Ordinance 1999-23 STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
ORDINANCE NO. 1999 - o2-3
AN ORDINANCE APPROVING MEMBERSHIP IN THE
ILLINOIS MUNICIPAL LEAGUE RISK MANAGEMENT ASSOCIATION
AND AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL COOPERATION CONTRACT
WHEREAS, the City Council of THE UNITED CITY OF YORKVILLE has received the
Plan of the ILLINOIS MUNICIPAL LEAGUE RISK MANAGEMENT ASSOCIATION
including by-laws, the Intergovernmental Cooperation Contract, and the anticipated cost of
participation in the Plan; and,
WHEREAS, the City Council of the UNITED CITY OF YORKVILLE finds it to be in
the public interest of the UNITED CITY OF YORKVILLE to participate in the Plan.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the UNITED CITY OF
YORKVILLE as follows:
1. That the City Council does hereby authorize and approve membership in the Illinois
Municipal League Risk Management Association and directs the mayor and clerk for the
UNITED CITY OF YORKVILLE to execute an Intergovernmental Cooperation Contract with
the ILLINOIS MUNICIPAL LEAGUE RISK MANAGEMENT ASSOCIATION for
membership for a period of one (1) year beginning the date the Association commences
providing risk coverage to its members and each year thereafter unless this ordinance is repealed.
2. Each Member hereby agrees to contribute to the Association a sum of money to be
determined by the Association at the time of application based on the need of the Association and
the loss experience of the Member, which sum shall constitute the cost of the Member's first year
contribution for membership in the Association. Membership contributions for second and
subsequent years shall be calculated in accordance with the loss experience of the UNITED
CITY OF YORKVILLE, and the needs of the Association including total losses and
expenditures of the self-insured Retention Fund of the Association.
3. That this Ordinance shall be effective immediately upon its passage and approval.
PASSED AND APPROVED this day of / , 1999.
Mayor
r
ATTEST:
ity Clerk
SEAL
ILLINOIS MUNICIPAL LEAGUE
RISK MANAGEMENT J
Association
INTERGOVERNMENTAL
COOPERATION
CONTRACT
ILLINOIS MUNICIPAL LEAGUE
RISK MANAGEMENT ASSOCIATION
P.O. Box 5180
Springfield, Illinois 62705
AUTHORITY TO EXECUTE CONTRACT
This Contract is entered into pursuant to the provisions of the 1970 Illinois Constitution
Article VII, Section 10, entitled "Intergovernmental Cooperation" and the powers contained in
Chapter 127, Paragraph 741 et seq., Illinois Revised Statutes 1977, entitled "The
Intergovernmental Cooperation Act."
WITNESSETH:
WHEREAS, the public interest requires and it is to the mutual interest of the parties
hereto to join together to establish and operate a cooperative program of risk management and
loss coverage for municipal operations; and
WHEREAS, the operation of such a cooperative program is of such magnitude that it is
necessary for the parties to this Contract to join together to accomplish the purposes hereinafter
set forth; and
WHEREAS, each of the public entities which is a party to this Contract has the power
to establish and operate a program of risk management; and
WHEREAS, each of the parties to the Contract desires to join together with the other
parties for the purpose of creating self-insured reserves against losses and jointly purchasing
excess insurance, reinsurance and administrative services in connection with a cooperative
program of risk management.
NOW, THEREFORE, for and in consideration of the mutual advantages to be derived
therefrom and in consideration of the execution of this Contract by the participating
municipalities which are parties hereto, each of the parties hereto does agree as follows:
ARTICLE 1. DEFINMONS
The following definitions shall apply to the provisions of this Contract and its
By-Laws:
(a) "Association" shall mean the Illinois Municipal League Risk Management
Association created by this Contract.
(b) "Board" shall mean the governing body of the Association and shall be
comprised of the Members of the Board of Directors of the Illinois Municipal League.
(c) "Claims management" shall mean the process of identifying, controlling and
resolving demands by individuals or public entities to recover losses from any Member of the
Association. Disposing of such demands for payment requires skills in insurance law,
adjusting/investigation, loss control engineering and general business. Claims management is
the function of supervising legal, adjusting, investigation and engineering services to resolve
such demands.
(d) "Municipality" means any participating city, village or incorporated town
situated in the State of Illinois which is a member of the Illinois Municipal League and is a
party to this Contract.
(e) "Operations Committee" or "Committee" shall mean the management committee
of the Association and shall be comprised of those persons described in the Association
By-Laws.
(f) "Risk" as used in the Contract and By-Laws means any loss covered by the
provisions of the policy terms which accompany this Contract.
(g) "Risk Management" shall mean the process of identifying, evaluating, reducing,
transferring, and eliminating risks. Risk Management includes various methods of funding
claims payments, and includes elements of insurance, law, administration, technology and
general business utilized to effectively manage risks.
