05-05-2020 - AGENDA ITEM 13 CONSIDERATION OF AUTHORIZATION TO PARTICIPATE IN THE CALIFORNIA JOINT POWERS AUTHORITYAGENDA ITEM NO. 13
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AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: May 5, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF AUTHORIZATION TO PARTICIPATE IN THE CALIFORNIA JOINT
POWERS AUTHORITY
(CJPIA) FOR THE CITY'S GENERAL LIABILITY AND WORKERS' COMPENSATION AND
OTHER INSURANCE NEEDS
RECOMMENDATION:
It is recommended that City Council take the following actions:
1. Authorize the City's withdrawal from the California State Association of Counties (CSAC) Excess Insurance
Authority effective July 1, 2020.
2. Authorize the City to join the California Joint Powers Insurance Authority (CJPIA) and pool the City's
self-insurance general liability and workers' compensation insurance through the CJPIA programs by
adopting the following resolutions:
RESOLUTION NO.2020-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, APPROVING EXECUTION OF THE JOINT POWERS
AGREEMENT CREATING THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY
RESOLUTION NO.2020-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, TO AUTHORIZE AND APPROVE POOLING OF
SELF-INSURANCE THROUGH THE EXCESS LIABILITY PROTECTION PROGRAM OF THE
CALIFORNIA JOINT POWERS INSURANCE AUTHORITY
RESOLUTION NO.2020-39 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, TO AUTHORIZE AND APPROVE POOLING OF
SELF-INSURANCE THROUGH THE EXCESS WORKERS' COMPENSATION PROGRAM OF
THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY
RESOLUTION NO.2020-40 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, PROVIDING WORKERS' COMPENSATION COVERAGE FOR
CERTAIN CITY OF WEST COVINA VOLUNTEERS PURSUANT TO THE PROVISIONS OF
SECTION 3363.5 OF THE LABOR CODE
3. Authorize the City Manager to negotiate and execute the Joint Powers Agreement and any related documents.
4. Authorize the use of CJPIA for the City's other insurance needs, such as property, automobile, cyber and
crime and authorize the City Manager to execute any related documents.
5. Authorize the City Manager to negotiate and execute Third -Parry Administrator (TPA) Agreements with Carl
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Public Safety: Police claims are pooled separately.
Claims Administration Fee: Claims administration fees are calculated based on the City's historical claim volume and its mix of various claim
types. The annual fee is based on the assumption that the City's claim volume during the contract period will be similar to its historical claim
volume.
Claims Management: A collaborative process managed by the member for claims within the member's retention, utilizing the Authority's
designated claims administrator, Carl Warren and Company, with oversight from and consultation with Authority staff, full-time dedicated
client service team implementing industry best practices with high quality performance standards. Each member determines how engaged
they want to be in the claims management process.
Defense Counsel: Members choose from the Authority's pre -approved defense panel, which has a variety of legal specializations tailored to
municipal risks, defense panel complies with Authority -established reporting requirements, pre-trial budgets, and negotiated panel rates
(non -panel counsel is permitted with prior approval). Additions to the panel are considered upon request.
City of West Covina Initial Risk Management Evaluation [14]
Action Item: 2019-018
Observations:
The agency does not have a formal Trenching and Excavation Safety Program in
place.
Action Required:
A Trenching and Excavation Safety Program, consistent with the requirements of
Cal/OSHA, should be developed. Training should be conducted as needed and as
required.
Standards:
California Code of Regulations, Title 8, Section 1541; 29 CFR 1910.652 Excavations,
Requirements for Protective Systems
Resources:
A link to additional website Resources and a sample program has been provided and
is located on the California JPIA's website.
Action Item: 2019-019
Observations:
The agency does have a Safety Committee, though it is not currently active.
The agency's Injury and Illness Prevention Program (IIPP) needs revisions.
Action Required:
Determine if the Safety Committee will resume or formally disband the Safety
Committee and reassign its defined responsibilities to other agency staff.
Should the agency decide to resume the Safety Committee's efforts, it should
consider broadening the scope of issues covered during Safety Committee meetings
and keep a file of meeting agendas and minutes of items discussed and actions
taken. The issues should include:
o Overseeing a hazard identification program for all departments;
o Reviewing accidents involving agency employees to make certain the actions
taken to prevent recurrence are adequate;
o Monitoring accident statistics to determine trends and problem areas;
o Reviewing safety training needs and current training programs for adequacy
and recommending changes or additional programs as necessary;
o Initiating programs to stimulate and maintain employee interest in safety;
and
o Reviewing and evaluating safety and health recommendations from all
sources, including employee suggestions and complaints.
If the Safety Committee will resume, develop a formal written policy with regular
meetings at the specified frequency. The policy should be included in the agency's
Injury and Illness Prevention Program.
Standards:
Best Risk Management Practices
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City of West Covina Initial Risk Management Evaluation [15]
Action Item: 2019-020
Observations:
It is unknown whether training is provided to employees who may be exposed to
hazards associated with working around asbestos or lead -based paint.
There is not a written Operations and Maintenance Program in place for agency
facilities which contain asbestos or lead -based paint building materials.
Action Required:
Personnel activities should be reviewed to determine whether there is a potential for
employee exposures to asbestos or lead.
When employees are exposed to asbestos or lead, an Exposure Control Plan should
be developed.
Personal protective equipment (PPE) and employee training should be provided as
needed and required.
Develop and implement an Operations and Maintenance Program to manage
exposures to asbestos -containing materials and lead -based paint, consistent with
the requirements of the California Code of Regulations, Title 8. The program should
include employee awareness training. It should also contain a provision advising all
employees, service vendors, contractors, and tenants of the known presence of
asbestos -containing materials (ACM) and lead -based paint (LBP) in agency facilities,
as well as any pre-1978 facilities that have not been sampled. Awareness training
reduces the potential for any accidental disturbance of ACM and LBP, and it ensures
that proper response procedures are initiated in the event of an incident.
Standards:
California Code of Regulations, Title 8, Section 1529, 1532.1, 5208 and 5216
40 CFR, Part 763 — Asbestos; California Code of Regulations, Title 8, Section 5208,
Asbestos; 29 CFR 1910.1200 Hazard Communication
Resources:
A sample program has been developed and is located in the Resource Center on the
California JPIA's website.
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City of West Covina Initial Risk Management Evaluation [161
Action Item: 2019-021
Observations:
Automated External Defibrillators (AEDs) and other medical emergency equipment
were provided for emergency use.
It was not determined whether the AEDs are inspected, tested, and maintained on a
regular basis.
It was not determined whether staff members are properly trained on the use of
AEDs and maintain current CPR certification.
It was not determined whether a written program outlining the operation,
inspection, maintenance, and training requirements for AEDs has been developed.
Action Required:
AEDs should be inspected monthly to ensure that they are in good condition and
functional.
AEDs should be tested and maintained in accordance with the recommendations of
the manufacturer. All inspections, testing, and maintenance should be documented.
An adequate number of staff should be properly trained to respond to emergency
situations requiring the use of the AED. This training should include, at a minimum,
training on proper use of the AED as well as maintaining current CPR certification.
All staff at locations with AEDs should annually receive a brochure that describes the
proper use of the AED. This information should also be posted next to each AED.
All staff should be informed annually as to the location of each AED.
If one does not exist, a written program that complies with the requirements of the
California Health and Safety Code should be developed.
Standards:
California Health and Safety Code, Section 1797.196; California Civil Code, Section
1714.21
Resources:
A sample policy has been developed and is located on the California JPIA's website.
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City of West Covina Initial Risk Management Evaluation [17]
Human Resources
Action Item: 2019-022
Observations:
The organization's Personnel Manual and personnel policies are not reviewed
regularly with employees.
Action Required:
Employees should be periodically required to sign an acknowledgement of these
policies. To ensure regular acknowledgement of the policies, this can be
incorporated into annual performance evaluations.
Standards:
Best Risk Management Practices
Action Item: 2019-023
Observations:
Pre -employment screening for alcohol and/or controlled substances is conducted for
all prospective employees.
The agency has not created a list of safety -sensitive positions.
Action Required:
Agency policy should be updated to reflect case law which prohibits blanket drug
screening of employment applicants. The agency should develop a list of safety -
sensitive positions for which employment is contingent upon screening for illegal or
controlled substances. Accordingly, only those applying for positions identified as
safety -sensitive should be screened for illegal or controlled substances.
Standards:
Best Risk Management Practices
Action Item: 2019-024
Observations:
Annual performance evaluations do not consider safety compliance.
Action Required:
Include safety compliance as part of the evaluation. Quantifiable performance
measures should be utilized when evaluating safety compliance.
Standards:
Best Risk Management Practices
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City of West Covina Initial Risk Management Evaluation [18]
Action Item: 2019-025
Observations:
Volunteers are utilized; however, a Volunteer Handbook has not been developed.
Action Required:
Develop and distribute a Volunteer Handbook to volunteers defining volunteer roles
and responsibilities. Provide initial and refresher training to all volunteers at least
annually.
Standards:
Best Risk Management Practices
Resources:
A sample policy has been developed and is located on the California JPIA's website.
Action Item: 2019-026
Observations:
The organization does not have a Volunteer Orientation and Training Program in
place.
Action Required:
Develop a Volunteer Orientation Program that includes an introduction to agency
policies as well as safety training consistent with the requirements of Cal/OSHA.
Field services personnel should have "tailgate" safety meetings on a bi-weekly basis
with training sessions lasting a minimum of 15 minutes. For administrative and
clerical staff, quarterly safety meetings are adequate. Training should include
hazards specific to employee job assignments as well as hazards common to all
workplaces and situations. Documentation of these meetings should be maintained
for at least three years and be readily available for review by Cal/OSHA or other
enforcement agencies.
Standards:
California Code of Regulations, Title 8, Section 3203 (a) (7)
Resources:
Register for workshops online on the California JPIA's website.
Action Item: 2019-027
Observations:
The agency does not evaluate the driving record of volunteers when driving is a job
function.
Action Required:
Require prospective volunteers to provide a current Motor Vehicle Report. This will
allow the agency to determine whether prospective volunteers have acceptable
driving histories before extending an offer to those where driving is a job function.
Standards:
Best Risk Management Practices
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City of West Covina Initial Risk Management Evaluation [191
Action Item: 2019-028
Observations:
The agency does not conduct background checks on all volunteers.
Action Required:
Perform background checks on all volunteers, including those who work with or
around minors.
Standards:
Public Resources Code, Section 5164, and Penal Code, Section 11105.3
Resources:
A link to additional website resources on Criminal Background Check requirements is
located on the California JPIA`s website or the National Recreation and Park
Association — Operation TLC2 "Making Communities Safe."
Action Item: 2019-029
Observations:
The agency does not have a formal policy and procedure for notifying Cal/OSHA in
the event an employee is involved in a serious injury or illness.
Action Required:
A formal policy and procedure should be developed to meet the requirement that
Cal/OSHA be notified of serious injury or illness, or death of an employee. Develop a
chain of command and designate a key person to notify Cal/OSHA when required.
Standards:
California Code of Regulations, Title 8, Section 342, and Section 330(h)
Resources:
A link to additional website resources has been provided and is located on the
California JPIA's website.
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City of West Covina Initial Risk Management Evaluation [201
Action Item: 2019-030
Observations:
The agency has not developed a Transitional Return to Work Program.
Action Required:
Establish a written Transitional Return to Work Policy for injured or ill employees
and volunteers and include this policy in both the Employee and Volunteer
Handbooks and respective orientation programs. Individuals who cannot return to
their previous work or volunteer functions, either temporarily or permanently, should
be medically examined to determine their work capacity, and every effort should be
made to accommodate transitional light duty requirements.
Transitional light duty assignments should be identified and developed before
injuries occur to best ensure the effectiveness and success of the program. The
agency should consider including individuals on light duty assignments in some of
the various inspection programs recommended in other formal recommendations
contained within this report.
Standards:
Best Risk Management Practices
Resources:
A sample policy has been developed and is located on the California JPIA's website.
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City of West Covina Initial Risk Management Evaluation [21]
Fleet and Driver Management
Action Item: 2019-031
Observations:
Supervisors of commercial vehicle operators have not received the required drug
and alcohol awareness training.
The agency's commercial drivers have not received training in alcohol and substance
abuse awareness.
Action Required:
Provide required drug/alcohol awareness training to all supervisors overseeing
drivers of commercial vehicles. Continue monitoring employees who operate vehicles
for improper consumption of alcoholic beverages and use of controlled substances
and enroll all commercially licensed drivers in a random drug and alcohol testing
program.
Standards:
49 Code of Federal Regulation Part 40; 49 Code of Federal Regulations, Section
382.603
Resources:
Register for workshops online in the Resource Center on the California JPIA's
website.
Action Item: 2019-032
Observations:
The agency does not have a formal Commercial Vehicle Inspection Program.
Action Required:
Develop and implement a program to regularly inspect agency commercial vehicles
to identify hazardous conditions that require repairs or preventive maintenance. A
minimum inspection frequency of monthly is recommended.
Standards:
Best Risk Management Practices
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City of West Covina Initial Risk Management Evaluation [221
Infrastructure Management
Action Item: 2019-033
Observations:
The agency has conducted an ADA Self -Evaluation of agency facilities; however, it is
not in writing.
Action Required:
Perform a written ADA Self -Evaluation of all public facilities. By January 26, 1993,
each public entity was to have evaluated its services, policies and practices to
determine their effect on accessibility of public facilities and modify them as
necessary.
Standards:
Americans with Disabilities Act, Title II, Section 35.149-151; 28 C.F.R. § 35.104
Resources:
Assistance can be obtained from the following website links:
http://www.ada.gov/websites2.htm; http://www.section508.gov.
Action Item: 2019-034
Observations:
The agency has not developed an ADA Transition Plan outlining the steps necessary
to achieve barrier -free access.
Action Required:
Develop a formal ADA Transition Plan outlining the steps necessary to complete
structural changes to facilities to achieve required accessibility.
Existing buildings were to have been retrofitted to eliminate barriers to program
accessibility no later than January 26, 1995. Public entities with 50 or more
employees were to have developed a Transition Plan by July 26, 1992. The
Transition Plan must identify physical obstacles, describe how the agency will make
facilities accessible, outline the schedule for each year's modification efforts, and
indicate the official with responsibility for implementation of the Transition Plan as
required.
Standards:
Americans with Disabilities Act, Title II, Section 35.149-151; 28 C.F.R. § 35.104
Resources:
Assistance can be obtained from the following website links:
http://www.ada.gov/websites2.htm; http://www.section508.gov.
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City of West Covina Initial Risk Management Evaluation [23]
Action Item: 2019-035
Observations:
The agency does not have a formal ADA Grievance Policy or ADA Grievance
Coordinator.
Action Required:
Develop a formal ADA Grievance Policy.
Agencies with 50 or more employees must designate a responsible person to
coordinate efforts to comply with ADA, carry out responsibilities, and establish
grievance procedures that provide for prompt and equitable resolution of complaints
alleging prohibited actions.
Standards:
Americans with Disabilities Act, Title II, Section 35.107; 28 CFR Part 35 §35.107,
Designation of Responsible Employee and Adoption of Grievance Procedures
Resources:
A sample policy has been developed and is located on the California JPIA's website.
Action Item: 2019-036
Observations:
The agency has not developed an Asbestos and Lead -Based Paint Awareness
Program.
The agency has not formally inspected its facilities for the presence of asbestos and
lead -based paint.
Action Required:
Develop and implement an Operations and Maintenance Program to manage
exposures to asbestos -containing materials and lead -based paint, consistent with
the requirements of the California Code of Regulations, Title 8. The program should
include employee awareness training. It should also contain a provision advising all
employees, service vendors, contractors, and tenants of the known presence of
asbestos -containing materials (ACM) and lead -based paint (LBP) in agency facilities,
as well as any pre-1978 facilities that have not been sampled. Awareness training
reduces the potential for any accidental disturbance of ACM and LBP, and it ensures
that proper response procedures are initiated in the event of an incident.
Standards:
California Code of Regulations, Title 8, Sections 1529, 1532.1, 5198, and 5208
29 CFR 1910.1001, Toxic and Hazardous Substances; Asbestos
Resources:
A sample program is located in the Resource Center on the California JPIA website.
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Liability Loss Data Update
September 2019 vs. January 2020
Coverage
Year
Total
Incurred
as of 9/30/19
Total
Incurred
as of 1/31/20
Change
%
2009-2010
$ 458,858
$ 457,138
$ (1,720)
-0.4%
2010-2011
764,075
758,728
(5,348)
-0.7%
2011-2012
295,017
294,751
(266)
-0.1%
2012-2013
241,254
241,254
0
0.0%
2013-2014
473,534
473,534
0
0.0%
2014-2015
627,176
777,176
150,000
23.9%
2015-2016
7,506,644
8,194,160
687,516
9.2%
2016-2017
1,279,748
1,242,198
(37,550)
-2.9%
2017-2018
2,656,384
7,144,573
4,488,189
169.0%
2018-2019
696,018
255,936
(440,081)
-63.2%
Total
$ 14,998,708
$ 19,839,448
$ 4,840,740
32.3%
City of West Covina Initial Risk Management Evaluation [24]
Action Item: 2019-037
Observations:
The agency website does not include Terms and Conditions.
Action Required:
Develop website Terms and Conditions and post them to the agency's website.
Standards:
Best Risk Management Practices
Resources:
A sample policy has been developed and is located on the California JPIA's website.
Action Item: 2019-038
Observations:
A Tree Inspection and Maintenance Program has not been developed or
implemented.
Action Required:
Develop and implement a Tree Inspection and Maintenance Program.
Standards:
Best Risk Management Practices
Resources:
A sample policy has been developed and is located in the Resource Center on the
California JPIA's website.
Action Item: 2019-039
Observations:
The agency has not established formal sidewalk maintenance and repair standards.
Action Required:
Develop and implement formal inspection and repair standards to guide the
inspection and maintenance of sidewalks and related infrastructure features.
Standards:
Best Risk Management Practices
Resources:
A sample policy has been developed and is located on the California JPIA's website.
Action Item: 2019-040
Observations:
While some of the storm drain covers have been retrofitted to ensure that bicycle
tires cannot get trapped in grid patterns that run parallel to the direction of traffic,
many have not.
Action Required:
Retrofit remaining storm drain covers for bicycle safety.
Standards:
Best Risk Management Practices
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City of West Covina Initial Risk Management Evaluation [251
Action Item: 2019-041
Observations:
The Agency does not have design plans for all major roadways and related
infrastructure.
Action Required:
To preserve design immunity, a comprehensive index should be developed and
matched to all major roadways. Identify missing roadway design plans and develop
a program to recreate any missing plans through a review of those specific
roadways and approval by Council or through those granted discretionary authority.
Standards:
Best Risk Management Practices
Resources:
California JPIA White Paper Series: The Design Immunity
Action Item: 2019-042
Observations:
The following observations were made
at the Wescove Day Care:
o Some of the doormats were torn,
curled, and/or damaged. This
condition poses trip/fall hazards.
o One or more of the illuminated
exit signs observed were only
partially lit.
Action Required:
Repair or replace doormats at front
entrance of the day care.
Exit signs should be equipped with light
bulbs for all sockets so that the signs
are still illuminated even if one bulb
fails.
Standards:
California Code of Regulations, Title 8,
Section 3273, Working Area; 29 CFR
1910.22 General Requirements - Walking -Working Surfaces; California Fire Code,
Section 1011, Exit Signs; California Fire Code, Section 1011.2, Illumination;
California Code of Regulations, Title 24, Section 1006, Means of Egress Illumination;
NFPA 101, Chapter 5 - Means of Egress
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City of West Covina Initial Risk Management Evaluation [26]
Action Item: 2019-043
Observations:
The following observations were made
at the Public Works Department -
Maintenance Division:
o At least one of the ladders
observed was unsecured and
leaning against the wall. These
ladder storage practices pose
falling object hazards.
o Cross bars were missing from
storage racks.
o Compressed gas cylinders were
not properly secured.
Action Required:
Ladders should be stored on wall hooks
or secured with ropes, straps, or chains
to prevent them from falling if struck or
during seismic activity.
Determine if current storage racks can
safely support the intended load.
Secure compressed gas cylinders with
one or more restraints to prevent falling
caused by contact, vibration or seismic
activity.
Standards:
California Code of Regulations, Title 8,
Section 3241, Live Loads; 29 CFR 1910,
Subpart D - Walking -Working Surfaces;
California Government Code, Section 835
California Fire Code, Section 3003.5.3; 29 CFR 1910.101, Compressed Gases
(General Requirements)
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City of West Covina Initial Risk Management Evaluation [27]
Action Item: 2019-044
Observations:
The fire extinguishers are not inspected `\
on a monthly basis.
Action Required:
Ensure that fire extinguishers are
visually inspected monthly, consistent
with the requirements of Cal/OSHA and
California Fire Code. r'
Standards:
California Fire Code, Section 906,
Portable Fire Extinguishers; California Code of Regulations, Title 8, Section 6151,
Portable Fire Extinguishers
Action Item: 2019-045
Observations:
It was not determined whether
emergency eyewash stations are
inspected and tested on a regular basis.
Action Required:
All emergency eyewash stations should
be tested and flushed weekly to verify
proper operation. Plumbed units should
be flushed for a minimum of three
minutes.
All inspection information should be documented and maintained for a minimum of
one year.
Standards:
California Code of Regulations, Title 8, Section 5162, Emergency Eyewash and
Shower Equipment; 29 CFR 1910, Subpart K - Medical and First Aid
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City of West Covina Initial Risk Management Evaluation [28)
Parks and Playground Management
Action Item: 2019-046
Observations:
Detailed installation, maintenance, inspection, and repair records were not available
or each piece of playground equipment.
Action Required:
Detailed installation, maintenance, inspection, and repair records for each piece of
playground equipment should be established, maintained, and documented.
Standards:
California Health and Safety Code, Sections 115725-115735; CPSC, Publication 325,
Public Playground Safety Handbook
Action Item: 2019-047
Observations:
Not all agency -owned playgrounds have been audited by a Certified Playground
Safety Inspector (CPSI).
Action Required:
All playgrounds must have an initial inspection completed by a Certified Playground
Safety Inspector (CPSI) prior to their use.
Standards:
U.S. Consumer Product Safety Commission's Public Playground Safety Handbook;
California Health and Safety Code Sections 115725 — 115750
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City of West Covina Initial Risk Management Evaluation [29]
Action Item: 2019-048
Observations:
The agency does not have a comprehensive Playground Inspection and Maintenance
Program.
