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HomeMy WebLinkAbout87-033~~ ~~' ' ip. ~i ~ ~. 4 .,A:.i i~':1,,1A ~ ~, i'~ ' :~ BOARD OF SUPERVISORS ^ .. ~ CC?L1NTY t~F F3LJTTF,_ STATE OF CALIFORNIA Resolution No. x7--33 RESOLUTION APPROVING AMENDMENTS TO THE CSAC EXCESS INSURANCE AUTHORITY JOINT POWERS AGREEMENT AND AUTHORIZING EXECUTION flF THE AMENDED AGREEMENT BY THE CHAIRMAN WHEREAS, the County of Butte is a member of the CSAC Exeess Insurance Authority Joint Powers Agency(hereinafter "the Agency"); and WHEREAS, the Agency is proposing to enter into a new insurance program; and WHEREAS,it is necessary ~o amend the Joint Powers Agreement (hereinafter "the Agreement") by which the Agency was created in order to provide for the organizational and administrative changes necessary to implement the new insurance program; and WHEREAS, the Board has reviewed the proposed amendments to the Agreement; NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of Supervisors of the County of Butte that the County does approve and adopt the Joint Powers Agreement set forth in Exhibit A attached hereto and incorporated herein by this reference; BE IT FURTHER RESOLVED that the Chairman of the Board of Supervisors be, and is, authorized to execute the Agreement on behalf of the County of Butte. PASSED AND ADOPTED this 3rd day of March 1987, by the Board of Supervisors of the County of Butte, State of California, by the following vote: AYES: Supervisors Fulton, McInturf, Vercruse and Chair Dolan NOES: Supervisor McLaughlin ABSENT: None NOT VOTING: None ,~wrat UL~tN, cnair oi- the Butte ounty Board of Supervisors ATTEST: AiA~R~_IAL~d'. NICHOLS, Chief Administrative Officer and Cleric of the Board BY~~~Co%~~~~r~ 1~ Adopted: Amended: Amended: JOINT POWERS AGREEMENT October 5, 1979 May 12, 1980 January 23, 1987 CREATING THE CSAC E%CESS INSIIRANCE AOTHORITY This Agreement is executed in the State of California by and among those counties organized and existing under the con- stitutian of the State of California which are parties signatory to this Agreement. The CSAC Excess Insurance Authority was formed under the sponsorship of the County 5upervisars Associa- tion of California. A11 such counties, hereinafter called member counties, shall be listed in Appendix A, which shall be attached hereto and made a part hereof. RECrTALs WHEREAS, Article 1, Chapter 5, Division 7, Title 1 of the California Government Code (Section 6500 et seq.) permits two or more public agencies by agreement to exercise jointly powers common to the contracting parties; and WHEREAS, Article 16, Section 6 of the California Con- stitution provides that insurance pooling arrangements under -ioint exercise of power actreements shall not be considered the provides that a local public entity may self-insure, purchase in- surance through an authorized carrier, or purchase insurance through a surplus line broker, or any combination of these; and WHEREAS, pursuant to California Government Code Section 990.6, the cost of insurance provided by a local public entity is a proper charge against the local public entity; and WHEREAS, California Government Code Section 990.8 provides that two or more local entities may, by a 7 oint powers agreement, provide insurance for any purpose by any one or more of the methods specified in Government Code Section 990.4 and such pooling of self-insured claims or losses is not considered insurance nor subject to regulation under the Insurance Code; and WHEREAS, the counties executing this Agreement desire to join together for the purpose of jointly funding programs of excess insurance for workers' compensation, comprehensive liability, property and other coverages to be determined; NOW THEREFORE, the parties agree as follows: ARTICLE 1 DE?~''INITION3 '~CSAC'~ shall mean the County Supervisors Association of California. ++Claim'+ shall mean a claim made against a member county arising out of an occurrence which is covered by an excess in- surance program of the Authority in which the member county is a participant. ++Dependent district++ shall mean a special district or county service area within a member county which is governed by the county's board of supervisors, ~+ESeCUtive Cammittesi+ shall mean the Executive Com- mittee of the Board of Directors of the Authority. ++Esoess iasurance program++ shall mean a program of the Authority under which participating counties are protected against designated losses in excess of their self-insured reten- tion levels or deductibles as the case may be. ~+Fiscal year+~ shall mean that period of twelve months which is established by the Board of Directors as the fiscal year of the Authority. ++Government Code++ shall mean the California Government Code. +'Joint powers law++ shall mean Article 1, Chapter 5, Division 7, Title 1 (commencing with Section 6500) of the Govern- ment Code. ..~___.. _L_„ ~_...~ ., ~s.~L.