HomeMy WebLinkAbout2003-090 - Amending the Liability Risk Coverage AgreementJWFI9122103
RESOLUTION NO. 2003-090
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING THE LIABILITY RISK
COVERAGE AGREEMENT AND THE JOINT POWERS
AGREEMENT CREATING THE BIG INDEPENDENT
CITIES EXCESS POOL JOINT POWERS AUTHORITY,
APPROVING THE PREPAYMENT OF BASIC PREMIUM,
AND AUTHORIZING, RATIFYING, AND APPROVING
CERTAIN OTHER DOCUMENTS AND ACTIONS IN
CONNECTION THEREWITH.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
The Cities of Santa Ana, Huntington Beach, Oxnard, Pomona, and San
Bernardino formed the Big Independent Cities Excess Pool Joint Powers
Authority, a joint exercise of powers entity organized and existing under the
laws of the State of California (the "Authority"); and
The Authority and the Cities of Santa Ana, Huntington Beach, Oxnard,
Pomona, and San Bernardino entered into the Liability Risk Coverage
Agreement dated as of October1, 1988 (the "Original Agreement"), as
amended by the First Amendment to Liability Risk Coverage Agreement
dated as of December 1, 1988 (the "First Amendment"), by and among the
Authority and the Cities of Huntington Beach, Oxnard, Pomona, San
Bernardino, and Santa Ana, and by Resolution No. 95-1, adopted by the
Board of Directors of the Authority (the "Board") on November 25, 1995 (the
"Second Amendment") (the Original Agreement, as amended by the First
Amendment and the Second Amendment, is referred to herein as the
"Agreement"); and
The City of Pomona ("Pomona") has been expelled from Coverage (as
defined in the Agreement) as a Participant (as defined in the Agreement)
under the Agreement, effective as of August 18, 2003; and
The City has been informed that the City of West Covina ("West Covina") has
delivered to the Authority an application to be admitted as a new Participant;
and
E. in connection with the admission of West Covina as a new Participant and the
expulsion of Pomona from Coverage as a Participant under the Agreement,
Resolution No. 2003-090
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certain provisions of the Agreement and the exhibits thereto are required to
be amended, supplemented, or waived, as applicable; and
The City proposes to enter into a Third Amendment to Liability Risk Coverage
Agreement (the "Third Amendment") by and among the Authority and the
Cities of Santa Ana, Huntington Beach, Oxnard, San Bernardino, and West
Covina, to provide for, among other things, the admission of West Covina as
a new Participant; and
In connection with the admission of West Covina as a new Participant, West
Covina is required under the Agreement, among other things, to become a
member of the Authority under the Joint Powers Agreement Creating the Big
Independent Cities Excess Pool Joint Powers Authority (the "JPA
Agreement"), executed by each of the Cities of Huntington Beach, Oxnard,
Pomona, San Bernardino, and Santa Ana in September 1998; and
In connection with the expulsion of Pomona from Coverage as a Participant
under the Agreement, Pomona shall be deemed under Article 17 of the JPA
Agreement to have withdrawn from the JPA Agreement and shall no longer
be a party to the JPA Agreement; and
In connection with the admission of West Covina as a member of the
Authority and the withdrawal of Pomona as a member of the Authority, certain
provisions of the JPA Agreement are required to be amended or
supplemented, as applicable; and
The City proposes to enter into the First Amendment to Joint Powers
Agreement Creating the Big Independent Cities Excess Pool Joint Powers
Authority (the "JPA Amendment") by and among the Cities of Santa Ana,
Huntington Beach, Oxnard, San Bernardino, and West Covina, to provide for,
among other things, the admission of West Covina as a member of the
Authority and the acknowledgement of the withdrawal of Pomona as a
member of the Authority; and
Section 11.2 of the Agreement permits all Participants (i.e., the Cities of
Santa Ana, Huntington Beach, Oxnard, and San Bernardino), with at least
two-thirds approval of the members of the Board, to exercise as a group the
option to prepay the Basic Premium (as defined in the Agreement) of all
Participants pursuant to Section 11.1 or 11.3 of the Agreement, as applicable,
in the manner and upon the terms set forth in such applicable section; and
The City desires to approve the prepayment of its Basic Premium, subject to
the conditions set forth herein; and
The City desires to approve the prepayment of its Basic Premium, subject to
the conditions set forth herein; and
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N. The City desires to approve, ratify, and confirm in all respects all previous
actions taken by the City or any member of this City Council of this City (the
"City Council") or any other officer or staff member of the City with respect to
the foregoing; and
O. The forms of the following documents are on file with the Clerk of the Council
and have been submitted to this City Council:
(a)
(b)
the Third Amendment; and
the JPA Amendment;
Section 2. The Third Amendment is hereby approved in substantially the form
on file with the Clerk of the Council. The City Manager and the Clerk of the Council are
hereby authorized and directed, to execute and deliver the Third Amendment on behalf
of the City with such changes, insertions, and omissions as they, in consultation with the
City Attorney, shall require or approve, such approval to be conclusively evidenced by
the execution and delivery thereof.
