HomeMy WebLinkAbout1715 ResolutionATTE
Eve yn ells, City Clerk
R E 5, Co I_ VT I CD NI I\1 CD _ 1715
A RESOLUTION authorizing the City of Pasco to participate in the
Puget Sound Cities Insurance Authority to iointly
self-insure its general liabilities
WHEREAS, the cost, availability, and adequacy of insurance coverage
for cities is a major concern to the City of Pasco, and
WHEREAS, joining together with other cities for joint self-insurance
and/or joint purchase of insurance coverages is an alternative to conventional
insurance purchase and claim procedures, and
WHEREAS, the City of Pasco has reviewed the Interlocal Agreement
creating the Puget Sound Cities Insurance Authority and in consideration
of all of the mutual benefits, covenants, and agreements contained therein,
is desirous of becoming a member city to the Interlocal Agreement commencing
at 12 01 a m , May 18, 1986, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO DO RESOLVE AS
FOLLOWS
1 The City of Pasco desires to become a member of the Puget
Sound Cities Insurance Authority commencing at 12 01 a m , May 18, 1986,
under the stipulation that insurance at the Pool's renewal is available
to the City in the proper limits
2 That the City of Pasco has read and agrees to all of the mutual
benefits, covenants, and agreements of the Interlocal Agreement (copy
attached hereto) creating the Puget Sound Cities Insurance Authority
3 The Mayor is hereby authorized to execute the Appendix to
the original Interlocal Agreement creating the Puget Sound Cities Insurance
Authority
4 In accordance with the Interlocal Agreement creating the Puget
Sound Cities Insurance Authority, Councilman Ed Hendler is hereby appointed
as the City of Pasco delegate to the Board of Directors and City Attorney
Greg A Rubstello is appointed as alternate to the Board of Directors
PASSED by the City Council of the City of Pasco this 24th day
of February, 1986
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APPROVED AS TO FORM
INFERLOCAL AGREEMENT°
CREATING THE PUGET SOUND CITIES
INTERLOCAL INSURANCE AUTHORITY
I heieb:, certify that thib copy of the Interlocal Agreement
creating the Puget Sound Cities Interlocal Insurance Autholity
is full and Lomplete
Dat ,i V Authority Secietary
INTERLOCAL AGREEMENT
CREATING THE PUGET SOUND CITIES
INTERLOCAL INSURANCE AUTHORITY
THIS AGREEMENT is made and entered into in the State of
Washington by and among the municipal corporations organised and
existing under the Constitution or laws of the State of
Washington, hereinafter collectively referred to as "Member
Cities" or "Cities", and individually as "Member City" or "City"
which are parties signatory to this Agreement and listed on
Appendix A, which is attached hereto and made a part hereof
Said Cities are sometimes referred to herein as "parties"
RECITALS
WHEREAS, Ch. 48.62 PCU provides that two or more local
governmental entities may, by interlocal agreement, provide
insurance for any purpose by any one or more of certain specified
methods, and
WHEREAS, each of the parties to this Agreement desires to
join together with the ether parties for the purpose of pooling
their self-insured losses and jointly purchasing excess Insurance
and administrative services in connection with a joint Protection
program for said parties, and
WHEREAS,It appears economically feasible and practical for
the parties to this Agreement to do so,
NOW THEREFORE, for and in consideration of all of the
mut u al benefits, covenants and agreements contained herein, the
parties hereto agree as follows
ARTICLE I
Definitions
The following definitions shall apply to the Provisions of
the Agreement
(a) "Authority" shall mean the Puget Sound Cities
inter local Insurance Authority created by this Agreement
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(b) "Board of Directors" or "Board" shall mean the
governing body of the Authority.
(c) "Claims" shall mean demands made against the Authority
arising out 04 occurrences which are within the Authority's jOint
protect 'on program az developed by the Board of Directors.
(d) "Excess Insurance" all mean that insurance purchased
on behalf of the Authority to protect the funds of the Authority
against catastrophes or an unusual frequency of losses during a
single year
(e) "Executive Committee" shall mean the Executive
Committee of the Board of Directors of the Authority.
(4) "Fiscal Year" shall mean that period of twelve months
which is established as the fiscal year of the Authority.
