05-19-2020 - AGENDA ITEM 07 CONSIDERATION OF RESOLUTION DELEGATING TORT LIABILITY CLAIMS HANDLING TO THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY AS AUTHORIZED BY GOVERNMENT CODE SECTION 910 ET SEQAGENDA ITEM NO.7
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AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: May 19, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF RESOLUTION DELEGATING TORT LIABILITY CLAIMS
HANDLING TO THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY AS
AUTHORIZED BY GOVERNMENT CODE SECTION 910 ET SEQ
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Adopt the following resolution:
RESOLUTION NO.2020-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, IMPLEMENTING A POLICY DELEGATING TORT LIABILITY CLAIMS
HANDLING RESPONSIBILITIES TO THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY
AS AUTHORIZED BY GOVERNMENT CODE SECTION 910, ET SEQ.
BACKGROUND:
Risk management is the identification, evaluation, and prioritization of risks followed by coordinated and
economical application of resources to minimize, monitor, and control the probability or impact of unfortunate
events or to maximize the realization of opportunities. The overall goal is to keep employees prepared and the city
safe so the focus remains on fire protection/EMS, policing, recreation and all the things that matter to ensuring
quality of life for residents.
Strategies to manage threats (uncertainties with negative consequences) typically include avoiding the threat,
reducing the negative effect or probability of the threat, transferring all or part of the threat to another party, and
even retaining some or all of the potential or actual consequences of a particular threat. The opposite of these
strategies can be used to respond to opportunities.
For the most part, these methods consist of several elements, performed, more or less, in the following order; 1)
Identify the threats, 2) Assess the vulnerability of critical assets to specific threats, 3) Determine the risk (i.e. the
expected likelihood and consequences of specific types of attacks on specific assets, 4) Identify ways to reduce
those risks and 5) Prioritize risk reduction measures
DISCUSSION:
City of West Covina Initial Risk Management Evaluation [61
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 [71
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 [81
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 [91
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 [121
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 [131
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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City of West Covina Initial Risk Management Evaluation [141
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 [151
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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On May 5, 2020, the City Council approved the City's membership in the California Joint Powers Insurance
Authority (CJPIA) and the pooling of the City's self-insurance general liability and workers' compensation
insurance through CJPIA programs.
Although the City is making significant improvements in stabilizing its workforce and incorporating risk
management practices mitigating its exposures, the CJPIA 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
allow the CJPIA to send notice of the rejection and shortening the timeframe in which to file a lawsuit to six months
(Attachment No. 1, Resolution No. 2020-42), and 4) the city will be required to complete the action items noted in
the Initial Risk Management Evaluation report within 18 months (Attachment No. 2).
Resolution 2020-42 implements City Council direction.
Prepared by: Helen Tran, Director Human Resources/Risk Management
Attachments
Attachment No. 1 - Resolution 2020-42 (CJPIA)
Attachment No. 2 - Risk Management Plan
CITY COUNCIL GOALS & OBJECTIVES: Achieve Fiscal Sustainability and Financial Stability
Enhance the City Image and Effectiveness
Protect Public Safety
Respond to the Global COVID-19 Pandemic
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 [171
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 [181
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 JPIAs 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 [211
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 [231
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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City of West Covina Initial Risk Management Evaluation [241
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 rig
fails. 4('
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
CALIFORNIA
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F',M'T1TR 11 Y [170M`►CM0iTlLya
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, IMPLEMENTING A
POLICY DELEGATING TORT LIABILITY CLAIMS
HANDLING RESPONSIBILITIES TO THE CALIFORNIA
JOINT POWERS INSURANCE AUTHORITY AS
AUTHORIZED BY GOVERNMENT CODE SECTION
910, ET SEQ.
WHEREAS, the City of West Covina is a member of the California Joint Powers
Insurance Authority (California JPIA) effective July 1, 2020, and pursuant to Government Code
sections 990.4, et seq. and 6500 et seq. pools its self -insured liability claims and losses with other
California JPIA members under a Memorandum of Coverage; and
WHEREAS, the Joint Powers Agreement creating the California JPIA authorizes it to
exercise powers common to members and appropriate to defend and indemnify members from
liability claims under the Memorandum of Coverage.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. the City of West Covina delegates to California JPIA authority to act on its
behalf pursuant to Government Code sections 910, et seq. to accept, reject, return as insufficient,
or return as untimely any claims against it, and to provide any notices authorized under those
statutes on behalf of the City of West Covina.
SECTION 2. This resolution shall become effective July 1, 2020.
SECTION 3. The City of West Covina's Clerk shall certify to the adoption of this
Resolution.
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 19th day of May, 2020.
Tony Wu
Mayor
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 [271
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.
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 [281
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 [291
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 IPIA's website.
Action Item: 2019-049
Observations:
The playground equipment coating was \
peeling or otherwise deteriorated at CA
Parquette.
Action Required:
The equipment should be repaired or
replaced in accordance with the
manufacturer's recommendations.
Standards:z'
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 [321
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 IPIA'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 qW_
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.
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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 °r=
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.
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City of West Covina Initial Risk Management Evaluation [351
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
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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. 2020-42 was duly adopted by the
City Council of the City of West Covina, California, at a regular meeting thereof held on the 19th
day of May, 2020, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk
City of West Covina Initial Risk Management Evaluation [361
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.
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City of West Covina Initial Risk Management Evaluation [371
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
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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.
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City of West Covina Initial Risk Management Evaluation [391
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
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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
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City of West Covina Initial Risk Management Evaluation [411
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.
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City of West Covina Initial Risk Management Evaluation [421
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:
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
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City of West Covina Initial Risk Management Evaluation [431
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
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City of West Covina Initial Risk Management Evaluation [441
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.
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/4OW
ATTACHMENT NO. 2
LossCAP Program
Initial Risk Management Evaluation
City of West Covina
July 15 - 16, 2019
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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 [31
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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City of West Covina Initial Risk Management Evaluation [41
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 [51
o City of West Covina and LA County Sheriff's 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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