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HomeMy WebLinkAboutRes 09-87 02/17/1987 CAF RESOLUTION NO. 9-87 A RESOLUTION AGREEING TO AMENDMENTS IN THE CONTRACT AND BY-LAWS OF THE HIGH~LEVEL EXCESS LIABILITY POOL (HELP) AND EXTENDING THE DATE DURING WHICH THE VILLAGE OF MOUNT PROSPECT AGREES TO BECOME A MEMBER OF THAT POOL WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect adopted Resolution No. 41-86, authorizing membership in the intergovernmental self-insurance pool known High-Level Excess Liability Pool (HELP), and authorizing execution of the HELP Contract and By-Law; and WHEREAS, the Contract and By-Laws authorized in Resolution No. 41-86 requires that the organization corne into existence by January 1, 1987; and WHEREAS, that Resolution No. 41~86 permitted the Village of Mount Prospect to withdraw its membership in the HELP Pool if the Pool did not come into existence by January 1, 1987, and the requisite first year's annual payments were not achieved prior to the fixed commencement date of the Pool; and WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect and many other municipalities are still desirous of causing the commencement of a High-Level Excess Liability Pool and wish to extend their commitment to become Members of the Pool; and WHEREAS, only minimal changes in the Contract and By-Laws of the Pool are necessary to reconfirm the desire of Member municipalities to become Members of the Pool; and WHEREAS, the Mayor and Board of Trustees Prospect find that it is advantageous to our commitment to become a Member of the other prospective Pool members to commit in this entity. of the Village of Mount the Village to extend Pool and to encourage themselves to membership NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Mayor and Village Clerk of the Village of Mount Prospect are hereby authorized to execute on behalf of the Village of Mount Prospect a Contract and By-Laws of the High-Level Excess Liability Pool (hereinafter referred to as "Agency!!) identical to that document authorized in Resolution No. 41-86, with the exception of those changes noted in those pages of the Contract which are appended to and made a part of hereof, as Appendix Ae In addition, the Village of Mount Page 2 of .!. HELP Amendment Prospect agrees to the addition of Wilmette as a prospective Member of the Pool. SECTION TWO: That the powers of the Agency, unless the Contract and By-Laws be amended, shall be limited to those contained within Appendix 1. SECTION THREE: The commencement of the operations of the Agency and the obligation of the Village of Mount Prospect to fully participate in such operations shall be effectuated in accordance with the Contract and By-Laws. SECTION FOUR: Except to the extent of the limited financial contributions to the Agency set forth in the Contract and By-Laws, the Village of Mount Prospect by its entry as a Member of the Agency shall not be held responsible in any way for the claims in tort made against any other Member of the Agency; and the financial obligations are limited to the payment of claims above the self-insured retention with claims and costs below this amount individually assumed by each Member. SECTION FIVE: This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Arthur~ Farley. Floros, Van Geem NAYS: Via ttenberg ABSENT: Murauski s PASSED and APPROVED this 17th day of February , 1987. /'1/7 V C,;;Y( vf;¿"Yi- ß /--1 ¿:{.e~Z carolyrV H. -Krause Mayor' ATTEST: ~~cY L&.b Carol A. Fields Village Clerk ," 111'PLt~DIX "A" 85~ Section 9-103 of the Illinois Revised Statutes. Nor do by the purchase of conventional insurance by the AGENCY. the MEMBERS, if permitted by law, intend to waive any immunities pre-fund the joint risk management pool, through the possible In order to give the MEMBERS the ability to partially sale of debt instruments, it is necessary to establish an extended term for the AGENCY. The obligation of the MEMBERS to repay their proportional share of the retirement of debt instruments shall, however, continue for whatever repayment schedule,is contained within the debt instruments. In addition, by entering into a contract which will provide some coverage on an occurrence basis, even if the claim is filed at some time after eleven years from the date of the commencement of this contract, the MEMBERS state and acknowledge their continuing contractual obligations arising out of occurrences which take place during the term of this contract. In creating an excess self-insurance pool, the MEMBERS of this AGENCY are entering into a type of intergovernmental contract which has not previously existed in Illinois. In forming such an AGENCY, the MEMBERS state and acknowledge that the AGENCY has no responsibility for the payment of claims for amounts less than the level at which the scope of coverage of this AGENCY shall from time to time cou~enceo The scope of coverage to be provided by the AGENCY is excess coverage to commence only after the MEMBER or some other party on behalf of the MEMBER has fully paid the amount of its self-insured -5- ~... ""'C""~"'.'.'.wm.w.<.'.w.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.Wom.~.'.~.'m.".~.~.~.,"...~"........m." II . E. I, . f' . .; ': b 0/S7 ARTICLE IV. Commencement of the Agency. The AGENCY will commence its term at the first of the month of any month prior to and including May 1, 1987, if by the 15th day of the prior month the corporate authorities of at least 10 municipalities listed on Appendix A, whose first year1s initial payments total at least $650,000.00, shall have passed the sample ordinance or resolution agreeing to be bound by the terms of this Contract and By-Laws. If the requisite number of municipalities and initial payments are achieved by the 15th of the month, other municipalities listed upon Appendix A can still join the pool by passing the ordinance or resolution before the end of that month. The municipalities shall then promptly submit a certified copy of the resolution or ordinance approving the Contract and By-Laws of the AGENCY to the Steering Committee, enclosing, if they have not already done so, a check in the amount of 50% of the first year's initial payment to the AGENCY as is shown on Appendix A. The other 50% shall be due within 30 days after the AGENCY commences its term. If the required acts necessary to bring about the commence- ment of the AGENCY have not occurred by May I, 1987, the obliga- tion of those governmental bodies which have passed the resolu- tion or ordinance to become a MEMBER of the AGENCY shall cease and all funds sent to the Steering Committee will be returned with any interest earned. -12- H.E.L.P. 1 u/ . J/86 1/20/87 WHEREUPON under the authority granted to me by Resolution No. 41-86, passed by the Mayor and Board of Trustees of the Village of Mount Prospect on December 2, 1986, I do hereby execute and the Clerk does hereby attest to my signature as evidence that the Mayor and Board of Trustees of the Village of Mount Prospect has approved participation in the HIGH-LEVEL EXCESS LIABILITY POOL (HELP), in accordance with this Contract and By-Laws in its executed form and as it may subsequently be validly amended. Carolyn H. Krause Mayor ATTEST: Carol A. Fields Village Clerk This day of , 19 -58-