~1;~1-.. .,,. r,n~cr,f-ia1 liahil~i'v of "Member county++ shall mean any county which, through the membership of its supervisors in CSAC, has executed this Agreement and become a member of the Authority. "Member county" shall include a dependent district or other local entity within such county which is included under this Agreement pursuant to Article 3(b). +'Occurrence" shall mean an event which is more fully defined in the memorandums of coverage and/or.policies of an excess insurance program in which the participating county is a member. +rParticipating county+' shall mean any member county which has entered into a program offered by the Authority pur- suant to Article 14 of this Agreement and has not withdrawn or been cancelled therefrom pursuant to Articles 21 or 22. +'Self-insured retention+' shall mean that portion of a loss resulting from an occurrence experienced by a member county which is retained as a liability or potential liability of the county and is not subject to payment by the Authority. "Reinsurance" shall mean insurance purchased by the Authority as part of an excess insurance program to cover that portion of any loss which exceeds the joint funding capacity of that program. in order that they may jointly develop and fund programs of excess insurance far workers' compensation, comprehensive liability, property and other coverages to be determined. such programs may include, but shall not be limited ta, the creation of Saint insurance funds, the purchase of reinsurance, and the provision of necessary administrative services. Such administra- tive services may include, but shall not be limited to, risk management consulting, loss prevention and control, centralized loss reporting, actuarial consulting, claims adjusting, and Legal defense services. ARTICLE 3 PARTIES T4 AGREEMENT (a) Each member county, as a party to this Agreement, certifies that it intends to and does contract with all other member counties as parties to this Agreement and, with such other counties as may later be added as parties to this Agreement pur- suant to Article 20 as to all programs of which it is a par- ticipating county. Each member county also certifies that the removal of any party from this Agreement, pursuant to Articles 21 or 22, shall not affect this Agreement or the member county's obligations hereunder. if,~ a tnnmher r•~„r,~-v may contract an behalf of , and inclusion of such district. (2) Any other local entity .which prior to the member county's entry into an excess insurance program received insurance coverage from the member county, at the request of the member county to the Board of Directors and from the tune that such entity is accepted by the Authority Board. Such district or other local entity shall. not be con- sidered a separate party to this Agreement, shall not affect the member county's representation on the Board of Directors, and shall be part of and represented by the member county for all purposes under this Agreement. ARTICLE 4 TERM This Agreement shall become effective when executed and returned to the Authority by at least two-thirds (2/3) of the member counties. The Authority shall promptly notify all member counties in writing of such effective date. This Agreement shall continue in effect until terminated as provided herein. ARTICLE 5 CREATION OF THE AUTHORITY ARTICLE 6 POWERS OF THE AIITHORITY The Authority shall have all of the powers common to counties in California and all additional powers set forth in the joint powers law, and is hereby authorized to do all acts neces- sary for the exercise of said powers. Such powers include, but are not limited to, the following: (a) To make and enter into contracts. (b) To incur debts, liabilities, and obligations. (c) To acquire, hold, or dispose of property, con- tributions and donations of property, funds, services, and other forms of assistance from persons, firms, corporations, and government entities. (d) To sue and be sued in its own name, and to settle any claim against it. {e) To receive and use contributions and advances from member counties as provided in Government Code Section b504, in- cluding contributions or advances of personnel, equipment, or property. {f) To invest any money in its treasury that is not required for its immediate necessities, pursuant to Government ARTICLE 7 80ARD OF D~RECTOR3 The Authority shall be governed by the Board of Directors, which shall be composed of one director from each mem- ber county, appointed by the member county board of supervisors and serving at the pleasure of that body. Each member county board of supervisors shall also appoint an alternate director who shall have the authority to attend, participate in and vote at any meeting of the Board when the director is absent. A director ar alternate director shall be a county supervisor, other county official, or staff person of the member county, and upon termina- tion of office or employment with the county, shall automatically terminate membership or alternate membership on the Soard. Any vacancy in a director or alternate director posi- tion shall be filled by the appointing county's board of supervisors, subject to the provisions of this Article. A majority of the membership of the Board shall con- stitute a quorum for the transaction of business. Each member of the Soard shall have one vote. Except as otherwise provided.in this Agreement or any other duly executed agreement of the member counties, action of the Board shall require the affirmative vote who represent counties participating