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(h) "Risk Management Service" shall mean the management, administration and
entire operation of the Cooperative programs of Risk Management of the Association and
development of the Master Risk Management Plan.
(i) "Managing Director" means the individual who supervises the day-to-day
operation of the Association and shall be the same person who is the Executive Director of the
Illinois Municipal League.
ARTICLE 2. ASSOCIATION NAME
There is hereby created an entity, the full legal name of which shall be the "Illinois
Municipal League Risk Management Association," and which may be referred to herein as the
"Association." The principal office of the Association shall be the same as the principal office
of the Illinois Municipal League which is on the date of the adoption of this Contract located at
1220 South Seventh Street, Springfield, Illinois.
ARTICLE 3. ASSOCIATION POWERS
(a) The Association shall have the power and the duty to establish and operate a
program of Risk Management.
(b) The Association is authorized to make and enter into contracts necessary to
accomplish the purposes of this Contract. The foregoing powers include, but are not limited
to, the power to contract for excess or catastrophe insurance and stop-gap insurance, provide
claims administration services and provide consulting services, make inspections of participant
facilities and administer a safety program.
(c) By this Contract the parties hereto through the Association agree to provide and
pay the cost of all of the Risk Management Services described herein, to jointly obtain and pay
the costs of premiums for excess, catastrophe, stop-gap or similar types of insurance contracts
as may be found by the Committee to be necessary from time to time, and to make
contributions to the Association as required by this Contract.
ARTICLE 4. ADMINISTRATION
The Association shall be governed by its Board of Directors and the directions of the
Board shall be carried out by the Operations Committee, all as more fully described in the
By-Laws of the Association. The Chairman of the Board and of the Operations Committee
shall be the President of the Illinois Municipal League.
ARTICLE 5. MEMBERS, TERMS, WITHDRAWAL, EXPULSION
(a) Each municipality which is a member of the Illinois Municipal League is
eligible to join the Association.
(b) Each municipality which is a party to this Contract is a "Member" of the
Association and is entitled to the rights and privileges and is subject to the obligations of
Members, all as provided for in this Contract and the By-Laws.
(c) New Members shall be accepted upon application to the Association and
acceptance by the prospective Member of the financial requirements and fund contribution
requirements then in force and effect.
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RMA - I0/9/80
(d) A municipality which is a party to this Contract hereby agrees to remain a
Member of the Association for not less than one (1) year : A Member may withdraw its
membership for any year thereafter upon the giving of not less than sixty (60) days written
notice to the Managing Director. No membership may terminate prior to the last day of
December of any given year.
(e)A party to this Contract may be excluded from membership when it:
(1) Fails to comply with the terms of the Contract or;
(2) Fails to comply with a written term or condition imposed by a majority
vote of the Operations Committee including the operations safety
standards established by the Committee.
(f) The Board may, by a majority vote, terminate and exclude the offending
Member from any and all benefits of membership in the Association which shall include
forfeiture of any and all monies theretofore paid by that Member or assessed against that
Member.
(g) If a municipality withdraws or is expelled as a Member of the Association, any
contributions of that Member remaining in the funds of the Association at that time shall be the
property of the Association. If this Contract is finally terminated as to all parties which are
then Members, any money or assets in possession of the Association after the payment of all
liabilities, costs, expenses and charges incurred pursuant to this Contract shall be returned to
those parties in proportion to their contributions thereto determined as of the date of
termination.
ARTICLE 6. PLAN OF COVERAGE AND COST
Each Member hereby agrees to contribute to the Association a sum of money to be
determined by the Association at the time of application based on the needs of the Association
and the loss experience of the member, which sum shall constitute the cost of the Member's
first-year contribution for membership in the Association. Membership contributions for
second and subsequent years shall be calculated in accordance with the loss experience of the
City, and the needs of the Association including total losses and expenditures of the
Self-Insured Retention Fund of the Association.
The Committee shall determine if any Member has a risk or risks which the Committee
determines to be unusual or extraordinary. If it is determined that such a risk or risks exists
and that the coverage of such risk will be unusual or extraordinary, the Committee may at the
option of the Member either increase the annual contribution of that Member or exclude the
particular risk from coverage.
Each Member will be covered in its operations against risk of loss as described in this
Contract and the coverage terms which accompany the Contract. Coverage will consist of a
self-insured retention (S.I.R.), established by the Association from Member contributions,
which will pay the amounts and be subject to the deductibles as set forth in the coverage terms
and excess insurance coverage (to pay losses that exceed the S.I.R. limits set forth in the
coverage terms) with limits as established by the Operations Committee.
Each year the Committee shall determine the payments to be made by the members for
the following year.