Playground inspection and maintenance is contracted through a third party.
Action Required:
A formal, written Playground Safety and Risk Management Program should be
developed to include the following:
o A formal policy specifying playground inspection, maintenance, and repair
standards;
o An initial audit of playground facilities by a Certified Playground Safety
Inspector(CPSI);
o Provision of required signage/labels;
o Ongoing inspection, repair, and maintenance standards;
o Phasing out and/or replacement of hazardous and/or noncompliant
equipment;
o Ongoing renovation as needed to comply with ADA accessibility standards;
and
o Record keeping/documentation standards.
The policy requirements should be outlined in the third -party agreement.
Standards:
ASTM 1487, Standard Consumer Performance Specifications for Playground
Equipment for Public Use; U.S. Consumer Product Safety Commission's Public
Playground Safety Handbook; California Health and Safety Code Sections 115725 —
115750
Resources:
A sample checklist has been developed to augment parks and playground inspection
programs, which are located on the California JPIA's website.
Action Item: 2019-049
Observations:
The playground equipment coating was
peeling or otherwise deteriorated at CA
Parquette.
x
Action Required:
The equipment should be repaired or
replaced in accordance with the
manufacturer's recommendations..
Standards:]
U.S. Consumer Product Safety
Commission's Public Playground Safety Handbook; California Health and Safety Code
Sections 115725 — 115750
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City of West Covina Initial Risk Management Evaluation [30]
Action Item: 2019-050
Observations:
The playgrounds at the following parks
require preventative maintenance:
o Orangewood Park - peeling
signage and graffiti present
o CA Parquette - signage missing
or peeling and litter observed
o Cortez Park - signage missing or
peeling
o Big League Dreams - signage
missing
Action Required:
Focus maintenance on playground
equipment, repairing or replacing
damaged or worn parts, and fastening
devices.
Required signage and/or labels should
be repaired or replaced when they
become faded, deteriorated, or illegible.
All informational signs should be
periodically reviewed for clarity and
legibility.
Signs and labels should comply with the
description found in Section 14 of ASTM
F1487.
Improve housekeeping at CA Parquette.
Graffiti that is allowed to remain visible invites additional graffiti. Prompt response to
graffiti is a proven deterrent to future graffiti.
Standards:
U.S. Consumer Product Safety Commission's Public Playground Safety Handbook;
California Health and Safety Code Sections 115725 — 115750
Resources:
Sample checklists have been developed and are located on the California JPIA's
website.
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City of West Covina Initial Risk Management Evaluation [31)
Action Item: 2019-051
Observations:
The surfacing beneath the playgrounds
at CA Parquette and Cortez Park are not
properly maintained.
The transition from the concrete to the
playground areas was uneven.
These conditions pose trip/fall hazards.
Action Required:
Depending on the playground location,
weather conditions, watering patterns,
and frequency of use, weekly
maintenance may be necessary to
ensure adequate depth and to loosen
surfacing material that may have
become compressed.
Improve maintenance of playground
protective surfaces. Add more surfacing
to fall zones and the most frequently
used play areas. Make sure that the
surfacing under and around playground
equipment is uncompressed and of an
appropriate depth.
Standards:
U.S. Consumer Product Safety
Commission's Public Playground Safety
Handbook; California Health and Safety
Code Sections 115725 — 115750
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City of West Covina Initial Risk Management Evaluation [32]
Action Item: 2019-052
Observations:
Park inspection and maintenance is contracted through a third party.
The Agency should develop a formal inspection policy and include in the third -party
agreement.
Action Required:
Perform regular, formal inspections of parks and fields to identify hard ground;
damaged, depressed, or protruding irrigation components; excessive wet areas;
missing delineations; holes or divots in the play surface; foreign objects; and fields
in need of reseeding. Inspections should also include a review of park lighting,
walking surfaces, benches/bleachers, fences, parking areas, and other site -specific
features. Identified deficiencies should be corrected in accordance with agency
policy.
Resources:
A sample checklist has been developed to augment parks and playground inspection
programs, which are located on the California JPIA's website.
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City of West Covina Initial Risk Management Evaluation [33]
Action Item: 2019-053
Observations:
The Skate Park's rules sign is small and
deteriorating. Some rules, like when the
park allows mixed use, were not readily
apparent.
Graffiti was present in some areas. The
presence of graffiti invites additional
graffiti. Prompt response to graffiti is a
proven deterrent to future graffiti.
The agency does not formally inspect
the Skate Park.
Participants at the Skate Park were not
using helmets and mixed use was
observed when it is not allowed.
Action Required:
The skate park rules should be re-
printed in a large, clear format that can
be easily read from ten feet away. The signs should reference the information noted
in Section III (10) of the California JPIA's Recommended Risk Management
Guidelines for skate parks.
Graffiti should be removed.
Formal inspections should be conducted at the Skate Park. Documentation should
take form of checklists or other similar documentation. Records of corrective actions
should be retained.
Ensure the agency's existing skate park ordinances are followed and enforced.
Standards:
Best Risk Management Practices
Resources:
AB1296 Section III (10) of the California JPIA's Recommended Risk Management
Guidelines for Skate Parks.
CALIFORNIA
J P 1 A
Cost Indication Revision
Based on updated loss data
Cost Cost
Member Indication Indication
Retention as of 2/19/20 as of 2/25/20 Change %
$300K
$ 1,361,700 $
1,501,400 $
139,700
10.3%
$400K
1,274,900
1,402,600
127,700
10.0%
$500K
1,205,100
1,323,000
117,900
9.8%
$750K
1,076,500
1,176,400
99,900
9.3%
$1.OM
985,800
1,072,900
87,100
8.8%
$1.5M
851,800
919,900
68,100
8.0%
$2.OM
770,800
827,500
56,700
7.4%
a
City of West Covina Initial Risk Management Evaluation [34]
Action Item: 2019-054
Observations:
A temporary makeshift ramp was
observed at the entrance to the Skate
Park.
The damaged ramp is a trip and fall
hazard.
Action Required:
Repair, replace, or remove the ramp.
Standards:
California Code of Regulations, Title 8, Section 3203
Action Item: 2019-055
Observations:
It was not determined whether the bleachers/grandstands are inspected and
serviced on a regular basis.
Bleacher structures and grandstands present a loss exposure due to falls and/or
structure failure.
Action Required:
Retrofit or replace bleachers that do not meet the current guidelines for bleachers.
The grandstands and bleachers should be inspected annually and required
maintenance performed to ensure safe conditions. At least biennially, the inspection
should be performed by a professional engineer or registered architect. If required
by the authority having jurisdiction, the agency should provide certification that both
inspections have been performed.
Standards:
U.S. Consumer Product Safety Commission's Publication Number 330-000011,
Guidelines for Retrofitting Bleachers; National Fire Protection Association (NFPA)
102, Standard for Grandstands, Folding and Telescopic Seating, Tents, and
Membrane Structures; Publication 330, Guidelines for Retrofitting Bleachers, United
States Consumer Product Safety Commission; California Code of Regulations, Title
24, Section 1028.1.1, Bleachers
Resources:
A link to the Guidelines for Retrofitting Bleachers is located on the California JPIA's
website.
CALIFORNIA
J , P , 1 - A
City of West Covina Initial Risk Management Evaluation [35]
Recreation and Community Services
Action Item: 2019-056
Observations:
The agency's waiver requires the participant or participant's parent/guardian to hold
the agency harmless from any liability. Participant waivers should not release any
party from any act or omission of gross negligence, as the term is used in applicable
case law and/or statutory provision.
Action Required:
Revise the participant waiver to conform to accepted best practices, using the
suggested language outlined in the Contractual Risk Transfer for California Public
Agencies Manual.
Resources:
Contractual Risk Transfer for California Public Agencies manual. California JPIA,
Seventh Edition, 2018
Action Item: 2019-057
Observations:
Waivers for minors are retained for only one year.
Action Required:
Waivers involving minors should be retained for at least three years after the
participant has reached 18 years old. The agency's Records Retention Policy should
be revised as needed to reflect this policy. Waivers should be retained in accordance
with the agency's Records Retention Policy.
Standards:
Best Risk Management Practices
Action Item: 2019-058
Observations:
Contracted instructor agreements are not required to provide insurance; however,
they are still required to sign agreements with indemnity language.
Action Required:
Include appropriate indemnity language in agreements with contractor instructors
and require sufficient insurance to support the indemnity provisions.
Standards:
Best Risk Management Practices
Resources:
Contractual Risk Transfer for California Public Agencies manual. California JPIA,
Seventh Edition, 2018
CALIFORNIA
) • P • I , A
City of West Covina Initial Risk Management Evaluation [36]
Action Item: 2019-059
Observations:
Certain contractors, including Independent Contractors for recreation classes, are
not providing certificates of insurance.
By properly managing its contracts, the agency can reduce its loss exposures and
likewise reduce disputes with contractors and their insurers when a loss occurs.
Action Required.
Develop contract documentation tracking procedures to monitor contractor
compliance with contract provisions and to ensure that insurance documents
required in contracts are received in a timely fashion. Develop a system to ensure
that contractors provide certificates of insurance and policy endorsements before
they are allowed to begin work. Contractors should be notified immediately in
writing when insurance documentation is deficient or is not received as required.
Resources:
Contractual Risk Transfer for California Public Agencies manual. California JPIA,
Seventh Edition, 2018
Action Item: 2019-060
Observations:
The agency does not have written agreements for all individuals or groups who use
the agency's recreational facilities.
Action Required:
Utilize rental agreements with all agency facility renters. The rental agreement
should include indemnification and hold harmless language, and it should contain
insurance requirements as recommended by the California JPIA. Require facility
renters to provide evidence of sufficient insurance to support the indemnity
agreements in the facility rental agreements.
Compliance with insurance requirements should be monitored and consistently
enforced.
When third -party users do not have, or are unable to obtain general liability
insurance, consider using the California JPIA Special Event Coverage when possible.
Standards:
Best Risk Management Practices
Resources:
A sample facility rental agreement has been developed and is located on the
California JPIA's website.
CALIFORNIA
J - P , I , A
City of West Covina Initial Risk Management Evaluation [37]
Action Item: 2019-061
Observations:
The agency does not have a policy addressing at what age staff or volunteers are
permitted to work around minors.
It is important to note that juvenile criminal records may not be accessible and/or
disclosed to the agency.
Action Required:
Develop and implement a policy specifying what age an employee or volunteer is
permitted to work around youth unsupervised. Provide training to staff and
volunteers on all provisions of the policy.
Standards:
Best Risk Management Practices
CALIFORNIA
J • P - 1 • A
City of West Covina Initial Risk Management Evaluation [38)
Law Enforcement Services
Action Item: 2019-062
Observations:
The following was observed at the Police
Department:
o Evidence of leaks and/or other water
intrusion were present in the server room
and the female jail cell. Some of the
damage appears to be potentially
substantial. Water intrusion and the
presence of moisture in building materials
can foster the growth of mold and mildew.
o Regulated hazardous waste was idly
stored. It was not determined whether
plans were in place to remove this waste.
o Computer room server data cables are
unorganized and could present a trip and
fall hazard.
o Electric panelboards and switchboards
were obstructed with stored materials
and/or furnishings. Obscuring and
obstructing electric panelboard cabinets
and/or switchboards delays or prevents
access in an emergency.
Action Required:
The source of the water intrusion should be
determined and corrective action taken to
prevent recurrence.
Wall coverings, ceiling tiles, floor coverings, and
wall and ceiling insulation should be inspected to
identify the presence of damage or mold growth.
Both exposed and concealed surfaces should be
inspected.
Damaged and contaminated materials should be
removed and disposed of in a way that prevents
their continued use.
The entire damaged or contaminated area should
be cleaned and disinfected with an effective fungicide prior to installing new
materials.
CALIFORNIA
J P 1 A
City of West Covina Initial Risk Management Evaluation [39)
Regulated waste should be stored and removed in accordance with Agency policy
and other applicable regulations.
Practice cable management in server room to avoid potential trip & fall injuries.
Ensure that all electric panels in agency facilities have clear and unobstructed access
(minimum 30-inch clearance) and are properly labeled, closed, and latched,
consistent with the requirements of California Fire Code.
Standards:
California Code of Regulations, Title 8, Section 3362, Sanitation, General
Requirements; California Code of Regulations, Title 8, Section 3203 (a) (4);
California Code of Regulations, Title 8, Section 2340.16, Work Space About Electric
Equipment; California Code of Regulations, Title 19, Section 3.01, Basic Electrical
Regulations; California Code of Regulations, Title 24, Part 9, California Fire Code,
Section 605.3, Working Space and Clearance; 29 CFR 1910, Subpart S - Electrical
CALIFORNIA
J • P • 1 • A
City of West Covina Initial Risk Management Evaluation [40)
Fire Department Operations
Action Item: 2019-063
Observations:
Evidence of leaks and/or other water
intrusion was present at Fire Station 1.
Water intrusion and the presence of
moisture in building materials can foster
the growth of mold and mildew.
Action Required:
The source of the water intrusion
should be determined and corrective
action taken to prevent recurrence.
Wall coverings, ceiling tiles, floor coverings, and wall and ceiling insulation should be
inspected to identify the presence of damage or mold growth. Both exposed and
concealed surfaces should be inspected.
Damaged and contaminated materials should be removed and disposed of in a way
that prevents their continued use.
The entire damaged or contaminated area should be cleaned and disinfected with
an effective fungicide prior to installing new materials.
Standards:
California Code of Regulations, Title 8, Section 3362, Sanitation, General
Requirements; California Code of Regulations, Title 24, Section 3401.2, Maintenance
CAL IFORN[A
J - P • I , A
City of West Covina Initial Risk Management Evaluation [41]
Report Summary
The information noted in this report is based upon an assessment of your agency's
overall operations. Because the evaluation is only a snapshot in time, your agency
should continue evaluating its risk management practices, and take action as necessary
when conditions change. Your agency need not wait on a formal process to identify its
risk exposures.
Each observation was carefully documented, and attention was given to ensure its
accuracy. The observations identify risk exposures that, if not addressed, have the
potential to adversely impact your agency's operations. Thank you again for your
partnership in completing this undertaking.
CALIFORNIA
J • P - I - A
City of West Covina Initial Risk Management Evaluation [42]
Agency Exemplar
An Agency Exemplar has a structure in place to effectively lead agency -wide risk
management policies and practices. These policies and practices are part of the
organizational culture. Such policies and practices include the adoption and
implementation of the following:
1. Injury and Illness Prevention Program
2. Citizen complaint logging system
3. Americans with Disabilities Act Compliance Program
4. Safety/risk management committee
5. Records retention policy
6. Employee training programs
7. Environmental protection programs
8. Contracts administration
9. Evaluation of general liability claims for frequency and severity trends
10. Evaluation of workers' compensation claims frequency and severity trends
As the agency's leadership embraces risk management through agency -wide policies
and practices, each department and division will have their own areas of responsibilities
including:
1. Human Resources
Personnel manual
Employee handbook
Standard hiring practices
Safety manual
Cal/OSHA compliance training
Discrimination and harassment training
Discrimination and harassment complaint processing
Management, direction, and control of volunteers
Violence in the work place policy
OSHA 300 log and summary
DMV pull notice
Proper driver licenses
Supervisor training for reasonable suspicion testing for drug/alcohol abuse
Transitional return to work policy
Interactive/reasonable accommodation process (ADA/FEHA)
Job descriptions include job function analysis elements
Social media policy
Mandated reporter program and training
CALIFORNIA
J • P . 1 . A
City of West Covina Initial Risk Management Evaluation [43]
2. Public Works/Public Service
Supervisor Training
Safety training for field personnel based on job duties
Water treatment
Water distribution
Wastewater treatment
Sanitary sewer operations
Confined space
Trench spaces
Facilities maintenance
Fleet maintenance
Vehicle inspection and maintenance programs
Traffic control
Lockout/Blockout program
Sidewalk inspection and maintenance program
Tree inspection and maintenance program
Defensible space/vegetation management program
Proper driver licenses
3. Facilities and Infrastructure
Asbestos and lead based paint operations and maintenance programs and
awareness training
Facility inspection and maintenance program
Pavement management inspection and maintenance program
Parks and playground inspection and maintenance program
Streetlight inspection program
Power generation facilities protocols
Evaluation of property claims for frequency and severity trends
4. Recreation and Community Services
Participant waivers and application program
Facility use procedure and agreements
Proper indemnification and hold -harmless clauses in contracts
Compliant day care programs
Mandated reporter program and training
5. Animal Control (not applicable to agency)
Employee training
Policies and procedures for handling of animals
Waivers and indemnity agreements for animal release or adoption
6. Police Services (not applicable to agency)
Lexipol policy manual and daily training bulletin service
POST training requirements
CALIFORNIA
J • P , I • A
City of West Covina
Liability Payroll
Coverage
General
Year
Government
Police
Total
Trend
2013-2014
$ 21,627,633
$ 11,704,158
$ 33,331,791
2014-2015
21,110,646
11,503,190
32,613,836
-2.2%
2015-2016
21,990,816
11,217,577
33,208,393
1.8%
2016-2017
22,050,672
11,626,990
33,677,662
1.4%
2017-2018
24,693,139
12,608,030
37,301,169
10.8%
2018-2019
$ 23,085,920
$ 13,228,286
$ 36,314,207
-2.6%
Medicare Wages
Per IRS Form 941
Payroll
Per Application
201801
Police
$ 13,228,286
2018 Q2
Fire
9,976,298
2018 Q3
Other
13,109,623
201804
Total
$ 36,314,207
Total $
GG
23,085,920
PO
13,228,286
04 Annualized $
Total
$ 36,314,207
Note: Payroll data was delayed one year for underwriting purposes
City of West Covina Initial Risk Management Evaluation [44]
Fire Services (not applicable to agency)
Policy manual in place and current
Hearing protection
Special operational programs and training
Hazardous material
Trench rescue
Swift water rescue
Confined space entry
Advanced Life Support
Managed risks are of great importance. The consequences of ignoring their importance
include lost employee time, increased operational costs and payment of claims.
Furthermore, an agency's fiduciary responsibility means that it owes a high standard of
care to protect public funds. More importantly, the obligation to safeguard workers, the
public, and assets should compel every organization to manage risk effectively.
An Agency Exemplar must manage risk exposures by:
1. Examining feasible alternative for addressing exposures
2. Selecting and implementing best risk management techniques
3. Monitoring results of the chosen techniques to ensure effectiveness, and
modify if necessary
An Agency Exemplar must also view risk management holistically by recognizing its
scope:
1. Casualty and/or hazard risk (accidents — including property, liability,
personnel)
2. Cash flow risks (insufficient cash or assets to function normally in the event of
a major loss)
3. Operational risk (not being able to fulfill the organization's mission, exposing
the stakeholders, lack of succession planning)
4. Political risk (adverse action of governments that might expropriate or
excessively restrict or tax an organization's assets and activities)
5. Technological risk (failure to keep pace with changes in operating techniques,
and security protection)
6. Reputational risk (risk of loss resulting from not being able to maintain a
good name or standing)
In conclusion, an Agency Exemplar begins and ends with the belief that an individual
who is charged with managing the organization overall, then creates a culture in which
all others similarly are committed to risk management.
It is the Authority's desire to support each member in becoming an Agency Exemplar.
The Authority is committed to assisting each member in working toward this goal.
CALIFORNIA
J • P • 1 - A
City of West Covina
Liability Losses
Valuation Date: 1/31/2020, claim #1982620 updated as of 2/25/2020
Coverage Years: 2009-10 through 2018-19
Largest GL Claims
Claim #
Lead Claimant
GG/PO
Department
DOL
Cov. Yr.
