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Resolution No. 94031 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 PAN 21 22 23 24 25 26 27 RESOLUTION NO. 9403 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AGREEMENT FOR LIABILITY CLAIMS ADMINISTRATION SERVICES BY AND BETWEEN THE CITY OF VERNON AND ADMINSURE, INC. (FORMERLY COLEN & LEE) AND AMENDING RESOLUTION NO. 5330 REGARDING LIABILITY INSURANCE TRUST ACCOUNT FOR THE ADMINISTRATION OF THE CITY OF VERNON GENERAL AND AUTOMOBILE LIABILITY SELF-INSURANCE PROGRAM WHEREAS, the City of Vernon is self -insured in its general land automobile liability program; and WHEREAS, on September 16, 1986, the City Council of the City of Vernon adopted Resolution No. 5320 approving an Agreement for Liability Claims Administration Services with Colen & Lee, Inc. ("Colen"), the City's administrator for the general and automobile liability self-insurance program; and WHEREAS, on October 7, 1986, the City Council of the City of (Vernon adopted Resolution No. 5330 authorizing Colen to establish a (City of Vernon Liability Trust Account (the "Account") with First Interstate Bank and authorizing the execution of checks or other instruments necessary for the administration of the City of Vernon general and automobile liability self-insurance program; and WHEREAS, since the inception of the Account, First Interstate Bank merged with Wells Fargo Bank, and thereafter the City moved the Account to Bank of America; and WHEREAS, the City Council of the City of Vernon desires to ratify the actions taken in establishing the Account at Bank of America; and 2811 WHEREAS, effective September 1, 2007, Colen will begin doing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 business under the name AdminSure, Inc., ("AdminSure") and has filed a fictitious name statement for Colen so that it can legally continue to do business under that name for a transition period; and WHEREAS, the City Council of the City of Vernon desires (a) to ratify the actions taken in establishing the Account at Bank of America; (b) to approve an Amendment to Agreement for Liability Claims Administration Services evidencing the change of name from Colen to AdminSure; and (c) to amend Resolution No. 5330 to authorize modifications to the Account. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true land correct. SECTION 2: The City Council of the City of Vernon hereby ratifies the actions taken in the establishment of the Account at Bank of America including, but not limited, to the execution of any account agreement, facsimile signature authorization form or deposit account documentation signature card. SECTION 3: The City Council of the City of Vernon hereby approves the Amendment to Agreement for Liability Claims Administration Services with AdminSure, in substantially the same form as the copy which is attached hereto as Exhibit A and incorporated by reference. SECTION 4: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute the Amendment with AdminSure for, and on behalf of, the City of Vernon and the City Clerk is hereby authorized to attest thereto. - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 5: The City Council of the City of Vernon hereby directs the City Clerk, or her designee, to send a fully executed Amendment to: Colen & Lee Attention: Alithia Vargas -Flores, Vice President 1470 S. Valley Vista Drive, Suite 230 Diamond Bar, CA 91765 SECTION 6: The City Council of the City of Vernon hereby amends Resolution No. 5330 to select and designate Bank of America as the depository of funds of the City of Vernon for accounts established and maintained in the name of the City and that all checks, drafts, orders, receipts, and other instruments drawn, accepted, authorize, or given by the City of Vernon for payment from any such accounts or at such office be signed on behalf of the City of Vernon by the following named persons: Gary Lee, President - AdminSure, Inc., Administrators Alithia Vargas -Flores, Vice President - AdminSure, Inc., Administrators SECTION 7: The City Council of the City of Vernon hereby authorizes and empowers the City Administrator, or his designee, to execute such documents and to take such actions as may be necessary or convenient to carry out the City's obligations hereunder and to effect the purposes of the Amendment and the transactions therein authorized. SECTION 8: The provisions of Resolution No. 5330 not consistent with or in conflict with this resolution are hereby repealed; in all other respects, Resolution No. 5330 shall remain in full force and effect. - 3 - I SECTION 9: The City Clerk of the City of Vernon shall 2 certify to the passage of this resolution, and thereupon and 3 thereafter the same shall be in full force and effect. 