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ARTICLE 7. LIMITATIONS ON LIABILITY COVERAGE
It is the intention of all participants in the Association that neither this Contract or any
insurance purchased by the Association shall extend to or provide coverage for any liability
from which any member is immune under the provisions of the Illinois Local Government and
Governmental Employees Tort Immunity Act, as it is now constituted or may hereafter be
amended.
ARTICLE 8. MANAGEMENT SERVICES
The Association will utilize the services, facilities and personnel of the Illinois
Municipal League for Association purposes so long as it is.practical and desirable in the
opinion of the Board. It will reimburse the League for the actual cost of any such services,
use of facilities or use of personnel.
In addition to paying the cost of services, facilities and personnel utilized from the
League offices the Association will pay to the League an annual management fee as approved
by the Committee.
ARTICLE 9. PROHIBITION AGAINST ASSIGNNIENT
No Member may assign any right, claim or interest it may have under this Contract,
and no creditor, assignee or third party beneficiary of any member shall have any right, claim
or title to any part, share, interest, funds, premium or asset of the Association.
ARTICLE 10. ENFORCENIENT
The Association and the parties hereto shall have the power to enforce this Contract by
action brought in any court of law having proper jurisdiction. It is agreed that such a suit may
be filed only in Sangamon County, Illinois.
ARTICLE 11. INVALIDITY
Should any portion, term, condition or provision of this Contract be determined by a
court of competent jurisdiction to be invalid under any law of the State of Illinois or be
otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms,
conditions and provisions shall not be affected thereby.
ARTICLE 12. BY-LAWS INCORPORATED BY REFERENCE
The Association and its Members shall be subject to and governed by the By-Laws
which are by this reference, made a part of this Contract.
ARTICLE 13. CONTRACT COMPLETE
The foregoing constitutes the full and complete Contract of the member municipalities.
There are no oral understandings or agreements not set forth in writing herein. The Contract
is binding on each Member of the Association.
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ARTICLE 14. DATE CONTRACT EFFECTIVE
This Contract shall become effective upon the occurrence of the following events: (1)
each Member executing a copy of the Contract; (2) each Member depositing with the
Association the contributions required by this Contract; and (3) determination being made by
the Committee that a sufficient number of Members have subscribed and contributions been
made to fund the cost of providing the services and benefits required under the Contract. Each
Member which has agreed in writing to be come a party of this Contract shall be bound to
continue as a Member for the minimum period set forth in this Contract and thereafter may
withdraw only as provided by this Contract and the By-Laws adopted by the Association.
Each municipality which is a Member of this Association agrees upon the execution of
the Contract to appropriate each year, by ordinance, a sum of money sufficient to pay all
charges and assessments set forth in Article 6 plus its pro rata share of any deficits which may
occur in the Self-Insured Retention Fund.
ARTICLE 15. TERM OF AGREEMENT
This Contract shall continue in effect until it is rescinded by mutual consent of the
parties hereto terminated in the manner provided herein or in the By-Laws.
ARTICLE 16. TERMINATION
This Contract may be terminated at any time on or after one (1) year from its effective
date by a vote of two-thirds of the members of the Board of Directors. Remaining assets after
the payments of all claims, and expenses and establishment of necessary reserves shall be
distributed pro rata among the Members.
ARTICLE 17. AMENDMENT
This Contract may be amended upon the affirmative vote of two-thirds of the members
of the Board. A copy of any amendment so approved shall be mailed to each member of the
Association.
IN WITNESS WHEREOF, the parties hereto have entered into this Contract by the
execution of a signature page which will be attached to the official master copy of this
Contract and by the execution of a duplicate copy of the Contract which duplicate copy will be
retained by the Member. The master copy shall be retained in the offices of the Association.
Executed by the of �_ pursuant to
Ordinance No.q� Adopf6d and approved the y
MAYOR or PRESIDENT
Attest:
CLERK
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PRIOR ACTS COVERAGE
FOR
PUBLIC OFFICIALS & EMPLOYEES LIABILITY
The City of Yorkville is requesting Prior Acts protection for possible errors or omissions that are
not yet known for the following period or periods covered on a "Claims Made" basis:
Initial date of purchase of Claims Made Coverage: 05/01/99
Name of Company: Illinois Counties Risk Management Trust Limits: 1,000,000
Subsequent Claims Made Public Officials Policies:
Company: Illinois Counties Risk Management Trust Effective Date 05/01-12/1, 1999
Limit $1,000,000
Date that we would like the Prior Acts coverage to become effective is: 12/01/99
Note: There are no known incidents during this period of"Claims Made" coverage that could
result in a claim and have not been timely filed with the previous company.
Signed
Arthur F. Prochaska, Jr.
Title MnVnr, City of Yorkville
(President)
Date November 23, 1999