Status
Description
Paid
Reserve
Total
Incurred
1982620
FRANCO JR, RICHA
PO
POLICE
12/15/17
2017-2018
Open
EXCESSIVE USE OF FORCE
$ 67,798
$ 4,582,202
$ 4,650,000
1932253
BRILEY, JASON
GG
FIRE NOT AMBUL
09/10/15
2015-2016
Open
WRONGFUL TERMINATION
399,397
4,184,721
4,584,117
1950926
RODRIGUEZ, JOSH
PO
POLICE
05/27/16
2015-2016
Closed
EXCESSIVE USE OF FORCE, K-9 UNIT, DOG BITE
1,109,141
-
1,109,141
1981811
MILLER, JESSE
PO
POLICE
12/11/17
2017-2018
Open
RETALIATION / EMPLOYMENT PRACTICES
120,646
879,354
1,000,000
1964108
GUTIERREZ, JULIAl
PO
POLICE
07/31/15
2015-2016
1 Open
CIVIL RIGHTS- EXCESSIVE USE OF FOOCE
254,634
1 547,367
802,001
1971586
VOLASGIS, JOSHU
PO
POLICE
08/28/17
2017-2018
Closed
EMPLOYMENT -HARASSEMENT
795,839
-
795,839
1992187
WEST COVINA FIRE
GG
FIRE (NOT AMBUL
06/02/15
2014-2015
Open
UNFAIR LABOR PRATICES
282,803
276,148
558,951
1935225
ALACHADZHYAN,
PO
POLICE
03/13/16
2015-2016
Closed
EXCESSIVE USE OF FORCE
513,694
-
513,694
1969903
MIRANDA-CARBAL
PO
POLICE
04/25/17
2016-2017
Closed
OFFICER INVOLED SHOOTING
508,309
-
508,309
1994841
Palacios, ANTHONY
PO
POLICE
02/25/17
2016-2017
Open
CIVIL RIGHTS- EXCESSIVE USE OF FORCE
43,103
399,136
442,239
1937299
IOANNIDIS, RIA
GG
CITYCLERK
12/01/15
2015-2016
Closed
WRONGFUL TERMINATION
349,444
-
349,444
1752078
KENNEDY, TYLER
PO
POLICE
09/30/10
2010-2011
Closed
EMPLOYMENT
346,247
346,247
1760852
ESPINOSA, JUAN
PO
POLICE
02/12/12
2011-2012
Closed
EXCESSIVE USE OF FORCE
246,047
246,047
1928062
BRAVO, OLGA
PO
POLICE
11/29/15
2015-2016
Closed
COLLISION-MISC/UNCLASSIFIE D
242,269
242,269
1885077
DOMINGUEZ, DEB13
GG
CITY MANAGER
04/18/14
2013-2014
Closed
EMPLOYMENT - HARASSEMENT
242,099
242,099
1918779
YEE, CHARLIE
PO
POLICE
08/08/15
2015-2016
Closed
OFFICER INVOLED SHOOTING
221,450
221,450
1752101
W ILBER, DANIEL
PO
POLICE
O6/12/11
2010-2011
Closed
MISC-FROM PERSONAL INJURY - POLICE
212,693
-
212,693
1986174
NATIONWIDE, ASO
PO
POLICE
O6/29/18
2017-2018
Closed
COLLISION-MISC/UNCLASSIFIE D
10,808
195,544
206,352
1857489
PEREZ, VERONICA
PO
POLICE
04/16/13
2012-2013
Closed
MISC-COMPLETED OPERATIONS
204,983
-
204,983
1974866
SOLANO, MARIA
GG
MAINTENANCE
08/22/17
2017-2018
Open
SLIP/FALL-PEDESTRIAN-ON SIDEWA
54,971
130,402
185,373
1868612
RAMIREZ,EDITH
PO
POLICE
10/14/13
2013-2014
Closed
CLAIMANT STRUCK -BY OBJECT -NOT
181,070
-
181,070
1752054
GOMEZ, RAQUEL
PO
POLICE
06/30/10
2009-2010
Closed
MISC-UNCLASSIFIED
178,966
-
178,966
1930270
LUEBE, CYNTHIA
GG
PUBLIC WORKS
08/28/15
2015-2016
Open
SLIP/FALL-PEDESTRIAN-ON SIDEWA
40,550
84,450
125,000
1896845
THE INLAND OVER
GG
CITY COUNCIL
10/21/14
2014-2015
Closed
MISC-UNCLASSIFIED
113,912
-
113,912
1752000
LENHARDT,GUADP
GG
PUBLIC WORKS
08/23/09
2009-2010
Closed
SLIP/FALL-PEDESTRIAN-ON SIDEWA
103,775
103,775
1953871
RIOS, KASEY
GG
FIRE NOT AMBUL
10/23/16
2016-2017
Closed
COLLISION-MISC/UNCLASSIFIE D
93,684
93,684
1751999
EL -SAID, SAM
PO
POLICE
09/16/09
2009-2010
Closed
MISC-UNCLASSIFIED
80,651
-
80,651
1988438
PROCTOR, REBEC
GG
MAINTENANCE
06/08/18
2017-2018
Open
MISC-IMPROPERLY MAINTAINED ROA
-
80,358
80,358
1960090
TORRES, JOE
GG
PUBLIC WORKS
12/02/16
2016-2017
Closed
MISC-UNCLASSIFIED
76,775
76,775
1985561
GLEN, SANDRA
GG
MAINTENANCE
04/09/18
2017-2018
Open
MISC-UNCLASSIFIED
2,258
72,743
75,000
1752107
FLANNERY, ARLEA
GG
PUBLIC WORKS
03/31/11
2010-2011
Closed
CLAIMANT STRUCK -AGAINST OBJECT
54,685
54,685
1929426
MIRAMONTES, CA
PO
POLICE
08/19/15
2015-2016
Closed
MISC-FROM PERSONAL INJURY
53,246
53,246
1983877
MORENO, JANIE
GG
MAINTENANCE
07/01/18
2018-2019
Open
SLIP/FALL-PEDESTRIAN-ON SIDEWA
1,6461
48,354
1 50,000
H
w
w
07
1 2009-2010
2 2010-2011
3 2011-2012
4 2012-2013
5 2013-2014
6 2014-2015
7 2015-2016
8 2016-2017
9 2017-2018
10 2018-2019
10 Year Avg
5 Year Avg
% in Layer 48.9%
1 2009-2010
2 2010-2011
3 2011-2012
4 2012-2013
5 2013-2014
6 2014-2015
7 2015-2016
8 2016-2017
9 2017-2018
10 2018-2019
10 Year Avg
5 Year Avg
% in Layer
City of West Covina
GL Frequency and Severity Stratification
General Government and Police
Zero
Between
Between
Between
Between
Between
Between
Value
$0-$250k
$250k-$500k
$500k-$750k
$750k-$1 m
$1 m-$1.5m
$1.5m-$2m
$2m+
Total
26
34
60
24
32
1
57
25
30
55
31
15
46
20
17
37
25
17
1
43
33
30
1
1
1
1
1
68
22
27
1
1
51
29
33
1
1
1
65
33
30
-
-
-
-
-
63
26.8
26.5
0.3
0.3
0.2
0.2
0.2
54.5
25.81
24.8
1 0.4
1 0.6
1 0.4
1 0.4
0.4
52.8
47.0% 0.8% 1.1 % 0.8% 0.8% 0.0% 0.8% 100.0%
Zero
Between
Between
Between
Between
Between
Between
Value
$0-$250k
$250k-$500k
$500k-$750k
$750k-$1 m
$1 m-$1.5m
$1.5m-$2m
$2m+
Total
$ 457,138
$ -
$
$
$
$
$
$ 457,138
662,481
96,247
758,728
294,751
-
294,751
241,254
241,254
473,534
-
473,534
468,225
250,000
58,951
777,176
2,085,762
1,099,444
763,694
552,001
609,141
500,000
2,584,117
8,194,160
791,650
442,239
8,309
-
-
-
-
1,242,198
1,448,735
750,000
750,000
545,839
500,000
500,000
2,650,000
7,144,573
255,936
-
-
-
-
-
-
255,936
$ 717,947
$ 263,793
$ 158,095
$ 109,784
$ 110,914
$ 100,000
$ 523,412
$ 1,983,945
$ 1,053,581
$ 508,337
$ 316,191
$ 219,568
$ 221,828
$ 200,000
$ 1,046,823
$ 3,566,328
29.5% 14.3% 8.9% 6.2%
6.2% 5.6% 29.4% 100.0%
City of West Covina
Liability Claim Bar Chart
General Government and Police
$9,000,000
$8,500,000
$8,000,000
$7,500,000
$7,000,000
$6,500,000
$6,000,000
$5,500,000
$5,000,000
$4,500,000
$4,000,000
$3,500,000
$3,000,000
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
City of West Covina
Liability Claim Scattergram
General Government and Police, All Claims
$5,000,000
$4,750,000
$4,500,000
$4,250,000
$4,000,000
$3,750,000
$3,500,000
$3,250,000
$3,000,000
$2,750,000
$2,500,000
$2,250,000
$2,000,000
$1,750,000
$1,500,000
$1,250,000
$1,000,000
$750,000
$500,000
$250,000
$0
'PN'p 'Lp"'N 'Lp'�2 'yp�3 'Lp0
$1,500,000
$1,400,000
$1,300,000
$1,200,000
$1,100,000
$1,000,000
$900,000
$800,000
$700,000
$600,000
$500,000
$400,000
$300,000
$200,000
$100,000
$0
10,
City of West Covina
Liability Claim Scattergram
General Government and Police, Claims Below $1.5M
10
CALIFORNIA
Excess Liability Program
Covered Party: City of West Covina
Coverage Term: 07/01/20 - 07/01/21
Cost Indication Date: 2/25/20
Annual Contribution
General Government
Police
Total
MRL Discount %
MRL Discount $
Rate per $100 of Payroll
General Government
Police
Blended
Cost Indication
Optional Member Retained Limits (MRLs)
$ 300k
$ 400k
$ 500k
$ 750k
$ 1 m
$ 1.5m
$ 2m
$ 534,700
$ 506,200
$ 484,100
$ 443,000
$ 414,600
$ 373,500
$ 348,200
966,700
896,400
838,900
733,400
658,300
546,400
479,300
$ 1,501,400
$ 1,402,600
$ 1,323,000
$ 1,176,400
$ 1,072,900
$ 919,900
$ 827,500
-7%
-12%
-22%
-29%
-39%
-45%
$ (98,800)
$ (178,400)
$ (325,000)
$ (428,500)
$ (581,500)
$ (673,900)
$ 2.32
$ 2.19
$ 2.10
$ 1.92
$ 1.80
$ 1.62
$ 1.51
7.31
6.78
6.34
5.54
4.98
4.13
3.62
4.13
3.86
3.64
3.24
2.95
2.53
2.28
Note: This is a preliminary cost indication based on data submitted to the California JPIA, as well as written and verbal representations made by staff members of the government agency applying for
membership. The amounts stated above may change, based on subsequent events, claim development, and new information regarding the risk profile of the applying agency, as it becomes available, up
until the completion of the underwriting process. Claims administration fees are excluded from the contributions stated above, and are expected to be approximately $48,900 annually.
11
Warren and Company for General Liability Claims Administration and Sedgwick for Workers'
Compensation Claims Administration and any related documents.
Authorize the Finance Director to fund and replenish reserve funds for the payment of the self -insured
retention (SIR) portion of general liability claims with Carl Warren and Company and Workers'
Compensation claims with Sedgwick; and
Approve the Certification of Director and Altemate(s) to CJPIA, appointing Councilmember Dario
Castellanos as Director, and appointing City Manager David Carmany, Mayor Tony Wu, Mayor Pro Tern
Letty Lopez-Viado, Councilmember Lloyd Johnson, and Councilmember Jessica Shewmaker as alternates to
represent the City Council.
BACKGROUND:
The City has been a member of the Big Independent Cities Excess Pool (BICEP) since July 2002. BICEP has
provided the City with Excess Insurance Coverage for both Workers' Compensation and General Liability for
losses in excess of $1 million. BICEP stopped operating as a vehicle for purchasing insurance in July 2019 and is
in the process of dissolution of their agency. Due to BICEP's dissolution, the City began exploring insurance
coverage elsewhere. Effective July 1, 2019, the City of West Covina joined the California State Association of
Counties Excess Insurance Authority (CSAC EIA) program as a direct member for Excess Workers' Compensation
and became a new member of the Liability program.
The City previously applied for California Joint Powers Insurance Authority (CJPIA) membership in fiscal year
2019-2020 and met with CJPIA staff to discuss identified exposures and risk management deficiencies, particularly
an unstable workforce within the City, that prevented further consideration of membership.
In February 2020, the City of West Covina reapplied for CJPIA membership and participation in the Authority's
Excess Liability, Excess Workers' Compensation, and Property Insurance Programs. CJPIA staff engaged in
constructive dialogue with City staff and encouraged remedial actions to address previous concerns. To that end,
City Council appointed David Carmany as its City Manager and the City has filled essential department head
positions.
DISCUSSION:
Staff has performed preliminary research on the availability and cost of insurance alternatives, both commercial
excess insurances and membership in other insurance pools. It is determined the most comprehensive excess
insurance programs are within the insurance pools. Favorably influencing the City's insurability has been the
stabilization of the City's staff particularly at the department head positions. Also, changing the risk exposure of
the City has been an aggressive risk management program, to minimize loss and exposure, and improve the overall
prospective member profile. The City has been able to demonstrate to CJPIA a commitment to risk management at
every level within the organization including the governing body, executive management team, department heads
and all staff.
Although the City is making significant improvements in stabilizing its workforce and incorporating risk
management practices mitigating its exposures, the Authority placed four membership conditions in order to protect
the pool and the members; 1) for claims categorized as employment practices liability, the city will have a separate
Member Retained Limit of $1,000,000 per occurrence, 2) delegation of settlement authority in the amount of
$750,000 to the CJPIA ($1,000,000 for employment practices claims), 3) delegation of claims handling authority
allowing the CJPIA to send notice of the rejection and shortening the timeframe in which to file a lawsuit to six
months, and 4) the city will be required to complete the action items noted in the Initial Risk Management
Evaluation report within 18 months.
On April 1, 2020, the CJPIA Underwriting Committee recommended approval to join the CJPIA.
On April 22, 2020, the Executive Committee approved the City of West Covina to join the CJPIA risk management
CALIFORNIA
] , P , I , A
Program Description: The excess workers' compensation allows members to choose from retained limits of $150k to $2 million. Members of
the excess workers' compensation program have full access to the Authority's innovative risk management and training programs, have a
dedicated claims management team, and utilize defense counsel from the Authority's pre -approved panel of attorneys. The program is
funded by members' annual contributions that cover the pooled layer of losses, operating expenses, and most training and risk management
program expenses. Members are responsible for self -owned trust accounts for member -retained claim payments and California state
assessments.
Coverage Limit:The program has statutory coverage limits and is funded at a confidence level of 70- 80%.
Pooled Retention: $1 m
Workers' Compensation Program
SIaU[
❑mn
S2M
Sim
CALIFORNIA
J , P - I , A
Public Safety: Public safety claims are pooled separately.
Claims Administration Fee: Claims administration fees are included
Claims Management: A collaborative process managed by the member for claims within the member's retention, utilizing the Authority's
designated claims administrator, Sedgwick, with oversight from and consultation with Authority staff, full-time dedicated client service team
implementing industry best practices with high quality performance standards. Each member determines how engaged they want to be in
the claims management process.
Defense Counsel: Members choose from the Authority's pre -approved panel of attorneys. Additions to the panel are considered upon
request.
Cost Containment Programs: Medical Provider Network, Nurse Case Management, Pharmacy Benefit Management, Early Return to Work
Program, Utilization Review, Bill Review
City of West Covina
Workers' Compensation Payroll
Coverage
General
Public
Year
Government
Safety
Total
Trend
2013-2014
$ 12,718,138
$ 20,613,653
$ 33,331,791
2014-2015
12,282,099
20,331,737
32,613,836
-2.2%
2015-2016
12,285,572
20,922,821
33,208,393
1.8%
2016-2017
12,282,548
21,395,114
33,677,662
1.4%
2017-2018
13,839,459
23,461,710
37,301,169
10.8%
2018-2019
$ 13,109,623
$ 23,204,584
$ 36,314,207
-2.6%
Medicare Wages
Per IRS Form 941
Payroll
Per Application
201801
Police
$ 13,228,286
2018 Q2
Fire
9,976,298
2018 Q3
Other
13,109,623
201804
Total
$ 36,314,207
Total $
GG
13,109,623
PS
23,204,584
04 Annualized $
Total
$ 36,314,207
Note: Payroll data was delayed one year for underwriting purposes
13
City of West Covina
Workers' Compensation Losses
Valuation Date: 12/31/2019
Coverage Years: 2009-10 through 2018-19
Largest WC Claims
Claim #
GG/PS
Department/Job
DOL
Cov. Yr.
Status
Body Part
Description
Paid
Reserve
Total
Incurred
WCWC-0731
PS
Police Department
10/15/09
2009-2010
O
MULTIPLE BODY PARTS
MISC; CUMULATIVE NOC
$ 320,728
$ 334,553
$ 655,281
WCWC-0997
PS
Fire Department
01/05/15
2014-2015
O
MULTIPLE BODY PARTS
MISC; CUMULATIVE NOC
47,174
378,300
425,474
WCWC-0948
PS
Police Department
11/01/14
2014-2015
O
MULTIPLE BODY PARTS
MISC; PERSON IN ACT OF CRIME
236,945
149,851
386,796
WCWD-2471
PS
Police Department
09/04/18
2018-2019
O
MULTIPLE BODY PARTS
STRAIN; REPETITIVE MOTION
110,506
208,921
319,427
WCWC-0903
I PS
Police Department
05/30/13
2012-2013
1 O
MULTIPLE BODY PARTS
MISC; OTHER - MISCELLANEOUS, NOC
265,324
46,450
311,774
WCWD-2426
PS
Fire Department
08/18/17
2017-2018
O
LOWER BACK AREA INC.
STRAIN; PUSHING OR PULLING
223,251
71,745
294,996
WCWC-0901
PS
Police Department
05/15/13
2012-2013
C
MULTIPLE BODY PARTS
RUBBED; REPETITIVE MOTION
260,067
-
260,067
WCWC-0738
PS
Police Department
01/12/10
2009-2010
O
LUMBAR AND/OR SACRAL
STRAIN; STRAIN OR INJURY BY, NOC
225,501
16,910
242,411
WCWD-2367
PS
Police Department
06/06/16
2015-2016
O
MULTIPLE BODY PARTS
INJURED BY; FELLOW WORKER, PATIENT, STU
167,952
73,696
241,648
WCWD-2461
PS
Police Department
05/23/18
2017-2018
O
UPPER ARM INCL. CLAVIC
INJURED BY; MOTOR VEHICLE
174,317
56,491
230,807
WCWC-0742
PS
Police Department
02/12/10
2009-2010
O
MULTIPLE BODY PARTS
MISC; OTHER THAN PHYSICAL CAUSE OF INJ.
136,679
65,756
202,435
WCWC-1006
GG
Public Works Department
04/01/15
2014-2015
O
HAND
INJURED BY; OBJECT HANDLED BY OTHERS
118,037
82,967
201,004
WCWD-2470
PS
Police Department
08/15/18
2018-2019
O
HAND
STRAIN; TWISTING
134,505
56,846
191,351
WCWC-2333
PS
Police Department
08/27/15
2015-2016
O
MULTIPLE BODY PARTS
MISC; CUMULATIVE NOC
152,746
13,076
165,822
WCWC-0828
PS
Police Department
09/23/11
2011-2012
O
SHOULDERS
MISC; OTHER - MISCELLANEOUS, NOC
127,607
35,208
162,815
WCWD-2468
PS
Police Department
08/09/18
2018-2019
O
EYES
INJURED BY; ANIMAL OR INSECT
118,304
43,658
161,961
WCWC-0733
PS
Fire Department
11/10/09
2009-2010
C
SHOULDERS
CAUGHT; OBJECT HANDLED
158,663
-
158,663
WCWC-0910
PS
Fire Department
01/31/14
2013-2014
O
MULTIPLE BODY PARTS
MISC; CUMULATIVE NOC
93,070
54,837
147,907
WCWD-2352
PS
Police Department
02/09/16
2015-2016
O
HAND
INJURED BY; ANIMAL OR INSECT
103,852
42,981
146,832
WCWD-2445
PS
Police Department
11/01/17
2017-2018
O
LOWER BACK AREA INC.
STRAIN; STRAIN OR INJURY BY, NOC
73,479
72,857
146,336
WCWC-0893
PS
Fire Department
03/07/13
2012-2013
O
KNEE
MISC; OTHER - MISCELLANEOUS, NOC
117,428
24,792
142,220
WCWD-2364
PS
Fire Department
05/27/16
2015-2016
O
KNEE
STRAIN; PUSHING OR PULLING
111,165
27,838
139,003
WCWD-2493
PS
Police Department
03/09/19
2018-2019
O
MULTIPLE BODY PARTS
VEHICLE; COLLIDE WITH OTHER VEHICLE
78,102
54,707
132,809
WCWD-2396
GG
Public Works Department
02/08/17
2016-2017
O
SHOULDERS
STRAIN; PUSHING OR PULLING
31,909
98,710
130,619
WCWD-2500
PS
Police Department
04/18/19
2018-2019
O
SHOULDERS
STRAIN; STRAIN OR INJURY BY, NOC
84,059
45,462
129,521
WCWC-1010
PS
Police Department
04/02/15
2014-2015
O
LUMBAR AND/OR SACRAL
MISC; CUMULATIVE NOC
67,425
61,519
128,944
WCWD-2373
GG
Public Works Department
08/18/16
2016-2017
O
LOWER LEG
MISC; CUMULATIVE NOC
72,773
48,389
121,162
WCWC-0889
PS
Fire Department
01/30/13
2012-2013
C
MULTIPLE BODY PARTS
STRAIN; LIFTING
120,144
-
120,144
WCWC-0855
PS
Police Department
05/07/12
2011-2012
C
KNEE
STRAIN; LIFTING
118,257
-
118,257
WCWC-1017
PS
Police Department
06/23/15
2014-2015
O
MULTIPLE BODY PARTS
STRAIN; STRAIN OR INJURY BY, NOC
87,865
28,473
116,338
WCWC-0944
PS
Fire Department
11/28/14
2014-2015
O
KNEE
STRAIN; STRAIN OR INJURY BY, NOC
97,871
11,471
109,342
WCWD-2508
PS
Police Department
05/20/19
2018-2019
O
LOWER LEG
STRAIN; STRAIN OR INJURY BY, NOC
63,921
44,979
108,900
WCWD-2339
PS
Fire Department
10/31/15
2015-2016
C
LOWER BACK AREA INC.
STRAIN; LIFTING
107,040
-
107,040
WCWC-0747
PS
Fire Department
03/17/10
2009-2010
C
MULTIPLE BODY PARTS
RUBBED; REPETITIVE MOTION
106,041
106,041
WCWC-0746
PS
Police Department
03/13/10
2009-2010
C
WRIST
MISC; OTHER - MISCELLANEOUS, NOC
104,266
104,266
1 2009-2010
2 2010-2011
3 2011-2012
4
2012-2013
U
5
2013-2014
w
6
2014-2015
D
7
2015-2016
w
8
2016-2017
cr
w
9
2017-2018
10
2018-2019
w
w
10 Year Avg
5 Year Avg
% in Layer 0.4%
1 2009-2010
2 2010-2011
3 2011-2012
4 2012-2013
5 2013-2014
6 2014-2015
7 2015-2016
8 2016-2017
9 2017-2018
10 2018-2019
10 Year Avg
5 Year Avg
% in Layer
City of West Covina
WC Frequency and Severity Stratification
Consolidated: General Government and Public Safety
Zero
Between
Between
Between
Between
Between
Between
Value
$1-$250k
$250k-$500k
$500k-$750k
$750k-$1 m
$1 m-$1.5m
$1.5m-$2m
$2m+
Total
41
1
42
1
50
51
48
48
44
2
46
56
56
55
2
57
1
48
49
48
-
48
39
1
40
2
48
1
-
51
0.4
47.7
0.6
0.1
48.8
0.2
49.2
0.6
50.0
98.4% 1.2% 0.0% 0.0% 0.0% 0.0% 0.0% 100.0%
Zero
Between
Between
Between
Between
Between
Between
Value
$1-$250k
$250k-$500k
$500k-$750k
$750k-$1 m
$1 m-$1.5m
$1.5m-$2m
$2m+
Total
$ 1,456,330
$ 250,000
$ 155,281
$
$
$
$
$ 1,861,611
720,165
-
-
720,165
646,356
-
646,356
1,444,973
71,841
1,516,813
533,436
-
533,436
1,577,311
312,270
1,889,581
1,199,361
-
1,199,361
1,063,323
-
1,063,323
1,013,063
44,996
1,058,059
1,936,586
69,427
-
2,006,012
$ 1,159,090
$ 74,853
$ 15,528
$
$
$
$
$ 1,249,472
$ 1,077,299
$ 71,453
$ -
$
$
$
$
$ 1,148,752
93.8% 6.2% 0.0% 0.0% 0.0% 0.0%
0.0% 100.0%
15
City of West Covina
Workers' Compensation Claim Bar Chart
Consolidated: General Government and Public Safety
$2,250,000
$2,000,000 $1,861,611 $1,889,581
$1,750,000
$1,500,000
$1,250,000
$1,000,000
$750,000
$500,000
$250,000
$1,199,361
$1,063,323 $1,058,059
16
$700,000
$650,000
$600,000
$550,000
$500,000
$450,000
$400,000
$350,000
$300,000
$250,000
$200,000
$150,000
$100,000
$50,000
$0
,roe
City of West Covina
Workers' Compensation Claim Scattergram
Consolidated: General Government and Public Safety
17
CALIFORNIA
Excess Workers' Compensation Program
Covered Party: City of West Covina
Coverage Term: 07/01/20 - 07/01/21
Cost Indication Date: 2/25/20
Annual Contribution
General Government
Public Safety
Total
MRL Discount %
MRL Discount $
Rate per $100 of Payroll
General Government
Public Safety
Blended
Cost Indication
Optional Member Retained Limits (MRLs)
$ 300k
$ 400k
$ 500k
$ 750k
$ 1 m
$ 1.5m
$ 2m
$ 127,900
$
119,000
$ 113,000
$
105,000
$
101,000
$
96,000
$
95,000
445,800
390,900
350,000
284,800
246,500
196,600
174,900
$ 573,700
$
509,900
$ 463,000
$
389,800
$
347,500
$
292,600
$
269,900
-11 %
-19%
-32%
-39%
-49%
-53%
$
(63,800)
$ (110,700)
$
(183,900)
$
(226,200)
$
(281,100)
$
(303,800)
$ 0.98
$
0.91
$ 0.86
$
0.80
$
0.77
$
0.73
$
0.72
1.92
1.68
1.51
1.23
1.06
0.85
0.75
1.58
1.40
1.27
1.07
0.96
0.81
0.74
Note: This is a preliminary cost indication based on data submitted to the California JPIA, as well as written and verbal representations made by staff members of the government agency applying for
membership. The amounts stated above may change, based on subsequent events, claim development, and new information regarding the risk profile of the applying agency, as it becomes available, up
until the completion of the underwriting process. Claims administration fees are included in this cost indication, however the California state assessment is only included for the Primary Program (first dollar
coverage).
18
CALIFORNIA
J , P - I , A
Program Description: The property program includes all-risk coverage for real and personal property, including buildings, office furniture
and equipment, fine art, contractor's equipment, mobile and unlicensed equipment, vehicles, property of others while in the member's care,
and buildings under construction. Optional coverage is available for earthquake and flood, high -value emergency vehicles, and mechanical
breakdown.
Please refer to attached property program insurance summaries for detailed information on limits/coverage,
sub -limits, and deductibles.
Property Program
$500M
Excess
Landmark Amencan
(Sublimits apply)
$150M
Excess
EQ & Flood
$100M
Empire Indemnity
QBE Specialty
Hudson Specially
Everest Indemnity
Princeton E&S
$75M
E
$50M
2
F
$25M
Reinsurance
Pnma7ry Layer
Lloyd's and Markel
85M
PAD
CALIFORNIA
J , P - I , A
Program Description: The cyber liability program provides coverage for both first -and third -party claims. First -party coverage includes
privacy regulatory claims, security breach response, business income loss, dependent business income loss, digital asset restoration costs, and
cyber-extortion threats, while third -party coverage includes privacy liability, network security liability, and multimedia liability. Members work
directly with the reinsurer to investigate and respond to claims.
Coverage: First -Party Claims
• Privacy regulatory claims
Coverage is provided for regulatory fines, consumer redress funds, and claim expenses that the member becomes legally obligated to
pay as the result of a regulatory claim arising out of a privacy wrongful act.
• Security breach response
Coverage is provided for crisis management costs and breach response costs that the member incurs in the event of a security breach
with respect to personal, non-public information of others (including employees).
• Business income loss
Coverage is provided to cover earnings loss and/or expenses loss resulting from a covered loss.
• Deoendent business income loss
Coverage is provided to cover the lost income due to the shutdown/interruption of operations occurred at a "dependent" property,
which is defined as any third party, other than a service provider, on whom the member depends for products and/or services
required to conduct the member's business.
• Dioital asset restoration costs
Coverage is provided to cover the cost to recreate, rebuild or recollect digital assets defined as electronic data, including personally
identifiable, non-public information, or computer software over which the member has direct control or for which such control has
been contractually assigned by the member to a service provider.
• Cyber-extortion threat
Coverage is provided to cover the member for the loss resulting from a credible threat or connected series of threats to attack the
member's computer system/network made by someone other than the member.
Coverage: Third -Party Claims
• Privacy liability (including employee privacyl
Coverage is provided for damages and claim expenses that the member becomes legally obligated to pay as the result of a claim
arising out of a privacy wrongful act, which harms any third party or employee.
• Network security liability
Coverage is provided for damages and claim expenses that the member becomes legally obligated to pay as the result of a security
wrongful act.
• Multimedia liability
Coverage is provided for damages and claim expenses that the member becomes legally obligated to pay as the result of a
multimedia wrongful act.
Cost: Included for all members.
pool for the Authority's Excess Liability, Excess Workers' Compensation and Property Insurance Programs.
The below chart summarizes the coverages and cost (annual cost $1,635,400) for each insurance program as a
member of the California JPIA:
California JPIA Coverage Cost
Annual Cost
$1,072,900
N/A
$48,900
$1,121,800
$347,500
N/A
Included
$3479500
N/A
$136,100
$136,100
Included
$6,300
$23,700
$30,000
1$19635,400
Type Coverage
Coverage Limit
Excess General Liability
General Liability
$50,000,000
Self -Insured Retention
$1,000,000
Claims Administration
N/A
Total Excess General Liability Cost
Excess Workers Compensation
(WC)
WC Limit
Statutory
Self -Insured Retention
$1,000,000
Claims Administration
Total Excess Workers Compensation Cost
Property Insurance
$102,606,667
Property Limit
$500,000,000
Deductible
$10,000
Total Property Insurance Cost
Other Programs
Cyber Liability Premium
Included
Crime
Included
Pollution
Included
Total Other Programs
Total Annual Membership Cost
LEGAL REVIEW:
The City Attorney's Office has reviewed and approved the resolutions as to form.
Fiscal Impact
FISCAL IMPACT:
Cost for General Liability and Workers' Compensation Program at a self -insured retention (SIR) of $1,000,000,
Property Insurance and Other Programs (e.g. Cyber, Crime and Pollution) for Fiscal Year 2020-2021 is $1,635,400.
Coverage
Cost
Account
Excess General Liability
$1,121,800.00
361.15.1520.6411
Excess Workers' Compensation
$347,500.00
361.15.1510.6411
Property Insurance
$136,100.00
361.15.1520.6411
Other Programs (e.g. Cyber, Crime and Pollution)
$30,000.00
361.15.1520.6411
CALIFORNIA
J , P - I , A
Program Description: The California JPIA contracts with Alliant Insurance Services toad minister this program.
Coverage: Coverage is provided for the following exposures.
• Faithful Performance
Employee dishonesty, including theft, and failure of any employee to faithfully perform their duties. Includes all employees, the
agency treasurer, agency clerk and/or tax collector and any employee required by law to be individually bonded.
• Depositor's Forgery
Loss by forgery or alteration of, on or in any check, draft, promissory note or similar written promise, order or direction to pay money
that is made or drawn upon the member's accounts, including credit, debit, or charge cards, by someone acting as the member's
agent or that are purported to have been so made or drawn. This coverage protects you against forgery or alteration losses caused by
a person other than an employee.
• Crime- money and securities
Covers loss of your money or securities by theft, disappearance or destruction while they are on your premises or on banking
premises, or while your money or securities are outside your premises in the possession of a messenger. This coverage protects you
from theft, robbery and safe burglary caused by persons other than an employee.
• Computer Fraud
Theft directly related to the use of any computer to fraudulently cause a transfer of money, securities or other property from inside
the premises or banking premises to a person or place outside those premises.
Limits: $1,000,000 to $10,000,000 per Member (as selected by Member)
Deductible: $2,500 per occurrence (optional $25,000 per occurrence)
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The Authority's risk management activities form the backbone in efforts to reduce pool claims. These programs have historically involved
making valuable resources available to members. In 2006, the Authority initiated its Loss Control Action Plan (LossCAP) program as a means
to work more closely in these efforts. The program uses a project management model to help members succeed in better managing risk.
Regional Risk Managers are responsible for developing and maintaining relationships between the members and the Authority. This
responsibility includes consulting on complex issues of risk, facilitating and providing training, serving as a claims information liaison,
presenting and explaining risk financing information, and promoting the Authority's LossCAP activities.
The LossCAP Program: The Loss Control Action Plan program is the Authority's strategic approach to working with members to reduce risk.
The program's goal is to reduce the frequency and severity of claims through an integrated approach to managing a member's operational
risk exposures. LossCAP features include risk management evaluations, council and board training, contractual risk transfer analysis, staff
training, safety programs, employment intervention, and loss analysis.
LossCAP also supports the Authority's Healthy Member Protocol, which is essential to good governance and sound risk decisions at the
member level. The Healthy Member Protocol sets forth the members' responsibilities for governing in a manner that is consistent with the
Authority's values pertaining to the management of risk
In addition to LossCAP, the Authority provides a number of risk management services to assist members in addressing their exposures.
ADA Assistance Program: The ADA Assistance Program is a member -wide program that provides technical and finance resources in order to
help members achieve compliance with the Americans with Disabilities Act (ADA). The program is expected to be carried out for five years,
with roughly 20% of the membership receiving assistance each of the program years. Funding for members through this program is provided
in two broad areas: 1) ADA consulting services (from one of the Authority's strategic partners, Disability Access Consultants), and 2) ADA
compliance tracking software (known as "DACTrak"). ADA consulting services include the diagnostic/assessment of ADA compliance,
inspections of agency facilities and public rights of way, evaluation of programs and services, and assistance in the development of ADA
transition plans. An ADA financing program (funding for either the development of an ADA transition plan or the removal of barriers) is
currently under development by Authority staff and is planned to be rolled out to members in the near future.
Risk Technician Program: In order to fill the gap between the Authority's regional Risk Managers and member staff in working on critical loss
control action items, the Authority funds the Risk Technician Program. This program provides for work to be done by one of the Authority's
strategic partners, Poms and Associates. A Poms and Associates risk consultant collaborates with the member and the member's assigned
Authority Risk Manager to engage in short-term assignments that are meant to address loss control action items. The scope of this program
typically includes work in the context of policy writing and development, safety inspections, hazard assessments, safety meeting
participation, and subject -matter analysis and expertise.
Sidewalk Inspection and Maintenance Program: Members have access to a master services agreement for sidewalk inspection and
maintenance, negotiated between the Authority and Precision Concrete Cutting, a strategic partner. All work utilizing the master services
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agreement must be arranged between the member and Precision Concrete Cutting, including any contract, insurance requirements, scope of
work, and payment terms. The California Public Contract Code excludes maintenance work from bidding requirements related to public
works projects. This means that general law agencies likely can forgo requiring bids for this work. As always, members are advised to consult
with their agency attorney before proceeding to see if there are any restrictions or other requirements regarding the use of the master
services agreement.
Lexipol: Lexipol provides policy and training solutions that help public safety agencies reduce risk and avoid litigation. The Authority funds
the cost of a member's participation in the Law Enforcement Policy Manual Update and Daily Training Bulletin (DTB) subscriptions. As part of
the program, members are responsible for publishing their policy manuals and continually ensuring that new policies (or policy updates) are
reviewed and incorporated into the policy manual. Once members publish their policy manual, they are eligible to participate in the DTB
subscription program. A member's eligibility to continue the Lexipol subscriptions at the Authority's expense is determined by the member's
ability to stay up to date with the policies and trainings.
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The Authority has long provided training to members as a way to support professional training and development, and the Authority believes
training plays an important role in supporting risk management and good governance of members. For this reason, the majority of training
opportunities are provided to members at no additional cost. Members are encouraged to take advantage of training in furtherance of
creating a healthy, knowledgeable, and safe workforce. Ultimately, this means that training is essential in reducing claims experienced by the
pool.
Approach to Training
The California JPIA believes in a multi -faceted approach to learning. We recognize the purpose of training differs. For this reason the Authority
classifies training opportunities as follows: Regulatory, those that Cal -OSHA or other regulatory agencies require for our members to be in
legal compliance with the law; Loss Driven, those that address pool losses; Best Practices, those that are considered best risk management
practices; and Professional Development, those that enhance individual skills and better the organization.
Instructors
The California JPIA utilizes a pool of qualified subject -matter experts that understand the role of risk management in member operations. All
instructors are selected and managed by the Authority, and they adhere to strict codes of instructional and behavioral standards.
Member -Specific Training Plan
We realize that all members are not the same. The Authority will work with each member to develop a living training plan that outlines
requirements and recommendations for all memberjob functions.
Delivery Modes
The Authority recognizes the importance of training delivery by identifying which delivery mode provides the optimal learning environment,
which includes factors such as training topic, distance, job function, and cost. Following are the various modes used by the Authority:
• Classroom Trainina
Classroom Training is delivered face-to-face by an instructor in a classroom -like setting.
• E-learning Training
E-learning Training is the presentation of on -demand training content via the Internet, meaning that it can be viewed anytime and
anywhere.
• WebcastTraining
• Webcast Training originates from the California JPIA campus and is delivered through web -browser technology right to an
employee's computer.
Webinar Training
Webinar Training is carried out in an online meeting format directly between the instructor and the participant, and is viewed on any
computer.
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Academies
Academies are multi -day trainings that focus on various public sector disciplines, and use various instructors for presenting the academy
content.
• Executive Academy - No cost to members
• Human Resources Academy
• Leadership Academy
• Management Academy
• Newly Elected Officials Academy - No cost to members
• Parks and Recreation Academy
• Public Works Academy - No cost to members
• Risk Management Academy
Risk Management Educational Forum
The Educational Forum is a multi -day training that focuses on issues important to members of the pool and associated public -sector
disciplines. Registration is no cost to members.
Training Workshops
Following is a brief listing of training workshops offered by the Authority. All workshops are no cost to members.
• Workplace Harassment
• Handling Diversity in the Workplace
• Dealing Successfully with Customers
• Safe Workplaces
• Team Building and Team Communication
• Improving Employee Performance and Dealing with
Unacceptable Employee Behavior
• Conflict Resolution: Helping Employees Get Along
• Contractual Risk Transfer and Insurance Review
• Insurance 101
• Police Civil Liability: A Survival Guide
• Investigating Claims and Preserving Evidence
• Ergonomics - Field and Transit Personnel
• Ergonomics - Office Personnel
• CPR/AED/First-Aid Safety
• OSHA Recordkeeping
• Backhoe Operator Training
• Confined Space
• Traffic Control and Flagging Safety
• Respirator Certification
• Playground Safety
• Hearing Conservation / Heat Stress
ATTACHMENT
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Providing innovative risk management solutions
for our public agency partners
INTEGRITY
EXCELLENCE
INNOVATION
TEAMWORK
TABLE OF CONTENTS
ARTICLE1- DEFINITIONS....................................................................................................................................2
ARTICLE2 - PURPOSES..........................................................................................................................................3
ARTICLE 3 - PARTIES TO AGREEMENT............................................................................................................4
ARTICLE 4 - TERM OF AGREEMENT.................................................................................................................4
ARTICLE 5 - CREATION OF AUTHORITY.........................................................................................................4
ARTICLE 6 - POWERS OF AUTHORITY.............................................................................................................4
ARTICLE 7 - BOARD OF DIRECTORS.................................................................................................................5
ARTICLE 8 - POWERS OF THE BOARD OF DIRECTORS...............................................................................5
ARTICLE 9 - MEETINGS OF THE BOARD OF DIRECTORS...........................................................................6
ARTICLE 10 - EXECUTIVE COMMITTEE..........................................................................................................6
ARTICLE 11- POWERS OF THE EXECUTIVE COMMITTEE........................................................................6
ARTICLE 12 - MEETINGS OF THE EXECUTIVE COMMITTEE....................................................................7
ARTICLE 13 - CLAIMS COMMITTEE..................................................................................................................8
ARTICLE 14 - OFFICERS OF THE AUTHORITY...............................................................................................8
ARTICLE 15 - ADVISORY COMMITTEES...........................................................................................................9
ARTICLE16 - COVERAGE......................................................................................................................................9
ARTICLE 17 - DEVELOPMENT OF THE JOINT PROTECTION PROGRAMS.............................................9
ARTICLE 18 - ACCOUNTS AND RECORDS......................................................................................................10
ARTICLE 19 - RESPONSIBILITY FOR MONIES..............................................................................................11
ARTICLE 20 - RESPONSIBILITIES OF THE AUTHORITY............................................................................11
ARTICLE 21- RESPONSIBILITIES OF MEMBERS.........................................................................................12
ARTICLE22 - NEW MEMBERS............................................................................................................................13
ARTICLE 23 - PROGRAM PARTICIPATION....................................................................................................14
ARTICLE24 - WITHDRAWAL.............................................................................................................................15
ARTICLE 25 - EFFECT OF WITHDRAWAL......................................................................................................15
ARTICLE 26 - CANCELLATION OF PROGRAM PARTICIPATION.............................................................16
ARTICLE 27 - CANCELLATION OF MEMBERSHIP.......................................................................................16
ARTICLE 28 - CANCELLATION FOR NON-PAYMENT..................................................................................16
ARTICLE 29 - ATTORNEY FEES AND COSTS OF COLLECTION...............................................................17
ARTICLE 30 - TERMINATION AND DISTRIBUTION.....................................................................................17
ARTICLE 31- PROVISION FOR BYLAWS.........................................................................................................18
ARTICLE 32 - NOTICES.........................................................................................................................................18
ARTICLE 33 - PROVISION FOR MAILED BALLOTS.....................................................................................18
ARTICLE 34 - AMENDMENT................................................................................................................................19
ARTICLE 35 - PROHIBITION AGAINST ASSIGNMENT................................................................................19
ARTICLE 36 - AGREEMENT COMPLETE.........................................................................................................19
JOINT POWERS AGREEMENT
CREATING THE CALIFORNIA
JOINT POWERS INSURANCE AUTHORITY
THIS AGREEMENT is made and entered into by and among the public entities
organized and existing under the Constitution or laws of the State of California, hereinafter
collectively referred to as "Members" and individually as "Member," that are parties signatory to
this Agreement. Said Members are sometimes referred to herein as "parties."
RECITALS:
WHEREAS, California Government Code Section 6500 et seq. provides that two or more
public agencies may by agreement jointly exercise any power common to the contracting parties;
and
WHEREAS, California Government Code Section 990.4 provides that a local public
entity may self -insure, purchase insurance through an authorized carrier, or purchase insurance
through a surplus line broker, or any combination of these; and
WHEREAS, California Government Code Section 990.8 provides that two or more local
public entities may, by a joint powers agreement, provide insurance for any purpose by any one
or more of the methods specified in Government Code Section 990.4; and
WHEREAS, each of the parties to this Agreement desires to join together with the other
parties for the purpose of pooling their self -insured losses and jointly purchasing excess
insurance and administrative services in connection with one or more joint protection programs
for said parties; and
WHEREAS, it appears economically feasible and practical for the parties to this
Agreement to do so;
NOW, THEREFORE, for and in consideration of all of the mutual benefits, covenants
and agreements contained herein, the parties hereto agree as follows:
Joint Powers Agreement Page 1 of 19 Amended July 17, 2019
ARTICLE 1- DEFINITIONS
The following definitions shall apply to the provisions of this Agreement:
(a) "Advisory Committee" shall mean the Managers Committee, Finance Officers
Committee, Risk Managers Committee and any other committee created by the Board of
Directors or Executive Committee for the purpose of providing specialized advice to the Board
of Directors or Executive Committee on the subject matter brought before it.
(b) "Alternate" shall mean that person or persons selected by the legislative body of
each Member to represent the Member at the Board of Directors meeting in the absence of the
Director, pursuant to Article 7 of this Agreement.
(c) "Authority" shall mean the California Joint Powers Insurance Authority created
by this Agreement.
(d) "Board of Directors" or "Board" shall mean the governing body of the Authority.
(e) "Chief Executive Officer" shall mean that employee of the Authority who is
appointed by the Executive Committee, and is granted authority and responsibility for the
management and administration of the Authority and its joint protection programs.
(f) "Claims" shall mean demands made against the Authority, a Member, or
Members arising out of occurrences that are within an Authority joint protection program as
developed by the Executive Committee.
(g) "Contribution" shall mean an amount determined by the Executive Committee
that is to be paid by the Member as its established share of funding required to cover the
financial obligations of each joint protection program in which the member participates.
(h) "Director" shall mean that person selected by and from the legislative body of
each Member to represent the Member on the Board of Directors pursuant to Article 7 of this
Agreement.
(i) "Executive Committee" shall mean the Executive Committee of the Board of
Directors of the Authority.
0) "Finance Officers Committee" shall mean the committee of the Authority
composed of the Finance Directors or chief finance officers of the Members by whatever title
locally designated.
(k) "Fiscal Year" shall mean that period of twelve months that is established as the
fiscal year of the Authority.
Joint Powers Agreement Page 2 of 19 Amended July 17, 2019
(1) "Insurance" shall mean and include pooled self-insurance through a funded
program and/or any commercial insurance, excess insurance, or reinsurance contract purchased
on behalf of the Authority to protect the funds of the Authority against catastrophes or an
unusual frequency of losses during a specific protection period.
(m) "Managers Committee" shall mean the committee of the Authority composed of
the City Managers, City Administrators, or chief executive officers of the Members by whatever
title locally designated.
(n) "Risk Managers Committee" shall mean the committee of the Authority
composed of the Risk Managers or risk officers of the Members by whatever title locally
designated.
(o) "Secretary" shall mean the person selected by the Executive Committee from
among its members to serve as Secretary of the Authority.
(p) "Treasurer" shall mean the person selected by the Executive Committee to serve
as Treasurer of the Authority.