in that program. At any meeting at which a quorum is initially present the Board may continue to transact business notwithstanding the withdrawal of enough members to leave less than a quorum, provided that each action is approved by at least a majority of the number.required to constitute a quorum, and is taken subject to the above stated proviso concerning actions restricted to one program and to special voting requirements stated elsewhere in this Agreement. ARTICLE 8 PO~ER3 OF TSE BOARD OF DIRECTORS The Board of Directors shall have the following powers and functions. {a) The Board shall exercise all powers and conduct all business of the Authority, either directly ar by delegation to other bodies or persons unless otherwise prohibited by this Agreement, or any other duly executed agreement of the member counties or by law. (b) The Board shall form an Executive Committee, as provided in Article 11. The Board may delegate to the Executive Committee and the Executive Committee may discharge any powers or such other committees as it deems appropriate to conduct the business of the Authority. The membership of any such other com- mittee may consist in whole or in part of persons who are not members of the Board; provided that the Soard may delegate its powers and duties only to a committee of the Board composed of a majority of Board members. Any committee which is not composed of a majority of Board members may function only in an advisory capacity. (d) The Soard shall elect the officers of the Authority and shall appoint or employ necessary staff in accord- ance with Article 13. (e) The Board shall cause to be prepared, and shah. review, modify as necessary, and adopt the annual operating budget of the Authority. Adoption of the budget may not be delegated. (f) The Board shall develop, or cause to be developed, and shall review, modify as necessary, and adopt each excess in- surance program of the Authority, including all provisions for reinsurance and administrative services necessary to carry out such program. (g) The Board, directly or through the Executive Committee, shall provide for necessary services to the Authority (h) The Board shall provide general supervision and policy direction to the General Manager/Secretary. (i) The Board shall receive and act upon reports of the committees as established by the Board, and the General Manager/Secretary. (j) The Board shall act upon each claim involving liability of the Authority, directly or by delegation of authority to the Executive Committee or other committee, body or person, provided, that the Board shall establish monetary limits upon any delegation of claims settlement authority, beyond which a proposed settlement must be referred to the Board for approval. (k) The Board may require that the Authority review, audit, report upon, and make recommendations with regard to the safety or claims administration functions of any member county, insofar as those functions are affecting the liability or poten- tial liability of the Authority. The Board may forward any or all such recommendations to the county with a request for com- pliance and a statement of potential consequences for noncompliance. (1) The Soard shall receive, review and act upon peri- odic reports and audits of the funds•of the Authority, as required under Articles 16 and 17 of this Agreement. -,..~ m4,a fl.1~4•A ,,,~,~ ,.nnn r*nn~u7_tat~ori with a Ca5LialtV to such fund. (n) The Board shall have such other powers and duties as are reasonably necessary to carry out the purposes of the Authority. ARTICLE 9 MEETINGS OF THE BOARD OF DIRECTORS (a) The Board shall hold at least one regular meeting each year and shall provide far such other regular meetings and far such special meetings as it deems necessary. (b) The General Manager/Secretary of the Authority shall provide for the keeping of minutes of regular and special meetings of the Board, and shall provide a copy of the minutes to each member of the Board at the next scheduled meeting. (c) All meetings of the Board shall be called, noticed, held and conducted in accordance with the provisions of Government Code Section 54950 et seq. ARTICLE ].0 OFFICERS The Board of Directors shall elect from its membership a President and Vice President of the Board, to serve for one- ARTICLE 11 EgECIITIVE CoMMTTTEE The Board of Directors shall establish an Executive Committee of the Board which shall. consist of nine members: the President and Vice President of the Board, and seven members elected by the Board from its membership. The terms of office of the seven non-officer members shall be as provided in the Bylaws of the Authority. The Executive Committee shall conduct the business of the Authority between meetings of the Board, exercising all those powers as provided for in Article 8, or as otherwise delegated to it by the Board. ARTICLE 12 ' CGMMITTEEs The Board of Directors may establish committees, as it deems appropriate to conduct the business of the Authority. Mem- bers of the committees shall be appointed by the Board, to serve two year terms, subject to reappointment by the Board. The mem- bers of each committee shall annually select one of their members to chair the