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HomeMy WebLinkAbout86-080f RESOLUTION NO. 86-80 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE DECLARING ITS INTENTION TO PROCEED WITH PARTICIPATION IN A CERTAIN POOLED LIABILITY SELF-INSURANCE PROGRAM PROVIDED BY THE COUNTY SUPERVISORS ASSOCIATION OF CALIFORNIA _ EXCESS INSURANCE AUTHORITY AND AUTHORIZING CERTAIN ACTIONS IN' CONNECTION THEREWITH. • WHEREAS, the County of Bute ( the "County" ) is a political subdivision duly organized and existing under the Constitution and laws of the State of California (the "State"); WHEREAS, the County is authorized by Part 6 of Division 3.5 of Title 1 Section 90Q et se ., of the California Government Code (the "Act") to insure itself against tart or inverse condemnation liability, to insure its employees against injury resulting from an act or omission in the scope of his employment and to insure against the costs of defending such claims; WHEREAS, the County has conclusively determined following investigation that either excess public entity liability insurance coverage is not available to the County from commercial insurers or from any other source or that such insurance is not available at a cost which is reasonable; WHEREAS, pursuant to Section 990.4 of the Act the County is authorized to provide insurance by self-insurance which may be funded by appropriations and to establish or maintain reserves for such purposes; 1 WHEREAS, pursuant to Section 990.8 of the Act, the County is empowered to obtain insurance coverage through a joint powers agreement with either local public entities, and such pooling of self-insured claims and the risk sharing of lasses is not , considered insurance subject to regulation under the California insurance Code; WHEREAS, the County Supervisors Association of California - Excess Insurance Authority (the "CSAC-EIA") is a joint exercise of powers agency of which the County is a member; WHEREAS, CSAC - EIA, in conjunction with certain consultants (the "Consultants"), has presented to this Board a plan of financing a liability self-insurance program, consisting of an initial phase and a subsequent capitalized phase, (the "CSAC-EIA Program") by and among the County, CSAC-EIA and certain eithez counties which are members of CSAC-EIA, which CSAC-EZA Program involves the execution and delivery of certificates of participation evidencing interests in premium payments to be made by participating counties pursuant to agreement with CSAC-EIA; WHEREAS, the CSAC-EIA Program has been generally described to the County by the Consultants; however, the final documents, including the Liability Risk Coverage Agreement, Trust Agreement and Memorandum of Liability Coverage, have not been prepared and wi11 not be prepared for approximately 20 days; WHEREAS, some preliminary expression of intent is necessary from all the counties that are interested in participating in the 2 CSAC-EIA Program so that the Consultants can formulate the final provisions of the CSAC-EIA Pragram; and WHEREAS, the County at this time desires to make a preliminary expression of its intent to participate in the CSAC- EIA Program; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF Butte AS FOLLOWS: Section 1. Intent. This Board hereby finds and declares that it intends to proceed as a participant in the CSAC-ETA Program. Section 2. Further Actions. The Chairman of the Board of Supervisors and the County Administrative Officer are hereby authorized and directed, jointly and severally, to do any and all things and to provide and deliver any and all documents or information which they may deem necessary or advisable in order to cooperate with the CSAC-EIA and the Consultants in the development and formulation of the CSAC-EIA Program. Any such actions heretofore taken by such officers are hereby ratified, confirmed and approved. Section 3. Conce tual A royal. The intent evidenced by this Resolution constitutes the County's conceptual approval of the CSAC-EIA Program. The County reserves its ultimate commitment on participation in the CSAC-EIA Program until such time as the final documents have been delivered to and reviewed by the-~Coun~y. 3 j ` ~:• .. PASSED AND ADOPTED this l~thday of dune , 1986, by the fallowing vote: AYES: Supervisors Dolan, Fulton, Mclnturf, Wheeler and Chairman McLaughlin NOES : Npne ABSENT : None , S'1! C t ED McLAUGHLIN, Ch rman Butte Count.L Board of Supervisors (SEAL) Atte s t• MARTIN d. NICHOLS, Chief Administrative Officer • and Cierk of the Board of Supervisors By: Deputy Clerk, oar o pervT sors g .. ~~. ' CLERK'S CERTIFICATE I, Martin J. Nichols of the County of i,ttQ foregoing is a full, true adopted at a regular meet County duly and regularly place thereof on June l7 Clerk of the Board of Supervisors hereby certify that the and correct copy of a resolution duly ing of the Board of Supervisors of said and legally held at the regular meeting 1986. Dated: June T9th 1,986 Martin J. Ni fficer and Clerk of the Board of Sunervi sors By: ' 5