4 APPROVED AND ADOPTED this 4th day of September, 2007. 5 6 �'x2'-!r' Guz • 7 Name: Leonis C. Malburg 8 Title: Mayor 9 10 A TEST: 11 - 12 MANUELA GI N, ity Clerk 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9403, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, September 4, 2007, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the r City of Vernon. f (SEAL) .I MANUEf;A GIRON, City Clerk - 5 - EXHIBIT 0 AMENDMENT TO AGREEMENT FOR LIABILITY CLAIMS ADMINISTRATION SERVICES The City of Vernon, hereinafter referred to as the "Client," and AdminSure, Inc. (Colen & Lee), herein referred to as the "Administrator," hereinafter collectively referred to as the "Parties," previously entered into an Agreement for Liability Claims Administration Services ("Agreement") on October 1, 1986. WHEREAS, the parties are desirous of amending said Agreement to reflect Administrator's new business name. NOW, THEREFORE, the Agreement is hereby amended as follows: The Administrator is now named AdminSure, Inc. The Secretary of State recognizes the name change. All other provisions of the Agreement shall remain unchanged. IN WITNESS WHEREOF, this Amendment to Agreement for Liability Claims Administration Services is entered into this day of , 2007. CITY OF VERNON: Title: Mayor / Mayor Pro-Tem ATTEST: Manuela Giron, City Clerk APPROVED AS TO FORM: Jeff A. Harrison, City Attorney ADMINSURE, INC.: By Alithia Vargas -Flores, Vice President ADMINSURE, INC.: Gary Lee, President SUPPORTING DOCUMENTS ton " t Vernon,4305 Santa Fe Avenue, • 90058 Telephonei i i September 12, 2007 AdminSure, Inc. (Formerly Colen & Lee) Attn: Alithia Vargas -Flores, Vice President 1470 S. Valley Vista Drive, Suite 230 Diamond Bar, CA 91765 Re: Liability Claims Administration Services Amendment Dear Ms. Vargas -Flores: Transmitted herewith is a fully executed amendment as referenced above, approved by City Council on September 4, 2007, through Resolution No. 9403. If you have any questions regarding this matter, please call Mr. Willard Yamaguchi, at (323) 583-8811 ext. 175. NG:dr c: Willard Yamaguchi Resolution No. 9403 Agreement No. 07-093 Very truly yours, aely jGr City Clerk Exclusively Industrial AMENDMENT TO AGREEMENT FOR LIABILITY CLAIMS ADMINISTRATION SERVICES The City of Vernon, hereinafter referred to as the "Client," and AdminSure, Inc. (Colen & Lee), herein referred to as the "Administrator," hereinafter collectively referred to as the "Parties," previously entered into an Agreement for Liability Claims Administration Services ("Agreement") on October 1, 1986. WHEREAS, the parties are desirous of amending said Agreement to reflect Administrator's new business name. NOW, THEREFORE, the Agreement is hereby amended as follows: The Administrator is now named AdminSure, Inc. The Secretary of State recognizes the name change. All other provisions of the Agreement shall remain unchanged. IN WITNESS WHEREOF, this Amendment to Agree ent for Liability Claims Administration Services is entered into this // 774 day of , 2007. CITY OF VERNON: ADMINSURE, INC.: 'Ie6nis C. Mal burg, Mayo By_,,'4 �� ��� 4"' Alithia Vargas -Flores, Vice President A7EST: ADMINSURE, INC.: By By VELA GIRO , City Clerk Gary ee, Presi e t t APPROVED AS TO FORM: JEF ISON, City Attorney 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9403 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AGREEMENT FOR LIABILITY CLAIMS ADMINISTRATION SERVICES BY AND BETWEEN THE CITY OF VERNON AND ADMINSURE, INC. (FORMERLY COLEN & LEE) AND AMENDING RESOLUTION NO. 5330 REGARDING LIABILITY INSURANCE TRUST ACCOUNT FOR THE ADMINISTRATION OF THE CITY OF VERNON GENERAL AND AUTOMOBILE LIABILITY SELF-INSURANCE PROGRAM WHEREAS, the City of Vernon is self -insured in its general land automobile liability program; and WHEREAS, on September 16, 1986, the City Council of the City lof Vernon adopted Resolution No. 5320 approving an Agreement for (Liability Claims Administration Services with Colen & Lee, Inc. ("Colen"), the City's administrator for the general and automobile liability self-insurance program; and WHEREAS, on October 7, 1986, the City Council of the City of Vernon adopted Resolution No. 5330 authorizing Colen to establish a City of Vernon Liability Trust Account (the "Account") with First Interstate Bank and authorizing the execution of checks or other instruments necessary for the administration of the City of Vernon general and automobile liability self-insurance program; and WHEREAS, since the inception of the Account, First Interstate Bank merged with Wells Fargo Bank, and thereafter the City moved the Account to Bank of America; and WHEREAS, the City Council of the City of Vernon desires to ratify the actions taken in establishing the Account at Bank of America; and WHEREAS, effective September 1, 2007, Colen will begin doing 1 2 3 4 5 6 7 0 10 11 12 13 14 plain 16 17 18 19 20 21 22 23 24 25 26 27 28 business under the name AdminSure, Inc., ("AdminSure") and has filed a fictitious name statement for Colen so that it can legally continue to do business under that name for a transition period; and WHEREAS, the City Council of the City of Vernon desires (a) to ratify the actions taken in establishing the Account at Bank of lAmerica; (b) to approve an Amendment to Agreement for Liability Claims Administration Services evidencing the change of name from Colen to AdminSure; and (c) to amend Resolution No. 5330 to authorize modifications to the Account. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE (CITY OF VERNON AS FOLLOWS: SECTION l: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby ratifies the actions taken in the establishment of the Account at Bank of America including, but not limited, to the execution of any account agreement, facsimile signature authorization form or deposit account documentation signature card. SECTION 3: The City Council of the City of Vernon hereby approves the Amendment to Agreement for Liability Claims Administration Services with AdminSure, in substantially the same form as the copy which is attached hereto as Exhibit A and incorporated by reference. SECTION 4: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute the Amendment with AdminSure for, and on behalf of, the City of Vernon and the City Clerk is hereby authorized to attest thereto. - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 5: The City Council of the City of Vernon hereby directs the City Clerk, or her designee, to send a fully executed (Amendment to: Colen & Lee Attention: Alithia Vargas -Flores, Vice President 1470 S. Valley Vista Drive, Suite 230 Diamond Bar, CA 91765 SECTION 6: The City Council of the City of Vernon hereby amends Resolution No. 5330 to select and designate Bank of America as the depository of funds of the City of Vernon for accounts established and maintained in the name of the City and that all checks, drafts, orders, receipts, and other instruments drawn, accepted, authorize, or given by the City of Vernon for payment from any such accounts or at such office be signed on behalf of the City of Vernon by the following named persons: Gary Lee, President - AdminSure, Inc., Administrators Alithia Vargas -Flores, Vice President - AdminSure, Inc., Administrators SECTION 7: The City Council of the City of Vernon hereby authorizes and empowers the City Administrator, or his designee, to execute such documents and to take such actions as may be necessary or convenient to carry out the City's obligations hereunder and to effect the purposes of the Amendment and the transactions therein authorized. SECTION 8: The provisions of Resolution No. 5330 not consistent with or in conflict with this resolution are hereby repealed; in all other respects, Resolution No. 5330 shall remain in full force and effect. - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 9: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 4th day of September, 2007. i A TEST: EST: MANUELA GIIZON, City Clerk Name: Leonis C. Malburg Title: Mayor / - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9403, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, September 4, 2007, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. (SEAL) MANUELA GIRON, City Clerk - 5 - E�IBIT A AMENDMENT TO AGREEMENT FOR LIABILITY CLAIMS ADMINISTRATION SERVICES The City of Vernon, hereinafter referred to as the "Client," and AdminSure, Inc. (Colen & Lee), herein referred to as the "Administrator," hereinafter collectively referred to as the "Parties," previously entered into an Agreement for Liability Claims Administration Services ("Agreement") on October 1, 1986. WHEREAS, the parties are desirous of amending said Agreement to reflect Administrator's new business name. NOW, THEREFORE, the Agreement is hereby amended as follows: The Administrator is now named AdminSure, Inc. The Secretary of State recognizes the name change. All other provisions of the Agreement shall remain unchanged. IN WITNESS WHEREOF, this Amendment to Agreement for Liability Claims Administration Services is entered into this day of , 2007. CITY OF VERNON: I3 Title: Mayor / Mayor Pro-Tem ATTEST: Manuela Giron, City Clerk APPROVED AS TO FORM: Jeff A. Harrison, City Attorney ADMINSURE, INC.: Alithia Vargas -Flores, Vice President LIM ADMINSURE, INC.: Gary Lee, President