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HomeMy WebLinkAboutResolution - 2501 STATE OF CALIFORNIA ) RESOLUTION NO. 2501 COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY OF SAN JACINTO TO AUTHORIZE THE AMENDMENT OF ARTICLES 8(d), 10, 11 AND 22 OF THE AMENDED AND RESTATED JOINT POWERS AGREEMENT ("JPA") OF THE PUBLIC ENTITY RISK MANAGEMENT AUTHORITY ("PERMA") TO CONFORM THE JPA TO THE BYLAWS AND CURRENT PRACTICE EFFECTIVE December 18, 2003 WHEREAS, Article 1, Chapter 5, Division 7, Title 1 of the California Government Code permits two or more public agencies by agreement to exercise jointly powers common to the contracting parties; and WHEREAS, California Government Code Section 990.4 provides that a local public entity may self-insure, purchase insurance through an authorized carrier, or purchase insurance through a surplus line broker, or any combination of these; and WHEREAS, Article 24 of the JPA allows the JPA to be amended at any time by a vote of two-thirds of the member organizations, acting through their governing boards; and WHEREAS, PERMA currently has 26 members, thus requiring 18 members to vote to amend the J PA to make an amendment effective; WHEREAS, the City Council of the City of San Jacinto is the Governing Board of a member of PERMA; and WHEREAS, this Governing Board is desirous of amending Articles 8(d), 10, 11 and 22 of the JPA to conform to the existing bylaws and practice; and WHEREAS, Article 8 describes the powers and functions of the Board of Directors, including Article 8(d), which states that "The Board shall elect the officers of the Authority;" and WHEREAS, Article 10 currently states: ARTICLE 10 OFFICERS yr, The Board of Directors shall annually elect from its membership a President and Vice President of the Board at its regular annual meeting to service for one-year terms. Pagel of 4 The President, or in his or her absence, the Vice President, shall preside at and conduct all meetings of the Board and chair the Executive Committee. Said powers shall be exercised pursuant to the terms hereof and in the manner provided by law. WHEREAS, Article 11 of the JPA currently states: ARTICLE 11 EXECUTIVE COMMITTEE The Board of Directors may establish an Executive Committee of the Board which shall consist of five persons, the President and Vice President of the Board and three directors elected by the Board from its membership. The terms of office of the three non-officer members shall be as provided for in the Bylaws of the Authority. The Executive Committee shall conduct the business of the Authority between meetings of the Board, exercising such powers as are delegated to it by the Board, under the direction of the Board. WHEREAS, Article 22 of the JPA currently states: ARTICLE 22 BYLAWS AND PROCEDURES MANUAL As soon as practicable after the effective date of this Agreement, the Bylaws will be amended to reflect this new Amended and Restated Joint Powers Agreement. The Bylaws and Procedures Manual will govern the day-to-day operations of the Authority. Upon adoption by the Board, such documents shall be delivered by the Authority to each Member Organization. WHEREAS, these amendments will become effective on the day that PERMA receives the eighteenth (18th) affirmative member vote to make these amendments to the JPA. NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto, California, votes to amend Articles 8(d), 10, 11 and 22 of the JPA to state as follows: Page 2 of 4 NO. Section 1) ARTICLE 8(d): The Board, either directly or through the Executive Committee, shall elect the officers of the Authority. Section 2) ARTICLE 10: ARTICLE 10 OFFICERS The Board of Directors, either directly or through the Executive Committee, shalt annually elect from its membership a President and Vice President of the Board at its regular annual meeting to service for one-year terms. The President, or in his or her absence, the Vice President, shall preside at and conduct all meetings of the Board and chair the Executive Committee. Said powers shall be exercised pursuant to the terms hereof and in the manner provided by law. Section 3) ARTICLE 11: ARTICLE 11 F,XECUTIVE COMMITTEE The Board of Directors may establish an Executive Committee of the Board which shall consist of seven persons: the President and Vice President of the board, and five directors elected by the Board from its membership. The terms of office of the seven members shall be as provided for in the Bylaws of the Authority. The Executive Committee shall conduct the business of the Authority between meetings of the Board, exercising such powers as are delegated to it by the Board, under the direction of the Board. Page 3 of 4 Section 4) ARTICLE 22: ARTICLE 22 BYLAWS As soon as practical after the effective date of this Agreement, the Bylaws will be amended to reflect this new Amended and Restated Joint Powers Agreement. The Bylaws will govern the day-to-day operations of the Authority. Upon adoption by the board, the Bylaws shall be delivered by the Authority to each Member Organization. Section 5) the City Council of the City of San Jacinto, California, authorizes and directs the Finance Director, as the PERMA Board Member, to execute an amended and restated JPA incorporating the amendments set forth above. APPROVED AND ADOPTED this 18" day of December, 2003, by the following vote: Ayes Carlson-Buydos, Conner, Shaw, Ayres Nays: None Absent: Stubblefield Abstain: None City of San Jacinto m Ayre ayor ATTEST: orothy L. ouinard. City Clerk Page 4 of 4