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Home My WebLink About1981-11-03; City Council; Resolution 67111 2 3 4 5 6 7 a 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 OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING THE ESTABLISHMENT OF JOINT POWERS AGREE- MENT TO PROVIDE RISK MANAGENENT SERVICES- WHEREAS, the establishment of a joint powers agreement may )enefit the City of Carlsbad in the administration of its risk ianagement program: and WHEREAS, the joint exercise of powers in the purchase of iability insurance may result in significant cost savings to the 'ity. NOW, THEREFORE, BE IT RESOLVED by the City Council of the ity of Carlsbad, California, as follows: 1. 2. That the above recitations are true and correct. That the joint exercise of powers agreement ttached hereto as Exhibit A is hereby approved. 3. That the Mayor is authorized and directed to ign said agreement on behalf of the City. PASSED, APPROVED AND ADOPTED by the City Council of the City f Carlsbad, California, at a Regular Meeting held on the ay of November , 1981, by the following vote, to wit: 3rd AYES: NOES: None ABSENT: None Council Members Packard, Casler, hear, Lewis and Kulchh ATTEST : LETHA L. RAUTENKRANZ, City Clekk SEAL) RONALD C. PACKARD, Mayor a I I /- 1 wyddm ' -e I RELATED INSURANCE COVERAGES a&&&-; SAN DIEGO COUNTY CITIES JOINT POGIERS AGREEMENT FOR RISK MANAGEEdENT AND I 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- ___--___ WITNESSSLBL 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 Q WHEREAS, Title 1, Division 7, ChaDter 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 together with the other parties for the sole purpose of jointly purchasing excess insurance. WHEREAS, each of the parties to the agreement desires to join NOkI, 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 entities, each of the parties heretoedoes agree as follows: I 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 Each member shall be so designated by appointment shall be the "Management Board" and nay be referred to herein as the "Board". Voting members of the Board will consist of one representative from each par- ticipating member agency. by the member agency's governing board. Each representative will be a public ager.cy staff member. ARTICLE 3 - AUTHORITY POWERS - (A) The Authority shall only have the power to select a broker and jointly purchase excess insurance. (8) 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. 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. The foregoing powers are limited to -2- 0 , _I .... .. ._ . i! 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 By1 aws. Each member agency may at its sole election participate in the joint purchase of excess coveraqe or in other risk management services offered by the Authority as may be provided through subsequent amendments to this Joint Powers Agreement. t (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. i i I (B) 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 nay also perform the functions of Auditor and Controller as governed by the Bylaws. so long as there are two or more member cities. 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. 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 6 - TERM OF AGREEMENT - This agreement shall continue in effect ARTICLE 7 - TERMINATION OF MEMBERSHIP - A member agency may terminate ARTICLE 8 - ENFORCEVENT - The Authority shall have the right to enforce 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. 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 11 - PROHIBITION AGAINST ASSXGNFENT - No member agency may ARTICLE 12 - AGREEMENT CONPLETE - The foregoing constitutes the full and complete aqreement of the parties. There are no oral understandings or agreements not-set forth in writing herein or in the Bylaws. effective imediately after it has been adopted by at least two cities. ARTICLE 13 - DATE AGREEMENT EFFECTIVE - This agreement shall become EXECUTED BY THE UNDERSIGNED LOCAL PUBLIC ENTITIES UPON THE RESPECTIVE DATE SET AUTHORIZED OFFICERS: //J4/g/ City of Carlsbad Date/ 1 c^)jiaccQ City of Chula Vista 10/27/81 Date City of Coronado Date . * , City of Del Har City of El Cajon city of tScOndido City of La Mesa City of Lemon Grove City of National City City of Oceanside City of Poway City of Santee City of Vista Date Date 1 Date - Date Date '0' Date Date Date Date