(g) "Insurance" shall mean an include self—insurance
through a funded program and/or any commercial insurance
contract.
(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
APTICLE 2
Purposes
This agreement is entered into by Cities in order to provide
more comprehensive and economical liability coverage' to provide
for the economical or self insurance pooling of insurance
coverage for all form of insurance available Or iequired by law
for municipal corporations and for which State law authorizes the
formation of pooling organizations to provide such insurances to
reduce the amount and frequency of Cities' lossess 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 (the
AuthOrity)o to administer a joint protection program wherein
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
3
It is also the purpose of this Agreement to provide, to the
extent permitted by law, for the inclusion at a subsequent date
%so of such additional municipal corporations organized and exosting
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 permitted by law. that the "Authority" may, in the
discretion of its Directors, contract with non-member Cities or
otker municipal corporations in the State of Washington to
provide, at a reasonable charge, such non-member Cities Or
municipal corporations administrative and othe- services
including claims adjusting, data processing, risk management
consulting, loss prevention and training if they elect to
independently self-insure some or all of their liability risks
ARTICLE 3
Parties to Agreement
Each party to this Agreement certifies that it intends to
and does contract with all other parties who are signatories of
this Agreement and, in addition. with such other parties as may
later be added to and signatories of this Agreement pursuant to
to, Article 15 Each party to this Agreement also certifies that the
deletion of any party from this Agreement, pursuant to Articles
20 end 21. shall not affect this Agreement nor such party s e)
intent to contract as described above with the other parties to
the Agreement then remaining
ARTICLE 4
Term of Agreement
This Agreement shall become effective on January 1, 1981 ,
and shall contin,de for not iess than three years until and unless
terminated as hereinafter provided
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ARTICLE 5
Creation of Authority
Pursuant to Ch 48 62 RCW the debts, liabilities and
oblations of the Authority shall not constitute debts,
liabilities or obligations of any party to this Agreement
ARTICLE 6
Powers of Authority
(a) The Authority shall have the powers common to Cities
and is hereby authorized to do all acts necesSary for the
exercise of said common powers, including, but not limited to,
any or all of the following'
1) To make and enter into contracts;
2) To incur debts, liabilities or oblsgations,
3) To acquire, hold or dispose of Property.
contributions and donations of property, funds, services and
other forms of assistance from persons, firms, corporations and
governmenta' entities.
4) To sue and be sued in its own name, and
5) To exercise all powers necessary and proper to
carry out the terms and provisions of this Agreement, or
Otherwise authorized by law
(b) Said powers shall be exercised pursuant to the terms
hereof and in the manner provided by law
ARTICLE 7
Board of Directors
(a) The Authority ()hall 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, OP appointing official, on addition to
glad, appointing a member of the Board, shall appoint at least one
alternate who also shall be an officer or employee of that City
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The alternate appointed by a City shall have the authority to
attend , participate in and vote at any meeting of the Board when
the regular member for whom he or she Is an alternate is absent
from said meeting.
(b) Each member or alternate of the Board shall be
appointed for a one year term and until a successor is appointed
Each member or alternate shall serve at the pleasure of the City
by which he or she has been appointed as long as he or she is an
officer or employee of that City
(c) Each member of the Board shall have one vote
ARTICLE B
Powers of the Board of Directors
The Board of Directors of the Authority shall have the following
Powers and functions
P .
(a) The Board may elect from its members, pursuant to
Article 10 of this Agreement, an Executive Committee to which it
may give aothority to make and implement any decisions, including
%nose involving the administration of the Authority, except those
decisions that would require an amendment of this Agreement,
unbar Article 26 herein
(b) The Board may review all acts of the Executive
Committee, and shall have the power to modify and/or override any
oectsion or action of the Executive Committee upon a majority
vote of the entire Board of Directors
(c) The Board shall review. modify, if necessary() and
approve the annual operating budget of the Authority
(d) The Board shall receive and review periodic accounting
of all funds under Article 14 and 15 of this Agreement
(e) The Board shall have the power to conduct on behalf of
the Authority all business of the Authority which the Authority
may conduct under the provisions hereof and pursuant to law.