ARTICLE 2 - PURPOSES
This agreement is entered into by the Members pursuant to the provisions of California
Government Code Sections 990, 990.4, 990.8, and 6500 et sea. in order to provide more
comprehensive and economical protection from financial loss, to reduce the amount and
frequency of their losses, and to decrease the cost incurred in the handling and litigation of
claims. This purpose shall be accomplished through the exercise of the powers of the Members
jointly in the creation of a separate entity, the California Joint Powers Insurance Authority (the
Authority), to administer joint protection programs wherein Members will pool their losses and
claims, jointly purchase insurance and administrative and other services, including claims
adjusting, data processing, risk management consulting, loss prevention, training, legal, and
related services.
It is also the purpose of this Agreement to provide, to the extent permitted by law, for the
inclusion at a subsequent date of such additional public entities organized and existing under the
Constitution or laws of the State of California as may desire to become parties to this Agreement.
Joint Powers Agreement Page 3 of 19 Amended July 17, 2019
Attachments
Attachment No. 1 - CJPIA Cost Indication and Membership Information
Attachment No. 2 - CJPIA Joint Powers Agreement
Attachment No. 3 - CJPIA Bylaws
3 Attachment No. 4 - Resolution 2020-37 Authorizing Membership with CJPIA
Attachment No. 5 - Resolution 2020-38
Attachment No. 6 - Resolution No. 2020-39
Attachment No. 7 - Resolution 2020-40
Attachment No. 8 - Certification of Director & Alternates to CJPIA
Attachment No. 9 - Initial Risk Management Evaluation - IRME
CITY COUNCIL GOALS & OBJECTIVES: Achieve Fiscal Sustainability and Financial Stability
Respond to the Global COVID-19 Pandemic
ARTICLE 3 - PARTIES TO AGREEMENT
Each party to this Agreement certifies that it intends to and does contract with all other
parties who are signatories of this Agreement and, in addition, with such other parties as may
later be added as parties to and signatories of this Agreement pursuant to Article 22. Each party
to this Agreement also certifies that the deletion of any party from this Agreement, pursuant to
Articles 24, 26, 27, or 28 shall not affect this Agreement nor such party's intent to contract as
described above with the other parties to the Agreement then remaining.
ARTICLE 4 - TERM OF AGREEMENT
This Agreement became effective on June 29, 1977, and shall continue until and unless
terminated as hereinafter provided.
ARTICLE 5 - CREATION OF AUTHORITY
Pursuant to Section 6500 et seq. of the California Government Code, there is hereby
created a public entity separate and apart from the parties hereto, to be known as the California
Joint Powers Insurance Authority. Pursuant to Government Code Section 6508.1, the debts,
liabilities and obligations of the Authority shall not constitute debts, liabilities or obligations of
any party to this Agreement; except with respect to public retirement system liabilities, which
shall be governed by Sections 6508.1 and 6508.2.
ARTICLE 6 - POWERS OF AUTHORITY
(a) The Authority shall have the powers common to its Members and is hereby
authorized to do all acts necessary for the exercise of said common powers, including, but not
limited to, any or all of the following:
1. To make and enter into contracts;
2. To incur debts, liabilities or obligations;
3. To acquire, hold or dispose of property, contributions and donations of
property, funds, services and other forms of assistance from persons,
firms, corporations and governmental entities;
4. To sue and be sued in its own name; and
5. To exercise all powers necessary and proper to carry out the terms and
provisions of this Agreement, or otherwise authorized by law.
Joint Powers Agreement Page 4 of 19 Amended July 17, 2019
(b) Said powers shall be exercised pursuant to the terms hereof and in the manner
provided by law and are subject to the restrictions upon the manner of exercising the powers of
the City of Lakewood.
ARTICLE 7 - BOARD OF DIRECTORS
(a) The Authority shall be governed by the Board of Directors that is hereby
established and that shall be composed of one representative Director from each Member, who
shall be selected from the legislative body of that Member by the process chosen by the Member.
(b) Each legislative body, in addition to appointing its Director of the Board, shall
appoint at least one alternate who shall be an officer or employee of the Member. The alternate
shall have the authority to attend, participate in, and vote at any meeting of the Board when the
regular Director for whom he or she is an alternate is absent from said meeting.
ARTICLE 8 - POWERS OF THE BOARD OF DIRECTORS
The Board of Directors of the Authority shall have the following powers and functions:
(a) The Board shall elect from its members pursuant to Article 10 of this Agreement
an Executive Committee, to which it may give authority to make and implement any decisions,
including those involving the administration of the Authority, except those decisions that would
require an amendment of this Agreement, under Article 34 herein.
(a) The Board shall adopt the operating budget of the Authority.
(b) The Board may review all acts of the Executive Committee, including
development of the memoranda of coverage, and shall have the power to modify and/or override
any decision or action of the Executive Committee upon a majority vote of a quorum of the
Board of Directors.
(c) The Board shall receive and review periodic accountings of all funds under
Articles 18 and 19 of this Agreement.
(d) The Board shall have the power to conduct on behalf of the Authority all business
of the Authority, including that assigned to the Executive Committee, that the Authority may
conduct under the provisions hereof and pursuant to law.
(e) The Board shall have such other powers and functions as are provided for in this
Agreement.
Joint Powers Agreement Page 5 of 19 Amended July 17, 2019
(f) The Board shall not have the power to overturn the decisions of the Claims
Committee in regard to the settlement of claims.
ARTICLE 9 - MEETINGS OF THE BOARD OF DIRECTORS
(a) Meetings. The Board shall provide for its regular, adjourned regular, and special
meetings; provided, however, that it shall hold at least one regular meeting annually at a time and
place determined by the Executive Committee.
(b) Minutes. The Secretary of the Authority shall cause minutes of regular, adjourned
regular, and special meetings to be kept and shall, as soon as possible after each meeting, cause a
copy of the minutes to be forwarded to each member of the Board.
(c) Quorum. A majority of the Directors or Alternates of the Board shall constitute a
quorum for the transaction of business, except that less than a quorum may adjourn from time to
time. A vote of the majority of those Directors or Alternates present at a meeting shall be
sufficient to constitute action by the Board.
(d) Compliance with the Brown Act. All meetings of the Board, including, without
limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held, and
conducted in accordance with the provisions of the Ralph M. Brown Act, California Government
Code Section 54950 et sea.
ARTICLE 10 - EXECUTIVE COMMITTEE
There shall be an Executive Committee of the Board of Directors that shall consist of
nine (9) members. Two of the members of the Executive Committee shall be the President and
Vice President of the Board of Directors. The other members of the Executive Committee shall
be elected by the Board of Directors at the Annual Meeting for the terms provided in the Bylaws.
The President of the Authority, or the Vice President in his or her absence, shall serve as the
Chairperson of the Executive Committee.
ARTICLE 11- POWERS OF THE EXECUTIVE COMMITTEE
The Executive Committee of the Board of Directors shall have the following powers:
(a) The Executive Committee shall determine and select joint protection programs for
the Authority including adoption of language of the Memoranda of Coverage and any limitations
or endorsements to such Memoranda.
Joint Powers Agreement Page 6 of 19 Amended July 17, 2019
(b) The Executive Committee shall determine and select all insurance necessary to
carry out the joint protection programs of the Authority.
(c) The Executive Committee shall have the authority to approve membership in the
Authority and Member participation in one or more joint protection programs in accordance with
Articles 22 and 23.
(d) The Executive Committee shall have the authority to cancel Member participation
in one or more joint protection programs in accordance with Articles 26 and 28.
(e) The Executive Committee shall develop the operating budget of the Authority.
(f) The Executive Committee shall have authority to contract for or develop various
services for the Authority, including, but not limited to, claims adjusting, loss control, and risk
management consulting services.
(g) The Executive Committee shall receive and act upon reports of the Advisory
Committees and the Chief Executive Officer.
(h) The Executive Committee shall appoint the Treasurer and Chief Executive Officer
of the Authority.
(i) The Executive Committee shall have the power to hire such persons as the
Executive Committee deems necessary for the administration of the Authority.
0) The Executive Committee shall have the general supervisory and policy control
over the day-to-day decisions and administrative activities of the Chief Executive Officer of the
Authority.
(k) The Executive Committee shall have such other powers and functions as are
provided for in this Agreement or as delegated by the Board of Directors, including the power to
create committees it deems necessary.
ARTICLE 12 - MEETINGS OF THE EXECUTIVE COMMITTEE
The meetings of the Executive Committee shall be held and conducted in the same
manner as the meetings of the Board of Directors, provided for in Article 9 of this Agreement.
In addition, the Committee shall make periodic reports to the Board of Directors, advising the
Board of its decisions and activities concerning the implementation of the joint protection
programs of the Authority.
Joint Powers Agreement Page 7 of 19 Amended July 17, 2019
ARTICLE 13 - CLAIMS COMMITTEE
The Executive Committee members, together with the Chairs of the Managers Committee
and the Finance Officers Committee, shall sit as the Claims Committee of the Authority. The
Claims Committee shall have authority to make all determinations regarding defense, indemnity,
and settlement of claims under the Memoranda of Coverage. Decisions of the Claims
Committee regarding settlement of claims shall be final and not subject to further review.
Decisions regarding coverage for defense or indemnity of claims shall be final, but subject to the
Member's appeal rights as detailed in the applicable Memorandum of Coverage.
ARTICLE 14 - OFFICERS OF THE AUTHORITY
(a) President and Vice President. The Board shall elect a President and Vice
President of the Authority, each to hold office for a two-year term, except as hereinafter
provided, and until a successor is elected. The election of the President and Vice President shall
be on alternate years. In the event the President so elected ceases to be a member of the Board,
or for other reasons is unable to serve, the Vice President shall assume the position of President
and serve the remainder of the prior President's unexpired term. In the event the Vice President
so elected ceases to be a member of the Board, or for other reasons is unable to serve, the
Executive Committee shall select from among its membership a new Vice President who shall
serve the remainder of the unexpired term.
(b) Chief Executive Officer. The Chief Executive Officer shall be authorized and
responsible for the overall management and administration of the Authority and its joint
protection programs and shall select and appoint all employees.
(c) Secretary. The Secretary shall be responsible for all minutes, notices and records
of the Authority and shall perform such other duties as may be assigned by the Executive
Committee.
(d) Treasurer. The duties of the Treasurer are set forth in Articles 18 and 19 of this
Agreement.
(e) Attorney. The Executive Committee shall select an attorney for the Authority.
The attorney shall serve at the pleasure of the Executive Committee.
(f) The Executive Committee shall have the power to appoint such other officers as
may be necessary in order to carry out the purposes of this Agreement.
Joint Powers Agreement Page 8 of 19 Amended July 17, 2019
ARTICLE 15 - ADVISORY COMMITTEES
The Board of Directors or Executive Committee may establish Advisory Committees as deemed
necessary. Such Committees shall meet from time to time as deemed necessary by them, and
shall make recommendations to the Executive Committee based upon their expertise.
ARTICLE 16 - COVERAGE
(a) The coverage provided for Members through the Authority's joint protection
programs may include protection for Personal Injury, Errors and Omissions, Contractual and
Comprehensive Liability, Workers' Compensation and such other areas of coverage as the
Executive Committee may determine. Such coverage may be through insurance as defined in
Article 1.
(b) The Authority shall maintain limits of coverage for Members determined by the
Executive Committee to be adequate. The Executive Committee may arrange for a group policy
to be issued for Members interested in obtaining additional coverage above the limits of
coverage at an additional cost to those participating Members.
(c) The Executive Committee shall arrange for the purchase of insurance it deems
necessary to protect the funds of the Authority against catastrophes. The Executive Committee
shall have the authority to discontinue purchase of this insurance, if at a future time the
Executive Committee determines that it is no longer needed to protect the Authority's funds.
ARTICLE 17 - DEVELOPMENT OF THE JOINT PROTECTION PROGRAMS
(a) The joint protection programs provided by the Authority shall extend to agencies
or authorities as determined in the Memorandum of Coverage of each program.
(b) The cost allocation formula for each joint protection program shall be adopted by
the Executive Committee.
(c) The contribution for each Member's participation in a joint protection program
shall be determined by the Executive Committee.
(d) The cost allocation formula adopted by the Executive Committee for each joint
protection program may provide for retrospective adjustments, and each Member shall pay any
additional contribution required by such retrospective adjustment.
Joint Powers Agreement Page 9 of 19 Amended July 17, 2019
(e) The Executive Committee may provide for payment of a portion of such
contributions to be made over a period of time on terms set by the Executive Committee.
(f) The Executive Committee may expand the Authority's offerings of joint
protection programs to make available for Members' protection in addition to that which is
provided for in this Agreement.
(g) Contributions held by the Authority for each joint protection program shall be
accounted for separately, so that only Members participating in the program will share in pooled
losses and expenses of that program. This separate accounting shall not prohibit the Authority
from commingling contributions for purposes of investment, nor from paying losses or expenses
when due from all available funds. As deemed appropriate, the Executive Committee may
provide for inter -program transfers in the forms of loans, letters of credit, or other financial
arrangements that stipulate that the lending program will be made whole by the borrowing
program through the timely repayment of principal and compensation for the value of lost
investment earnings during the financing period.
ARTICLE 18 - ACCOUNTS AND RECORDS
(a) Budget. The Authority shall adopt an operating budget, pursuant to Article 11(e)
of this Agreement.
(b) Funds and Accounts. The Treasurer of the Authority shall establish and maintain
such funds and accounts as may be required by good accounting practice or by the Executive
Committee. Books and records of the Authority in the hands of the Treasurer shall be open to
any inspection at all reasonable times by representatives of a Member.
(c) Treasurer's Report. The Treasurer, within 270 days after the close of each fiscal
year, shall give a complete written report of all financial activities for such fiscal year to the
Board and to each Member.
(d) Annual Audit. The Executive Committee shall provide for a certified, annual
audit of the accounts and records of the Authority. The audit shall conform to generally accepted
auditing standards. When such an audit of the accounts and records is made by a Certified
Public Accountant, a report thereof shall be filed as a public record with each of the Members.
Such report shall be filed within nine months of the end of the year under examination.
Joint Powers Agreement Page 10 of 19 Amended July 17, 2019
(e) Costs. Any costs of the audit, including contracts with, or employment of,
Certified Public Accountants, in making an audit pursuant to this Article, shall be borne by the
Authority and shall be considered included within the term "administrative costs."
ARTICLE 19 - RESPONSIBILITY FOR MONIES
(a) The Treasurer of the Authority shall have the custody of and disburse the
Authority's funds. He or she shall have the authority to delegate the signatory function of
Treasurer to such persons as are authorized by the Executive Committee.
(b) A bond or other insurance protection providing coverage for embezzlement or
other criminal acts in an amount determined by the Executive Committee to be adequate shall be
required of all officers and personnel authorized to disburse funds of the Authority. The cost of
such bond or insurance protection shall be paid for by the Authority.
(c) The Treasurer of the Authority shall perform the duties described in California
Government Code Sections 6505.5 and 6505.6 pertaining to the receipt, safekeeping, payment,
and reporting of Authority funds.
ARTICLE 20 - RESPONSIBILITIES OF THE AUTHORITY
The Authority shall perform the following functions in discharging its responsibilities
under this Agreement:
(a) Provide loss protection as necessary, through various means including but not
limited to insurance or other financial risk transfer, by negotiation or bid and purchase.
(b) Assist Members in obtaining coverage for risks not included within the joint
protection programs of the Authority.
(c) Assist each Member's assigned risk manager with the implementation of that
function within the Member.
(d) Provide loss prevention and safety and consulting services to Members as
required, which may include programs for grants or loans to Members for loss prevention or
safety purposes.
(e) Provide claims adjusting and subrogation services for claims covered by the
Authority's joint protection programs.
Joint Powers Agreement Page 11 of 19 Amended July 17, 2019
(f) Provide loss control and analysis by the use of statistical analysis, data processing,
and record and file keeping services, in order to identify high exposure operations and to
evaluate proper levels of self -retention and deductibles.
(g) Provide contract review when requested by Members to determine sufficiency of
indemnity and insurance provisions.
(h) Conduct risk management evaluations of each Member to encourage
implementation of best risk management practices.
(i) The Authority shall have standing and shall pursue recovery in its own name or in
the name of a Member for losses covered by a joint protection program. Such recovery may be
through subrogation, cross complaint, or salvage, as appropriate.
0) The Authority shall have such other responsibilities as deemed necessary by the
Board of Directors or Executive Committee in order to carry out the purposes of this Agreement.
ARTICLE 21- RESPONSIBILITIES OF MEMBERS
Members shall have the following responsibilities:
(a) The legislative body of each Member shall appoint a representative and at least
one alternate representative to the Board of Directors, pursuant to Article 7 of this Agreement.
(b) Each Member shall appoint an employee to be responsible for the risk
management function of that Member, and to serve as a liaison between the Member and the
Authority as to risk management.
(c) Each Member shall maintain an active safety officer and/or committee, and shall
consider all recommendations of the Authority concerning unsafe practices or exposures.
(d) Each Member shall pay its contribution and any retrospective adjustment
promptly to the Authority when due. After withdrawal or termination, each Member shall pay
promptly to the Authority its share of any additional contribution, when and if required of it by
the Executive Committee under Articles 24, 25, 26, 27, and 28 of this Agreement.
(e) Each Member shall report all claims to the Authority in accordance with the
policies and procedures governing the joint protection program to which the claim applies.
(f) Each Member shall provide the Authority with such other information or
assistance as may be necessary for the Authority to carry out the joint protection programs under
this Agreement.
Joint Powers Agreement Page 12 of 19 Amended July 17, 2019
(g) Each Member shall cooperate with and assist the Authority in the pursuit of
recoveries for losses covered by a joint protection program, including assigning its right to
recover subrogated amounts, and if necessary, executing a written agreement to effect such
assignment.
(h) Each Member shall in any and all ways cooperate with and assist the Authority,
and any insurer of a joint protection program, in all matters relating to this Agreement and
covered losses, and will comply with all bylaws, rules and regulations adopted by the Board of
Directors and Executive Committee.
(i) Each Member shall actively participate in the Authority's Risk Management
Evaluation and Loss Control Action Plan (LossCAP) programs.
ARTICLE 22 - NEW MEMBERS
The Authority shall allow entry of new Members approved by the Executive Committee.
(a) Executive Committee approval for new Members shall be according to the
following procedure:
1. Investigation of each potential member by Authority staff and preparation
of a report;
2. Review of the report by the Underwriting Committee, which shall then be
forwarded to all Directors for review and comment;
3. Review by the Directors and submittal of comments to the Chief
Executive Officer during the comment period; and
4. Approval by a two-thirds vote of the Executive Committee.
(b) Membership is effective immediately upon approval by the Executive Committee
and execution of this Agreement by the new Member to join the Authority.
(c) A Member entering under this Article may be required to pay its share of
organization expenses as determined by the Executive Committee including those necessary to
analyze its loss data and determine its contributions.
(d) Should the Board of Directors rescind the membership approval made by the
Executive Committee pursuant to Article 8(b), the Member shall be given at least ninety days
advance notice of the effective date of termination of Membership, and the Member shall be
Joint Powers Agreement Page 13 of 19 Amended July 17, 2019
ATTACHMENT I
City of West Covina
Cost Indication - February 25, 2020
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treated as if it had withdrawn on the effective date, and shall have the same responsibilities as if
the Member had voluntarily withdrawn on the effective date.
(e) New Members, accepted into membership after July 1, 2016, shall have
provisional membership status throughout the initial five years of membership. During the
provisional membership period:
1. The Authority reserves the right to retrospectively adjust the cost of
coverage for provisional Members based on actual claims development, in
the event that it varies materially from claims data provided to the
Authority at the time of the initial underwriting; and
2. The Authority reserves the right to terminate membership of any
provisional Member at the end of a protection period, with or without
cause, by a two-thirds vote of the Executive Committee, provided the
Executive Committee gives the provisional Member at least ninety days
advance notice of the effective date of the termination of membership.
3. A provisional Member subject to termination under Paragraph 2, above,
may appeal said termination to a panel of five chief executives randomly
selected from the other Members.
(f) If a provisional Member does not complete five successive years of membership
in good standing, due to withdrawal or termination, that provisional Member is not eligible to
receive in any refunds, dividends, or equity distributions that may occur during the provisional
membership period or at any time thereafter.
ARTICLE 23 - PROGRAM PARTICIPATION
The Authority shall allow for the participation of Members in the joint protection
programs as approved by the Executive Committee.
(a) Executive Committee approval for new Members shall be according to the
following procedure:
1. Investigation of a potential participant by Authority staff and preparation
of a report;
2. Consideration of the report by the Underwriting Committee with a
recommendation to the Executive Committee; and
Joint Powers Agreement Page 14 of 19 Amended July 17, 2019
3. Approval by a two-thirds vote of the Executive Committee,
(b) Program participation is effective immediately upon approval by the Executive
Committee and execution of appropriate resolutions and/or other documents by the new
participant allowing participation in the joint protection program.
(c) A Member entering into a joint protection program may be required to pay its
share of program development expenses as determined by the Executive Committee including
those necessary to analyze its loss data and determine its contributions.
(d) Should the Board of Directors rescind the program participation approval made
by the Executive Committee pursuant to Article 8(b), the Member shall be given at least ninety
days advance notice of the effective date of termination of program participation, and the
Member shall be treated as if it had withdrawn on the effective date, and shall have the same
responsibilities as if the Member had voluntarily withdrawn on the effective date.
ARTICLE 24 - WITHDRAWAL
(a) A Member that enters into this Agreement may not withdraw as a party to this
Agreement and as a Member of the Authority for a three-year period commencing on the
effective date of its membership.
(b) A Member that enters into a joint protection program may not withdraw as a
participant in that program for a three-year period commencing on the effective date of its
participation in the joint protection program.
(c) After the initial three-year non -cancellable commitment to membership in the
Authority or participation in a joint protection program, a Member may withdraw only at the end
of any protection period, provided it has given the Authority a twelve-month written notice of its
intent to withdraw from this Agreement and/or any joint protection programs in which it
participates.
ARTICLE 25 - EFFECT OF WITHDRAWAL
(a) The withdrawal of any Member from this Agreement shall not terminate the
Agreement, and no Member by withdrawing shall be entitled to payment or return of any
deposits, contributions, consideration or property paid, or donated by the Member to the
Authority, or to any distribution of assets.
Joint Powers Agreement Page 15 of 19 Amended July 17, 2019
(b) The withdrawal of any Member from participation in a joint protection program
shall not terminate the Member's responsibility to contribute its share of contributions or funds
to the program until all claims, or other unpaid liabilities, covering the period the Member was
signatory hereto have been finally resolved and a determination of the final amount of payments
due from the Member or credits to the Member for the period of its participation has been made
by the Executive Committee. In connection with this determination, the Executive Committee
may exercise similar powers to those provided for in the Article 30(c) of this Agreement.
