HomeMy WebLinkAboutAgenda Report - May 20, 1992 (96)CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Resolution authorizing participation in the Local Agency's Workers'
Compensation Excess Joint Powers Authority.
MEETING DATE: May 20. 1992
PREPARED BY: City Manager
RECOMMENDED ACTION: Adopt the attached Resolution Authorizing
Participation of the City of Lodi in the Local Agency
Workers' Compensation Excess Joint Powers Authority.
BACKGROUND INFORMATION: The workers' compensation insurance market has been
unstable during the last few years. Lodi has found
workers' compensation excess insurance in the private
market at competitive rates, but this has not been the
case for many public agencies. When a similar problem
arose in the municipal general liability insurance market several years ago,
the City of Lodi became a member of the California Joint Powers Insurance
Authority. a self-insurance "pool" consisting of about 100 cities throughout
northern California.
In order to return stability to municipal workers' compenshtion excess
insurance programs it is now proposed that a similar organization be created.
The proposed joint powers authority would be called the Local Agencies Workers'
Compensation Excess Joint Powers Authority (LAWCX). This proposed Joint Powers
Authority for workers' compensation coverage is patterned after a similar
successful authority developed by school districts in California about four
years ago, commonly known as "SOX".
Participation requires an initial three-year commitment. The proposed rat? for
the City of Lodi is eighteen (50.18) per 5100.00 of payroll. This is . 4
cents (50.04) less than our present rate on the open market. The self- o surtd
retention of the City also would 'drop to MOAN AN from the 5300,000
self-insured retention we obtain on the open market. This latter point is
quite important because workers' compensation excess insurance companies have
maintained rates by raising self-insured retentions. Many cities in California
are maintaining self-insured retentions of $350.000 to 5500.000. In addition,
LAWCX provides excess insurance to statutory limits while many insurance
companies limit excess coverage to only $10 million.
APPROVED
THOMAS A PETERSON
City Mnnngor
WYC rd paps
CC -1
Resolution authorizing participation in the Local Agency's Workers'
Compensation Excess Joint Powers Authority.
May 20, 1992
Page two of two
Finally, about three cents (50.03) of the eighteen (50.18) rate would form a
"pool". Once fully funded (in 3-5 years), this would no longer be collected.
Rates would then fall even more.
It is recommended that City Council authorize participation in LAWCX so long as
other agencies with an aggregate total of $400 million in payroll likewise
agree to join and establish LAWCX by June 1, 1992 and that ¢recommitments from
other agencies equaling $100 million in payroll to join by January 1, 1993 are
also received by June 1, 1992. This is to meet the needs of agencies that buy
insurance on a calendar year basis.
If that threshold number of cities and payroll is not met, then there is an
insufficient "pool" of agencies and the Council should authorize staff to place
our workers' compensation excess insurance with the open market under the
quotes received from insurance brokers, which is our normal process.
The Memorandum of Coverage for LAWCX and the Joint Exercise of Powers Agreement
for LAWCX are on file in the City Clerk's office if you are interested in
gaining a greater understanding of the details of this organization.
FUNDI"G: Workers Compensation Insurance Fund
Respectfull submitted,
leef
Thom s A. Peterson
`J City 'Manager
TAP :tp
Prepared by Kirk J. Evans
Administrative Assistant to the City Manager
CCC0N 301/TXTA.TLP
Memorandum #
MEMORANDUM OF COVERAGE
LOCAL AGENCIES WORKERS COMPENSATION EXCESS
SELF-FUNDED JOINT POWERSAUTHORITY
(LAWCX)
DECLARATIONS
Item 11. Covered Member Name & Address
Item 12. Coverage Period: From - To
n zw wn p n
Item 13. Limit of Liability Per Occurrence
a. Covered Members' Per Occurrence Retained Limit S
b. LAWCX Self -Insured
Workers' Compensation Coverage $ 500,000
Employers Liability Coverage $ 500.000
c. Purchased Excess Insurance
Workers' Compensation Coverage Statutory
Employers Liability Coverage $2,000,000
Per Occurrence SIR $ 500,000
Scope of Coverage = American Home Assurance Company Fbrm No.48473 (3(891
Item #4. Pool Deposit Contribution Item #3b. Estimated Payroll $ -
Pool Deposit Contribution $
Item #5. Premium Item #3c.
Excess Insurance Deposit Premium $
Item #6. Program Total $
L^WcX ... 306/92
lb"Uw PSV004+doter"Wn4n /in&j c9nlr.MRwn1
LOCAL AGENCIES WORKERS' COMPENSATION EXCELS
SELF FUNDED JOINT POWERS AUTHORITY
Memorandum of Coverage
For Self -Insurance of
Excess Workers' Compensation and Employers' Liability
The LocalAgencies Workers' Compensation Excess Self Funded Joint dowers Authority
in consideration for the payment of the contribution and subject to all terms of this
Memorandum, does hereby agree to provide coverage to the Covered Member named
in Item 1 of the Declaration Page subject to the terms and conditions set forth in the
Memorandum:
GENERAL SECTION
A. THE MEMORANDUM
This Memorandum includes the Declaration Page. This Memorandum is the
coverage document between tho Covered Member and the Authority. The terms
of this Memorandum may not be changed or waived except by an amendment
made a part of this Memorandum.
B. CONTINUOUS MEMORANDUM
This Memorandum is effective at 12:01 a.m. on the effective date stated in Item
2 of the Declaration Page. All of the provisions of this Memorandum apply
beginning with the date shown in item 2 of the Declaration Page until June 30th
of that fiscal year, and continues annually thereafter in the same manner as if a
separate Memorandum had been written for each such consecutive period.
C. WHO S COVERED
The Covered Member is named in Item Z of the Declarations and is a "Member"
as defined in the Authority's Agreement. If an entity named in item 1 of the
Declarations looses its status as a "Member" of the Authority, the coverage under
this Memorandum of Coverage shall terminate immediately upon such change in
status.
D. WORKEPS' COMPENSATION LAW
Workers' Compensation law means the workers' or workmen's compensation law
and occupational disease law of the State of California and such other state laws
as may be applicable under the provisions of part three hereof. It includes any
amendments to that lawwhich are in effect duringthe term of this Memorandum.
It does nor include provisions of any law that provides non -occupational disability
benefits.
1 AWCXkMoc_..319?!
E. QUALIFIED SELF-INSURED
The Covered Member represents that it is a duly qualified self-insured under the
Workers' Compensation Law and will continue to maintain such qualifications
during the term this Memorandum is in effect. If the Covered Member should fail
to qualify or fail to maintain such qualifications, the coverage provided under this
Memorandum shall automatically terminate the first date of such failure.
F. STATE
State means any state of the United States of America and lthe District cf
Columbia.
PART ONE - WORKERS COMPENSATION COVERAGE
A. The Authority will cover the Covered Member for loss as a qualified self-insured
under the Workers' Compensation Law in excess of the Covered Member's
retention stated in item 3a on the Declaration Page but not for more than the
limits of coverage stated in the Declaration Page.
8. Loss means amount actually paid by the Covered Member as a self-insured under
the Workers' Compensation Law including claims expenses.
C. This coverage applies to losses paid by the Covered Member as a qualified self-
insured under the Workers' Compensation Law for bodily injury by accident or
bodily injury by disease including resulting death, provided:
1. the bodily injury by accident occurs during the periodthis Memorandum is
in force; or
2. the bodily injury by disease is caused or aggravated by 06 conditions of
employment by the Covered Member and the employee's last day of last
exposure to those conditions of that employment causing or aggravating
such bodily injury by disease must occur during the period this
Memorandum is in force.
D. The Authority will not cover the Covered Member for any payments made by the
Covered Member in excess of benefit:. regularly required by the Workers'
Compensation Law if such excess payments are required because:
1. of serious and wilful misconduct of the Covered Member.