(4) The Board shall determine and select a joint Protection
program for the Authority
(g) Tke Board shall determine and select all necessary
insurance, including excess insurance, necessary to carry Out the
ace protection program of the Autkoroty
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(h) The Board sholi have the authority to contract for or
develop various services for the Authority, including, but not
limited to claims adjusting' loss control and risk management
consulting services.
(s) The Board shall appoint an Executive Director of the
Authority and shall receive and act upon reports of the Executive
Director
(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 City Any
Member City whose employee is 50 "borrowed" according to this
prOvISI On 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
(I) The Board shall have such other powers and functions as
Oft are provided dor In this Agreement, including, but not limited
to the power to authorize the contract; 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 9
Meetings of the Board of Directors
(a) Meetings The Board shall provide far its regular,
aojourned regwlar and special meetings, provided, however, that
it shall hold at least one regular meeting annually
(b) Minutes The Board of the Authority shall cause
minutes of regular, adjourned regular and special meetings to be
kept and shall, as soon as possible after each meeting, cause a
copy of the minutes to be forwarded to each member of the Board
and to each City
(c) Quorum A majority of the members of the Board shall
constitute a quorum for the transaction of business,. except that
less than a quorum may adjourn from time to time A vote of the
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majority of those members present at a meeting shall be
tar' sefficient to constitute action by the Board.
ARTICLE 10
Executive Committee
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 04 the members, after their
original election, shall be elected by the Beard 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 powers of the Board as outlined on Article 8 to the
Executive Committee and may establish and delegate any other
Powers and duties the Board deems appropriate
ARTICLE 11
Officers of the Authority
(a) President and Vice President. The Board shall elect a
President and Vice President of the Authority at its first
meeting' each to hold office for one year term and until
successor is elected. Thereafter in January of each succeeding
calendar year, the Board shall elect or re-elect the President
and Vice President for the ensuing year In the event the
President or Vice President so elected ceases to be a member of
the Board, the resulting vacancy in the office of President or
Vice President shall be filled at the next regular or special
meeting of the Board held after suck vacancy occurs. In the
absence or inability of the President to act, the Vice President
shall act as President The President, or in F,is or her absence,
the Vice President, shall preside at and conduct all meetings of
the Board and shall be a member and the Chairperson of the
Executive Committee
(b) Executive Director. The Executive Director shall have
the general administrative responsibility for the activities of
the joint protection program and shall appoint all necessare
44100 employees thereof.
(c) Treasurer. The Treasurer shail be appointed by the
Board and shall be a person other than the Executive Director.
The duties 04 the Treasurer are set forth in Article 14 and 15 of
thus Agreement
(d) Attorney The Board of Directors shall select an
attorney for the Authority. The attorney may be, but Is not
required to be, a City Attorney from a Member City In the event
the attorney is precluded from acting because of a conflict of
interest or legal impediment, or for other good reason, the Board
may employ independent counsel as the attorney for the Authority
The attorney shall serve at the pleasure of the Board of
Directors
ARTICLE 12
Insurance Coverage
(a) The insurance coverage provided for Member Citoes by
ter the Authority shall allow or require protection for comprehensive
liability, personal injury, errors and omissions° contractual
liability, and such other areas of coverage as the state shall
require or the Board shall determine
(b) The Authority shall maintain an insurance limit for
Member Cities determined by the Board of Directors to be
adequate The Board may arrange purchase of a srOuP Policy for
Member Cities interested in obtaining additional coverage above
this limit, at an additional cost to those participating Cities
(c) The Board may arrange for the purchase of any othee
insurance deemed necessary to protect the funds of the Authority
against catastrophes
ARTICLE 13
Development of the Joint Protection Program
(a) As soon as practicable after the effective date of thus
Agreement, but prior to the effective date of the joint
protection programs the Board of Dorectors shall adopt the
Authority's joint protection program, including the insurance
coverage provided for in Article 12, the amount of initial
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premiums, the precise cost allocation plan and formula, the pro
41.0 forma financial statement of the Authority, and the amount and
type of excess insurance to be Procured
(b) The joint Protection program provided by the Authority
shall extend to all city department operations except transiti
aviation and hospitals, unless otherwise excluded by the Board of
Directors
(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
(d) The cost allocation plan and formula adopted by the
Board shall provide for an adjustment in the Member Cities'
premiums at the end of the first year of operation, and annually
thereafter, in order to produce a premium for the following year
for each City that Is equal to the sum of the following three
items
1) That amount of losses borne individually by the
City, as determined by the Board, and
•• 2) The City's share of pooled losses and other
expenses, as determined by the Board, and
3) The City's contribution to a catastrophe fund and
reserves for incurred-but-not-reported losses, the amount of such
fund and reserves to be determined by the Board
(e) The Board may make such premium adjustments
retrospective to the prior year and each Member City shall pay
any additional premium required by such retrospective adjustment.
