HomeMy WebLinkAbout1983-03-01; City Council; Resolution 7148. v.
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RESOLUTION NO. 7148
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, 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 benefit the City of Carlsbad in the administration of its risk
management program; and
WHEREAS, the joint exercise Of powers in Risk Management programs 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 amendment to the Joint Powers Agreement attached hereto as
Exhibit "A" is hereby approved.
3. That the Playor is authorized and directed to sign said agreement on
behalf of the City.
PASSED, APPROVED AND ADOPTED by the City Counci 1 of the City of Carl sbad,
California, at a regular meeting held on the 1st day of 1983,
by the following vote, to wit:
AYES:
NOES: None
Cm"l I'BberS Casler, IRZ27isr Chick and Prescott
MARY H. CASLFR, Mayor
1TTEST:
&L 80 Pw- ALETHA L. RAUTENKRANZ, City ClerK
(SEAL)
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AMENDLWT TO THE
SAN DIEWXOUNTYICITXES JOINT -PDWERS-AGREEMENT
FOR RISK MANAGEMENT AND REI;ATED INSURANCE COVERAGES
WHEREAS, the signatory members of the San Diego County Cities Joint
Powers Agreement for Risk Management and Related Insurance Coverages desire tc
amend said agreement to allow an expansion of the purpose of the Joint Powers
Authority; and
WHEREAS, an amendment to the agreement may only be made by authorization
0f.a majority of the governing bodies of the signatory members of the Joint
Powers Authority.
NOW, THEFaFORE, 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 hereto DOES AGREE as
follows :
That the San Diego County Cities Joint Powers Agreement for Risk Management
and Related Insurance Coverages be and the same is amended as follows:
SAN DIEGO COUNTY CITIES
JOINT POtJERS AGREEW-T FOR
RISK MANAGEMEW AXD
RELATED Ih'SURZLhJCE COVERAGES
JOINT EXERCISE OF POWERS
This agreement is entered into pursuant to the provisions of Chapter 5 (begin-
ning with Section.6500) of Division 7 of Title I of the Government Code
authorizing specified local public entities to exercise jointly the power to
provide risk management.
suant to the provisions of Chapter' 3 (beginning with Section 989) of Part 6 of
Division 3.6 of Title I of the Government Code.
These powers include providing for insurance pur-
WHEREAS, the public interest requires and it is to the mutual interest
of the parties hereto to join together to provide effective risk management
programs; and
WZEREAS, for the purpse cf this agrement, Risk Manager" shall me&
the process of identifying, evaluating, reducing, transferring and eliminating
risk. Risk Management includes various elements of insurance, law, adminis-
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-ation, technology, accounting and general business to effectively manage
tzards and losses to which member cities may be exposed.
WHEREAS, each of the local public entities which is a party to this agree-
mt has the power to establish and operate a program of risk management; and
WHEREAS, Title I, Division 7, Chapter 5 of the California Government Code
ithorizes the joint exercise by two OK more local public agencies of any
iwer which is common to each of them; and
WHEREAS, each of the parties to the agreement desires to join together
ith the other parties for the purpose of providing effective risk management
eograms ;
NOW, THEREFORE, for and in consideration of the mutual advantages to be
wived therefrom and in consideration of the execution of this agreement by
ther local public entities, each of the parties hereto does agree as
3llows :
ARTICLE 1 - SEPARATE ENTITY - There is hereby created a separate public
ntity, the full legal name of which shall be "San Diego County Cities Risk
anagement Authority" and may be referred to herein as the "Authority". The
uthority is a pt%blic entity separate from the parties to this agreement.
ARTICLE 2 - MANAGEMENT BOARD - The governing body of the Authority shall
e the "Management Board" and may be referred to herein as 'the "Board". Voting
.embers of the Board will consist of one representative from each signatory
tember agency. ,Each member shall be so designated by appointment by the member
.gency's governing board. Each representative will be a public agency staff
tember .
ARTICLE 3 - AUTHORITY POWERS
:A) The authority shall have the power to select a broker and jointly purchase
insurance e
The Authority shall also have the power to enter into contracts for the [B)
joint purchase of insurance, employ agents and employees, and to sua and
be sued in its own name.
(C) The debts, liabilities and obligations of the Authority shall not be
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the debts, liabilities or obligations of the parties to the agreement.
The Authority shall be subject to and governed by the Bylaws, once
adopted by the Management Board.
ARTICLE 4 - MEMBERS
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.
Each member agency may at its sole election participate in joint purchase
of insurance or in other risk management services offered by the
Authority.
After formation of the Authority by the initial membership group, new
members may be accepted upon application to the Authority and upon accep-
tance by the majority of member agencies subject to the provisions of the
then current Bylaws. I
ARTICLE 5 - AUTHORITY FUNDS - The Treasurer of the Authority shall be the
iepository of the funds of the Authority. The Treasurer's selection, respon-
;ibilities, compensation and related matters shall be governed by the Bylaws.
rhe Treasurer may also perform the functions of Auditor and Controller as
joverned 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 i-s
nembership in the San Diego County Cities 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
If suit is brought by this Authority against any defaulting this agreement.
member and the Authority prevails in the action,.the defaulting party shall
pay reasonable attorneys' fees to the Authority as adjudicated by the Court.
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ARTICLE 9 - INVALIDITY - Should any portion, term, condition or provision
if this agreement be determined by a Court of competent jurisdiction to be
llegal and in conflict with any law of the State of California or be otherwise
.endered unenforceable or ineffectual, the validity of the remaining portion,
.ems, conditions and provisions shall not be affected thereby.
ARTICLE 10 - AMENDMENTS - No amendments to this agreement shall be effec-
.ive unless authorized by a majority of the governing bodies of the members to
.his agreement.
ARTICLE I1 - PROHIBITION AGAINST ASSIGNMENT - No member agency may assign
.ny right, claim or interest it may have under this agreement and no creditor,
ssignee, or third party beneficiary of any member shall have any right, claim
lr title to any part, share, interest, fund, premium or asset of the Authority.
ARTICLE 12 - AGREEMENT COMPLETE - The foregoing constitutes the full and
:omplete agreement of the parties.
lgreements not set forth in writing herein or in the Bylaws.
There are no oral’understandings or
ARTICLE 13 - DATE AGREEMENT EFFECTIVE - This agreement shall become effec-
Live immediately after it has been adopted by a.majority ,of member cities.
:XECUTED BY THE UNDERSIGNED LOCAL PUBLIC ENTITIES UPON THE RESPECTIVE: DATE SET
’ORTH AFTER THE SIGNATURES OF THEIR DULY AUTHORIZED OFFICERS:
:ITY QF CARLSBAD, BY:
XTY OF CHULA VISTA, BY:
XTY OF CORONADO, BY:
XTY OF DEL MAR, BY:
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CITY OF EL CAJON, BY:
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CITY OF ESCONDIDO, BY:
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€ CITY OF IMPERIAL BEACH, BY:
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CITY OF LA MESA, BY: E
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11 CITY OF LEMON GROVE, BY:
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CITY OF NATIONAL CITY, BY: 14
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CITY OF OCEANSIDE, BY:
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19 CITY OF VISTA, BY:
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