ARTICLE 26 - CANCELLATION OF PROGRAM PARTICIPATION
The Executive Committee shall have the right to cancel any Member's participation in one or
more joint protection programs upon the recommendation of the Chief Executive Officer and in
accordance with the Healthy Members Practices and Procedures protocol. Any Member so
cancelled shall on the effective date of the cancellation be treated the same and shall have the
same responsibilities as if the Member had voluntarily withdrawn from the joint protection
program.
ARTICLE 27 - CANCELLATION OF MEMBERSHIP
The Board of Directors shall have the right to cancel the membership of any Member
based upon a three -fourths vote of the entire Board of Directors. Any Member so cancelled shall
on the effective date of the cancellation be treated the same as if the Member had voluntarily
withdrawn from membership, and said Member shall have the same responsibilities.
Cancellation, as specified above, shall be within the sole discretion of the Board of Directors and
may occur with or without cause, and the Board's discretion shall not be subject to any further
review or appeal.
ARTICLE 28 - CANCELLATION FOR NON-PAYMENT
In the absence of a payment plan as authorized in Article 17(e), any Member's
participation in a joint protection program may be cancelled automatically in the event of a
failure of the Member to pay any contribution as required in this Agreement. Should any
contribution remain unpaid more than thirty (30) days after receipt of notice by the Member, the
Authority will send a notice advising the Member that it is in default under the terms of this
Agreement, and that the Member's participation will be cancelled within thirty (30) additional
Joint Powers Agreement Page 16 of 19 Amended July 17, 2019
days unless full payment is received. Failure to make full payment as required in the notice of
default shall be considered a withdrawal by the Member from the program effective on the date
of cancellation specified in the notice of default; and no coverage shall apply to any claims
submitted subsequent to the effective date of cancellation that arise from occurrences taking
place during the current protection period. A Member cancelled for non-payment shall remain
liable for a prorated share of the current year's contribution and for all retrospective adjustment
contributions through the date of cancellation and attributable to prior years of coverage in which
it participated.
ARTICLE 29 - ATTORNEY FEES AND COSTS OF COLLECTION
Should any Member or former Member fail to pay any contribution or retrospective
adjustment contribution when due, the Member shall also be liable to the Authority for attorney
fees and costs incurred by the Authority in pursuing collection of such sums.
ARTICLE 30 - TERMINATION AND DISTRIBUTION
(a) This Agreement may be terminated by the written consent of three -fourths of the
Members; provided, however, that this Agreement and the Authority shall continue to exist for
the purpose of disposing of all claims, distribution of assets and all other functions necessary to
wind up the affairs of the Authority.
(b) Upon termination of this Agreement, all assets of the Authority shall be
distributed only among the parties that have been Members of a joint protection program,
including any of those parties that previously withdrew pursuant to Article 24 of this Agreement,
in accordance with and proportionate to their cash (including contributions) payments and
property (at market value when received) contributions made reduced by their share of losses and
expenses paid during the term of this Agreement. The Executive Committee shall determine
such distribution within six months after the last pending claim or loss covered by this
Agreement has been finally disposed of.
(c) The Executive Committee is vested with all powers of the Authority for the
purpose of winding up and dissolving the business affairs of the Authority. These powers shall
include the power to require Members, including those that were Members at the time a claim
arose or at the time a loss was incurred, to pay their share of any additional amount of
Joint Powers Agreement Page 17 of 19 Amended July 17, 2019
contribution deemed necessary by the Executive Committee for final disposition of all claims
and losses covered by this Agreement. A Member's share of such additional contributions shall
be determined on the same basis as that provided for annual contributions in Article 17 of this
Agreement, and shall be treated as if it were the next year's annual contribution for that Member.
(d) In the absence of an Executive Committee, the Secretary shall exercise all powers
and authority under this Article. The decision of the Executive Committee or Secretary under
this Article shall be final.
(e) A provisional Member that does not complete five years of membership pursuant
to Article 22 shall not be entitled to any distribution of assets upon termination of this
Agreement.
ARTICLE 31- PROVISION FOR BYLAWS
The Board shall cause to be developed Authority Bylaws. Each Member shall receive a
copy of any Bylaws developed under this Article.
ARTICLE 32 - NOTICES
Notices to Members hereunder shall be sufficient if delivered to the administrative office
of the respective Member. Delivery may be by U.S. Mail, email, or other form of notice
acceptable under the Ralph M. Brown Act.
ARTICLE 33 — PROVISION FOR MAILED BALLOTS
Unless specifically prohibited elsewhere within this Agreement or the Bylaws, all actions
contemplated by the Board of Directors may be voted on by the Members by mailed ballot as
defined in the Bylaws. This shall not include the election of officers or members of the
Executive Committee. Actions taken by mailed ballot shall require the same percentage of votes
cast by the entire Membership as the percentage that would be required of a quorum voting on an
item at a Board of Directors meeting.
Joint Powers Agreement Page 18 of 19 Amended July 17, 2019
ARTICLE 34 - AMENDMENT
With the exception of Article 27, this agreement may be amended by two-thirds vote of
the Directors present at a duly held Board of Directors meeting, or by a two-thirds vote of
the Membership for an amendment placed before the Membership by mailed ballot. Amendment
to Article 27 shall require a three -fourths vote of the entire Board of Directors at a duly held
Board of Directors meeting, or by a three -fourths vote of the Membership for an amendment
placed before the Membership by mailed ballot.
ARTICLE 35 - PROHIBITION AGAINST ASSIGNMENT
With the exception of Article 21 (g), no Member may assign any right, claim or interest it
may have under this Agreement, and no creditor, assignee or third party beneficiary of any
Member shall have any right, claim or title to any part, share, interest, fund, contribution, or asset
of the Authority.
ARTICLE 36 - AGREEMENT COMPLETE
The foregoing constitutes the full and complete Agreement of the parties. There are no
oral understandings or agreements not set forth in writing herein.
IN WTINESS WHEREOF, the parties hereto have first executed this Agreement by
authorized officials thereof on the date indicated below.
Date:
MEMBER:
By:
Joint Powers Agreement Page 19 of 19 Amended July 17, 2019
ATTACHMENT
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for our public agency partners
INTEGRITY
EXCELLENCE
INNOVATION
TEAMWORK
BYLAWS
TABLE OF CONTENTS
ARTICLEI — OFFICES..............................................................................................................1
Section 1.
Principal Executive Office. 1
Section 2.
Other Offices. 1
ARTICLE II - BOARD OF DIRECTORS.................................................................................1
Section 1.
Composition and Selection. 1
Section 2.
Vacancies. 2
Section 3.
Annual Meeting. 2
Section 4.
Special Meetings. 3
Section 5.
Place of Meetings. 3
Section 6.
Quorum. 4
Section 7.
Adjourned Meetings. 4
Section 8.
Voting. 4
Section 9.
Inspectors of Election. 5
ARTICLE III - EXECUTIVE COMMITTEE........................................................................... 6
Section 1.
Number of Members. 6
Section 2.
Composition, Selection and Term of Office. 6
Section 3.
Vacancies. 7
Section 4.
Resignation. 8
Section 5.
Removal of Executive Committee or its Individual Members by Board of Directors._ 8
Section 6.
Regular Meetings. 8
Section 7.
Special Meetings. 8
Section 8.
Actions at Meetings. 9
Section 9.
Adjourned Meetings. 10
ARTICLE IV
— CLAIMS COMMITTEE................................................................................10
Section 1.
Composition. 10
Section 2.
Meetings. 10
ARTICLE V - ADVISORY COMMITTEES...........................................................................11
Section 1.
Managers Committee. 11
Section 2.
Finance Officers Committee. 11
Section 3.
Underwriting Committee. 12
Section 4.
Other Committees 12
Section 5.
Meetings. 12
ARTICLE VI
- OFFICERS AND EMPLOYEES....................................................................12
Section 1.
Officers. 13
Section 2.
Election and Term of Office. 13
Section 3.
Other Officers and Employees. 13
Section 4.
Vacancies. 13
Section 5.
Removal and Resignation. 13
Section 6.
President. 14
Section 7.
Vice President. 14
Section 8.
Secretary. 14
Section 9.
Treasurer. 15
Section 10.
Chief Executive Officer 15
ARTICLE VII
- MISCELLANEOUS.......................................................................................15
Section 1.
Rules and Regulations of Joint Protection Programs. 15
Section 2.
Annual Report. 16
Section 3.
Defense of Agents of the Authority. 16
Section 4.
Inspection of Authority Records. 16
Section 5.
Checks and Drafts. 16
Section 6.
Register of Demands. 17
Section 7.
Execution of Contracts. 17
Section 8.
Rules of Procedure for Meetings. 17
ARTICLE VIII
- AMENDMENTS TO BYLAWS..................................................................18
Section 1.
Power of Board of Directors. 18
Section 2.
Power of Executive Committee. 18
lll
BYLAWS
FOR THE REGULATION, EXCEPT AS OTHERWISE PROVIDED BY
STATUTE, OR THE AGREEMENT CREATING THE AUTHORITY, OF THE
CALIFORNIA JOINT POWERS INSURANCE AUTHORITY
ARTICLE I — OFFICES
Section 1. Principal Executive Office.
The principal executive office for the transaction of the business of the Authority is hereby fixed
and located at 8081 Moody Street, La Palma, California 90623. The Executive Committee of the
Authority shall have the authority to change the location of the principal executive office from
time to time. Any such change shall be noted on the Bylaws by the Secretary, opposite this
section, or this section may be amended to state the new location.
Section 2. Other Offices.
Other business offices may at any time be established by the Executive Committee at any place
or places where the Authority is qualified to do business.
ARTICLE II - BOARD OF DIRECTORS
Section 1. Composition and Selection.
The Board of Directors shall be composed of one Director from each Member of the Authority,
who shall be a member of and selected by the legislative body of that Member, as provided for in
the Agreement creating the Authority. Each legislative body shall also appoint at least one
alternate, who shall be an officer or employee of that Member. The alternate may attend
meetings and vote in the absence of the Director. One person may be duly appointed by more
than one Member as the Director representing those Members. "Absence," as the term is used in
this section, includes 'vacancy" as defined in Section 2 of this Article II. "Director" as the term
is used in these Bylaws includes an "alternate" serving in the absence of the Director.
Bylaws Page 1 of 18 Amended July 17, 2019
CALIFORNIA
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History
The California JPIA was established in 1978 for the purpose of providing liability protection for its members. Today, the California JPIA is one
of the largest municipal self-insurance pools in the state, with over 100 participating members.
The members take an active role in determining the programs and services provided by the Authority. Councilmembers/board members, city
managers/chief executives, finance officers, and risk managers all participate in directing the progression of the organization toward a
properly maintained and risk -free environment.
The California JPIA works with the members to reduce the frequency and severity of claims. Through risk analysis and continuing education,
the Authority helps its members identify exposures and prevent losses. Each member agency is assigned a professional Risk Manager to serve
its specific needs and to help the agency determine its risk management strategy.
Members
The Authority's membership is composed of 116 municipal agencies throughout California:92 cities, 18joint powers authorities, and six
special districts. The strength of the California JPIA consists of its diverse members and their role in shaping an organization that provides
important coverage for their operations. These members have put in place programs that have proven their endurance over time and have
taken decisive action to ensure continuance of the ideals present when the California JPIA was first formed.
Governance
The Board of Directors consists of one individual from the governing board of each member of the Authority. The nine members of the
Executive Committee are chosen by the Board of Directors, and are elected as president, vice president, and seven at -large directors to
oversee the Authority's affairs. The Executive Committee meets monthly to review and approve policies related to the California JPIA's many
programs and services. In addition, the Executive Committee also carries out ex-officio responsibility for Claims, Budget, Bylaws, and
Personnel Committees. Chairs for the Authority's advisory committees, Managers and Finance Officers, are also participants in Executive
Committee and Claims Committee meetings.
This Managers Committee carries the voice of member managers and chief executives, providing guidance on programs and service delivery.
It also hears items brought before the Finance Officers Committee. The Managers Committee meets on the second Monday of the second
month of each quarter, and is chaired by Thaddeus McCormack, City Manager for the City of Lakewood.
The Finance Officers Committee carries the voice of member finance officers, playing an important role in advising the Authority on
investment policy and performance, budget, cost allocation, and general finance related issues. The Finance Officers Committee meets on the
second Thursday of the second month of each quarter, and is chaired by Jose Gomez, Director of Administrative Services for the City of
Lakewood.
If a Member's membership in the Authority is terminated for whatever reason and by whatever
method, that Member shall no longer have a representative on the Board of Directors, Executive
Committee, or any other Committee of the Authority.
Section 2. Vacancies.
A vacancy or vacancies on the Board of Directors shall be deemed to exist in case of death,
resignation, expiration of term, removal by the Member that made the appointment, or when the
Director ceases to be a member of the legislative body of the appointing Member. Vacancies in
the positions of Director or alternate or alternates shall be filled in the manner provided for
regular appointment of such persons in the Agreement creating the Authority and the Bylaws.
Section 3. Annual Meeting.
(a) Time Held and Business to be Transacted.
The annual meeting of the Board of Directors shall be held in July of each year or at such
other time as may be designated by the Executive Committee. At such meeting the
President and Vice President of the Authority and other members of the Executive
Committee shall be elected as provided in Article III, reports of the affairs of the
Authority shall be considered, and any other business may be transacted that is within the
powers of the Board of Directors.
(b) Notice.
Written notice of each annual meeting shall be given to each Member of the Authority by
mail, email, or other means of written communication, in the manner provided by the
Ralph M. Brown Act, California Government Code Section 54950, et seq. Such notice
shall specify:
(1) the place, the date, and the hour of such meeting;
(2) those matters that are intended to be presented for action or review by the Board
of Directors;
(3) if officers and members of the Executive Committee are to be elected, the names
of nominees intended at the time of the notice to be presented for election;
Bylaws Page 2 of 18 Amended July 17, 2019
(4) the general nature of any proposal to be presented for action with respect to
approval of (i) a new Member, (ii) a contract or other transaction of the Authority
with an interested Member, (iii) amendment of the Agreement creating the
Authority, (iv) the cancellation of a Member's participation in a joint protection
program, (v) voluntary termination of the Agreement creating the Authority, or
(vi) a distribution of program assets upon program dissolution; and
(5) such other matters, if any, as may be expressly required by statute or by the
Agreement creating the Authority.
Section 4. Special Meetings.
Special meetings of the Board of Directors, for the purpose of taking any action permitted by
statute and the Agreement creating the Authority, may be called at any time by the President, or
by the Vice President in the absence or disability of the President, or by the Executive
Committee of the Authority or by not less than ten (10) Members. Upon request in writing that a
special meeting of the Board of Directors be called for any proper purpose, directed to the
President, Vice President, or Secretary of the Authority, by any person or persons entitled to call
a special meeting of the Board of Directors, the officer receiving such request forthwith shall
cause notice to be given to the Members that a meeting will be held at a time requested by the
person or persons calling the meeting, not less than fifteen (15) nor more than sixty (60) days
after receipt of the request. Notice of any special meeting shall be given in compliance with the
Ralph M. Brown Act, California Government Code Section 54950, et seq. Such notice shall
specify the place, date and hour of such meeting, and, if applicable, the names of nominees for
officers or members of the Executive Committee intended at the time of the notice to be
presented for election and the nature of the business to be transacted. No business other than that
specified in the notice of the special meeting may be transacted at that meeting.
Section 5. Place of Meetings.
All annual or other meetings of the Board of Directors shall be held at a place within the State of
California designated by the Executive Committee by resolution.
Bylaws Page 3 of 18 Amended July 17, 2019
Section 6. Quorum.
At any meeting, the presence in person or by approved teleconference by the Director or
alternate of a majority of the Members shall constitute a quorum for the transaction of business.
Section 7. Adjourned Meetings.
(a) Adjournment.
Any meeting of the Board of Directors may be adjourned from time to time by the vote of
a majority of the Directors present.
(b) Notice.
When any meeting of the Board of Directors is adjourned for forty-five (45) days or
more, notice of the adjourned meeting shall be given as in the case of an original meeting.
Except as specifically provided herein, or by the Ralph M. Brown Act, it shall not be
necessary to give any notice of the time and place of the adjourned meeting or of the
business to be transacted thereat, other than by announcement of the time and place
thereof at the meeting at which such adjournment is taken.
Section 8. Voting.
Unless a record date for voting purposes is fixed by the Executive Committee, Members that are
Members on the day of the meeting of the Board of Directors shall be entitled to vote at such
meeting. Such vote may be by voice vote or ballot; provided, however, that all elections for
officers or members of the Executive Committee must be by ballot upon demand made by a
Director at any election and before the voting begins. If a quorum is present, the affirmative vote
of the majority of the Members represented at the meeting shall be the act of the Board, unless
the vote of a greater number is required by the Agreement creating the Authority or by statute. A
meeting at which a quorum is initially present may continue to transact business notwithstanding
the withdrawal of Directors, provided that any action taken is approved by a number of Directors
at least equal to a majority (or greater number if required) of the number required for a quorum
for such meeting. Every Member shall have one vote to be exercised by its Director. If one
person has been duly appointed by more than one Member as the Director representing those
Bylaws Page 4 of 18 Amended July 17, 2019
Members, said person shall have the right to cast votes equal to the number of Members for
which he or she has been appointed as Director.
Ballots shall have imprinted on them, the name of the Member on whose behalf a ballot is cast.
Ballots shall be open to inspection and public disclosure. A Director has the right to change his
or her vote up to the time the vote is finally announced and thereafter only with permission of the
Board of Directors prior to adjournment. No Director may change his or her vote, nor may
anyone challenge the vote of any Director after the results have been announced, except by the
consent of the Board of Directors, and then only prior to adjournment of the meeting at which the
vote was cast. Written proxies or powers of attorney casting the vote for any Director, directing
any Director to vote in a particular fashion, or acting in the place and stead of any Director, are
not acceptable. The vote of each Director or his or her alternate shall not be challenged on the
basis that said Director or alternate voted contrary to the express will of the legislative body of
the Member for which he or she acts.
Section 9. Inspectors of Election.
(a) Appointment.
In advance of any meeting of the Board of Directors, the Executive Committee may
appoint any persons, other than nominees for office, as inspectors of election to act at
such meeting or any adjournment thereof. If inspectors of election are not so appointed,
the President, or Vice President in his or her absence, may, and on the request of any
Director or alternate, shall make such appointment at the meeting. The number of
inspectors shall be either one (1) or three (3), at least one of whom shall be a member of
the Board of Directors. In case any person appointed as inspector fails to appear or fails
or refuses to act, the vacancy may, and on the request of any Director, shall be filled by
appointment by the Executive Committee in advance of the meeting, or at the meeting by
the President, or the Vice President in his or her absence.
(b) Duties.
Bylaws Page 5 of 18 Amended July 17, 2019
The duties of such inspectors shall include: Determining the current number of
Members, the Members represented at the meeting, and the existence of a quorum;
receiving votes, ballots or consents; hearing and determining all challenges and questions
in any way arising in connection with the right to vote; counting and tabulating all votes
or consents; determining when the polls shall close; determining the result; and such acts
as may be proper to conduct the election or vote with fairness to all Members.
(c) Procedure.
The inspectors of election shall perform their duties impartially, in good faith, to the best
of their ability and as expeditiously as is practical. The decision, act or certificate of a
majority of the inspectors shall be effective in all respects as the decision, act or
certificate of all. Any report or certificate made by the inspectors of election is prima
facie evidence of the facts stated therein.
ARTICLE III - EXECUTIVE COMMITTEE
Section 1. Number of Members.
The authorized number of members of the Executive Committee shall be nine (9), until and
unless changed by amendment of this Section, duly adopted by the vote or written consent of a
majority of the Board of Directors, and subject to the limitations in the Agreement creating the
Authority.
Section 2. Composition, Selection and Term of Office.
The Executive Committee shall consist of the President, Vice President and seven other members
elected by the Board of Directors from the members of the Board.
The terms of office of the Executive Committee members shall be for a term of two years or until
he or she resigns or is removed or otherwise disqualified to serve. Members of the Executive
Committee shall hold office until their successors are elected.
Bylaws Page 6 of 18 Amended July 17, 2019
The President, or in his or her absence, the Vice President, shall serve as Chairperson of the
Executive Committee.
Section 3. Vacancies.
(a) Creation of Vacancies.
A vacancy or vacancies in the Executive Committee shall be deemed to exist in case of
the death, resignation, expiration of term, termination of membership on the Board of
Directors, removal of any Executive Committee member by the Board of Directors,
declaration of unsound mind by order of court, conviction of a felony, increase in the
authorized number of members by amendment of the Agreement creating the Authority,
or if the Board of Directors fail, at any annual or special meeting of the Board at which
any members of the Executive Committee are elected, to elect the full authorized number
of Executive Committee members to be voted for at that meeting. A vacancy in the
Executive Committee may further be created by removal of any member by the
Executive Committee when such member has been absent from two or more regular
meetings of the Executive Committee without advance excuse approved by the Executive
Committee during any one year (from July 1 to June 30), and the Executive Committee
determines, after reviewing the circumstances of said absences, that such member should
be removed.
(b) Vacancies Filled by Executive Committee.
Vacancies in the Executive Committee, except for a vacancy created by the removal of an
Executive Committee member, may be filled by appointment by a majority of the
remaining members of the Executive Committee, though less than a quorum, or by a sole
remaining member of the Executive Committee, and each member so appointed shall
hold office until the expiration of the term of the vacated seat.
(c) Vacancies Filled by Board of Directors.
The Board of Directors may elect a member of the Executive Committee at any time to
fill any vacancy or vacancies or seat filled on an interim basis by the Executive
Bylaws Page 7 of 18 Amended July 17, 2019
Committee. A vacancy in the Executive Committee created by the removal of a member
by the Board of Directors may be filled only by the vote of a majority of the Directors
present at a duly held meeting of the Board of Directors.
Section 4. Resignation.
Any Executive Committee member may resign effective upon written notice to the President, the
Vice President, the Secretary or the Board of Directors of the Authority, unless the notice
specifies a later time for the effectiveness of such resignation. A vacancy created by such
resignation shall be filled pursuant to Article III, Section 3.
Section 5. Removal of Executive Committee or its Individual Members by Board of
Directors.
The entire Executive Committee or any of its individual members may be removed from office
by a two-thirds vote of the Directors present at a duly held meeting of the Board of Directors.