2. the Covered Member employed an employee in violation of law;
3. the Covered Member failed to comply with a health or safety law or
regulation;
ILAWCXIMOC W921 2
4. in violation of the Workers' Compensation Law, the 'Covered Member
discharged, coerced, or otherwise discriminated against any employee; or
5. any assessment made upon the Covered Member, whether imposed by
statute, regulation or otherwise.
PARTTWO - EMPLOYERS' LIABILITY COVERAGE
A. The Authority will indemnify the Covered Member for Employers' Liability losses
in excess of the Covered Member's retention stated in Item 3a of the Declaration
Page but not for more than the limits of coverage stated in the Declaration Page.
B. Coverage by the Authority will be made only if the original suit and any related
legal actions fo: damages for bodily injury by accident or disease was brought in
the United States of America, its territories or possessions or Canada.
C. Loss means amounts which the Covered Member is legally liable to pay as
damages, including claims expenses, because of bodily injury by accident or bodily
injury by disease. Bodily injury includes resulting death.
D. This coverage applies to losses incurred by the Covered Member for bodily injury
which arises out of and in the course of the injured employee's employment by
the Covered Member, provided:
1. the bodily injury by accident occurs during the period this Memorandum is
in force: or
2. the bodily injury by disease is caused or aggravated by the conditions of
employment by the Covered Member. The employee's last day of last
exposure to those conditions of that employment causing or aggravating
such bodily injury by disease must occur during the period this
Memorandum is in force.
E. Damages include:
1. damages for which the Covered Member is liable to a third party by reason
of a claim, suit or proceeding against the Covered Member to recover
damages obtained by an injured employee of the Covered Member from the
third party;
2. damages for care and loss of services of an injured employee of the
Covered Member;
3. damages for consequential bodily injury to a spouse, child, parent. brother,
or sister of the injured employee of the Covered Member; and provided
such damages in 1, 2, and 3 above are the direct consequence of bodily
ILAWCX'MOC . 31921 3
injury that arises out of and in the course of the injured employee's
employment, by the Covered Member; and
4. damages because of bodily injury to an employee of the Covered Member
arising out of and in the course of employment, claimed against the
Covered Member in a capacity other than an employer.
F. Employers' Liability coverage excludes:
1. liability assumed under a contract;
2. punitive or exemplary damages;
3. bodily injury to an employee while employed in violation lot law;
4. bodily injury intentionally caused or aggravated by or at the direction of the
Covered Member;
5. bodily injury occurring outside the United States of Ameaica. its territories
or possessions, or Canada to an employee who is temporarily working
outside these countries for the Covered Member. This exclusion does not
apply to bodily injury to a citizen or resident of the United States of
American or Canada;
6. damages arising out of the Covered Member's violation of law in the
discharge of, coercion of, or discrimination against any employee;
7. any obligation imposed by a workers' compensation, occupational disease,
unemployment compensation, cr disability benefits law, or any similar taw;
or
PART THREE - OTHER STATE COVERAGE
A. This Memorandum applies in states other than the state in Which the Covered
Member is domiciled if an employee of the Covered Member is injured in such a
state and if the work of such injured employee of the Covered Member was within
the scope of such employee's employment, at the direction of the Covered
Member, and was temporary and transitory in such other state providea the
Covered Member is not insured or self-insured in such other State, and
1. the work in the other state was incidental to the primary duties of the
employee; and
2. the work of such injured employee was not at a permanent or fixed location
of the Covered Member subject to the Workers' Compensation Law in such
other state.
rLAWCXIMoc 31921
B. For any workers' compensation benefits awarded under the law of any other
state, the Authority will cover the Covered Member only to the extent that the
other state benefits does not exceed benefits which would have been paid to such
injured employee under the Workers' Compensation Lawof the State of California.
C. For any workers' compensation benefits awarded under the U.S, Longshoremen's
and Harbor Workers' Compensation Act, the Authority will cover the Covured
Member only to the extent that those benefits do not exceed benefits which
would have been paidto such injuredemployee underthe Workers' Compensation
Law of the State of California.
PART FOUR ' COVERED MEMBER'S PER OCCURRENCE RETAINED LIMIT ANQ
AUTHORITY'S LIMIT OF COVERAGE
A. RETENTION BY COVERED MEMBER
The Covered Member shall pay all loss up to the amount stated in Item 3a of the
Declaration Page as Covered Member's Per Occurrence Retained Limit.
B. LIMIT OF COVERAGE BY AUTHORITY
The Authority will reimburse the Covered Member for loss over the amount stated
as Covered Member's Per Occurrence Retained Limit for Workers' Compensation,
but will not exceed the limit stated in Item 3b of the Declaration Page. The limit
of coverage for Employers' Liability will not exceed the limit stated in Item 3b of
the Declaration Page. Payments for Item 3c shall be reimbursed by the
Authority's excess insurance carrier.
C. ATTACHMENT OF COVERAGE BY AUTHORITY
The coverage provided by this memorandum shall not apply to any claim until the
amount paid by or on behalf of the Covered Member shall have met or exceeded
the per Occurrence retained limit of the Covered Member. Coverage provided by
this memorandum shall then only be liable for the amount actually incurred that
is in excess of the Covered Member's per occurrence retained limit, regardless of
whether the Covered Member has other insurance, has other pooled coverage, or
pays the per occurrence retained limit itself. Amounts to be paid on a claim
otherwise covered under this memorandum shall not be paid until such time that
the underlying per occurrence retained limit has been paid.
D. HOW RETENTION AND LIMIT OF COVERAGE APPLY
The Covered Member's Per Occurrence Retained Limit and Authority's Limit of
Coverage stated on the Declaration Page apply to losses of the Covered Member
as a qualified self-insured of Workers' Compensation or Employers' Liability losses
as follows:
ILAwcxwoc 31921
1. to one or more employees because of bodily injury or death in any one
accident;
2. to any one employee for bodily injury or death by disease.
The inclusion of morethan one legal entity as a Covered Member in Item 1 of the
Declaration Pagewill not increasethe Covered Member's Per Occurrence Retained
Limit nor the Authority's Limit of Coverage.
a ACCIDENT
1. Accident means each accident or occurrence or series of accidents or
occurrences arising out of any one event.
2. An accident is deemed to end seventy two (72) hour's after the event
commences. Each subsequent seventy two (72) hours is deemed to be a
separate accident period.
E DISEASE
Disease is an accidentoniy if it results directly from bodily injury by accident.
A. Claim expenses of the Covered Member mean its litigation (costs, interest as
required by law on awards or judgments, and its claim investigation or legal
expenses which can be directly allocated to a specific claim. Claim expenses
exclude: salaries and travel expenses of employees of the Covered Member,
annual retainers, overhead, and any fees it paid for claim administration.
B. The Authority has no duty to investigate, handle, settle, or defend any claim,
proceeding, or suit against the Covered Member.
A NOTICE OF ACCIDENT
1. The Covered Member shall give prompt written notice tb the Authority if a
claim for an injury or disease occurs which appears to involve coverage by
the Authority.
2. The Covered Member shall also give prompt written notice to the Authority
if an injury of the following types occurs:
a) a fatality:
b) an amputation of a major extremity;
ILAW lMoc. 31921 a
c) any serious head injury (including skull fracture on loss of sight of
either or both eyes);
d) any injury to the spinal cord;
e) any disability where it appears reasonably likely that there will be
disability of more than one year;
f) any second or third degree burn of 25% or more of the body; or
g) any lossthat exceeds 50% of the Covered Member's PerOccurrence
Retained Limit.
3. Notice of accident given to the Authority shall contain coonplete details on
the injury, disease, or death. If a suit, claim or other proceeding is
commenced becauseof an injury listed in above Section 2 or o:i any injury
which appears to involve coverage by the Authority, the Covered Member
shall give the Authority:
a) all notices and legal papers related to the claim, proceeding or suit,
or copies of these notices and legal papers; and
b) copies of reports on Investigations made by the Covered Member on
such claims, proceedingsor suits.
