Loading...
HomeMy WebLinkAbout1981-01-03; City Council; 6785; Joint powers agreementtm>CITTOF CARLSBAD — AGENDJIlLL AB#_ MTR 11-3-81 DEPT._CM TITLE: PROPOSED JOINT POWER AGREEMENT FOR RISK MANAGEMENT AND RELATED INSUR- ANCE COVERAGE . CITYATTY\ CITY s Ou z O OO RECOMMENDED ACTION: Adopt Resolution No. ITEM EXPLANATION: approving the JPA. The City-County Managers Association (CCMA) is proposing the establish- ment of a joint powers agreement (JPA) to provide for the joint purchase of excess liability insurance for JPA members. Similar jPA'.s exist throughout the state and many cities have saved money by participation in such programs. The cities of Chula Vista, Del Mar, El Cajon, La Mesa^i Lemon Grove, Oceanside, National City, and Vista have already approved participation in the JPA. The proposed JPA would provide for the joint purchase of excess liability insurance. An individual city would be able to determine the amount of insurance it wanted. However, through joint purchasing the cost of the insurance should be reduced. A city could choose to buy insurance through the JPA or directly, whichever would provide the ^gi?^a-teEi advantage. The establishment^of the JPA and the joint marketing of insurance will not create a direct cost for.the City. The costs of marketing insurance will be paid out of commissions. If the needs of the JPA members change, the JPA can be amended to provide additional services such as claims adjusting. Fees would be assessed to the users of such services. The formation of the JPA and the joint marketing of insurance may save the City of .Carlsbad a significant amount on liability insurance premiums. The decision on the better way to purchase insurance will depend on the quotes obtained through the joint marketing program. FISCAL IMPACT: No direct cost to the City for formation and joint marketing of insurance. The City may realize significant cost savings on the purchase of liability insurance. . . EXHIBITS: Resolution No. .1 2 3 4 5 V 6 7 8 9 10 11 12 13 .14. 15 16 17 18 19 20 21 22 23 24. 25 26 27 28 . . . : RESOLUTION NO. 6711 - A RESOLUTION OP THE,CITY COUNCIL OF THE . ; . -. CITY OF CARLSBAD, CALIFORNIA APPROVING : THE ESTABLISHMENT OF JOINT POWERS AGREE- MENT TO PROVIDE RISK ;MANAGEMENT SERVICES. , , WHEREAS, the establishment of a joint powers agreement may • benefit the City of Carlsbad in the administration of its risk management program; and . ; WHEREAS, the joint exercise of powers in the purchase of liability insurance may result in significant cost savings.to the City. '• . ' . . ' ' ' . • .". . • ' '. '"•'' '.. • ."-.'. .': , ' •"..•'. NOW, THEREFORE, BE IT RESOLVED by the City Council of the 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 thev City. •PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad, California, at a Regular Meeting held on the. 3rd day of'. November , 1981, by the. following vote, .to wit: AYES: Council Members Packard, Gasler, Anear, Lewis and Kulchin • - - ."''.• . .'•'•/'• .• '• NOES: None • • ; : . : ABSENT: None '. ' ' . . RONALD C. PACKARD, Mayor ATTEST: fC K^Xj ALETHA•L. RAUTENKRANZ, City Cletk (SEAL) .B SAN DIEGO COUNTY CITIES JOINT 'POWERS AGREEMENT FOR " RISK MANAGEMENT AND RELATED INSURANCE.COVERAGES JOINT EXERCISE OF POVIERS . ' . '.,;.. ' 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. 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 1 of the Government Code. 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 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 insurance. . .- • NOW,. THEREFORE, for and in consideration of the mutual advantage's to be derived therefrom and in consideration of the execution of this 'agreement by. other local public entities, 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 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 agency's governing board. Each representative will be a public agency staff member. ' . ARTICLE 3 - AUTHORITY POUERS - . ;. i •": . . .,' (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 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. (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 bo subject to and be governed by the Bylaws, once . adopted by the Management 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 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 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 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 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 otherwise 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 adopted by at least two cities. EXECUTED BY THE UNDERSIGNED LOCAL PUBLIC ENTITIES UPON THE RESPECTIVE DATE SET FORTH AFIER THE SIGNATURES OF THEIR DULY AUTHORIZED OFFICERS: (Tity of^Carlsbad 10/27/01 City of Chula Vista Date "CTty o f Co ro n a'cfiT •Date" -3- City of Del Mar 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 Oceanside Date City of Poway Date City of Santee Date City of Vista Date