(f) The Board shall adopt criteria for' determining each
City's annual kare of pooled losses. expenses and contribution
to a catastrophe fund which may include the City's payroll as
compared to the total payroll of all Member Cities, the City's
individual loss experience, and such other criteria as the Board
may determine to be relevant.
(g) The annual readjustment of the amount of premium shall
be made and notices far readjusted premium amounts and the next
Year's premiums shall be distributed at least ninety (90) days
prior to the close of each fiscal year This premium amount,
together with any readjusted amount due under paragraph (c)
above, shall be due and payable on or before fifteen (15) days
after the beginning of the fiscal year
(h) Inasmuch as some Member Cities may experience an
unusual frequency of losses during a single fiscal year, which
could increase their final premium substantially above the
prepaid premium for that year and cause budgetary problems, the
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Board may provide for payment of a portion of such additional
premium to be made over a period of time, not to exceed three
years, plus reasonable interest.
ARTICLE 14
Accounts and Records
(a) Annual Budget. The Authority shall annually adopt an
Operating budgets pursuant to Article 8(c) of this Agreement
(b) Funds and Accounts. The Authority shall establish and
maintain such funds and accounts as may be required by good
accounting practice. Books and records of the Authority shall be
in the hands of the Treasurer and shall be open to any inspection
at all reasonable time by representative of Member Cities.
Cr) Executive Director's Report. The Executive Director,
w ithin one hundred and twenty (120) days after the close of each
fiscal years shall give a complete written report of all
financial activities for suck fiscal year to the Board and to ▪ each Member City.
tow
(d) Annual Audit. The Board may provide for s certifiedi
annual audit of the accounts and records of the Authority which
audit shall conform to generally accepted auditing standards.
When such an audit of the accounts and records is made by e
Certified Public Accountant, a report thereof shall be filed as a
Public record with each of the Member Cities Such report shall
be filed within six (6) months of the end of the year under
examination.
(e) Costs. Any costs of the audits including contracts
w iths or employment of, Certified Public Accountants, in making
an audit pursuant to this Article, shall be borne by the
Authority and shall be considered included within the term
"administrative costs."
ARTICLE 15
Responsibility for Monies
(a) The Treasurer of the Authority shall have the custody
• of and disburse the Authority's funds subject to Board approval
He or she shall have the authority to delegate the signator,
function to Such persons as are authorized by the Board
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(b) A bond in the amount met by the Board, but not less
than one million dollars ($10000,000) shall be required of all
officers and Personnel authorized to disburse funds of the
Authority, such bond to be paid for by the Authority.
(c) The Treasurer's duties shall include:
(1) Receive and receipt for all money of the Authority
and place it in the treasury to the credit of the Authority,
(2) Be responsible upon his or her official bond for
the safekeeping and disbursement of all of the Authority's money
so held by him or her;
(3) Pay, when due, out of money of the Authority so
held by him or hero all sums payable on outstanding debts of the
Authorityo
(4) Pay any other sums due from the Authority money
only upon request for Payment signed by the President of the
Board or the Executive Director The Board may designate an
alternate signature for each, and
(5) Verify the report in writing on the first day of
July, October, January and April of each year to the Authority
and to Member Cities the amount of money held for the Authority°
the amount of receipts since the last report, and the amount Paid
Out since the last report
ORO
ARTICLE 16
Responsibilities of the Authority
The Authority shall perform the following functions in
discharging its responsibilities under this Agreement:
(a) Provide insurance coverage as necessary o including but
not limited to a self-insurance fund and commercial Insurance, as
well as excess coverage and umbrella insurance, by negotiation or
bid, and purchase, as necessary
(b) Assist Cities in obtaining insurance coverages for
risks not tric luded within the basic coverage of the Authority.