B. SETTLEMENT
Claims in excess of the Covered Members retention shall not bb settled withour
the written consent of the Authority.
C. REIMBURSEMENT AND/OR PAYMENT OF LOSS TO COVEREDI MEMBER
The Authority will paythe Covered Memberfor any loss underthis Memorandum
as follows:
1. For Part One - Workers' Compensation Insurance- The Covered Member
will pay all benefits required of the Covered Member by the Workers'
Compensation Law, including claims expense. Reimbursement by the
Authority will be made at monthly intervals after the Authority has received
proof of payment by the Covered Member.
2. For Part Two - Employers' Liability Insurance- If damdges are awarded
which the Covered Member legally must pay, the Covered Member shall
pay such damages up to its' per occurrence retained limit of the loss. The
Authority will pay all sums for which it legally must pay in excess of the
Covered Member's Per Occurrence Retained Limit.
D, SUBROGATION - RECOVERY FROM OTHERS
The Authority has the Covered Members rights, and the rights of persons entitled
to compensation benefits from the Covered Member, to recover the Authority's
fLAwCx1mQc 31971
loss from any third party liable for the injury. The covered member will do
everything necessary to protect those rights for the Authority and to assist in
enforcing them. The recovered loss, after deducting the Authority's recovery
expenses will first be used to reduce the Authority's loss. The balance, if any,
will be returned to the Covered Member.
E AUDIT
The Covered Member will keep records needed to compute the dontribution and
send copies of those records when the Authority asks for such records. The
Covered Member will also send such records to the Authority at the end of each
interim Memorandum adjustment period and upon termination of this
Memorandum. The Authority has the right to examine and audit all records of the
Covered Member which relateto this Memorandum, including ledgers, journals,
registers, vouchers, contracts, tax reports, disbursement records and programs
for storing and retrieving data. Information developed by audit will be used to
determine earned and final contribution. The Authority has the right to conduct
audits during regular business hours while this Memorandumis in force and within
three years after the final settlement of all claims or payments made on account
of bodily injury to employees through the term of this Memorandum.
F. SOLE REPRESENTATIVE
If more than one Covered Member is named in Item 1 of this Memorandum, the
Covered Memberfirst named in Item 1 of the Information Pagewill act on behalf
of all Covered Members to give, receive return premium or coverage, or request
change in this Memorandum.
G. MEMORANDUM CONFORMS TO LAW
If terms of this Memorandum are in conflict with any law a0plicable to this
Memorandum, this statement amends this Memorandumto conform to such law.
FOR LOCAL AGENCIES WORKERS COMPENSATION EXCESS
JOINT POWERS AUTHORITY
BY:
Print Name:
K.nwcxWAOC ...31921
JPA MANAGER
q 16
JOINT EXERCISE OF POWERS AGREEMiENT
LOCAL AGENCY WORKERS COMPENSATION EXCESS
JOINT PODS AUTHORITY
1. Creation cf the Joint Powers Entity
2. Functions of the Authority
3. Powers of the Authority
4. Term cf the Agreement
S. Bylaws
6. Membership in Authority
7. Withdrawal from cr: Termination of bfty bm h i p
8. Termination of Agreement
9_ Disrsifiom of Property and Funds
10L
Amendments
Il.
Severability
12
UwIlity
13.
Enforcement
14.
DefinitLans
JOINT EXERCISE OF POWERS AGREEMENT
TO ESTABLISK OPERATE, AND MAINTAIN A
JOINT PROGRAM
FOR WORKERS' CON PENSATION EXCESS PRO=IaN
THIS AGREEMENT i s en tsr� into pursuant to the provisions &Ti tl e 1, Division
7, Chapter 5, Article 1 (Sections 6500, et seq.) of the C2.1iforntia Government Code. relating to
the joint extrci se of powers, baween the agencies signatory hereto, and also those which may
hit become signatory hereto, for the purpose of operating an agency to be known and
designated as Local Agency Workers' Compensation Excess Joint Powm Authority
'Authority".
WITNESSETH:
WHEREAS, it is to the mutual benefit of the parties herein subscribed and in Oe best public
in to rest of said parties to join together to establish this Joint Rowers Agreement to accomplish
the Nrpow htreinafter set forth; and
WHEREAS, the development. organization, and implementation of such an Authority is of such
ma7Abrle that it is desirable for aforesaid parties to join together in this Joint Powers
Agreement in order to accomplish the purposes hereinafter set forth: and
WHEREAS, the signatories hereto Dave determined that there is a need, by agencies, for ajoint
p—an for "Workers' Compensation Excess" protection, and
WHEREAS, it has bem dttetmired by such signatories that a joint pian for 'Workers'
OaYpaLsatim Bress' protection is of value on an individual and mutual basis; and
WHEREAS, Title 1, Division 7, Chapter 5, Article 1, of the California Government Code
authorizes joint exercise by two or more agencies of any power common to than; and
WHEREAS, it is the desire of the signatories hereto to jointly provide for ajdint program for
Workers' Compensation Excess' protection for their mutual advantage and concern; and
WHEREAS. it is the desire of the signatories hereto to study and f= time to tore to
incorporate other forms of risk management into a joint program such as that described herein.
iAWCX AGRFZXUM sd, Aird 2. 1992
NOW, THEEM RE, FOR AND IN CONSIDERATION OF THE MUTUAL
ADVANTAGES TO BE DEPJVE.D THEREFROM, AND IN CONSIDERATION OF THE
EXECUTION OF THIS AGREEMS*1 BY OTHER AGENCIES, each of the parties hereto
does agree with each of the other parties as follows:
A Joint Pvwm Entity, separate and apart from the agencies signatory hereto, shall be
and is hereby ereattd and shall hereafter be designated as the Local Agency Workers'
Compensation Excess Joint Powers Authority ('Authority').
� j�.yr •��. � •, r�� rr. •�, rr
A. The Authority is established for the purposes of administering this Agreement.
pursuant to the Joint Powers provisions of the California Government Code, and
of providing the services and other items necessary and appropriate for the
establishment. Operation. and maintenance of a joint program for "Workers'
Cornpensadon Excess" to benefit the 'Members". and to provide a forum for
discussion, study, development. and implementation of recommendations of
mutual 'interest regarding otherjoint programs.
(1) 7b provide a joint program and system, as described in this Agreement.
the Bylaws. and the Memorandum of Coverage and give to each
Member'. of the Authority, "Workers' Compensation EktFss'.
(2) To perfmm, or contract for the performance of, the financial
administration. policy formulation, claim service, legal represtation,
safety engineering, and other development as necessary for the payment
and handling of all claims against "Members" reimbursable under the
"Workers' Compensation Excess".
(3) Th pursue "Member's' right of subrogation against a third party when the
Authority decides such action is appropriate.
(4) To enter into contracts.
(5) To obtain insurance coverage for the "Members" and/or: the Authority as
determined appropriate by the Board of Directors.
LAVICX AORFENU T d. Ard 1. tm
(g) Zb acquire., hold, and dispose of property, red and pvrs&�al, all for the
purpose of providing the membership with the necessary education, study,
development, and impiementadon of a joint program of the Workers'
Compensation lis' including, but not U m i ted to, the acquisition of
facilities and equipment, the employment of perso nn e 1, and the opera ti o n
and mas n t.er.a.rt ct of a system for the handling of the j oint program.
(7) To incur dam, liabilities. and obligations n to accomplish the
pu rpo sss of this Agreement
(g) Zb nit! v c g i fts , contributions, and donations of p rorpeT ty , funds, seryi cts ,
and other forms of assistance from persons, firms, corporations,
imcia6ans, and any govemment.a.] entity.
(9) To invest surplus 7e*, v e funds as deemed appropriate by the Board of
Directors and as subject to law.
