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CC - 2009-48 - Delegate Tort Liability Claims Handling to CJPIARESOLUTION: 2009-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ESTABLISHING A POLICY WHICH DELEGATES TORT LIABILITY CLAIMS HANDLING RESPONSIBILITIES TO THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY AS AUTHORIZED BY GOVERNMENT CODE SECTIONS 910, ET SEQ. Whereas, the City of Rosemead is a member of the California Joint Powers Insurance Authority (California JPIA), and pursuant to Government Code sections 990.4, et seq. and 6500 et seq. pools its self-insured liability claims and losses with other California JPIA members under a Memorandum of Coverage; and Whereas, the Joint Powers Agreement creating the California JPIA authorizes it to exercise powers common to members and appropriate to defend and indemnify members from liability claims under the Memorandum of Coverage, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY RESOLVES AS FOLLOWS: SECTION 1. The City of Rosemead delegates to California JPIA authority to act on its behalf pursuant to Government Code sections 910, et seq. to accept, reject, return as insufficient, or return as untimely any claims against it, and to provide any notices authorized under those statutes on behalf of the City of Rosemead. SECTION 2. This Resolution shall become effective immediately upon its adoption. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 8th day of September, 2009. Margaret Clark Mayor ATTEST: Gloria Molleda City Clerk APPROVE AS TO FORM: Josep M. ntes City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD ) I, Gloria Molleda, City Clerk of the City of Rosemead, do hereby certify that the foregoing Resolution No. 2009-48 being: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ESTABLISHING A POLICY WHICH DELEGATES TORT LIABILITY CLAIMS HANDLING RESPONSIBILITIES TO THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY AS AUTHORIZED BY GOVERNMENT CODE SECTIONS 910, ET SEQ. was duly and regularly approved and adopted by the Rosemead City Council on the 8th of September, 2009, by the following vote to wit: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None Gloria Molleda City Clerk ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY OUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: SEPTEMBER 8, 2009 SUBJECT: DELEGATE TORT LIABILITY CLAIMS HANDLING RESPONSIBILITIES TO THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY SUMMARY In March of this year the California JPIA conducted a Risk Management Evaluation of the City's policies, procedures and facilities. This evaluation is designed to identify areas in which the City can improve to minimize risk and reduce the amount of potential liability. The California JPIA presented the final report to staff on August 4, 2009, and will be working with staff over the next several months to implement the variety of items identified in the report. Many of these items are administrative in nature and require forms to be updated or policies to be amended. Some of these policies will require formal action by the City Council and staff will present these in the upcoming months. One item identified in the report is the determination that the City has never formally adopted a Resolution delegating authority to the California JPIA to handle Tort Liability Claims. This resolution (Attached) is required by law and provides the California JPIA to legally act on the City's behalf. Staff Recommendation That the City Council adopt Resolution 2009-48 delegating the Tort Liability Clams handling responsibilities to the California JPIA. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Submitted by, Matthew E. 'HHaa/wwkesswwortthh Assistant City Manager Attachment: Resolution 2009-48 ITEM NO. 0F APPROVED FOR CITY COUNCIL AGENDA: