HomeMy WebLinkAboutMINUTES - 12132011 - C.15RECOMMENDATION(S):
ADOPT Resolution No. 2011/487 approving and authorizing the County Administrator, or
designee, to execute the First Amended Joint Exercise of Powers Agreement for Providing
Public Liability and Other Self-Insurance, effective July 1, 2011, among the County of
Contra Costa and various fire districts within the County of Contra Costa.
FISCAL IMPACT:
It is anticipated that approval of the First Amended Joint Exercise of Powers Agreement for
Providing Public Liability and Other Self-Insurance will continue the County’s payment of
an annual premium for the costs of providing a self-insurance program. Fiscal year 2010-11
charges to the County amounted to $4,942,688.
BACKGROUND:
Currently, the County is a participant in of the Joint Exercise of Powers Agreement for
Providing Public Liability and Other Self-Insurance (“JPA”), which was entered into among
the County of Contra Costa and various fire districts within the County of Contra Costa on
July 1, 1988. The participants to the JPA receive property damage, comprehensive liability
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/13/2011 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V
Supervisor
Contact: Sharon Hymes-Offord
925 335.1450
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of
the Board of Supervisors on the date shown.
ATTESTED: December 13, 2011
David Twa, County Administrator and Clerk of the Board of Supervisors
By: STACEY M. BOYD, Deputy
cc:
C. 15
To:Board of Supervisors
From:Sharon Offord Hymes, Risk Manager
Date:December 13, 2011
Contra
Costa
County
Subject:Joint Exercise of Powers Agreement for Providing Public Liability and Other Self-Insurance
BACKGROUND: (CONT'D)
and auto liability insurance.
To reflect changes in the participants, claims, procedures, and insurance coverage that
have occurred since the JPA’s enactment in 1988, the parties have prepared the First
Amended Joint Exercise of Powers Agreement for Providing Public Liability and Other
Self-Insurance (“First Amended JPA”). Similar to the current JPA, the First Amended
JPA creates a self-insurance program for comprehensive liability, property damage, auto
liability and other coverages for its participants.
The anticipated participants are the County (and certain special districts within the
County), and various fire districts within the County, including those which are both
dependent and independent of County governance. The First Amended JPA becomes
effective when executed by the County and continues in effect until it is terminated. Any
party may withdraw from the First Amended JPA by providing adequate advance written
notice to the other participants.
In furtherance of the First Amended JPA’s stated purpose, “to develop and fund programs
of self-insurance”, its participants may elect to create joint insurance funds, purchase
insurance policies, purchase reinsurance and acquire necessary administrative and legal
services. Administrative services will be provided by the County Administrator’s Risk
Management Division. These services continue to include, but are not limited to, risk
management consulting, loss prevention and control, centralized loss reporting, actuarial
consulting, claims adjusting, the acquisition of legal defense services, and other
administrative services as deemed necessary.
Similar to the current JPA, the First Amended JPA’s self-insurance program will be
funded through annual premiums determined upon the basis of an equitable cost sharing
plan and rating formula. The premium for each participant will include that participant’s
share of expected losses, reinsurance costs if any, administrative costs, and legal costs for
the year for each self-insurance program in which it participates.
Government Code section 990.8, which permits pubic agencies to exercise jointly powers
to provide self-insurance, as well as constitutional and statutory law, provides authority
for participants to self-insure pursuant to the First Amended JPA.
CONSEQUENCE OF NEGATIVE ACTION:
The current JPA participants would lack certain types of coverage that will be included
under the First Amended JPA. Additionally, the current JPA’s claims procedures section
is outdated, making continued administration difficult.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
ATTACHMENTS
ATTACHMENTS
Resolution No. 2011/487