(10) To provide a forum for discussion. study., and
implementation of rico m m en deli on s cf mutual i n teres t regarding other
joint programs.
(11) Th establish new programs as deemed appropriate by the Board of
Directors.
(12) To sue and be sued in the name cf the Authority.
(13) To perfosuch other f u n c d an s • as may be nears sary o r
rin appropriate to
carry out this Agreement so long as such other functions so performed
arc not prohibited by any provision of law.
The Authority shall have the authority to exercise any power co m m on 1 to the agencies
which arc "Nities' to this Agreement provided that the same are in furtherance of the
functions and ob j ecti Yes of this Agreement as herein set forth. Pursuant to Section 6509
of the California Government Code, the exercise of the aforesaid powers of the Authority
siiali be subject to the restrictions upon the manner of exercising such powers by an
agency having the same status as a Member Agency or Joint Powers Authority except
as otherwise proYided in this Agreement.
[A%VCX AGROE141:T ai. Aped 2. 1992
5.
This Agreement shall be effective and binding on any signatory tberetompon execution,
This Agreement shall continue in effect until lawfully terminated as provided herein and
in the Bylaws. In the event of a reorganization of one or more of the agencies
participating in thisAgreement, the successor in intmst or successors in interest to the
obligations of any such reorganized agency may be substituted as a 'party' cr as
lRdies' to this Agreement. subject to approval by a two-thirds (2/3) weighted vote of
the 'Rrbes' to this Agreement.
G�0=1:V.Tcl 1:�`►r�
If them, is'a conflict between this Agreement and any other document cf the
Authority, this Agreement shall control over such other document. Such other
document shall have the effect as if the provisions in conflict with this Agreement
were null and void,
The Authority shall be governed pursuant to certain Bylaws, aPW of which is
attached hereto as Exhibit A and incorporated herein by reference, and by such
amendments to ft Bylaws as may from time to time be adopted. Wherever in
this Agreement 'Bylaws' arc referred to, said Bylaws shall be those set forth in
Exhibit A. as may be amended. Eacb-'Party" to this Agreement agrees to
comply with and be bound by the provisions of said Bylaws and further agrees
that the Authority shall be operated pursuant to this Agreement and said Bylaws.
Procedures for amending the Bylaws shall be as provided in the Bylaws sa long
as they are not inconsistent with this Agreement.
The Authority shall provide coverage according to a Memorandum of Coverage.
The Authority and each "Member' shall be bound by the terms and conditions of
such Memorandum of Coverage.
Each Memorandum of Coverage shall have an effective date and apply as if a
new Memorandum were adopted annually, unless otherwise expressly stated. The
Memorandum of Coverage may be amended by endorsement. The procedure for
such amendment shall be described in the Bylaws.
LAVK:X AGREDAENT d. APM 2. 199!
9
The Authority may adopt any other document. such as a cl i m s proced u res
manual, risk management manual, etc., as may be necessary and proper for the
establishment, operation, and maintenance of a j oint program of ' W o rkt rs'
CtpaLsatd,cn lam'. Such documents shall be adopted by a two-thirds (213)
weighted vote of the Rtdd present at a meeting of the Board of Directors.
• : c.�ti` V,4. mv D)ZI
(1) A Board of Directors is hereby established to direct' and amt ml the
Authority.
(2) Each "party "of the Authority shall be entitled to a sea, m the Board of
Directors and shall appoint to the Board of Directors one rcpre-senta,tiYe
and one alternate who shall be designated in writing. Said rrp rese n ta d Y e
and said alternate must be an employee or authorized agent of the W
and shall serve at the pleases of the 'lei' by whom appointed.
(3) Each 'party' shall be entitled to cast weighted votes allocated by the
Authority leased upon the total payroll of the members reprewt�d, metal
payroll shall be the actual ending payroll of the previous BMW year.
When the Party" is a Joint Powers Authority. the total payroll shall be
the payroll of the participants in rhe Workers' Compensation Program of
that Joint Powers Authority. All weighted votes allocated to each "Party"
shall be cast together and cannot be split. Weighted votes shall be
allocated as follows:
$0-$35,000 1
835,001 - $ 7511000 2
$75,001 - $125,000 3
OVER $125.000 4
L
Weighted votes may be cast only by a rcpresetative or, if the
representative is absent, by an alternate designated in writing per
paragraph S.
u+wcx AGREEMENT cd. wwV 2.1992
9_--
(4) Meetings
a. 7be Board of Directors shall hold regular meetings as prescribed
in the Bylaws but in no event shall hold less tIm two regular
meetings a year.
b. Other meetings may be held as described in the Bylaws with
proper notice given as described in the Bylaws.
C. All Board meetings shall be conducted in acca ri = with the
Ralph M. Brown Act (Sections 54950. et, seq.) of the California
Government Code and the Roberta Rules of Order.
(5) The Board of Directors may delegate any authority which is not rese
exclusively for the Board by this Agreement cr the Bylaws.
:o.,o .K 0 sv►I • :la.: t silo .
An Executive Committee may be formed by the Board cf Directors b administer
and operac the risk management programs of the Authority. The Committee
shall have such authority, except those exclusively rrserved W the Board. as
oocessary and proper for the administration cf the programs of the Authority
within the policies estabiished by the Board cf Directors.
V'V' • • "ri v1 i # •
The Board cf Directors or the Executive Committee may I establish other
committees as may be. deemed expedient in the establishment oa implementation
of a program.
(3) President and Vice President
At the first Board of Directors meeting. the D i rk t ars shall elect a
President and Vice President from among its members as prescribed in the
Bylaws. Such President and Vice President shall serve such terms as
stated in the Bylaws. Subsequent Presidents and Vice Presidents shall be
elected as described in the Bylaws.
(2) Other Officers
The President shall appoint a Secretary and a Treasurer who shall se ry e
as described in the Bylaws.
[AWCX AGREEAIMT ed. Apa 2. 19'1'I
The Board may create an office as deemed appropriate for the operations
of the Authority and the President shall appoint one to serve in such
office.
(3) Any person elected cr appointed as an officer maybe removed from such
office by a majority of the weighted votes of the Board of Directors.
,,t"I-Its jzwval 4 'd
A. Each "Puty" to this Agreement and any 'Members" rep rein ted by that "Party"
must bean agency permitted to self -insure in the State of California and eligible
for membership in The Authority as defined in the Bylaws. Each 'Party"
becomes a "Member" of the Authority and shall be entitled to the rights and
privileges of membership. and shall be subje ,-t to the obligations of membership.
as provided in this Agreement and in the Bylaws.
B. Each "Fatty' to this A greemcn t shall participate and continue Io participate in the
"Workers' Compensationprogram for a period of not less than three full
program years.
C. This Agreement shall be binding upon the original 'Parties' to this Agreement
an the effective date of this Agreement.
D. Upm two-thirds (213) weighted vote of the Parties'. any agerKy, that is eligible
for membership as defined in the Bylaws and is not a 'Part y " hereto, that d es i res
tD join the Authority created hereby, may become a 'Member" hereof by
executing a copy of this Agreement whereby said agency agrees to comply with
the terms of this Agreement, the Bylaws, and the Memorandum of Coverage.
This Agreement shall be binding upon the agency effective as of the date of such
execution.
E. Each "Member' shall be subject to a retained limit per occurrence for "Workers'
Compensation Emess' as selected by the "Party" and approved by the Board Cf
Directors,
F. Each "Member" participating in a program year with fund's in excess of its
obligations shall have a right to a portion of such funds pursuant to the Bylaws.
Each "Member" participating in a program year with obligations in excess of the
funds for that program year shall be obligated to pay any a ,!zzments charged by
the Authority pursuant to the Bylaws.
cuwcx woxMMExr d. %oral 2. M2
���1s ' y _ •, a •L' it . _ • • • :J .