Section 6. Regular Meetings.
(a) Regular Meetings.
The Executive Committee shall hold a regular monthly meeting. In the event a meeting
date falls on a holiday or conflicts with another activity of the Authority or its Members,
the President and Chief Executive Officer may confer, and the President will reschedule
the monthly meeting to a more convenient date, giving notice to all Members.
(b) Call and Notice.
No further call or notice of regular meetings need be given, except as is required to
comply with the Ralph M. Brown Act, California Government Code Section 54950 et
seq.
Section 7. Special Meetings.
(a) Call.
Bylaws Page 8 of 18 Amended July 17, 2019
Special meetings of the Executive Committee for any purpose or purposes may be called
at any time by the President, the Vice President, the Secretary, any two members of the
Executive Committee, or the Chief Executive Officer.
(b) Notice.
Notice of the time and place of special meetings shall be given in writing to the members
of the Executive Committee, delivered personally, by mail, email, or other approved
method of delivery to each member at least 24 hours before the time of such meeting.
Such notice shall specify the business to be transacted at the meeting and no business
other than that specified in the notice shall be transacted at that meeting. Said notice
shall be given in compliance with the Ralph M. Brown Act, California Government Code
Section 54950 et seq.
Section 8. Actions at Meetings.
The President, or in his or her absence, the Vice President shall serve as the Chairperson of the
Executive Committee. The presence of a majority of the authorized number of Executive
Committee members at a meeting constitutes a quorum for the transaction of business, except as
hereinafter provided. Members of the Executive Committee may participate in a meeting
through use of conference telephone or similar communications equipment, so long as all
members participating in such meeting can hear one another; such participation in a meeting
constitutes presence in person at such meeting. Every act or decision done or made by a majority
of the Executive Committee members present at a meeting duly held at which a quorum is
present shall be regarded as the act of the Executive Committee, unless a greater number is
required by law, by the Agreement creating the Authority, or by these Bylaws. A meeting at
which a quorum is initially present may continue to transact business notwithstanding the
withdrawal of members, provided that any action taken is approved by a number of members at
least equal to a majority (or greater number if required) of the number required for a quorum for
such meeting.
Bylaws Page 9 of 18 Amended July 17, 2019
Section 9. Adjourned Meetings.
(a) Adjournment.
A quorum of the members of the Executive Committee may adjourn any Executive
Committee meeting to a stated day, hour and place; provided, however, that in the
absence of a quorum, a majority of the Executive Committee members present at any
meeting may adjourn from time to time to a time not later than the time fixed for the next
regular meeting of the Executive Committee.
(b) Notice of Adjournment.
If a meeting is adjourned for more than 24 hours, at least 24-hours written notice of such
adjournment to another time or place shall be given prior to the time of the adjourned
meeting to the Executive Committee members who were not present at the time of
adjournment. Otherwise, notice of the time and place of holding an adjourned meeting
need not be given if the time and place are fixed at the time of adjournment, except that
the provisions of the Ralph M. Brown Act, California Government Code Sections 54950
et seq., shall be complied with.
ARTICLE IV — CLAIMS COMMITTEE
Section 1. Composition.
The Claims Committee shall be composed of each member of the Executive Committee, the
Managers Committee Chair, and the Finance Officers Committee Chair.
Section 2. Meetings.
The President shall appoint an Executive Committee member to serve as the Chair of the Claims
Committee. The Chair, or in his or her absence the President, shall preside over the meetings.
The presence of a majority of the authorized number of Claims Committee members at a meeting
constitutes a quorum for the transaction of business, except as hereinafter provided. Members of
the Claims Committee may participate in a meeting through use of conference telephone or
similar communications equipment, so long as all members participating in such meeting can
Bylaws Page 10 of 18 Amended July 17, 2019
hear one another; such participation in a meeting constitutes presence in person at such meeting.
Every act or decision done or made by a majority of the Claims Committee members present at a
meeting duly held at which a quorum is present shall be regarded as the act of the Claims
Committee, unless a greater number is required by law, by the Agreement creating the Authority,
or by these Bylaws. A meeting at which a quorum is initially present may continue to transact
business notwithstanding the withdrawal of members, provided that any action taken is approved
by a number of members at least equal to a majority of the number required for a quorum for
such meeting.
ARTICLE V - ADVISORY COMMITTEES
Section 1. Managers Committee.
Pursuant to the Agreement creating the Authority, the Managers Committee shall be composed
of one representative from each Member, who shall be the City Manager, City Administrator or
the Chief Executive Officer of that Member. An alternate may be designated in writing to serve
in place of and may vote for that representative in his or her absence. At any meeting, the
presence in person or by approved teleconference of at least seven Managers or alternates shall
constitute a quorum for the transaction of business. In the absence of a quorum, a majority of the
Committee members present at any meeting may adjourn from time to time to a time not later
than the time fixed for the next regular meeting of the Committee.
Section 2. Finance Officers Committee.
Pursuant to the Agreement creating the Authority, the Finance Officers Committee shall be
composed of one representative from each Member, who shall be the Finance Director or Chief
Finance Officer of that Member. An alternate may be designated in writing to serve in place of
and may vote for that representative in his or her absence. At any meeting, the presence in person
or by approved teleconference of at least seven Finance Officers or alternates shall constitute a
quorum for the transaction of business. In the absence of a quorum, a majority of the
Committee members present at any meeting may adjourn from time to time to a time not later
than the time fixed for the next regular meeting of the Committee.
Bylaws Page 11 of 18 Amended July 17, 2019
CALIFORNIA
J • P , I - A
Financial Strength
Strength can be defined as the capacity for exertion or endurance. Strength is a core quality of the California JPIA, as evidenced by the
Authority's broad protection programs, firm capital position, best -in -class strategic partners, and professional staff.
The Authority's portfolio, of over $300 million, is conservatively invested in accordance with its adopted investment policy. Net assets include
contingency funding for potential adverse claim development, actuarial funding above expected confidence, as well as reserves for other
financial risks and hazards within the Authority's operating environment. Investment practices take into consideration the Authority's unique
investment needs including preservation of capital, maintaining appropriate levels of liquidity, compliance with State law, and earning a
reasonable market rate of return. Protection of the portfolio's principal is the primary investment objective. At present, the Authority's
investment program is administered by PFM Asset Management with oversight provided by the Treasurer, Executive Committee, and Finance
Officers Committee. All investment activities are reported to all members monthly.
Section 3. Risk Managers Committee.
Pursuant to the Agreement creating the Authority, the Risk Managers Committee shall be
composed of one representative from each Member, who shall be the Risk Manager or risk
officer of that Member. An alternate may be designated in writing to serve in place of and may
vote for that representative in his or her absence. At any meeting, the presence in person or by
approved teleconference of at least seven Risk Managers or alternates shall constitute a quorum
for the transaction of business. In the absence of a quorum, a majority of the Committee
members present at any meeting may adjourn from time to time to a time not later than the time
fixed for the next regular meeting of the Committee.
Section 4. Underwriting Committee.
Pursuant to the Agreement creating the Authority, the Underwriting Committee shall be
composed of the Managers Committee Chair and Vice Chair, the Finance Officers Committee
Chair and Vice Chair, and the Chief Executive Officer of the Authority. Three representatives
shall constitute a quorum. In the absence of a quorum, a majority of the Committee members
present at any meeting may adjourn.
Section 5. Other Committees
Other committees may be created by the Executive Committee for the purpose of providing
specialized advice to the Executive Committee on the subject matter brought before it. The
committee's purpose, composition, quorum requirements, and meeting schedule may be defined
by the Executive Committee or delegated by the Executive Committee to the advisory committee
itself.
Section 6. Meetings.
Such Committees shall meet from time to time and shall elect their respective Chairpersons, Vice
Chairpersons and other officers as deemed necessary by them. All meetings shall be noticed in
compliance with the Ralph M. Brown Act, California Government Code Section 54950, et seq.
ARTICLE VI - OFFICERS AND EMPLOYEES
Bylaws Page 12 of 18 Amended July 17, 2019
Section 1. Officers.
The officers of the Authority shall be a President, a Vice President, a Secretary, and a Treasurer.
The Executive Committee may, in addition, provide for other officers as it deems necessary for
the performance of the business of the Authority.
Section 2. Election and Term of Office.
The President and Vice President of the Authority shall be elected by the Board of Directors at
its annual meeting, and each shall hold office for a term of two years or until he or she resigns or
is removed or otherwise disqualified to serve, and until his or her successor is elected.
Section 3. Other Officers and Employees.
The Executive Committee shall appoint, or may empower the President to appoint, subject to
ratification by the Executive Committee, all officers other than the President and Vice President.
Except as may otherwise be provided in the Agreement creating the Authority or the Bylaws,
such officers shall hold office until replaced by action of the Executive Committee. The
Executive Committee shall also appoint a Chief Executive Officer and Authority Attorney who
shall serve at the pleasure of the Executive Committee or for such term as the Executive
Committee may provide by agreement. All officers and employees shall have such authority and
perform such duties as are provided in the Agreement creating the Authority, or the Bylaws or as
the Executive Committee may from time to time determine. The Executive Committee may
provide for the payment of compensation to officers or employees for their services to the
Authority.
Section 4. Vacancies.
A vacancy in any office because of death, resignation, removal, disqualification, expiration of
term, or any other cause shall be filled in the manner prescribed in the Agreement creating the
Authority and the Bylaws for regular appointments to such office.
Section 5. Removal and Resignation.
(a) Removal.
Bylaws Page 13 of 18 Amended July 17, 2019
The President, Vice President or any Executive Committee member may be removed,
without cause, by the Board of Directors, at any regular or special meeting thereof. An
officer chosen by the Executive Committee may be removed, without cause, by the
Executive Committee or by any officer upon whom such power of removal may be
conferred by the Executive Committee, (subject, in each case, to the rights, if any, of an
officer under any contract of employment).
(b) Resignation.
Any officer may resign at any time by giving written notice to the Executive Committee
or to the President, or to the Secretary of the Authority, without prejudice, however, to
the rights, if any, of the Authority under any contract to which such officer is a party.
Any such resignation shall take effect at the date of the receipt of such notice or at any
later time specified therein; and, unless otherwise specified therein, the acceptance of
such resignation shall not be necessary to make it effective.
Section 6. President.
The President shall preside at all meetings of the Board of Directors and the Executive
Committee. He or she shall be a member of all of the Executive Committee standing committees
and shall have the powers and duties as may be prescribed by the Board of Directors, the
Agreement creating the Authority, or the Bylaws.
Section 7. Vice President.
In the absence or disability of the President, the Vice President shall perform all the duties of the
President, and when so acting shall have all the powers of, and be subject to all the restrictions
upon, the President. The Vice President shall have such other powers and perform such other
duties as from time to time may be prescribed by the Board of Directors or the Bylaws.
Section 8. Secretary.
The Secretary shall record or cause to be recorded, and shall keep or cause to be kept, at the
principal executive office or such other place as the Executive Committee may order, a
permanent record of minutes of actions taken at all meetings of the Board of Directors and
Bylaws Page 14 of 18 Amended July 17, 2019
Executive Committee, whether regular or special, (and, if special, how authorized), the notice
thereof given, the names of those present at the meetings, and the proceedings thereof.
The Secretary shall keep, or cause to be kept, at the principal executive office of the Authority a
list of all designated Directors and alternates of each Member.
The Secretary shall give, or cause to be given, notice of all the meetings of the Board of
Directors and of the Executive Committee required by the Bylaws or by law to be given, and
shall have such other powers and perform such other duties as may be prescribed by the
Executive Committee, the Agreement creating the Authority, or by the Bylaws.
Section 9. Treasurer.
The Treasurer shall keep and maintain, or cause to be kept and maintained, adequate and correct
financial records of the Authority, including accounts of its assets, liabilities, receipts, and
disbursements, and shall have such other duties as are provided for in the Agreement creating the
Authority.
Section 10. Chief Executive Officer
The Chief Executive Officer shall be authorized and responsible for the overall management and
administration of the Authority and its joint protection programs and shall select and appoint all
employees. The Chief Executive Officer shall have such other and related duties as may be
prescribed by the Executive Committee or the Bylaws.
ARTICLE VII — MISCELLANEOUS
Section 1. Rules and Regulations of Joint Protection Programs.
As soon as practicable after development of the details of a joint protection program of the
Authority, the specific rules and regulations for the implementation of the program shall be
adopted by the Executive Committee, which shall cause them to be set forth in written form and
a copy thereof distributed to each Member. Such rules and regulations shall be included in any
procedure manual prepared by the Authority for the Members.
Bylaws Page 15 of 18 Amended July 17, 2019
Section 2. Annual Report.
The Executive Committee of the Authority shall cause an annual report to be sent to the
Members not later than 270 days after the close of each fiscal year. Such report shall contain a
statement of net position as of the end of such fiscal year and a statement of revenues, expenses,
and changes in net position for such fiscal year, and shall be accompanied by the annual audit
report thereon and such other information as may be required by law.
Section 3. Defense and Indemnification of Agents of the Authority.
(a) For the purpose of this Article, "agent" means any person who is or was an officer, board
member, employee, or other agent of the Authority.
(b) The Authority shall provide for the defense and indemnity of any civil action or
proceeding brought against any such agent of the Authority in his or her official or
individual capacity or both, on account of an act or omission within the scope of his or
her agency as an agent of the Authority, and to the extent of such defense as is provided
for in California Government Code Section 995 et seq.
Section 4. Inspection of Authority Records.
The accounting, books and records, the list of Members' designated Directors and alternates, and
minutes of proceedings of the Board of Directors and the Executive Committee and all other
committees of the Authority shall be open to the inspection of any Member at any reasonable
time. Such inspection by a Member may be made in person or by agent or attorney, and the right
of inspection includes the right to copy and make extracts.
Section 5. Checks and Drafts.
All checks, drafts or other orders for payment of money, notes or other evidences of
indebtedness, issued in the name of or payable to the Authority, shall be signed or endorsed by
the President and Treasurer or by such person or persons and in such manner as, from time to
time, shall be determined by the Executive Committee.
Bylaws Page 16 of 18 Amended July 17, 2019
Section 6. Register of Demands.
A register of all demands shall be submitted to the Executive Committee for payment approval
and shall have attached thereto the affidavit or declaration of the Chief Executive Officer
certifying as to the accuracy of the demands and the availability of funds for payment thereof.
The Executive Committee shall not hear, consider, allow or approve any bill or demand against
the Authority unless the same is itemized giving names, dates, and particular services tendered,
and any other pertinent details as the case may be. Demands for salaries and wages of officers
and employees of the Authority may, but need not be, presented to the Executive Committee
prior to payment but shall appear on the next register of demands for approval.
After approval of the register of demands by the Executive Committee, the public officer
performing the function of Treasurer shall sign the warrant authorizing payment of the demands
so approved. Signatures on warrants may be by facsimile.
Section 7. Execution of Contracts.
The Executive Committee may authorize any officer or officers, agent or agents, to enter into
any contract or execute any instrument in the name of and on behalf of the Authority, and such
authorization may be general or confined to specific instances. Unless so authorized by the
Executive Committee, no officer, agent or employee shall have any power or authority to bind
the Authority by any contract or engagement or to pledge its credit or to render it liable for any
purpose or to any amount. The Chief Executive Officer is authorized to enter into any contract
or execute any instrument in the name of, and on behalf of, the Authority for services and
programs approved by the Executive Committee or Board of Directors, subject to limitations
(including budget limitations) set by the Executive Committee or the Board of Directors.
Section 8. Rules of Procedure for Meetings.
All meetings of the Board of Directors, Executive Committee, and any other Committees of the
Authority, shall be conducted in accordance with Robert's Rules of Order, except where such are
in conflict with California law, the Agreement creating the Authority, or the Bylaws, whereupon
the latter three shall govern over said Rules of Order.
Bylaws Page 17 of 18 Amended July 17, 2019
ARTICLE VIH - AMENDMENTS TO BYLAWS
Section 1. Power of Board of Directors.
New Bylaws may be adopted, or these Bylaws may be amended or repealed by the affirmative
vote of a majority of the quorum at a meeting of the Board of Directors, except as otherwise
provided by the Agreement creating the Authority.
Section 2. Power of Executive Committee.
Subject to the right of the Board of Directors as provided in Section 1 of this Article VIII to
adopt or amend Bylaws, Bylaws other than a bylaw or amendment thereof changing the
authorized number of members of the Executive Committee may be adopted or amended by the
Executive Committee. Any amendment by the Executive Committee shall be on the agenda of
the next meeting of the Board of Directors for ratification. An affirmative vote by a majority of
the quorum shall constitute ratification of the amendment.
Bylaws Page 18 of 18 Amended July 17, 2019
ATTACHMENT 4
RESOLUTION NO.2020-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, APPROVING
EXECUTION OF THE JOINT POWERS AGREEMENT
CREATING THE CALIFORNIA JOINT POWERS
INSURANCE AUTHORITY
WHEREAS, pursuant to the provisions of Sections 990, 990.4, 990.8 and 6500 of the
California Government Code, the California Joint Powers Insurance Authority ("California
JPIX) has been created by a Joint Powers Agreement; and
WHEREAS, Joint Protection Programs have been developed by the California JPIA
pursuant to the provisions of said Agreement; and
WHEREAS, Article 22 of said Agreement provides for additional members to become
parties to the Joint Powers Agreement creating the California JPIA and enter one or more Joint
Protection Programs providing self-insurance and loss pooling; and
WHEREAS, the self-insurance and loss pooling programs of the California JPIA, as well
as its group insurance coverage programs, offer significant advantages to the City of West
Covina in terms of cost, protection, risk management and loss control advice and assistance, and
entering such programs would be in the best interest of the City of West Covina.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Manager of the City of West Covina is hereby authorized and
directed to execute the Joint Powers Agreement on behalf of the City of West Covina binding the
Member to the terms and conditions of said Agreement. The City of West Covina understands
and agrees that, by executing the Agreement, it wil be bound by the termns of the Joint Powers
Agreement; specifically Article 21, "Responsibilities of Members," including the obligation to
make deposits and deposit adjustments for joint protection programs it join.
SECTION 2. The City of West Covina hereby join the California JPIA, for a period of
not less than three (3) years.
SECTION 3. The City of West Covina acknowledges and agrees to the provision of
Article 24 of the Agreement, which provides:
(a) A Member that enters into this Agreement may not withdraw as a party to this
Agreement and as a Member of the Authority for a three-year period commencing on the
effective date of its membership.
(b) A Member that enters into a joint protection program may not withdraw as a
participant in that program for a three-year period commencing on the effective date of its
participation in the joint protection program
(c) After the initial three-year non -cancellable commitment to membership in the
Authority or participation in a joint protection program, a Member may withdraw only at the end
of any protection period, provided it has given the Authority a twelve-month written notice of its
intent to withdraw from this Agreement and/or any joint protection programs in which it
participates.
SECTION 4. The City Clerk shall certdy to the adoption of this resolution and shall
enter the same in the book of original resolutions and it shall become effective immediately.
SECTION 5. The City Clerk is directed to forward a certified copy of this resolution to
the California JPIA, 8081 Moody Street, La Palma, CA 90623
APPROVED AND ADOPTED this 5th day of May, 2020.
Tony Wu
Mayor
APPROVED AS FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina,
California, do hereby certify that the foregoing Resolution No. 2020-37 was duly adopted by the
City Council of the City of West Covina, California, at a regular meeting thereof hell on the 5th
day of May, 2020, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk
California JPIA Coverage Structure
Liability Program
$50M
$40M
$30M
S20M
S10M
SW
S3M
Statutory
Limit
$2M
$1M
Workers' Compensation Program Property Program
$500M
Excess
Landmark American
(Sublimity apply)
$150M
Excess
EQ & Flood
$100M
Empire Indemnity
QBE Specialty
Hudson Specialty
Everest Indemnity
Pnnceton E&S
$75M
60-0*
1�
E
Empire Indemnity, Hiscox
$50M
and Lloyd's
f
$25M
Iinsura �e
Primary Layer
loyd's and Markel
LL
$5M
AAD
1
ATTACHMENT 5
RESOLUTION NO.2020-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, TO AUTHORIZE AND
APPROVE POOLING OF SELF-INSURANCE THROUGH
THE EXCESS LIABILITY PROTECTION PROGRAM OF
THE CALIFORNIA JOINT POWERS INSURANCE
AUTHORITY
WHEREAS, pursuant to the provisions of Section 6500 et seq. and also Sections 990.4
and 990.8 of the California Government Code, the California Joint Powers Insurance Authority
("California JPIX) was created in 1977; and
WHEREAS, the City of West Covina has executed the Joint Powers Agreement, to
become a member of the California JPIA; and
WHEREAS, the California JPIA has established and administered a successful Liability
Self -Insurance and Loss Pooling Program since April 1, 1978; and
WHEREAS, there are significant financial and administrative advantages for the City of
West Covina to participate in the Excess Liability Protection Program.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Liability coverage for the City of West Covina through the Excess
Liability Program of the California JPIA is hereby authorized and directed effective July 1, 2020,
for a minimum commitment period of three years, pursuant to the terms of the Excess Liability
Program Memorandum of Coverage in effect at the time of any occurrence covered by the
Memorandum of Coverage.
SECTION 2. An initial annual contribution of $1,072,900, or such pro-rata part thereof
as the California JPIA might determine for coverage of less than a fiscal period, for the Excess
Liability Protection Program is approved and the appropriate officers of the City of West Covina
are authorized to pay the same to the California JPIA.
SECTION 3. The City of West Covina will subsequently be required to make deposits
and deposit adjustments as provided in the California JPIA Joint Powers Agreement.
SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall
enter the same in the book of original resolutions and it shall become effective immediately.
SECTION 5. The City Clerk is directed to forward a certified copy of this resolution to
the California JPIA, 8081 Moody Street, La Palma, CA 90623
APPROVED AND ADOPTED this 5th day of May, 2020.
