HomeMy WebLinkAboutTC Res 2018-01-17 (2) RESOLUTION NO. 02-2018
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APPROVING AND AUTHORIZING THE EXECUTION OF THE POOLED LIABILITY
ASSURANCE NETWORK (PLAN) JOINT EXERCISE OF POWERS AGREEMENT
WHEREAS, the Town of Tiburon is a member of PLAN corporation, a California non-
profit corporation ("PLAN Corporation") comprised of twenty-eight member agencies pooling
their property and liability risk in conjunction with the Association of Bay Area Governments
("ABAG") Joint Exercise of Powers Authority ("JPA"), established pursuant to California
Government Code Section 6500 et seq.; and
WHEREAS, in 1986 ABAG and PLAN Corporation entered into an Agency Agreement
which irrevocably assigned the risk management duties and obligations of ABAG to PLAN
Corporation; and
WHEREAS, the Member Agencies of PLAN Corporation have entered into a Risk
Management Coverage Agreement with each other and ABAG to provide for pooled liability
services through PLAN Corporation; and
WHEREAS, a JPA is required to act as fiscal agent and manage the transfer and
assignment of all the current assets and liabilities from PLAN Corporation to the new PLAN
- JPA: and
WHEREAS, the Members of Plan Corporation seek to separate from the current model of
service involving the necessity of the Agency Agreement and use of the ABAG JPA to the new
risk management focused PLAN JPA that would provide pooled risk coverage for its member
agencies, with preference for the existing members of PLAN, under a new risk coverage
agreement within the PLAN JPA; and
WHEREAS, as part of the transition the Bickmore Contract with PLAN Corporation will
be assigned to the PLAN JPA, so that these services can continue in a seamless manner,
NOW, THEREFORE, BE IT RESOLVED that the Town Council authorizes the Town
Manager to execute the Pooled Liability Assurance Network (PLAN) Joint Exercise of Powers
Agreement, pursuant to California Government Code Section 6500 et seq., including the powers
delegated therein, conditioned on the transfer of the assets of PLAN to the PLAN JPA, in
substantially the form attached to this Resolution.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Town's PLAN
Corporation representative is authorized to approve of the assignment of assets from PLAN
Corporation to the JPA, and to approve the assignment of risk management services from PLAN
Corporation to PLAN JPA.
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Tiburon Town Council Resolu[ion No. 02-2018 01/1712018
- PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on January 17, 20181 by the following vote:
AYES: COUNCILMEMBERS: Fraser, Fredericks, Kulik, Thier
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: One V/c nt Seat
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G',
JIM F E' , MAYOR
ATTEST:
LEA STEFANI�TO—WN CLERK
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Tiburon Torun Council Resohnion No. 02-2018 01/17/2018