(c) Assist each City's assigned risk manager with the
implementation of that function within the City.
(d) Provide loss prevention and safety and consulting
services to Cities MS required
(e) Provide claims adjusting and subrogation services for
ic, claims covered by the Authority's joint protection program
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(4) Provide loss analysis by the use of statistical
analysis° data processing, and record and file-keeping services,
in order to identify high exposure operations and to evaluate
Proper levels of se14-retentiOn end deductibles
(g) Provide for Cities, as needed, o review of their
contracts to determine sufficiency of indemnity and insurance
provisions.
(h) Conduct risk management audits to review the
Participation of each City in the program. The audit shall be
Performed by the Executive Director Cr, at the discretion of the
Board, an independent auditor may be retained by contract to
conduct the audits
(1) The Authority shall have such Other reapOnsibilitieS as
deemed necessary by the Board of Directors in order to carry out
the PurPOSeS of this Agreement
ARTICLE 17
Responsibilities of Member Cities
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Member Cities shall have the following responsibilities
(a) The City Council, Commission, or appointing official of
each Cite shall appoint a representative and et least one
alternate representative to the Beard of Directors, pursuant to
A r t ic le 7 of this Agreement
(b) Each City shall appoint an employee of the City to be
responsible for the risk Panagement function within that City'
and to serve as a liaison between the City end the Authority as
to risk management
(c) Each City shall maintain an active safety officer
a n d/o r committee, and shall consider all recommendations of the
Authority concerning the development and implementation of a loss
control POlicy to prevent unsafe practices
(d) Each City shall maintain its own set of records, as a
loss log, on all categories of loss to insure accuracy of the
Authority's loss reporting System.
(e) Each City shall pay its premium and any readjusted
amount promptly to the Authority when due After withdrawal or
termination, each City shall pay promptly to the Authority its
0., share 04 any additional premium and accrued interest at a rate
13
determined by the Board when and of required of it by the Board
under Article 27 or 23 of this Agreement
(f) Each City shall provide the Authority with such other
information or assistance as may be necessary for the Authority
to carry out the joint protectoon program under this Agreement.
(s) Each City shall in any and all ways cooperate with and
assist the Authority, and any insurer of the Authority, in all
matters relating to this Agreement and covered losses' and will
comply with all by-laws. rules and regulations adopted by the
Board of Directors
ARTICLE 18
Interim Period and Effective Date of Program
(a) Interim Period Once this Agreement has been initially
signed. the estimated deposit charge for each City shall be
developed and presented to each City by written notice Each
City shall have thirty (30) days from the receipt of such notice
to withdraw from the Agreement.
After the end of this thirty (30) day period. arid prior tO
0ecember 10 1980, each City's actual deposit charge shall be
determined Each City which signed the Agreement shall be bound
thereby unless the actual deposit charge for the first year
exceeds the estimated deposit charge in the written notice 10
the actual deposit charge exceeds the estimated deposit charge, a
Member City may nevertheless's elect to proceed with it
Participation in the Joint Protection program by informing the
Authority' in writings of its decision to that effect.
(b) Effective Date After each City's actual deposit
charge 4or the first year has been determined, written notice to
tk%lit effect shall immediately be given to all cities. The joint
protection program shall become effective thirty (30) days from
the date of such notice
(c) Joint Protection Program. After this Agreement becomes
effective the Authority shall develop the details of the Joint
Protection Program more fully described in Article 12 and 13 of
this Agreement
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ARTICLE 19
New Members
After the effective date of the joint protection program is
established by the Authority, according to the provisions of
Article 18, additional cities shall not be permitted to become
signatories to this Agreement, or to enter the Joint protection
Program, during the first year 04 operation. Following the first
year of operation, the Authority shall allow entry in the program
Of new members approved by the Board at such time during the year
as the Board deems appropriate. Cities entering under this
Article will be required to pay their share of organizational
expenses as determined by the Board, including those necessary to
analyze their loss data and determine their premiums
ARTICLE 20
Withdrawal
(a) A Member City may withdraw as a party to this Agreement
Pursuant to requirements of Article 18
lb) A Member City which signs the Agreement and enters the
joint protection program pursuant to Article 18 may not withdraw
as a party to this Agreement and as a member of the Authority for
a three -year period commencing on the effective date of the Joint
Protection program, as determined by Article 18
(c) After the initial three -year noncancellable commitment
to the program, a Member City may withdraw only at tk end of any
fiscal year, provided it has given the Authority a twelve -month
written notice of its intent to withdraw from this Agreement and
the joint protection program
ARTICLE 21
Cancellation
The Authority shall have the right to cancel any Member City's
caw, Participation in the joint protection program upon a three-
quarters vote of the entire Board of Directors Any City so
cancelled shall be given one hundred and eight (180) days notice
ere
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prior to the effective data of the cancellation. Any city $o
terminated shall have a period of six months coverage of the
program. if they so desire.
