HomeMy WebLinkAboutCC Resolution 7836 (Joint Powers Insurance Authority)RESOLUTION NO. 7836
APPROVING AND RATIFYING AMENDMENT TO THE
JOINT POWERS AGREEMENT CREATING THE
CALIFORNIA JOINT POWERS INSURANCE AUTHORITY
WHEREAS, the City of San Rafael has executed the Joint
Powers Agreement creating the California Joint Powers Authority,
and is a member thereof; and
WHEREAS, the Board of Directors of California Joint
Powers Insurance Authority met and approved a proposal to amend
Article IV, XVIII and XIX of the Agreement to read as follows:
ARTICLE IV
PARTIES TO AGREEMENT
Each party of this Agreement certifies that it intends to, and
does contract with, all other parties who are signatories of this
Agreement and, in addition with such other parties as may later
be added as parties to, and signatories of, this Agreement
pursuant to ARTICLE XVIII. Each party to this Agreement also
certifies that the deletion of any party from this Agreement,
pursuant to ARTICLE XIX or XX, shall not affect this Agreement
nor the remaining parties' intent to contract as described above
with the other parties to the Agreement then remaining. Each
party to this Agreement must, at all times, participate in at
least one pooled self-insurance layer of the Auto and General
Liability Program as defined in Article XI of the ByLaws.
ARTICLE XVIII
NEW MEMBERS
The Board shall review all new member applications and determine
which entities shall be accepted for participation in each layer
of each of the Authority's Programs, except when rejected by one
third or more of the Member Entities in any layer of any Program
in which the prospective member applies to participate.
Entities entering under this Article shall be required to pay
their share of organizational expenses as determined by the
Board, including those necessary to analyze their loss data and
determine their premiums.
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ARTICLE XIX
WITHDRAWAL
A. A Member Entity which enters any Pooled Coverage Program
or any layer thereof shall not withdraw from that Program or any
layer or as a party to this Agreement for a three-year period
commencing with its entrance into said Program.
B. At the conclusion of the initial three-year
noncancellable commitment to any Pooled Coverage Program or any
layer(s) of a Pooled Coverage Program, a Member Entity shall
continue to participate with successive two-year noncancellable
commitments until such time as withdrawal, pursuant to Section C,
is effected.
C. After the initial three-year noncancellable commitment
to any layer(s) of a Pooled Coverage Program a Member Entity may
withdraw from said layer(s) only at the end of said Pooled
Coverage Program's Program Year, provided it has given the
Authority a six-month written notice of its intent to withdraw
from said layer(s), and further provided that the proposed
withdrawal date coincides with the end of the Member Entity's
current noncancellable commitment. A Member Entity may withdraw
from a Pooled Coverage Program only upon its withdrawal from all
layers of such Pooled Coverage Program.
D. Any Member Entity which withdraws as a participant of
any Program pursuant to Section C. of this ARTICLE shall not be
reconsidered for three years from the Member Entity's withdrawal.
E. Notwithstanding any provision herein to the contrary no
Member may withdraw from the Liability Program entirely and
remain a member of the Authority.
WHEREAS, the City of San Rafael is in accord with the
amendments, finds them to be compatible with the general purposes
of the entire agreement, and finds that they should be adopted;
NOW THEREFORE BE IT RESOLVED that the San Rafael City
Council approves and ratifies the action taken by other members
to make such amendments effective, hereby adopts such amendments,
and authorizes execution on behalf of the City of San Rafael of
any further instrument constituting an amendment of the
agreement, or the entire agreement as amended, or other
appropriate form of instrument tendered for signature and filing
to make effective the provisions of Articles IV, XVIII and XIX of
the Joint Powers Agreement in the form approved above.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael,
hereby certify that the foregoing resolution was duly and
regularly introduced and adopted at a regular meeting of the
Council of said City the 'Irrl day of nrtnhAr 1988, by
the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Frugoli, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
IEACINI, City Jerk