A. Any 'pwty' tri tUs Agreement which has been a'Party' of the Authority for at
least three (3) fu program ycars may volu n tari 1 y fermi nate tris Ag rtement as to
itself and withdraw from membership in the Authority. Such termination and
withdrawal of membership shall become effective subject and according to the
conditions, rram-EL and m easy s set forth in the Bylaws.
B. A 'pwty' maybe involuntarily terminated from the Autiwrii� upon a two-thirds
(213) weighted vote of the other 'parties! to this Agreement.
C. Withdrawal cr termination of a *Party' shall not a b so 1 ve such 'Party* of
liabilities arising out of participation in a program.
t,311 ga V m m1av au..
This Agreement may be terminated effective at the end of any fista.f year by a throe,
fourths (314) weighted vote of the 'parties' present at a Board of Dirmtors meeting,
provided. however, that the Authority and this Agreement shall continue to exist for the
purpose of disposing of all claims distribution of assets, and all other functions rmxeasary
to conclude the affairs of the Authority.
� + ��� rr��:� +; .: �a• : r . ��► yrs
A. In the event of the dissolution of the Authority,. the complete recision. cr ottim
final termination of this Agreement by the agencies then a "Party' hereto, any
property interest remaining in the Authority following a discharge cf all
obligations shall be distributed tD the "Parties" in the same relationship as their
trial contributions over all program years to the total contributions of all "Parties"
overall I - g ; n years.
B. In the event a "party" withdraws flan this Agreement. any p rope rt y interest of
that 'Patty' remaining in the Authority following discharge d all obligations shall
be disposed of as provided for in the Pylaws. Obligations, as referred to herein.
shall include, but not be limited to, all payments required by-law together with
all "Reserves' which have been established for the purpose of paying incurred
clai ns together with any other legal obligations incurred by the Authority
pursuant to this Agreement.
LAWCX AGRF.FJNFXf d. ApW 2. 1"2
This Agreement maybe amended, after 60 days notice to the `Pautiest. by a two-th i rd s
(2! 3) w e i g h ted vote of the VdW. Elamm�, this Agreement may not be am cry d ed
without a unanimous vote u— l three years after its effective cites. For purposes of this
paragraph, amend rnen t shall not include termination of dm A grte m cn t . Any such
amendment shall be effective upon the date of final execution thereof, unless o th awi se
provided in the amendment.
I
At the end of each fiscal year, the Authority shall have a financial audit by a qualified,
independent Certified Accountant. A report from the accou n tan t shall be distributed to
each and every 'party' to this Agreement.
The Authority shall have an audit of its claimsperformed at least once!every two yearn
Such audit shall be performed by an i nd epen d e -n t individual or company qualified to
perform such audits. A report of the findings of such audit shall be distributed to each
and every 'party' to this A g roan en t ,
The Authority shall have an actuarial study performed at least once every two y cars .
Such ac tuari al stu d y shall be performed by a qualified actuary and the findings of such
a study shall be distributed to each and every "Party" to this Agreement.
Should any portion, berm, eon d i d on , or provision of this Agreement be decided by a
mrt of competent jurisdiction to be illegal or in conflict with any law of the State of
California, or be otherwise rmdercd unen roraable cr ineffectual, the validity of the
remaining portions, terms, conditions, and provisions shall not be affected thereby.
14. LUUNLM
A. If a "Member" or the Authority is held liable upon any judgment for damages
caused by an act or omission that is subject to Seed= 893, et. sq . , of the
Gal i f o rni a Government Code and makes payments in excess of its "Pro Rata
Share" on such judgment, such "Member" of the Authority is entitled to
contribution from each of the other "Parties' to the Agreement. A "Member's"
"Pro Rata Share' shall be determined in the same manner as for the disposition
of property and funds as provided in the Agreement and the Bylaws.
LAWCX AGREFACUiT id. ApQ 2. 1"1
15.
B The Authority may insure itself, its directors. 0Moers, and employ=, to the
extent deemed necessary or appropriate by the B<ax of Diroctom, against 10ss,
liability, and claims arising out cf or connected 4! this Agreement
The Authority is htreb y given authority to enforce this A g ree m " t , In the e7yen t the
Authoritybrings suit against a'Member' forbreach of this Agretmesit and ajudgment
is rade for the Authority, the'Member" shall gay all casts incurrod by the Authority
as a result of such suit, including reasonable attorney's fees as f fixed by the court.
The terms used hcT6 n and in the Bylaws shall have the following mein i n g s:
A. "Claims Stry ice' shall mean a claim adjuster or claims adjusting company as may
be engaged by the Board of Directors for the purpose of determining los-ses and
payments with respect ID the Claims Fund.
B. 'Contribution" shall mean mraney payable by a 'Party" to the; Authority for the
purpose cf funding for 1 osses and ad m i n i strata ve e x pe n $es of the Authority.
C. 'Workers' Compensation Exctss" shall mean coveragt for Workers'
Compensation and RgaI yens' Liability claims in exms of Tadjes" retained
limit as further defined in the Memorandum cf Coverage.
D. Zb
Toss ats' shall mean a report showing claims under a 'Member's'
Workers' Compensation 1 ' including cu rrm t status.
E Member' shall mean any "Party" to this Agreement ��� a
joint powers authority, the joint powers authority and the participants of its
Workers' Compensation program.
F. *Memorandum of Coverage" shall mean the document stating the scope cf the
Workers' Compensation Excess" as adopted by the Board of Directors.
G. "Patty" shall mean a signatory to the Agreement.
H. "Program Year" shall mean that pe -Hod of tame, normally July 1 to the following
June 34, designated by the Board of Directors as one coverage peri od .
LAWCX AQP et. Meg I. IM 10
I. "Agency" shall mean a qxcial district, City, county, cr joint powers authority
comprised largely of the above agencies.
J. "Reserves' shall mean those parts of the "Member's" 'Contributions` Meld by the
Authority to make expected future payments on 'Woe m' Compensation Excess"
claims, whether known or unknown.
K. 'Joint Program" shall mart the group purchasing of Insurance or the funding of
loss to be paid by the group.
L. "Pro Rata Share" shall meati each "Member's" financial 'Contribution" in "
proportion to the total of all 'Member's' "Contribution's' for each fiscal year.
IN WITNESS WHEREOF, the parties hereto have caused this Agreetnent to be duly
eaecoed by their authorized off ccrs thereunto duly authorized as set forth herein below.
Party:
1
By:
Title:
tAVXX AOREEMYJiT ed. Apra 2. tM 11
'A
X V.
XV.
XVI.
XIX.
Interim Board of Directors
Board of Directors
Rules of the Board of Directors
Executive Committee
offer
Mam9er
Chaim Administrator
Pools
Fumce
Memorandum of Coverage
Accounts and Records
Risk Management
Ptes for Prospective Members
N1 from or Termination of Membership
Mien of Property and Funds
Investment of Funds
Amendment
Severability
Effective Date
E7CHI31T "A"
BYLAWS OF TIIE
LOCAL AGENCY FOR WORKERS' COMPENSATION EXCESS
JOINT POWERS AUTHORITY
PREAMBLE
Local Agcy Workers' Compatsadon acass Joint Powers Authority, (*Authority") is established
for the purpose of providing the wv- = and other items racesury and appropriate for the
establishment, operation, and maintenance of a joint program of "Workers' Compensation Eteas'
for the public a.gcncies who are 'Members" hereof and to provide a forum for discussion, study,
development. and implementation of rtco m m en d a ti o n s of mutual i n teres t regarding programs of
'Workers' CrpeYLsat3,cn Ems".
ARTICLE I
r N•I :1 -el• 1r• ••
1. An 2t3±m Board of Directors is hent appointed, with all of the dueiet and responsibilities
of the Board of Lh. The Interim Board of Directors shall serve to, but not beyond.
July 1, 1942, by which time the members of the full Board of Directors shall be established.
