in the San Diego County Risk Management Authority by notifyir Management Board at any time that they no longer wish to be a member agency the Authority; provided however such withdrawing member agency shall be resl: for any debts or obligations incurred by that member agency during said peri of membership.
ARTICLE 8 - ENFORCEFENT - The Authority shall have the right to er this agreement. If suit is brought by the Authority against any defaulting member and the Authority prevails in the actiong the defaulting party shall reasonable attorneys' fees to the Authority as adjudicated by the Court,
ARTICLE 9 - INVALIDITY - Should any portion, term, condition or pl vision of this agreement be determined by 2 Court of competent jurisdiction be illegal and in conflict with any law of the State of California or be otl rendered unenforceable or ineffectual 9 the validity of the rema'l'ning portio! conditions and provisions shall not be affected thereby.
ARTICLE IO - AMENDMENTS - No amendments to this agreement shall bt effective unless authorized by a majority of the governing bodies of the mer to this agreement.
ARTICLE li - PROHIBITION AGAINST ASSIGNKENT - No member agency ma: 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 claim or title to any part, shareg interest, fund, premium or asset of the AuthorTzy ..
and complete agreement of the parties.
agreements not set forth in writing herein or in the Bylaws.
effective irnzdi3tely after it has been adoDted by at least two cities.
EXECUTED BY THE UNDERSIGNED LOCAL PUBLIC ENTITIES UPON THE RESPECTIVE DATE FORTH AF R THE SIGNATURES OF THEIR DULY AUTHORIZED OFFICERS:
(B)
ARTICLE 12 - AGREEMENT COMPLETE - The foregoing constitutes the fl There are no oral understandings or
ARTICLE 13 - DATE AGREEMENT EFFECTIVE - This agreement shall becor
// ///?I &A&&& City of Carlsbad Bat$ /
10/27/81
City Ch)LQ of Chula Vista 473lY9/& Date
City of Coronado Date
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City of De1 flat- Date
City of El Cajon Date
City of tscondido Date
City of La Mesa Date
City of Lemon Grove Date
City of National City Date
City of Oceansi de Date
City of Poway Date
i
City of Santee Date
- City of Vista Date