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HomeMy WebLinkAbout99-106~,;'~ I~QRNIA '~,). 99-lOb RESOLUTION APPROVING PARTICIPATION IN THE CSAC EXCESS INSURANCE AUTHORITY PROPERTY PROGRAM WHEREAS, the CSAC Excess Insurance Authority ~"CSAGEIA"] had two property insurance programs, known as Property Program 1 and Property Program 11, to provide property insurance for their respective member counties, and WHEREAS, on Jru~e 4, 1999, the CSAC-EIA Board of directors approved a Memorandum ofi Understanding, a copy of which is attached hereto, combining Property Programs I and II into a new Property Program; and WHEREAS, the County of Butte currently is a member of` Program I; and WHEREAS, the County of Butte desires to become a member of the new CSAC EIA Property Program as provided in the Memorandum of Understanding. NOW, THEREFORE, the Board of Supervisors does resolve as follows: • The County of Butte approves membership in the Property Program and the Chair is authorized to execute the attached Memorandum of Understanding providing for participation in the Property Pro~,~ram in accordance with its terms. PASSED AND ADOPTED by tl7e Butte County Board of Supervisors this 10th day of August , 1999, by the follow vote: AYES: Supervisors Beeler, Houx, Josiassen, Davis and Chair Dolan NOES: None ABSENT: None NOT VOTING: None !(((""" ~, JANE DOL N, Chair Bcaard of Supervisors ATTEST: 1 JOHN S. BLACKLOCK, Chief Administrative Officer and Clerk of the Board of Supervisors bY: _~~''~ fit' i o ~ t 1 /~ (( ~~ _~ J ` '- 5 eputy , Adopted June 4, 1999 CSAC EXCESS INSURANCE AUTHORITY AND PROPERTY PROGRAM MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into by and between the CSAC-EIA (hereinafter referred to as the "Authority") and the participating counties who are signatories to this Memorandum. 1. PROVISIONS OF AGREEMENT TO APPLY. EXCept aS is otherwise provided herein, all terms used herein shall be as defined in Article 1 of the Joint Powers Agreement Creating the Excess Insurance Authority (hereinafter referred to as "Agreement"). 2. PROPERTY PROGRAMS MERGED. ThIS Memorandum supersedes and replaces the Property IS Prograrn Memorandum of Understanding, which upon adoption of the within Memorandum by the member counties terminates Property Programs I and II and by this Memorandum there is hereby established the Property Program (hereinafter "Program"), which combines Property I and Property II Programs. ~. ESTABLISHMENT OF COMMITTEE. There is hereby established a Program Committee (hereinafter referred to as "Committee") and, except as otherwise provided herein, said Committee shall have full authority to determine all matters affecting the member counties. In addition, the Committee is authorized to do such acts as are reasonably necessary to further the purposes cf this Memorandum and implement its provisions. 4. NUMBER of MEMBERS. The Committee shall consist of eleven {11) members to be selected from the member counties in accordance with paragraph 5. 5. SELECTioN of MEMBERS. The Committee members shall be selected as follows: Seven (?} of the committee members are to be appointed from the member counties who make up the top fourteen (14} member counties according to amount of annual property premium paid. Two (2} of the committee members are to be appointed from those remaining counties not within the tap fourteen (14) member counties. The remaining two (2) committee members may be appointed from any member county. For purposes of this paragraph and selection to the Committee, the City of San Diego shall be included within the term "member county" and may be appointed to tree Committee under the same conditions as a member county. 6. Vacancy and Membership. Membership in the committee shall be determined annually with committee members serving two (2} year terms. Committee membership shall be determined at the January meeting, by the Executive Committee in accordance with Article 12 of the Agreement and Article V1.4 of the Bylaws of the Authority. If during a terra of office there is a vacancy on the Committee, appointment of new members to the committee shall, to the extent feasible, comply with the provisions of paragraph 5. Non- compliance steal! not affect any decision of the program members. Page 1 of 3 CSAC-ElA Property Program Memorandum of Understanding Adopted June 4, 1999 7. MEETINGS OF THE COMMITTEE. The Committee Shall meet on the call of the Chair of the committee as provided in Article 12 of the Agreement and Article VI of the Bylaws of the Authority (hereinafter referred to as the "Bylaws"). H. QUORUM AND VOTING. A majOrlty of the members of the Committee shall constitute a quorum for the transaction of business. No act of the Committee shall be valid or binding unless a majority of all the members concur therein. 9. APPLlCAB1UTY of BROWN AcT. Any meeting, including any special meeting, of the Committee shall be subject to the applicable provisions of Government Code § 54950 et seq., commonly known as the "Brown Act." 1 O. NEW MEMBER APPLICATION. Any county wishing to make application to join the Program may become a member county upon the approval by the Committee and approval of the underwriter. 11. API~ROVAL of NEw MEMBERS. Any county which makes application to become a member county and who is not already a member county in the Authority must be approved by the member counties in accordance with the provisions of Article 20 of the Agreement. 12. MEMBERS ADDED DURING TERM. NeW member counties may be added to the Program during the term of the coverage year on apro-rata basis. 13. WITHDRAWAL FROM MEMBERSHIP. WlthdraWal of a member county from the Program shall be in accordance with the withdrawal provisions of Article 21 of the Agreement 14. ADMINISTRATION COSTS. Annual Authority administration costs associated with the Program shall be as determined by the Committee. 15. DISPUTES. Any question or dispute with respect to the rights and obligations of the parties to this memorandum regarding coverage shall be determined in accordance with Articie 31 of the Agreement. 1 ~. AMENDMENT. ThIS Memorandum may be amended by two-thirds of the CSAC Excess Insurance Authority's Board of Directors upon ninety (90) days' advance written notice to the Member Counties and their respective counsels specifying the proposed amendments. 1 T. COMPLETE AGREEMENT. EXCept aS otherwise provided herein, this Memorandum constitutes the full and complete agreement of the members. 1 H. UNENFORCEABLE PROVISIONS. SHOULD any provision of this Memorandum be judicially determined to be void or unenforceable, such determination shall not affect any remaining provision. Page 2 of 3 CSAC-EIA Property Program Memorandum of Understanding Adopted June 4, 1999 ~ 9. EFFECTIVE DATE of AGREEMENT. ThIS memorandum Shall become effective upon approval by the Board of Directors of the Authority. Any member who is currently a member of Property Program I or II shall become a member in the Program upon execution of this memorandum. 20. EXECUTION IN COUNTERPARTS. Tills Memorandum may be eXBCUted in several counterparts, each of which shall be an original, all of which shall constitute but one and the same instrument. IN WITNESS WHEREOF, the undersigned have executed this Memorandum as of the date set forth below. Dated CSAC Excess Insurance Authority Da±ed County APPt=sC'V~ ~ !~~ Tt~.7 t=E~f~M Buti~ Ca rots .~::atv '- ~ - -- ~ ; r,.. Page 3 of 3