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HomeMy WebLinkAbout1981-11-24 - Resolution No. 81-21• • • l~ RESOLUTION NO. 81-21 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA COUNTY WATER DISTRICT APPROVING THE JOINT POWERS AGREEMENT FOR COLLECTIVE SELF INSURANCE FOR WORKMAN'S COMPENSATION INSURANCE WHEREAS, the YORBA LINDA COUNTY WATER DISTRICT desires to join with other parties to establish a program of collective self-insurance for the payment of all compensation and other benefits payable under the Worker's Compensation Laws of the State of California by a member district; and WHEREAS, California Government Code sections 6500 et seq. provide that two or more public agencies may by agreement jointly exercise any power common to the contracting parties; and WHEREAS, California Government Code Section 990.4 provides that a local public entity may provide worker's compensation insurance by self-insurance; and WHEREAS, California Government Code Section 990.8 provides that two or more local entities may, by a joint powers agreement, provide insurance for any pur- pose by any one or more of the methods specified in Government Code Section 990.4; and WHEREAS, each of the parties of this Joint Powers Agreement desires to join together with the other parties for the purpose of pooling their self-insured worker's compensation losses and jointly purchasing excess insurance and adminis- trative services in connection with a joint protection program for said parties; and WHEREAS, it appears economically feasible and practical for the parties to this agreement to do so; -1- • • NOW THEREFORE, for and in consideration of the mutual advantages to be derived, and in consideration of the execution of this agreement by other Districts, the Board of Directors of the Yorba Linda County Water District does hereby agree as follows; 1.To approve the Joint Powers Agreement attached hereto as exhibit "A" 2. Authorize the execution of the Joint Powers Agreement. 3. Authorize the Secretary of the District to transmit a copy of this resolution and the Joint Powers Agreement to the California Special District Association. PASSED AND ADOPTED on November 24, 1981, by the following called vote: AYES: Directors, Howard W. Lindow, Fred G. Clodt, Arthur C. Korn, Whit Cromwell and M. Roy Knauft, Jr. NOES: None ABSENT: None ABSTAIN: None (SEAL) ATTEST- ZV'7nSecrry ~ of the Yorba nda County V Water District President of the Board of Directors Yorba Linda County Water District -2- 0 00 00 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss YORBA LINDA COUNTY WATER DISTRICT) I, Jean E. Mathews, Secretary of the Board of Directors of the Yorba Linda County Water District, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Board of Directors of said district and was approved by the President of said Board of Directors of said District at a regular adjourned meeting of said Board of Directors held on the 24th day of November, 1981, and that it was adopted by the following called vote: AYES: Directors, Howard W. Lindow, Fred G. Clodt, Arthur C. Korn, Whit Cromwell and M. Roy Knauft, Jr. NOES: None ABSENT: None ABSTAIN: None f Sec`'retary of the Board of Directors Yorba Linda County Water District • -4* 416 YORBA LINDA COUNTY WATER DISTRICT 4622 PLUMOSA STREET AREA CODE 714 PHONE 924.7226 VOR4A LINDA. CALIFORNIA 92646 ®U MAILING ADDRESS DRAWER F LETTER OF TRANSMITTAL To: California SDeci_al District Assoc-Date: --1211/81 _1_Q11_Eleventh Street Suite 300 Tract No: Our Job No: Sacr_ameatr,_ ca_Liforrua 95814 Re: --3_es-Ou.tion No. 81-21 Attn: with-Loin1__Pewer-, Agr m nt attach pd Gentlemen: as exhibit IIAII We ore forwarding X By Mail By Messenger No. of Copies Description 1 Resolution No. 81-21 with exhibit This material is sent for: Checking and/or Approval ❑ Your files, copies Remarks: ❑ Please sign, seal and notarize original and__ _ _ --copies and return to the District with a payment of Yorba Linda County Water District By Jean E. Mathews, Secretary JEM: Enclosure: 1 JOINT POWERS AGREEMENT THIS AGREEMENT is made and entered into in the County of Sacramento, State of California, by and among various special districts organized and existing under the laws of the State of California, hereinafter collectively referred to as "Districts" and individually as "District", who have executed this Joint Powers Agreement. RECITALS WHEREAS the Districts who are parties hereto desire to establish a program of collective self-insurance for the payment of all compensation and other benefits payable under the Worker's Compensation laws of the State of California by a member district; and WHEREAS California Government Code sections 6500 et seq. provide that two or more public agencies may by agreement jointly exercise any power common to the contracting parties; and WHEREAS California Government Code section 990.4 provides that a local public entity may provide worker's compensation insurance by self-insurance; and WHEREAS California Government Code section 990.8 provides that two or more local entities may, by a joint powers agreement, provide insurance for any purpose by any one or more of the methods specified in Government Code section 990.4; and WHEREAS each of the parties to this Joint Powers Agreement desires to join together with the other parties for the purpose !o of pooling their self-insured worker's compensation losses and jointly purchasing excess insurance and administrative services in connection with a joint protection program for said parties; and WHEREAS it appears economically feasible and practical for the parties to this agreement to do so; NOW, THEREFORE, for and in consideration of the mutual advantages to be derived, and in consideration of the execution of this agreement by other Districts, each of the parties hereto does hereby agree as follows: (1) PURPOSE This agreement is entered into by Districts pursuant to Government Code sections 990, 990.4, 990.8 and 6500, et seq., in order to provide a program of collective self-insurance for the payment of all compensation and other benefits required of Districts by the worker's compensation law of the State of California. Addi- tional purposes are to reduce the amount and frequency of losses, and to decrease the cost incurred by Districts in the handling and litigation of claims. The program shall be known as PROGRAM CSDA. (2) AGENCY The California Special Districts Association, a California non-profit