Tony Wu
Mayor
APPROVED AS FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, USA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina,
California, do hereby certify that the foregoing Resolution No. 2020-38 was duly adopted by the
City Council of the City of West Covina, California, at a regular meeting thereof hell on the 5th
day of May, 2020, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk
ATTACHMENT 6
RESOLUTION NO.2020-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA TO AUTHORIZE AND
APPROVE POOLING OF SELF-INSURANCE THROUGH
THE EXCESS WORKERS' COMPENSATION PROGRAM
OF THE CALIFORNIA JOINT POWERS INSURANCE
AUTHORITY
WHEREAS, pursuant to the provisions of Section 6500 et seq. and also Sections 990.4
and 990.8 of the California Government Code, the California Joint Powers Insurance Authority
("California JPIA') was created in 1977; and
WHEREAS, the City of West Covina has executed the Joint Powers Agreement, to
become a member of the California JPIA; and
WHEREAS, the California JPIA has established and administered a number of
successful Workers' Compensation Self -Insurance and Loss Pooling Program for its members
since January 1, 1980; and
WHEREAS, there are significant financial and administrative advantages for the City of
West Covina provide workers' compensation coverage for its employees through the Excess
Workers' Compensation Protection Program of California JPIA.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Workers' Compensation coverage for the City of West Covina through
the Excess Workers' Compensation Protection Program of the California JPIA is hereby
authorized and directed effective July 1, 2020, for a minimum commitment period of three years,
pursuant to the terms of the Excess Workers' Compensation Program Memorandum of Coverage
in effect at the time of any occurrence covered by the Memorandum of Coverage.
SECTION 2. The City Manager or his/her designee of the City of West Covina is
authorized and directed to apply to the Department of Industrial Relations for a Certificate of
Consent to Self -Insure, and to take such other actions as be necessary to effectuate self-insurance
of workers' compensation for employees of the City of West Covina.
SECTION 3. An initial annual contribution of $347,500, or such pro-rata part thereof as
the California JPIA might determine for coverage of less than a fiscal period, for the Excess
Workers' Compensation Protection Program is approved and the appropriate officers of the City
of West Covina are authorized to pay the same to the California JPIA.
SECTION 4. The City of West Covina will subsequently be required to make deposits
and deposit adjustments as provided in Articles 17 and 21 of the California JPIA Joint Powers
Agreement.
SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall
enter the same in the book of original resolutions and it shall become effective immediately.
SECTION 6. The City Clerk is directed to forward a certified copy of this resolution to
the California JPIA, 8081 Moody Street, La Patina, CA 90623
APPROVED AND ADOPTED this 5th day of May, 2020.
Tony Wu
Mayor
APPROVED AS FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina,
California, do hereby certify that the foregoing Resolution No. 2020-39 was duly adopted by the
City Council of the City of West Covina, California, at a regular meeting thereof held on the 5th
day of May, 2020, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk
ATTACHMENT 7
RESOLUTION NO.2020-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, PROVIDING
WORKERS' COMPENSATION COVERAGE FOR
CERTAIN CITY OF WEST COVINA VOLUNTEERS
PURSUANT TO THE PROVISIONS OF SECTION 3363.5
OF THE LABOR CODE
WHEREAS, the City of West Covina finds its best interest will be served by utilizing
volunteers in the provision of certain government services; and
WHEREAS, said volunteers should be eligible for workers' compensation coverage
while on duty.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council find and determines that the public interest is best served
by providing workers' compensation coverage for the City of West Covina volunteer workers as
specified by the City Manager.
SECTION 2. The City will provide eligbility for said volunteers for workers'
compensation benefits which will be applicable during the time the person actually performs
volunteer services, provided, however, that the rights of volunteers shall be limited as set forth in
the Labor Code.
SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall
enter the same in the book of original resolutions and it shall become effective immediately.
SECTION 4. The City Clerk is directed to forward a certified copy of this Resolution to
the California JPIA, 8081 Moody Street, La Palma, CA 90623
APPROVED AND ADOPTED this 5th day of May, 2020.
Tony Wu
Mayor
APPROVED AS FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina,
California, do hereby certify that the foregoing Resolution No. 2020-40 was duly adopted by the
City Council of the City of West Covina, California, at a regular meeting thereof hell on the 5th
day of May, 2020, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk
ATTACHMENT NO.8
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CERTIFICATION OF DIRECTORAND ALTERNATE(S)
I hereby certify that as of this date, the Official Minutes and Records of the Subcommittee of the
City of West Covina confirm that the following persons have been appointed to represent the
City Council, in accordance with the provisions of Article 7 of the Calffomia Joint Powers
Insurance Authority Joint Powers Agreement.
DIRECTOR (Board Member)
Dario CasteDanos Councilmember DCastellanos@westcovina.org
Name Title email address
ALTERNATE(S) (one or more, may be Board Member or staff):
David Carman City Manager DCarmanv@westcovina.org
Name Title email address
Tony Wu
Mayor
Wuforwestcovina@ gmaiLcom
Name
Title
email address
Letty Lopez-Viado
Mayor Pro Tern
Lettylopezwestcovina@ gmail.com
Name
Title
email address
Lloyd Johnson
Councilmember
L1oyd.Jonson@westcovina.org
Name
Title
email address
Jessica C. Shewmaker
Councilmember
JShewmaker@westcovina.org
Nacre
Title
email address
Signature
City of West Covina
Agency (please print agency nacre)
Date
,A�,TTTTACHMENT 9
r
LossCAP Program
Initial Risk Management Evaluation
City of West Covina
July 15 - 16, 2019
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City of West Covina Initial Risk Management Evaluation [2]
Table of Contents
ExecutiveSummary ...................................................................................................3
NewAction Items.....................................................................................................4
Records & Contract Management...............................................................................4
Occupational Safety & Health Programs......................................................................7
HumanResources...................................................................................................17
Fleet and Driver Management..................................................................................21
Infrastructure Management.....................................................................................22
Parks and Playground Management..........................................................................28
Recreation and Community Services.........................................................................35
Law Enforcement Services.......................................................................................38
Fire Department Operations.....................................................................................40
ReportSummary .....................................................................................................41
AgencyExemplar....................................................................................................42
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City of West Covina Initial Risk Management Evaluation [3]
Executive Summary
This report contains the findings of an Initial Risk Management Evaluation (IRME) of the
City of West Covina. The evaluation was conducted by the California Joint Powers
Insurance Authority (California JPIA) on July 16, 2019.
The California JPIA extends its thanks to staff for their support and assistance in
completing this evaluation.
This report is designed to assist your agency in addressing areas in which risk exposure
or loss data support the need for change in operations or activity. This report is
arranged to outline the various areas of concern identified during the evaluation.
Specifically, the IRME, although not exhaustive in scope, does this by examining key
areas of your operations.
Action items made are drawn from information provided by agency staff and conditions
observed at the time of the evaluation and are measured against various applicable
statutes, regulatory codes, and Best Risk Management Practices. Best Risk Management
Practices (BRMP) are accepted in the professional community as those measures best
able to control risk exposure. BRMP do not have an associated regulatory requirement,
but are considered sound measures to reduce losses. Each action item may be
supported by a standard (statute, regulatory code, or publication) and/or resource, and
will be noted accordingly; otherwise, it is considered a BRMP. Your agency is
encouraged to act upon the findings contained herein, in a manner that is consistent
with their importance to your agency.
Risk management, loss control, and safety are daily responsibilities of your agency.
Visits and related efforts made by the California JPIA are not considered or intended to
supplant your agency's comprehensive risk management and safety programs.
Successfully managing risk ensures that your agency is able to reduce impact on key
areas of your operations, including services, personnel, and property.
Finally, we have included an Agency Exemplar at the end of the report to serve as a
guide to help our members better understand the elements of good risk management.
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Program Description: The excess liability program is an attractive coverage option for agencies with medium/high risk -tolerance, full-time
dedicated risk management staff, effective loss control, and the financial capacity to properly fund a high member -retained limit. The
program offers member -retained limits of $150k to $2 million. The program is funded by annual contributions from members that cover the
pooled layer of losses, operating expenses, and most training and risk management program expenses. The minimum commitment period is
three years.
Tort Liability Coverages: Bodily Injury, Property Damage, Personal Injury, Advertising Injury, Public Officials E&O, Automobile Liability,
Employment Practices Injury, and Employee Benefits Administration Liability.
Coverage Limit: The program offers $50 million of coverage per occurrence and is funded at the 70%- 80% confidence level.
Pooled Retention: $3m
Liability Program
S'111
$40M
$30M
$20M
$10M
$5M
$3M
City of West Covina Initial Risk Management Evaluation [4]
New Action Items
Records & Contract Management
Action Item: 2019-001
Observations:
The following contract agreements were reviewed during the evaluation:
o The Los Angeles County Metropolitan Transportation Authority (LACMTA):
The agreement did not include the Evidence of Coverage and Additional
Insured Endorsements.
o San Gabriel Mountains Regional Conservancy - Operation and Maintenance of
the Galster Park Nature Program: The agreement does not require
sexual/physical abuse insurance. The contract should include sexual
molestation coverage as the contractor will be working with minor children.
The agreement did not include the Evidence of Coverage and Additional
Insured Endorsements.
o Busy Bee Home Day Care — Facilities Use Agreement: The agreement did not
require an Additional Insured Endorsement. The agreement did not include
the Evidence of Coverage.
o Merchants Landscape Services, Inc. — Landscape Maintenance: The
Certificate of Insurance provided was expired and it did not provide the policy
limits as required per the Agreement. The Agreement does not include
language pertaining to the inspection and maintenance of the playgrounds.
Include language in the Agreement outlining the Agency's playground
maintenance and inspection requirements.
o West Coast Arborists, Inc. — Tree Trimming: The agreement did not include
the Evidence of Coverage and Additional Insured Endorsements.
o Willdan Engineering — Professional Services Agreement: The agreement did
not include the Evidence of Coverage and Additional Insured Endorsements.
o Santa Barbara Transportation Corp. dba Student Transportation of America:
The contract expired 9/30/2018. If the agency is currently using the services
of this provider, a current agreement should be executed. The contract
should include sexual molestation coverage as the contractor will be working
with minor children. The agreement did not include the Evidence of Coverage
and Additional Insured Endorsements.
o Big League Dreams West Covina, LLC (BLDWC) — Maintenance and
Operations Agreement: The agreement did not include the Evidence of
Coverage and Additional Insured Endorsements.
o The Humane Society of Pomona Valley, Inc. dba Inland Valley Humane
Society & S.P.C.A. -The Animal Shelter & Animal Control Services Agreement:
The Agreement does not include an expiration date. The agreement did not
include the Evidence of Coverage and Additional Insured Endorsements.
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City of West Covina Initial Risk Management Evaluation [5]
o City of West Covina and LA County Sheriffs Dept - MOU Agreement: The
agreement was signed by West Covina's former Chief of Police on
06/28/16. The Memorandum is to be reviewed at a minimum of once every
two (2) years.
Staff members indicated that insurance types and limits are not determined by
contract exposure.
Action Required:
Based on the observations made when reviewing the above contracts, the following
recommendations are made to enhance your agency's contract management efforts:
o Obtain certificates of insurance and endorsements from contractors.
Contractors should provide certificates of insurance and policy endorsements
before they can begin work. Contractors should be notified immediately in
writing when insurance documentation is deficient or is not received as
required.
o Review existing specifications for the most frequently used types of contracts
and ensure that required levels of insurance are adequate to the scope of
services provided by contractors. Increase limits when necessary, using the
minimum suggested insurance limits outlined in the California JPIA's
Contractual Risk Transfer for California Public Agencies manual.
o Renegotiate contracts as needed at renewal times, and clearly delineate
insurance requirements based on the exposure of the contract.
o The agency clerk or designee should maintain the filing system for all service
and construction contracts and agreements. Certificates of insurance,
indemnification agreements, endorsements, and bonding documents required
by contract provisions should be kept together with the original contract
agreements. Complete documentation should be maintained within fire safe
containers and protected by a fire detection and suppression system.
o Develop contract documentation tracking procedures to monitor contractor
compliance with contract provisions and to ensure that insurance documents
required in contracts are received in a timely fashion.
By properly managing its contracts, the agency can reduce its loss exposures and
likewise reduce disputes with contractors and their insurers when a loss occurs.
Standards:
Best Risk Management Practices
Resources:
Contractual Risk Transfer for California Public Agencies manual. California JPIA,
Seventh Edition, 2018
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City of West Covina Initial Risk Management Evaluation [6]
Action Item: 2019-002
Observations:
Contracts are not developed and implemented for all service providers.
Action Required:
Develop and execute service contracts which include appropriate risk transfer
language when outsourcing agency activities to service companies.
By properly managing its contracts, the agency can reduce its loss exposures and
likewise reduce disputes with contractors and their insurers when a loss occurs.
Standards:
Best Risk Management Practices
Resources:
Contractual Risk Transfer for California Public Agencies manual. California JPIA,
Seventh Edition, 2018
Action Item: 2019-003
Observations:
The agency does not require insurance as part of the encroachment permit
application and its indemnity language is broad.
Action Required:
Revise encroachment permit to include insurance requirements and appropriate
indemnity language.
Resources:
A sample template is located on the California JPIA's website.
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City of West Covina Initial Risk Management Evaluation [7]
Occupational Safety & Health Programs
Action Item: 2019-004
Observations:
The agency has not implemented a Facilities Inspection Program.
Action Required:
Develop and implement a program to regularly inspect agency facilities to identify
hazardous conditions and practices that require corrective or preventive measures,
consistent with the requirements of Cal/OSHA. This program should be coordinated
with the inspection program required by the Injury and Illness Prevention Program
and should include documentation of identified deficiencies and corrective actions
that are completed or planned.
Standards:
California Code of Regulations, Title 8, Section 3203 (a) (4); 29 CFR 1910.157, Fire
Protection
Resources:
Sample checklists have been developed and are located on the California JPIA's
website.
Action Item: 2019-005
Observations:
A centralized Safety Manual has not been developed.
Action Required:
Develop a centralized Safety Manual to encourage employee awareness of and
compliance with each of the agency's specific safety policies. The manual should
include all department -specific safety policies and be formally adopted by the
agency governing body.
The Injury and Illness Prevention Program Administrator will be better prepared to
respond to questions posed by a Cal/OSHA inspector if a centralized Safety Manual
is maintained, and it will also enable the agency to maintain greater control over the
Cal/OSHA inspection process.
Standards:
California Code of Regulations, Title 8, Section 3203
Resources:
A link to additional website Resources and a sample program has been provided and
is located on the California JPIA's website.
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City of West Covina Initial Risk Management Evaluation [8]
Action Item: 2019-006
Observations:
The agency does not have a Bloodborne Pathogens Exposure Control Program.
Action Required:
Assess employee exposure to blood or other potentially infectious materials,
document the findings, and include this in the centralized Safety Manual. The
California Code of Regulations provides that all employers who may reasonably be
anticipated to have this occupational exposure develop a Bloodborne Pathogens
Exposure Control Plan consistent with the requirements of Cal/OSHA.
Standards:
California Code of Regulations, Title 8, Section 5193; 29 CFR 1910.1030, Bloodborne
Pathogens
Resources,
A link to additional website resources has been provided and is located on the
California JPIA's website.
Action Item: 2019-007
Observations:
The agency does not have a Confined Space Entry Control Program.
Action Required:
Determine whether confined spaces exist at agency facilities. If confined spaces
exist, a written Confined Space Entry Control Program, consistent with the applicable
Sections of Cal/OSHA, should be developed. The program must include procedures
for testing the atmosphere in confined spaces; assignment of supervisors,
attendants, and rescue personnel; and employee training. A permit system may be
required.
Standards:
California Code of Regulations, Title 8, Sections 5156, 5157, and 5158, Confined
Spaces; 29 CFR 1910.146
Resources:
A sample policy has been developed and is located on the California JPIA's website.
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City of West Covina Initial Risk Management Evaluation [9]
Action Item: 2019-008
Observations:
The agency does not have an Emergency Action Plan.
Action Required:
Develop and implement an Emergency Action Plan consistent with the requirements
of Cal/OSHA. This plan shall be in writing and shall cover those designated actions
employers and employees must take to ensure employee safety from fire and other
emergencies.
Elements of the plan include (at a minimum):
o Emergency escape procedures and emergency escape route assignments;
o Procedures to be followed by employees who remain to operate critical plant
operations before they evacuate;
o Procedures to account for all employees after emergency evacuation has
been completed;
o Rescue and medical duties for those employees who are to perform them;
o The preferred means of reporting fires and other emergencies;
o Names or regular job titles of persons or departments who can be contacted
for further information or explanation of duties under the plan;
o An employee alarm system that complies with Article 165;
o The types of evacuation to be used in emergency circumstances: and
o Training.
Standards:
California Code of Regulations, Title 8, Section 3220; 29 CFR 1910.38
Resources:
A link to additional website resources has been provided and is located on the
California JPIA's website.
Action Item: 2019-009
Observations:
The agency does not have a Fire Prevention Plan.
Action Required:
Develop and implement a Fire Prevention Plan consistent with the requirements of
Cal/OSHA. This plan should include an inventory of fuels and sources of ignition, fire
protection systems, housekeeping policies, employee training, and the names or job
titles of responsible personnel.
Standards:
California Code of Regulations, Title 8, Section 3221; 29 CFR 1910.39
Resources:
A link to additional website resources has been provided and is located on the
California JPIA's website.
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City of West Covina Initial Risk Management Evaluation [10]
Action Item: 2019-010
Observations:
The agency does not have a Hazard Communication Program.
Action Required:
Develop and implement a Hazard Communication Program, consistent with the
requirements of Cal/OSHA. This program should include product labeling, Safety
Data Sheets (SDS) availability, and employee training.
Standards:
California Code of Regulations, Title 8, Section 5194; OSHA Publication 3695
Resources:
A link to additional website resources has been provided and is located on the
California JPIA's website.
Action Item: 2019-011
Observations:
The agency does not have a Hearing Conservation Program.
Action Required:
Assess employee exposure to hazardous noise levels, document the findings, and
include this in the centralized Safety Manual. This program should contain provisions
for pre -employment assessment, appropriate hearing protection, annual audiometric
tests, annual employee training, and periodic environmental assessments.
Determine if existing machinery emits noise greater than 85 dB and how long
employees are exposed to the machinery. If the research indicates that employees
are exposed to noise levels in excess of 85 dB for an eight -hour time -weighted
average, a Hearing Conservation Program, consistent with the requirements of
Cal/OSHA, should be implemented.
Standards:
California Code of Regulations, Title 8, Article 105, Section 5097; 29 CFR 1910.95,
Occupational Noise Exposure
Resources:
A link to additional website resources has been provided and is located on the
California JPIA's website.
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City of West Covina Initial Risk Management Evaluation [11]
Action Item: 2019-012
Observations:
The agency does not have a Heat Illness Prevention Program.
Action Required:
A Heat Illness Prevention Program should be developed and implemented. The
program should include provision of shade, breaks, drinking water, and
employee/supervisor training in recognizing the symptoms of heat illness.
Standards:
California Code of Regulations, Title 8, Section 3395; OSHA General Duty Clause,
Section 5(a)(1)
Resources:
A link to additional website resources has been provided and is located on the
California JPIA's website.
Action Item: 2019-013
Observations:
The agency's Injury and Illness Prevention Program is outdated. It was last updated
in 1994.
Action Required:
Revise the agency's Injury and Illness Prevention Program to comply with the
requirements of Cal/OSHA. The following required provisions should be reviewed
and revised as necessary:
o Identification of the person or persons responsible for implementing the
program;
o The agency's name and address;
o The employer's system for identifying and evaluating workplace hazards,
including scheduled periodic inspections to identify unsafe conditions and
work practices; Investigations of all occupational injuries and illnesses;
o The employer's methods and procedures for correcting unsafe or unhealthy
conditions and work practices in a timely manner;
o An occupational health and safety training program designed to instruct
employees in general safe and healthy work practices and to provide specific
instructions with respect to hazards specific to each employee's job
assignment;
o The employer's system for communicating with employees on occupational
health and safety matters, including provisions designed to encourage
employees to inform the employer of hazards at the work site without fear of
reprisal (anonymous reporting system); and
o The employer's system for ensuring that employees comply with safe and
healthy work practices, which must include recognition, training, re-training,
and disciplinary action.
The agency's Injury and illness Prevention Program should be reviewed and revised
as necessary annually.
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City of West Covina Initial Risk Management Evaluation [12]
Standards:
California Code of Regulations, Title 8, Section 3203
Resources:
A sample policy has been developed and is located on the California JPIA's website.
Action Item: 2019-014
Observations:
The agency does not have a Lockout/Tagout Program.
Action Required:
Develop a written Lockout/Tagout Program, consistent with the requirements of
Cal/OSHA. The agency's Lockout/Tagout procedures must be followed whenever
outside servicing personnel are engaged in this work.
Standards:
California Code of Regulations, Title 8, Sections 3314 and 2320; Appendix A to 29
CFR 1910.147
Resources:
A link to additional website resources has been provided and is located on the
California JPIA's website.
Action Item: 2019-015
Observations:
Agency forklift operators have not been trained as required.
Action Required:
Provide training to operators of powered industrial trucks in accordance with the
California Code of Regulations, Title 8. Refresher training should be provided every
three years or as required by the California Code of Regulations, Title 8.
Standards:
California Code of Regulations, Title 8, Section 3668; OSHA General Duty Clause,
Section 5(a)(1)
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City of West Covina Initial Risk Management Evaluation [13)
Action Item: 2019-016
Observations:
The agency does not have a Repetitive Motion Injury Control (Ergonomics) Program.
Action Required:
Consider developing and implementing a Repetitive Motion Injury Control
(Ergonomic) Program consistent with the requirements of Cal/OSHA. This is required
where a repetitive motion injury (RMI) has occurred to more than one employee
under the following conditions:
o The employees incurring the RMIs were performing a job process, or
operation of identical work activity;
o The RMIs were musculoskeletal injuries that a licensed physician objectively
identified and diagnosed; and
o The RMIs were reported by the employees to the employer in the last twelve
months.
This program should include a worksite evaluation, control of exposures that have
caused repetitive motion injuries, and training of employees.
Standards:
California Code of Regulations, Title 8, Sections 3203 and 5110; 29 CFR 1910.900
Resources:
A sample policy has been developed and is located on the California JPIA's website.
Action Item: 2019-017
Observations:
The agency does not have a Respiratory Protection Program, nor has an Airborne
Health Hazards Assessment been completed.
Action Required:
Document the agency's assessment regarding employee exposure to airborne health
hazards in the workplace and include this in the centralized Safety Manual. Reassess
employee exposure periodically. If identified hazards cannot be eliminated, develop
and implement a Respiratory Protection Program, consistent with the requirements
of Cal/OSHA.
Standards:
California Code of Regulations, Title 8, Section 5144; 29 CFR 1910.134, Respiratory
Protection
Resources:
A sample policy has been developed and is located on the California JPIA's website.
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