Committee. shall report to the Executive Committee and the Soard as directed by the Board. ART~cr~ i3 STAFF (a} Principal staff. The following staff members shall be appointed by and serve at the pleasure of the Saard of Directors: (1} General. Manager/secretary. The General Manager/Secretary shall administer the business and activities of the Authority, subject to the general supervision and policy direction of the Board of Directors and Executive Committee; shall be responsible for all minutes, notices and records of the Authority; and shall perform such other duties as are assigned by the Board and Executive Committee. (2} Treasurer. The duties of the Treasurer are set forth in Article 16 of this Agreement. Pursuant to Govern-' ment Code Section fi505.5, the Treasurer shall be the county treasurer of a member county of the Authority, or, pursuant to Government Code Section &5©5.6, the Board may appoint ane of its officers or employees to the position of Treasurer, who shall comply with the provisions of Government Code Section fi505.5 (a~- the Auditor of the county from which the Treasurer.is appointed by the Board under (2) above, or, pursuant to Government Code Section 6505.6, the Board may appoint one of its officers or employees to the position of Auditor, who shall comply with the provisions of Government Code Section 6505.5 (a-d}. (b} Charges far Treasurer and Aud3tvr services. Pur- suant to Government Code Section 6505, the charges to the Authority for the services of the Treasurer and Auditor shall be determined by the board of supervisors of the member county from which such staff members are appointed. (c) other staff. The Board, Executive Committee or General Manager/secretary shall provide for the appointment of such other staff as may be necessary for the administration of the Authority. ARTICLE 14 DEVELOPMENT, FUNDING AND IMPLEMENTATION OF E$CESS INSURANCE PROGRAMS {a) Program Coverage. Excess insurance programs of the Authority may provide coverages for: (1) Workers compensation; (2) Comprehensive liability, including but not limited to general, personal injury, contractual, public offi- (5} Property and related programs; and may provide any other coverages authorized by the Board of Directors. The Board shall determine, ,for each such program, a minimum number of county participants required for program im- plementation and may develop specific program coverages requiring detailed agreements for implementation of the above programs. (b} Program and Authority Funding. The member counties developing or participating in an excess insurance program shall fund all costs of that program, including ad- ministrative costs, as hereinafter provided. Costs of staffing and supporting the Authority, hereinafter called Authority general expenses, shall be equitably allocated among the various programs by the Board, and shall be funded by the member counties developing or participating in such programs in accordance with such allocations, as hereinafter provided. Tn addition, the Board may, in its discretion, allocate a share of such Authority general expense to those member counties which are not developing or participating in any program, and require those counties to fund such share through a prescribed charge. (1) Development Charge. Development casts of an excess insurance program shall be funded by a development charge, as fixed by this Agreement or determined by the Board of incurred by the Authority in developing a program for review and adoption by the Board of Directors, including but not limited to: research, feasibility studies, information and liaison work among counties, preparation and review of documents, and actuarial and risk management consulting services. The development charge may also include a share of Authority general expenses, as allocated to the program development function by the Board. The development charge shall be billed by the Authority to all member counties upon authorization of program development by the Board and shall be payable within thirty (30) days of the billing date. Upon the conclusion of program development: any deficiency in development funds shall be billed to all counties which have paid the development charge, on a pro-rata or other equitable basis, as determined by the Board; and any surplus in such funds shall be transferred into the loss reserve funds for the program, or, if the program is not implemented, into the Authority's general expense funds. (2) Annual Premium. Except as provided in (3) below, all post-development costs of an excess insurance program shall be funded by annual premiums charged to the member counties par- ticipating in the program each policy-year, and by interest earn- . .. _ __-______y _i._~ n..~L ~.~~~.,..r.-. .