corporation, is hereby designated as the agency to administer and execute this Joint Powers Agreement pursuant to the joint powers provisions of the Government Code of the State of California. The California Special Districts Association shall be paid 10% of the annual manual premium of all districts that are members of PROGRAM CSDA for its services as the administering agency. PROGRAM CSDA shall continue only so long as the California Special Districts Association continues as the administering agency -2- of PROGRAM DA. IRS (3) AGENCY POWERS Agency shall have the powers common to Districts and is hereby authorized to do all acts necessary for the exercise of said common powers, including, but not limited to any or all of the following: (a) To make and enter into contracts. (b) To incur debts, liabilities or obligations. (c) To acquire, hold or dispose of property, contributions, and donations of property, funds, services and other forms of assistance from persons, firms, corporations and governmental entities. (d) To sue and be sued in its own name. (e) To employ agents and employees. (f) To exercise all powers necessary and proper to carry out the terms and provisions of this agreement or otherwise authorized by law. (4) TERM OF AGREEMENT This agreement shall become effective on January 1, 1982, providing that upon that date Districts have executed this agreement having a combined worker's compensation premium based on manual rates of at least $250,000.00. When effective, this agreement shall continue thereafter until terminated as hereinafter provided. This agreement shall become effective as to each member District as of January 1, 1982, if executed prior to that date; and if executed after that date shall become effective upon the first day of the -3- 0 0 00 month following the execution of this agreement by District and by the California Special Districts Association as administering agency. (5) MEMBERSHIP Each District which is a party to this agreement must be a District which is duly organized and laws of the State of California; must be California Special Districts Association; for membership in PROGRAM CSDA as defined and must be approved for participation in manner provided in the Bylaws. (6) ADMINISTRATION OF PROGRAM existing under the a member of the must be eligible in the Bylaws; PROGRAM CSDA in the PROGRAM CSDA shall be administered pursuant to.the terms of this agreement and pursuant to the Bylaws of PROGRAM CSDA, a copy of which is attached hereto marked Exhibit "A" and made a part hereof. Each party to this agreement agrees to comply with and to be bound by the provisions of said Bylaws and further agrees that PROGRAM CSDA shall be operated pursuant to this agreement and said Bylaws. (7) WITHDRAWAL OR INVOLUNTARY TERMINATION Any District, after completing three fiscal years as a participating District, may voluntarily withdraw from membership in PROGRAM CSDA as provided in the Bylaws, or a District may be involuntarily terminated as provided in the Bylaws. (8) TERMINATION OF PROGRAM If on June 30, 1982, or on June 30 of any year thereafter, -4- the total estiffied annual manual premium payafe to PROGRAM CSDA for the next forthcoming fiscal year is less than $200,000, then PROGRAM CSDA shall terminate as of midnight on June 30 of the then current year unless this Joint Powers Agreement is amended in the manner hereinafter set forth to permit the continuance of PROGRAM CSDA at a lower annual premium. PROGRAM CSDA shall terminate if the California Special Districts Association refuses to act as administering agency of PROGRAM CSDA, or PROGRAM CSDA may be terminated at any time upon the agreement of all of the then member Districts. In the event of the termination of PROGRAM CSDA, the California Special Districts Association shall pay to member Distrcicts their pro rata share of the assets of PROGRAM CSDA pursuant to the provisions of the Bylaws. (9) AMENDMENTS This agreement and/or the Bylaws attached hereto may be amended by an amendment in writing signed by two-thirds of the Districts then parties to this agreement. Upon signature of any amendment by two-thirds of the member Districts, any member District failing or refusing to con- cur in such amendment may be involuntarily terminated as a party to this agreement, as provided in the Bylaws. (10) PARTIES TO AGREEMENT Each District which has executed this agreement certifies that it intends to and does contract with all other Districts who are signa- tory of this agreement and, in addition, with each District which may later be added as a party to and signatory to this agreement. Each party to this agreement also certifies that the deletion of any District from this agreement by voluntary withdrawal, involuntary termination, or otherwise, shall not affect this agreement, nor each District's intent to contract as described above with the then-remaining Districts. -5- (11) ENFORCEMENT Agency is hereby granted authority to enforce this agreement. In the event action is instituted to enforce the terms of this agreement or the Bylaws against any District which signed this agreement, the District agrees to pay such sums as the court may fix as attorney fees and costs in said action. (12) NON-LIABILITY OF AGENCY Nothing in this agreement or in the Bylaws adopted pursuant hereto shall be construed as imposing liability upon Agency or any director, officer or employee thereof for the payment of worker's compensation claims of participating Districts, the sole recourse of claimants being against funds of participating Districts paid into PROGRAM CSDA for the pay- ment of such claims. Pursuant to Government Code section 6508.1 the debts, liabilities and obligations of Agency shall not be debts, liabilities or obligations of the parties to this agreement, nor of any District, nor of PROGRAM CSDA. (13) COUNTERPARTS This agreement may be executed in one or more counter- parts and shall be as fully effective as though executed in one document. YORRA TNDA CDl1NTY WATER District By President By Q A t~ Secretary -6- EXECUTION BY AGENCY The California Special Districts Association, the administering agency under this Joint Powers Agreement, hereby executes this agreement and accepts the District named above as a member District in PROGRAM CSDA subject to all of the terms and conditions set forth in the Joint Powers Agreement and in the Bylaws. Dated: CALIFORNIA SPECIAL DISTRICTS ASSOCIATION By -7-