2. The Interim Board cf Directors shall be comprised of one represcntadve' from each of the
following entities upon joining the Authority:
EJward C. Bickmorc
Kirk 1Lus
Robert Hallock COACHELLA VALLEY
Nxbm Has -ti n gs
David Lindquist
Donald McMurchie
Charlene M. Minnick
Barry A. Mlirvarcik
Oscar G. Reyes, Jr.
Michael Simmons
CENTRAL SAN JOAQUIN VALLEY RMA
CITY OF ALAMEDA
CITY OF LODI
JOINT POWER INSURANCE AUTHORITY
CITY OF FREMONT
CITY OF VALLEJO
PARDEC/CSDA
Jerry Stockett ASSOCIATION OF CALIFORNIA
Michael Wilson
Jeanette Workman
CITY OF LIVERMORE
CITY OF REDDING
CITY OF FAIRFIELD
CCCSIF/NCCSIF/CSRMA
WATER DISTRICTS JPIA
CITY OF DALY CITY
VECTOR CONTROL JPA
3. The Interim Board of Directors shall operate pursuant to the Articles of these Bylaws.
LAwCX MAWS ea April 2.1992
ARTICLE 11
1. A Board of Directors is h emb y established to d i rec t and control the Authority.
A. Representadon
(1) Each 'party' to the Authority shay I be entitled to a seat m thr Board of
DLme tors and shall appoint to the Board of Directors cne representative and
one alternate who shall be designated in Writing. Said representative and said
alternate must be an employee cr authorized agent of the ' Party' and shall
serve at the p 1 eas ti re of the " Pariy " by whom appointed. Only the designated
representative or designated alternate who have filed a Statement of Economic
Interest Eben 730 with the State of California may represent a Party". The
designated representative and designated alternate may invite individuals from
their agencies' staff or consultants to attend meetings of the Board of
Directors in an advisory capacity.
(Z) Each "fatty" shall be entitled to cast weighted votes as set forth in the Joint
Powers Agreement.
A. The Board of Eli may conduct regular, adjourned regular, special. and
adjourned special meetings, provided, however. that it will hold 'at least two regular
meetings each ft scat y ear . The date, time, and place for each such regular meeting
shall be fixed by the Board of Directors. All meetings of the Board of Directors
shad I be called. held, and conducted in accordance with the terms and provisions of
the Ralph M. Braum Act (Sections 54950. et seq.) of the California Government
Code, as said Act may be modified by subsequent legislation, and as the same may
be augmented by rules of the Board of Directors not inconsistent therewith. Except
as otherwise provided cr permitted by law. all m ec to n g s of the Board of Directors
shall be open and public.
B. The Manager shall mail n o 6 ce.s of any and all meetings of the Blaar d of Directors
stating tree time and place of such meetings and the matters to be discussed. The
Manager shall also keep minutes of each meeting and distribute io the "Parties" of
the Authority true and accurate copies of such minutes within fifteen (15) days after
the meeting.
The Board of Directors has the authority and duty to manage the affairs of the
Authority as is consistent with the laws of the State of California, the Agreement. and
u►vrnc BYLAWS d. April 2. 1"2
these Bylaws. The Board neiy delegate any or all authority, except the following
authorities and responsibilities,
(l) The Board of Directors may amend these Bylaws with a two-thirds (2/3)
weighted vote.
I
(2) The Board may crate cr dissolve a risk management of sitlFinsurance
program with a two-thirds (2/3) wei g h ted vote.
(3) The Board of Di rec ors shall d 1 recti y or by contract provide for send oes
required to effectively implement all a4xct.s of the joint nm established
by the Authority.
(4) The Board of Ntiac, s sha11 designate a s}xcific lomtun at which it will
receive notices, correspondence, and other communications.
(S) The Board cf Directors shall comply with the provisions of Sections 6503.5
and 53051 of the Govemnent Code requiring the filing of a statement with
the Seavwy of State and with the County Clerk.
(6) The Board of Directors shall approve a budget for each rl]scal year at least
th ree (3) me n th s prior to the inception of such fiscal year.
(7) The Board of Directors shall appmwe contributions and the method by which
Contributions will be paid to the k hortty Contributions shall be based upon
the method as defined in Article IX of these Bylaws.
(9) The Board of Directon shall approve annually an investrnlent policy.
(9) The Board of Directors shall ensure that a complete and accurate system cf
acro u n ti n g of the Authority shall be maintained at all times consistent with
standards established by the Financial Accounting Standards Board and the
Government Accounting Standards Board
ARTICLE m
RULES OF THE BOARD OF DIRECTORS
The Board of D i rest o rs may establish rules governing its own conduct aii d procedure and
have such expressed or implied authority as is not inconsistent with or contrary to the laws
of the State of California. these Bylaws, or the Joint Powers Agreement.
A. A quorum for the transaction c£ business by the Board of Directors shall consist of
the representatives or alternates of no fewer than seven 'Parties" having no fewer
than a cumulative weighted vote of no less than twelve (12).
LAWCX BYLAWS ed April 2. 1992
1�. No one serving on the Board of Directors shall rec t i va any salary cr compensation
fan the Authority.
C. The Board of Directors may approve reimbursemen t for expen w incurred by a
dirxtor at its direction.
ARTICLE ry
EXECUTIVE CONII1U'1'TEE
The Bond of DhvcWn may c blish an Executive Committee to assist in the management
of the Authority. Me Executive Committee, if established, shall have the authority. except
such authority as is mwrved exclusively to the Board of Directors, to ad mi n i stir the risk
management programs in acro rdan re with the A g ret m en t and these Bylaws.
ARTICLE V
oMCERs
�J��`A. •: ��� �vi • ♦ lid
The prirdgml officm shall be a President. a Vice President, a See CUO. a Treasurtr, and
others as maybe deemed appropriate by the Board of Directors, The President and Vice
President shall be eked by the Board of Directors, The Secret ry. Treasurer, and other
otfic m shall be appointed by the President.
!, IRM4122
A. The term of rfH for the President and Vice President shall be one year coincident
vilh the i"Lcm1 year of the Authority. The term of all other offices shall continue
until such time as the President appoints another to the office.
B. Elections for the President and Vice President
Mw Pecs i d cn t and Vice President of the Authority shall 4 C]Wed by a
majority weighted vote of the Directors present at the Board of Directors
meeting.
(2) Meetbow shall take place at the last regularly scheduled Board of Directors'
meeting of each fiscal year. Candidates for the offices shall be submitted at
least thirty (30) days prior to the election by a Nominating Committee
appointed by the Board of Directors. Representatives on the Board of
Directors may make nominations of individuals who meet the requirements for
the office at the time of election. If such nomination is seconded. the
LAWC% BYLAWS ed Arg 2. 1992
nominated individual shall be a candidate for that office for which the
candidate was nominated. The candidate with the greatest number of
weighted votes shall assume the office.
(3) Any perso n el epi cr appointed as an o M cc r may be rem oved at any time. by
a majority of the weighted votes of the entire Board of Directors,
(4) All vacancies arising may be filled at any time by a majority of the weighted
votes of the Rdid present at a Board of Directors' meeting .
JMI _ C a #.1 e,raa y::
A. The Pres i d esu t shall be the chief cx ecu d v e cf r3 and shall have ger ra,l supervision
and direction of the business of the Authority. shall sec that all orders and resolutions
of the Board of Di rectors are carried into effect, and shall be a member of all
committees appointed by the Board of Directors. The President shall have other
powers and perform► such other duties as may be p rest ri bed from time to time by the
Board cf Directors.
B. MW Vice Pmidt,tit shall have such powcn and perfom such duties as may be
prescribed from time to time by the Board of D i rec tars cr the President. In the
absence of the President. the Viae President shall be vested with all the powers and
authorized to perforin all the duties of the President.