+4.z'i ~ l~.e .7a~nrr other qualified person. The premium for each participating county shall include that county's share of expected program losses, program reinsurance costs, and program administrative casts for the year, plus that county's share of Authority genera]. expense allocated to the program by the Board. Annual premiums shall be billed by the Authority at the beginning of each policy year and shall be payable within thirty {30) days of the billing date. At the end of each policy year, program costs shall be audited by the Authority. Any deficiency or surplus in the premium paid by a participating county, as shown by such audit, shall be adjusted by a corresponding in- crease or decrease in the premium charge to that county for the next succeeding year, unless the county withdraws or is cancelled from the program, in which case the provisions of Article 23 shall control. {3) Premium Surcharge (i) If the Authority experiences an unusually large number of losses under a program during a policy year, such that notwithstanding reinsurance coverage for large individual losses, the point insurance funds for the program may be exhausted before the next annual premiums are due, the Board of Directors may, upon consultation with a casualty actuary, im- losses, fund known estimated Tosses, and fund estimated losses which have been incurred but not reported, the Board of Directors may impose a surcharge on all participating counties. (iii) Premium surcharges imposed pursuant to (i) and/or (ii) above shall be in an amount which will assure adequate funds for the program to be actuarially sound; provided that the surcharge to any participating county shall not exceed an amount equal to three (3) times the county's annual premium for that year. {iv) A member county which is no longer a participating county at the time the premium surcharge is assessed, but which was a participating county during the policy year{s) for which .the premium surcharge was assessed, shall pay such premium surcharges as it would have otherwise been assessed in accordance with the provisions of {i}, (ii), and (iii) above. (v} The provisions of {i), {ii), (iii}, and (iv) above shall not apply to any program established pursuant to Article 1S herein. (c} Program Implsmentatioa aad Effective Date. Fol- lowing development of an excess insurance program and upon its adoption by the Board of Directors, the Authority shall give each member county which has paid the development charge, far the ~~_~~__ .. ._.,,.; ~+-.,., ,,..;-;..e of ~}~o r~rnrtram _ which s~'1111 include: participation. Each such county may elect to enter the program by giving written notice of such election, in a form prescribed by the Authority, to the General Manager/Secretary within thirty (30) days of the date of the Authority's notice of the program. Any member county which has not paid the development charge as of the data of the program notice may enter the program only if it pays such charge and gives notice of such election within the above 30-day period. When at least the minimum number of member counties required for program implementation have elected to enter the program, the Authority shall determine the actual first-year premium to each county so electing and shall give each such county written notice thereof. If a county's actual first-year premium is the same as or less than that estimated by the Authority, the county shall remain bound by its election to enter. ~f the actual first-year premium is more than that es- timated by the Authority, the county may revoke its election to enter the program by giving the General Manager/Secretary written notice of such decision within thirty (30) days of the date of the actual premium notice. When the Authority determines that at least the minimum number of counties required for program implementation remain sn- program, except for any county which revokes its entry into the program under the terms and within the time period above provided. (d) Late Entry Into Program. A member county which does not elect to enter an excess insurance program upon its implementation, pursuant to (c) above, or a county which becomes a party to this Agreement following implementation of the program, may petition the Board of Directors for late entry into the program. Such request may be granted upon a vote of two- thirds of all members present and voting, plus a vote of two- thirds of those members present and voting who represent counties participating in the program. As a canditian of late entry, the county shall pay the development charge for the program, as adjusted at the conclusion of the development period, but not subject to further adjustment, and also any costs incurred by the Authority in analyzing the county's loss data and determining its annual premium as of the time of entry. ARTICLE ].S CoMPREHEN3IVE LIABILITY PROGRAM This Article shall govern and apply to the Comprehen- ~;~ro r.; ar,i ~ ~+~ prnrfratn t~,; ability Pr~c7raml established by the Liability Program in accordance with the terms and conditions of the Coverage Agreement and the Coverage Agreement may be amended only as provided therein. Members may withdraw from the Liability Program only in accordance with, the Coverage Agreement. Voting rights of the member counties participating in the Liability Program shall be as specified in the Coverage Agreement. Premiums and other assessments shall be charged in ac- cordance with the Coverage Agreement. The Board may provide, by resolution or in the Bylaws, for the administration and management of the Liability Program in accordance with the Coverage Agreement. In the event that any provision of this Agreement