HomeMy WebLinkAbout2006-038 - Amending the Liability Risk Coverage Agreement
(JWF 6/13/06)
RESOLUTION NO. 2006-038
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,
AUTHORIZING, RATIFYING, AND APPROVING CERTAIN
OTHER 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:
A. The City of Santa Ana is a charter city and municipal corporation
organized and existing under and by virtue of the constitution and laws of
the State of California (the "City"); and
B. The Cities of Huntington Beach, Oxnard, West Covina, San Bernardino,
and Santa Ana (the "Cities") are the current Members of the Big
Independent Cities Excess Pool Joint Powers Authority (BICEP), a joint
exercise of powers entity organized and existing under the laws of the
State of California (the "Authority"); and
C. The Authority approved and entered into certain operating documents to
carry out the purpose of the Authority to jointly develop and fund programs
for comprehensive liability coverage and other coverages, including but
not limited to, Bylaws, a Liability Risk Coverage Agreement, a
Memorandum of Liability Coverage, and the Trust Agreement, all originally
dated as of October 1, 1988 and subsequently amended from time to time
(the "Original Operating Documents"); and
D. The Cities and the Authority now desires to amend and restate the form of
the Authority's operating documents in order to provide clarity and
efficiency in providing coverages to its Members, and to allow the
expansion of membership in the Authority to any publiC agency, as that
term is defined in the California Government Code commencing at Section
6500 et seq.
Resolution No. 2006-038
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Section 2. The forms of the following documents are on file with the Clerk of the
Council (the "Clerk") and have been submitted to this City Council for approval:
(a) The Joint Powers Agreement;
(b) The Amended Bylaws;
(c) The Memorandum of Liability Coverage;
(d) The Liability Program;
(e) The Workers' Compensation Program.
Section 4. The City Manager is hereby authorized and directed, for and in the
name of the City; to execute and deliver foregoing documents and such approval to be
conclusively evidenced by the execution and delivery thereof, with such non-substantive
changes as may be approved by the City Attorney. The City Manager is hereby
authorized and directed to take such actions and approve such document as the City
Manager, in consultation with the Risk Manager and City Attorney, deems necessary or
convenient to carry out the purpose of this resolution.
Section 5. 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 191h day of June, 2006.
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/// Miguel Pl.. Pulido
C Mayor
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APPROVED AS TO FORM:
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letcher, City Attb{ney
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Joseph W.
AYES Councilmembers Alvarez. Bisl. Bustamante. Christv. Garcia.
Pulido. Solorio (7)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers None (0)
Resolution No. 2006-038
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I, PATRICIA E HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2006-038 to be the original resolution adopted by the City
Council of the City of Santa Ana on June 19. 2006.
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Clerk of the Council
City of Santa Ana
CERTIFICATE OF ATTESTATION AND ORIGINALITY
Date:
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Resolution No. 2006-036
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