C. The Secretary shall maintain newish of all votes and the minutes of a] E meetings in a
book to be kept for that purpose. shall as s u re that notice of all m ee 6 n g s of the Board
of D i rcc t o rs is given when notice is req u i red by law or these Bylaws, and shall have
such other powers and perf= such other duties as may be prescribed from time to
time by the Board of D i rec to rs or the President.
D. The Trusurer shall be the chief financial officer cf the Authority and shall assume
the duties described in Sections 6505.1 and 6505.5 of the California Government
Code and the following duties:
1. Receive all money of the Authority and place it in investments approved by
the Board cf Directors to the credit of the Authority.
2. ' � rtsponsible for the safekeeping and disbursement of all money held by the
Authority.
3. Pay, when due, out of money of the Authority so held, all sums payable by
the Authority.
4. lmv-st the Authority funds according to the Investment policy adopted by the
Board of Directors:
LAwcx BYLAWS d. Aped 2, 1942
5. Verify and mpott quarterly in writing to the Board of Direc*s, and to the
„Pardts" cf the Authority, the amount cf rec-eipts since the last report, and the
amount paid out since the last report.
6. Act as antodim of the Authority's property.
The Ttusum shall have such other P'A'm and perform such other duties as may be
peeuribed from time to time by law or by the Board of Directors or the President.
ARTICLE VI
MANAGER
1. The Authority may be ad m i mlvxred by a N roger, who may be an ern p oyte, an
independent consultant, or a corporatdon.
A. Ge neW Asim
The Manager shall:
(1) Monitor the sta.rus of the Authority's programs and operations, the
devcloprr=t of losscs, the program's administrative and operational costs,
vtrYicc companies' performance. and brokers' performanoe;
(2) Provide appreprkte risk management counseling and information to the
Board;
(3) Assist the Board is selecting brokers, actuaries. claims auditors, and other
service companies;
(4) Design and implement new Risk Management and self-insurance programs as
directed by the Board;
(5) Promote and market the programs to prospective new "PPartles%
(6) Maintain the records of the Authority. including the prtpanbon and
distribution of tine Agreement, the Bylaws, and the Memorandums of
Coverage, as they may be revised, to all the "Parties;
(7) Prtpara Certircates of Coverage as may be required by the "Parties" of the
Authority;
L.Awcx AYLAwS ed April 2. S"2 b
(8) Prepare and distribute notices of Baard and Committee me*tings with agendas,
make the necessary arrangements for meeting facilities. and prepare and
distribute minutes of such meetings;
(9) Prep -am annual budgets for approval by the Board;
i
(10) Obtain underwriting data from the Rifml and detcrmi"i the annual
contributions of the 'Heti' for Board approval;
B. Finam-W Administration
(1) Maintain thebooks of the Authority in a manner wnsistent with the generally
accepted accounting principles and the standards established by the
Government Accounting Standards Board;
(2) Prepare quarterly financial statements. and distribute such statements to the
Ras';
(3) Prepam mthly warrants for approval by the Board or Executive Committee,
if such exists;
(4) Assist the auditors in col Iecdon of financial information and the operations of
the Authority;
ARTICLE V II
CLAIMS ADUM 1iSTRATOR
I
1.
The Authority claims shall be administered by a Claims Administrator, who may be an
employee, an independent consultant, cr a corporation.
2ie Claims Administrator shall:
A. Rmeivc Claims N dfumtim from the "Members";
B. Establish and maintain claims files, whether such claims are open cr closed;
C. Coordinate settlement and defense policy with the "Member" and/or 'moi' involved
in the lass if such settlement may include pooled funds of the Authority;
D. Appoint defense counsel to claims where appropriate;
E. Monitor and control claims activities, including the activities of defense counsel;
LAWCX W L^WS ea wpW 2. 1992 7
F. Establish and monitor claims restry s;
G. Mrtitrr settlement negotiations and request settlement authority wham apF MHate;
H. Pursta=e recovery from third parties where appropriate;
I. 1t lo$se:s to acus insurers or reinsurers where appropriate;
J. Provide monthly loss reports;
K. Monitor loss trails;
L Manage a trust account, if established. and prepare monthly a list of activities in such
a=unt;
M. Prepare IC9°9's in accordance with the requirements of the Intvral Revenue Service;
N. Cooperate with independent claims ata d i tors,
ARTICLE VIII
I
A. All "Parties" cC the Authority shall participate in the pool from which the amo-un t of
any tcry ered claim ex oce d i n g $250,000 any one occ u rre n cc shall be paid and every
"party I shall have an i n to rest in the assets and liabilities of that pool in proportion to
the deposit contributions made by the "Parties".
B. The pool shall maintain the accounts and records for each prograM ytu of the pool
separate from any other program year.
A. "Parties' who choose a retention ieyei of $150,000 shall participate in a pool,
separate and distinct from the pool for claims in excess of .250,000, Each 'Party"
shall be charged a deposit premium based in part by the actuaria]Iy determined
anticipated losses affecting this pool.
B. Only those "Parties' participating in this pool shall have an interest in the assets and
liabilities of the pool and such interest shall be in proportion to the deposit
contributions of the participants as a whole.
uWCX BYLAWS d. ApM 2.1992
•
C. The pool shall maintain the a= -u n ts and records for each program year cf the pool
separate from any other program Year,
ARTICLE DX
FINANCE
1.
71r�a Authority shall operate on a fiscal year from July I st through June 30th.
2. The Board of Directors shall annually, on cr before April I st, adopt a budget showing each
of the purposes for which the Authority will n ted money and the cs d mated amount of money
Mat will be "*d ed for me h such pu rpo se for the next fiscal year. A copy of the budget
shall be transmitted to each of the ' Parti es " .
3. Each *Party' shall pay to the Authority each fiscal year an annual contribution.
Co n tnbu b on s are due and payable upon receipt of invoice and shall be considered past due if
not re ccei v ed by the Authority after 30 days from the due dAe.
4. Each Bb's' annual "contributions" for each fiscal year shall be dettrmincd by the
Mar cy and approved by the Board of Directors no later than May 1 immediately prtm! i n g
the fiscal year. Each "Party" shall receive, as soon as practicable after adoption. a list of
the contributions by Thrbl'. Each "Rmty's. contribution shall be determined as follows:
A. The applicable share of the cost of the Authority's joint program, including the cost
of actuarialIy exptcted claims for the pool or pools in which the "Party" participates,
B. The applicable share of the General Fund requirements of the Authority.
C. The applicable share of all other costs.
D. The applicable share shall be ba$ed on the 'Party's" payroll and/or its claims
experience as these factors relate to the total payroll and experience of all
Members'.
S _ Each Real and each it sca.I year shall operate separately from even, other pool and fiscal year
m regard to its assets and obligations.
A. Should ft total obligations, including actuarially expected claims costs. for any
program year of a pool ex=d the total assets of that year, the Board. of Directors
may assess the "Parties" participating in that pool's program year for any or all of
such deficiency. If an assessment is made, it shall be borne by the "Parties" in the
same relationship as their contributions f>r that pool's program year relates to the
total of all the "Parties" contributions fir that pool's program year.
LAVACX SYLAWS W. ArM 2. 1992
ii• S h-ou 1 d the to W use, is of any pool's program year exceed the obligations, including
actuarially expected claims costs of that year, the Board of Directors may return any
cr all of the ex cess assets to the ' P arty c s " in the same relationship as each "Party's"
contribution for that pool's program year relates to the total of a I I the 'Parties"
contributions for that pol's program year.
6. All amounts not paid aftex 30 days pest the due date shall be considered delinquent. At the
Beard of Directors discretion, the Authority may establish interest charges an dl o r pen ai d es
for any and all delinquent amounts due frm its Wed.
7. 7�r e G" aa.l Fund shall be established and maintained to rami v e monies of the Authority.
The Authority shat acct and deposit in the General Fund all monies rte i ved .