Section 3. The JPA Amendment is hereby approved in substantially the form
on file with the Clerk of the Council. The City Manager and the Clerk of the Council are
hereby authorized and directed, to execute and deliver the Third Amendment on behalf
of the City with such changes, insertions, and omissions as they, in consultation with the
City Attorney, shall require or approve, such approval to be conclusively evidenced by
the execution and delivery thereof.
Section 4. The option to prepay all of the City's Basic Premium at any time
pursuant to Section 11.2 of the Agreement is approved, without further action by this
City Council; provided that all of the following conditions are satisfied: (a) all Participants
(i.e., the Cities of Santa Ana, Huntington Beach, Oxnard and, San Bernardino) shall
have approved such option to prepay, so that such option shall be exercised by all such
Participants as a group; (b) at least two-thirds of the members of the Board shall have
so approved the exercise of such option to prepay all Basic Premium; (c) Undesignated
Reserves (as defined in the Agreement) in the Claims Payment Fund (as defined in the
Agreement), moneys in the Debt Service Reserve Fund (as defined in the Agreement),
or any other lawfully available moneys shall be used for such prepayment; and
(d) notwithstanding the last paragraph of Section 11.2 of the Agreement, the majority of
the Participant members of the Board shall have determined that the Authority's pooled
self-insurance program shall not terminate by virtue of such prepayment of Basic
Premium, except for the obligations of each such Participant to pay Pure Premium
Adjustments (as defined in the Agreement). The Board shall determine the time that
any such optional prepayment of Basic Premium shall be made under Section 11.2 of
the Agreement and whether any such optional prepayment shall be exercised pursuant
to Section 11.1 or 11.3 of the Agreement, in the manner and upon the terms set forth in
such applicable section.
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Section 5. The City Manager, the Clerk of the Council, the Risk Manager, the
City Attorney, and any other proper officer of the City are hereby authorized and
directed, jointly and severally, to do any and all things and to execute and deliver any
and all documents necessary or proper for carrying out the transactions contemplated
by this Resolution or any of the documents referred to herein, and to execute and
deliver any and all certificates, representations, opinion letters, and other documents
necessary or desirable to accomplish the transactions described in such documents or
herein.
Section 6. Any document, the execution of which by the City Manager and the
Clerk of the Council is authorized by this Resolution, shall, in the absence or inability to
act of such officer, be executed by any authorized designee of such officer, such
authorization to be given in writing.
Section 7. All actions previously taken by this City Council and by the officers
and staff of the City with respect to the matters addressed by this Resolution are hereby
approved, ratified, and confirmed in all respects, including, without limitation, all actions
necessary or desirable to provide for Coverage for West Covina, effective as of July 1,
2003.
Section 8. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this 17th day of November, 2003.
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AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers:
Alvarez, Bist, Christy, Garcia, Pulido,
Solorio (6)
Councilmembers: None (0)
Councilmembers: None (0)
Councilmembers:
Franklin (1)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRIClA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2003-090 to be the original resolution adopted by the City
Council of the City of Santa Aha on November 17, 2003.
Date:
Clerk of the Council
City of Santa Ana
Resolution No. 2003-090
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