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HomeMy WebLinkAboutRes 0948 - Amend Interlocal Agreement - (PSCIA) Puget Sound Cities Insurance Authority RESOLUTION NO. 948 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON. APPROVING AMENDMENTS TO THE INTERLOCAL AGREE- MENT CREATING THE PUGET SOUND CITIES INTERLOCAL INSURANCE AUTHORITY (PSCIA) AND AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT INCORPORATING THE AMENDMENTS_ WHEREAS, the Puget Sound Cities Interlocal Insurance Authority (hereinafter "PSCIA has been a functioning and operating organization for the past four years. pursuant to an interlocal agreement between its member cities. and WHEREAS. the City of Tukwila became a signatory party to this agree- ment on November 7. 1983, pursuant to Resolution No. 886 of the City Council_ and WHEREAS, Article 26 of the Interlocal Agreement creating PSCIA allows for amendment of the agreement, and WHEREAS. on February 21. 1985, the Board of Directors of PSCIA unanimously approved the adoption of certain amendments to the Interlocal Agreement creating PSCIA and approved the presentation of the same to each of the member cities for their ratification and approval. and WHEREAS, the City Council has reviewed the proposed amendments and finds that they merit adoption. now. therefore. THE CITY COUNCIL OF THE CITY OF TUKWILA. WASHINGTON. HEREBY RESOLVES AS FOLLOWS: Section 1, Amendments Approved. The City Council hereby approves the amendment of those certain sections of the Interlocal Agreement creating the Puget Sound Cities Interlocal Insurance Authority. entered into by the City of Tukwila on November 7. 1983. which are set forth on Exhibit A to this resolution to read as set forth on the said exhibit. Section 2. Authorization for Signature. The Mayor is hereby authorized to execute an agreement incorporating those amendments to the Interlocal Agreement creating the Puget Sound Cities Interlocal Insurance Authority set forth on Exhibit A_ RESOLVED BY THE CITY COUNCIL OF THE CITY OF TUKWILA. WASHINGTON. AT THEIR REGULAR MEETING on the day of 1985, CITY OF TUKWILA P/144,-" C LTRC� PRESIIM EDGAR D. BAUn ATTEST /AUTHENTICATED: CLERK, AXf�N ERSON CITY APPROVED AS TO FORM: OFFICE OF THE C ATTO EY: B I. FILED WITH THE CITY CLER PASSED BY THE CITY COUNCIL: RESOLUTION NO. ��7 EXHIBIT A ARTICLE 1 (h) Executive Director shall mean that employee of the Authority who is appointed by the Board of Directors, and responsible for the management and administration of the joint protection program of the Authority. ARTICLE 2 This agreement is entered into by Cities in order to provide more compre- hensive and economical liability coverage, to provide for the economical or self insurance pooling of insurance coverage for all forms of insurance avail- able or required by law for municipal corporations and for which State authorizes the formation of pooling organizations to provide such insurance, to reduce the amount and frequency of Cities' losses, and to decrease the cost incurred by Cities in the handling and litigation of claims. This purpose shall be accomplished through the exercise of the powers of Cities jointly in the creation of a separate entity, the Puget Sound Cities Interlocal Insurance Authority, to administer a joint protection program where Cities will pool their losses and claims, jointly purchase excess insurance and administrative and other services including claims adjusting, data processing, risk management consulting, loss prevention, legal and related services. It is also the purpose of this Agreement to provide, to the extent per- mitted by law, for the inclusion at a subsequent date of such additional municipal corporations organized and existing under the Constitution or laws of the State of Washington as may desire to become parties to this Agreement -and members of the Authority, subject to approval by the Board of Directors. It is also the purpose of this Agreement to provide, to the extent per mitted by law, that the "Authority" may, in the discretion of its Directors, contract with non member Cities or other municipal corporations in the State of Washington to provide, at a reasonable charge, such non member Cities or municipal corporations administrative and other services including claims adjusting, data processing, risk management consulting, loss prevention and training. ARTICLE 7 (a) The Authority shall be governed by the Board of Directors which is hereby established and which shall be composed of one representative from each Member City who is an employee or official of that City as appointed by the -City Council, Commission, or appointing official, of that City. Each City Council, Commission, or appointing official, in addition to appointing a member -of the Board shall appoint at least one alternate who also shall be an officer or employee of that City. ARTICLE 8 (j) The Executive Director shall have the power to hire such persons as the Board authorizes for the administration of the Authority, including the "borrowing" of management -level employees from one or more of the Member Cities to assist in the development phase of the joint protection program of the Authority, subject to the approval of the Member Cities to assist in the development phase of the joint protection program of the Authority, subject to the approval of the Member City. Any Member City whose employee is so "borrowed" according to this provision shall be reimbursed by the Authority for that employee's time spent or services rendered on behalf of the Authority. (k) The Executive Director shall have the general supervisory control over the day -to -day decisions and administrative activities of the Authority. (1) The Board shall have such other powers and functions as are provided for in this Agreement, including, but not limited to, the power to authorize the contracts with non member Cities or municipal corporations and the "Authority to provide services to such non members as set forth in Article 2, upon such terms and conditions as the Directors shall decide appropriate. ARTICLE 10 The Board of Directors may appoint at any time of the year during a board meeting an Executive Committee of the Board of Directors which shall consist of an odd number of not less than five nor more than nine members, as determined by the Board of Directors. Two of the members of the Executive Committee shall be the President of the Board of Directors, and the Vice President of the Board of Directors; the remainder of the members, after their original election, shall be elected by the Board of Directors at the same time the officers of the Board are elected in January of each calendar year. The President of the Authority, or the Vice President in his or her absence, shall serve as the Chairperson of the Executive Committee. The Board of Directors may delegate any of the pwers of the Board as outlined in Article 8 to the Executive Committee and may establish and delegate any other powers and duties the Board deem appropriate. ARTICLE 11 (b) Executive Director. The Executive Director shall have the general administrative responsibility for the activities of the joint protection program and shall appoint all necessary employees thereof. ARTICLE 12 (a) The insurance coverage provided for Member Cities by the Authority shall allow or require protection for comprehensive liability, personal -2- injury, errors and omissions, contractual liability, and such other areas of coverage as the state shall require or the Board shall determine. ARTICLE 13 (c) The initial premium for each City shall be determined by the Board, in its discretion, based upon a fair formula which shall consider, but not be limited to, total City payroll, administrative experience of the City, the previous loss experience of the City, the liability risks of the City and the costs to the Authority of adding the City as a member. ARTICLE 14 (c) Executive Director's Report. The Executive Director, within one hundred and twenty (120) days after the close of each fiscal year, shall give a complete written report of all financial activities for such fiscal year to the Board and to each Member City. ARTICLE 15 (c) The Treasurer's duties shall include: (4) Pay any other sums due from Authority money only upon request for payment signed by the President of, the Board or the Executive Director. ARTICLE 16 (h) Conduct risk management audits to.review the participation of each City in the program. The audit shall by performed by the Executive Director or, at the discretion of the Board, an independent auditor may be retained by contract to conduct the audits. ARTICLE 17 (a) The City Council, Commission, or appointing official of each City shall appoint a representative and at least one alternate representative to the Board of Directors, pursuant to Article 7 of this Agreement. ARTICLE 19 After the effective date of the joint protection program is established by the Authority, according to provisions of Article 18, additional cities shall be permitted to become signatories to this Agreement, or to enter the joint protection program, during the first year of operation. Following the first year of operation, the Authority shall allow entry into the program of new members approved by the Board at such time during the year as the Board deem appropriate. -3-