ARTICLE 22
Effect of Withdrawal
(a) The withdrawal of any City from this Agreement shall
not terminate the same and no City by withdrawing shall be
entitled to payment or return of any premium, consideration of
property paid, Or donated by the City to the Authority, or to any
distribution of assets.
(b) The withdrawal of any City after the effective date of
the joint protection program shall not terminate its
responsibility to contribute Its share of premium or funds to any
fund or insurance program created by the Authority until all
claims, or other unpaid liabilities, covering the period the City
was signatory hereto have been finally resolved and a
determination of the final amount of payments due by the City or
eft credits to the City for the period of its membership has been
tow made by the Board of Directors In connection with this
determination, the Board may exercise similar powers to those
provided for in article 23(c) of this Agreement.
ARTICLE 23
Termination and Distribution
(a) This Agreement may be terminated any time during the
first three noncancellable years by the written consent of all
Member Cities, and thereafter by the written consent of three-
fourthS of the Member Cities, provided, however, that this
Agreement and the Authority shall continue to exist for the
Purpose of disposing of all claims, distribution of assets and
all other functions necessary to wind up the affairs of the
Authority.
(b) Upon termination of this Agreement, all assets of the
Autkority shall be distributed only among the parties that have
been Members of the Joint protection program, including any Of
those Parties which previously withdrew pursuant to Article 20(d)
litscr or 21 of this Agreement, in accordance with and proportionate to
their cash (including premium) payments and property (at market
value when received) contributions made during the term of this
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kisoi,
ARTICLE 26
Amendment
This agreement may be amended at any come by the written approval
of all City Councils or Commissions of Cities signatory to its or
by an amendment adopted in the manner provided for in the taW"
Laws.
ARTICLE 27
Prohibition Against Assignment
No City may assign any rights claim or interest it may have under
this Agreements and no creditor, assignee or third party
beneficiary of any City shall have any rights claim or title to
any part, shares interests fund, premium or asset of the
Authority.
ARTICLE 28
Agreement Complete
The foregoing constitutes the full and complete Agreement to the
Parties. There are no oral understandings or agreements not set
forth in writing herein
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement by Authorised officials thereof on the date indicated
in Appendix A
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Agreement. The Board shall determine suck distribution within
kepi. six months after the last pending claim or loss covered by this
Agreement has been finally disposed of.
(c) The Board is vested with all powers of the Authorite
for the purpose of winding up and dissolving the business affairs
of the Authority These powers shall include the power to
require Member Cities, including those which were Member Cities
at the time the claim arose or at the time the loss was incurred,
to pay their share of any additional amount of premium deemed
necessary by the Board for final disposition of all claims and
losses covered by this Agreement A City's share of suck
additional premium shall be determined on the same basis as that
provided for annual premiums in Article 13(d) and (e) of this
Agreement, and shall be treated as if it were the next year's
annual premium for that City, subject to the limits described in
Article 13(h) of this Agreement.
ARTICLE 24
Provisions for By-Laws and Manual
frTf
As soon as practicable after the first meeting of the Board of
Directors, and within the first twelve months of the Authority's
existence, the Board shall cause to be developed Authority by -
laws and a policy and procedure manual to govern the clay-40-daY
operations of the Authority Each Member City shall receive a
Copy Of any by-laws, policy statement or manual dev loped under
this Article
ARTICLE 25
NOticos
Notices to Member Cities hereunder shall be sufficient if mailed
to the office of the City Clerk of the respective Member City