HomeMy WebLinkAbout2012-04-26 - Resolution No. 12-09 ' RESOLUTION NO. 12-09
RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER
DISTRICT CONSENTING TO JOIN THE HEALTH BENEFITS PROGRAM OF
THE ACWA JOINT POWERS INSURANCE AUTHORITY, RATIFYING THE ACTION
OF THE ACWA HEALTH BENEFITS AUTHORITY BOARD OF DIRECTORS TO
TERMINATE THE HEALTH BENEFITS AUTHORITY JOINT POWERS AGREEMENT,
AND AUTHORIZING AND DIRECTING THE GENERAL MANAGER TO
EXECUTE ALL NECESSARY DOCUMENTS
WHEREAS, this Agency entered into a joint exercise of powers agreement ("HBA
Agreement") with the Association of California Water Agencies Health
Benefits Authority ("HBA") in order to pool its purchasing needs with other
public agencies desiring to provide their employees with comprehensive
and economical health and welfare benefits; and
WHEREAS, this Agency entered into a Health Benefits Memorandum of
Understanding ("MOU") to enroll in specific health programs and ancillary
programs ("Existing Employee Benefits Coverage") offered by HBA and
agreed to abide by: (1) the HBA Agreement; (2) all rules and procedures
established by HBA in the administration of the Agency's Existing
Employee Benefits Coverage; and (3) all underwriting, eligibility, and
' contribution requirements in Appendix A to the MOU; and
WHEREAS, this Agency entered into a joint exercise of powers agreement ("JPIA
Agreement") with the Association of California Water Agencies Joint
Powers Insurance Authority ("JPIA") in order to pool its purchasing needs
with other public agencies desiring to obtain comprehensive and
economical public liability, workers' compensation, unemployment, health,
accident and/or dental, or property coverage; and
WHEREAS, JPIA is both qualified and authorized by the laws of the State of California
to administer the Existing Employee Benefits Coverage to this Agency
through JPIA's Employee Benefits Program; and
WHEREAS, during a noticed special meeting held on February 6, 2012, the HBA
Board of Directors unanimously voted to transfer all HBA operations and
administrative functions to JPIA on or about July 1, 2012, and to pursue a
merger of the two public agencies after which the HBA Agreement would
be terminated; and
WHEREAS, pursuant to Article 22 of the HBA Agreement, the HBA Agreement may be
terminated by the HBA Board of Directors subject to ratification by the
written consent of three-fourths of the HBA Member agencies within 90
' days of the HBA Board's action, provided, however, that HBA and the
HBA Agreement shall continue to exist for the purpose of concluding all
functions necessary to wind up HBA's affairs; and
Resolution No. 12-09 Consenting to Join the Health Benefits Program of ACWA JPIA Page 1
' WHEREAS, during a noticed regular meeting held on March 28, 2012, the HBA Board
of Directors approved HBA Resolution 12-03-02: (1) electing to terminate
the HBA Agreement pursuant to Article 22 of the HBA Agreement and,
except as provided in clause 2 below, said termination shall become
effective upon ratification by the written consent of three-fourths of the
HBA member districts and agencies; (2) recognizing that pursuant to
Article 22 of the HBA Agreement, HBA and the HBA Agreement shall
continue to exist for the purpose of winding up and dissolving the
business affairs of HBA, and acknowledge that the HBA Board of
Directors is vested with all powers of HBA for doing the same; and (3)
declaring that Resolution 12-03-02 shall take effect on April 1, 2012,
thereby beginning the 90-day ratification period.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Yorba Linda
Water District hereby:
1. Agrees that the HBA Memorandum of Understanding referred to in the
recitals above is incorporated in this resolution by reference.
2. Consents to join JPIA's Employee Benefits Program and acknowledge,
represent, and agree that all terms and conditions of the HBA
Memorandum of Understanding apply to the provision of this Agency's
' Existing Employee Benefits Coverage through JPIA.
3. Authorizes and directs this Agency's General Manager to cooperate fully
with HBA and JPIA in the execution of any other documents and in the
completion of any additional actions that may be necessary or appropriate
for the purpose of ensuring that this Agency's Existing Employee Benefits
Coverage continues without lapse through JPIA.
4. Ratifies the action of the HBA Board of Directors to terminate the HBA
Agreement, to be effective as provided in Article 22 of the HBA
Agreement.
5. Directs the Secretary of the Board of this Agency to immediately send a
certified copy of this resolution to: Association of California Water
Agencies Health Benefits Authority, 4600 Northgate Blvd, Suite 100,
Sacramento, California, 95834.
Resolution No. 12-09 Consenting to Join the Health Benefits Program of ACWA JPIA Page 2
' PASSED AND ADOPTED this 26" day of April 2012, by the following called vote:
AYES: Directors Beverage, Collett, Hawkins, Kiley and Melton
NOES: None
ABSTAIN: None
ABSENT: None
Phil Hawkins, President
ATTEST:
Ken eth R. Vecchiarelli, Secretary
Reviewed as to form by General Counsel:
Arthur G. Kidman
Kidman Law LLP
Resolution No. 12-09 Consenting to Join the Health Benefits Program of ACWA JPIA Page 3