8. A Claim Expense Account shall be established. if "=szary, and maintained out of monies
=x Yed by and deposited in the General Fund for the purpose cf paying investigation.
defense. related claim cost. and losses for 'Workers' Compensation Ekoess' claims.
9. A Claims Pesexve Account shall be established. if rooessary. and maintained out of monies
rax i Y ed by and deposited in the General Fund for the purpose of funding the G to eral
R t --,m m , i. t., monies for claims which have be= i n cu rre d by the "Members" but remain
unpaid, and the Catastrophe Reserves. i. e . , m o n i es for claims which have not been incurred.
ARTICLE X
MEMORANDUM OF COVERAGE
1. A Memorandum of Coverage for each program year shall be adopted by a majority of the
weighted votes of the represeentadves present at the Board meeting prior to the inception of
that program year.
A. As soon as practicable following the adoption of the Memorarrd� rn of Coverage, the
N kager shall distribute to the 'Parties" a Memorandum of Coverage.
B. The Memorandum of Coverage shall contain:
(1) The scope of protection provided for "Workers' Comperwtion Excess"
claims.
(2) Other terms and conditions which the Board of Directors may consider
necessary.
(3) The names of the "Members" which the Memorandum is intended to cover.
2. The Agreement and/or these Bylaws shall supersede any provisions in the Memorandum of
Coverage which is in conflict with the Memorandum of Coverage.
IAWCX MAWS d. ApJ 2. 1992 1 10
* . 0
ARTICLE X
A C 000rTM AND RECORDS
1. The Trca.surtr will be designated a depository for the Authority as appm4W by the
Authority in compliance with California Govern mtnt Code 6505.5.
2. The Authority is strictly accountable for all funds reeiyod and disgcrsed by it and, to that
end, shall establish and maintain such funds and aa:ounts as may be required by generally
acecpted accounting practices or by any provision of law or any resolution of the Authority.
Books and rexrds of the Authority in the hands of the Trtasuret shall be open to inspection
at all reasonable times by rcpresprtaEives of the "Members'. The Manager, as soon as
pmcbeW after the close of each fiscal quarter, shall give a complete written report of all
financial activities for such fiscal quarter and fiscal year to date to each 'Member' of the
Authority.
A. The Board of Directors shall con tract with a MrHfiM Public Aunt to make an
annual audit of the accounts, records. and financial affairs of the Authority and shall
conform to generally accepted auditing standards and accounting principles.
& WK" such an audit of accounts, records, and financial affairs is made by a Certified
Public Accountant. a report thereof shall be filed as a public record with each of the
'Mies, of the Authority, and also with the Auditor -Controller of the Stale of
California.
C. Such reports shall be filed within six (6) months of the end of the fiscal year under
examination. Any costs of the audit, including contracts with, or employment of,
Certified Public Accountants in making the audit(s) provided for herein, shall be
appropriate administrative charges against the funds of the Authority.
ARTICLE XII
RISK MANAGEMENT
The Board of Dimctors of the Authority shall adopt proctdaccs for risk'managemcnt
practices. Each of the 'NbWoers" hereby agre-es to implement in its agency the required
prooed a res for risk management practices adopted by the Board of Directors.
ARTICLE XIII
PROCEDURES FOR PROSPECTIVE NEW PARTIES
LAWCX BYLAWS W Apn1 2, 1992 11
0 • •
A. Prospex-tive New 'party' will fully complete the Authority's app on survey and
return it to the Manager.
R The Manager will review the submission and make a recammendh6cn to the Board of
Directors for approval cr non -approval.
C. Tbebftmgw will review, in addition to any otha factors pertinent to the decision to
aeoep Me prospective new 'per', the following:
(�) Five (5) year lass history
�) Lass problem areas and co nw d on s ta}:rz
(3) Politicalclimate
(4�) Administration's attitude on commitment to good Risk Management
tt Claims administrator
(6) Unusual exposutms
A. New *?w4les' must be reviewed and approved for membership at a regular of sped
meeting of the Authority's Board prior to binding coverage.
& After the prospective new "Party" has been reviewed and approved for membership
the Authority will instruct the Manager to bind the required covq-arc, but c -overage
shall not commence util the date requested on the survey.
C. New 'pi's' contribution will be prorated from date of binding of coverage to the
end of the program ymr (Jun 30th).
ARTICLE X TV
WITHDRAWAL FROM OR TERMM A TI O N OF 1M T2y0 EkS H IP
1, Any "Party" having met the requirements for withdrawal as defined in the Agreement may
withdraw from its status as a member of the Joint Powers Agreement at, the end of any fiscal
year by notifying the Board of Directors of the Authority in writing at least sixty (60) days
prior to withdrawal.
2. A "party' may be involuntarily terminated from the Authority upon a two thirds (213)
weighted vote cf the "Parties" to the Agreement. Involuntary termination shall have the
effect of eliminating the "Party" as a signatory of the Joint Powers Agreement and as a
"Member" of the Authority, effective at the end of the &qM1 year in which the action is
taken or upon such other date as the Board of Directors may specify, but, except for Clause
(F) below, not less than sixty (60) days after notice of involuntary termination is given.
LA WCX BYLAW ed April 2.1992 12
RESOLUTION NO. 92-92
yt�a�a=ST.R=Si T.FFF.Z FFF raaSa
A RESOLUTION OF THE LODI CITY COUNCIL
AUTHORIZING PARTICIPATION IN THE LOCAL AGENCY'S
WORKERS' COMPENSATION EXCESS JOINT POWERS AUTHORITY
sa=aass =-as=ssasSeas=aasaaEms a=a=a=aasa-a===am===a==a asaa== ==N =a=aaam==a =
WHEREAS, the City of Lodi is authorized, pursuant to Government
Code Section 6500 et seg., to enter into a Joint Powers Authority with
other public agencies; and
WHEREAS, it is proposed that cities and special districts
throughout California join together to create the Local Agency Workers'
Compensation Excess Joint Powers Authority to provide "pooled" funding
of Uorkers' Compensation insurance benefits and costs, and said Joint
Exercise of Powers Agreement and By -Laws and Memorandum of Coverage are
on file in the Office of the City Clerk and incorporated herein by
reference as though set forth in full; and
WHEREAS, actuarial studies have been undertaken that indicate
that if cities and special districts with an a gregate annual payroll
in excess of five hundred million dollars (S50�,006,000) were to loin
together in a Joint Powers Authority for excess workers' compensation
coverage, that such an amount would be sufficient to initially fund the
proposed Joint Powers Authority;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Lodi as follows:
1. That the City join and participate in the Local Agency
Workers' Compensation Excess Joint Powers Authority so long as public
agencies within the State of California having an agggreggate annual
payroll in excess of four hundred million dollars ($40f3,00D,000) also
agree to join said Joint Powers Authority on or before June 1, 1992 and
other agencies with annual payroll in excess of one hundred million
dollars ($100,000,000) precommit to join the Joint Powers Authority on
or before January 1, 1993.
2. That the Mayor, City Manager and City Attorney are authorized
to execute those documents necessary to enter iito said Local Agency
Workers' Compensation Excess Joint Powers Authority on behalf of the
City of Lodi.
3. That, should sufficient public agencies not agree to create
the Joint Powers Authority as set forth in Section 1 above, then the
City Manager is authorized to place the City's workers compensation
excess insurance with private insurers as is the normal and customary
practice of the City.
Dated: May 20, 1992
RES9292/TXTA.02d
Resolution No. 92-92
Date: May 20, 1992
Page Two
I hereby certify that Resolution No. 92-92 was passed and adopted
by the Lodi City Council in a regular meeting held May 20, 1992 by the
following vote:
Ayes: Council Members ' Hinchman, Pennino, Sieglock, Snider
and Pinkerton (Mayor)
Noes: Casntil Members' None
Absent: Council Members " None
Alice M Reimche Ct� y4
City Clerk J
92-92
RES9292/TXTA.02J