per- taining to the Liability Program is a~nconsa.szen~ w~zn ~~~e Coverage Agreement, this Joint Powers Agreement shall prevail, except that where such provision would directly alter or impair the financial obligation of the Authority and its members to the purchasers and holders of Certificates of Participation the financial commitments in the Coverage Agreement shall prevail. ARTICLE 15 .,.,.,.,r,~.n,s attn vrnnaflf~ program under development or adopted and implemented by the Authority. (b) Funds and Accounts. The Auditor of the Authority shall establish and maintain such funds and accounts as may be required by good accounting practices and by the Board of Directors. Separate accounts shall be established and maintained far each excess insurance program under development or adopted and implemented by the Authority. Books and records of the Authority in the hands of the Auditor shall be open to inspection at all reasonable times by authorized representatives of member counties. The Authority shall adhere to the standard of strict accountability for funds set forth in Government Code Section 6505. (c} Auditors Report. The Auditor, within one hundred and twenty (x.20} days after the close of each fiscal year, shall give a complete written report of all financial activities for such fiscal year to the Board and to each member county. (d) Annual Audit. Pursuant to Government Code Section 65p5, the Authority shall either make or contract with a cer- tified public accountant to make an annual fiscal year audit of all accounts and records of the Authority, conforming in all ,.,,~..,~..}~ ,..;~~, ~~o rcrr~77'YA111PT1{'Q of that section. A report of the general expense of the Authority. ARTICLE Z7 RE3PONSIBILITIE9 FOR FUNDS AND PROPERTY (a) The Treasurer shall have the custody of and dis- burse the Authority's funds. He or she may delegate disbursing authority to such persons as may be authorized by the Board of Directors to perform that function, subject to the requirements of (b) below. (b) Pursuant to Government Cade Section 6B45.5, the Treasurer shall: (1) Receive and acknowledge receipt for all funds of,the Authority and place them in the treasury of the Treasurer to the credit of the Authority. (2) Be responsible upon his or her official band for the safekeeping and disbursements of all Authority funds so held by him or her. (3) Pay any sums due from the Authority, as ap- proved for payment by the Board of Directors or by any body or person to whom the Board has delegated approval authority, making such payments from Authority funds upon warrants drawn by the Auditor. out since the last report. (c) Pursuant to Government Code Section 6505.1, the General Manager/Secretary, the Treasurer, and such other persons as the Board of Directors may designate shall have charge of, handle, and have access to the property of the Authority. (d) The Authority shall secure and pay for a fidelity bond or bands, in an amount or amounts and in the form specified by the Board of Directors, covering all officers and staff of the Authority, and all officers and staff who are authorized to have charge of, handle, and have access to property of the Authority. ARTICLE 1$ gy3PONSIBILTTIEB OF MEMBER COUNTIES Member counties shall have the following respon- sibilities under this Agreement. (a) The board of supervisors of each county shall ap- point a representative and one alternate representative to the Board of Directors, pursuant to Article 7. (b) Each county shall appoint an officer or employes of -the county to be responsible far the risk management function within that county and to serve as a liaison between the county and the Authority for all matters relating to risk management. . _. w_ -L __-~.~L~~ ~L~11 .w~s~.4~•9~Y1 9T 9I'+~'~[1G Cf7TP~V records in each category of liability covered by an excess in- surance program of the Authority in which the county is a participant, and shall provide copies of such records to the Authority as directed by the Board of Directors or Executive Committee, or to such other committee as directed by the Board or Executive Committee. {e) Each county shah. pay development charges, premiums, and premium surcharges due to the Authority within thirty (30) days of the billing date, as required under Article 14. Penalties for late payment of such charges, premiums and/or premium surcharges may be determined and assessed by the Board of Directors, After withdrawal, cancellation, or termination action under Articles 21, 22, or 24, each county shall pay promptly to the Authority any additional premiums due, as determined and assessed by the Board of Directors under Articles 23 or 24. Any casts incurred by the Authority associated with the collection of such premiums or other charges, shall be recoverable by the Authority. (f) Each county shall provide the Authority such other information or assistance as may be necessary far the Authority to develop and implement excess insurance programs under this Agreement. (h) Each county shall maintain the membership of its supervisors in CSAC. (i) Each county shall have such other responsibilities as are provided elsewhere in this Agreement, and as are estab- lished by the Board of Directors in order to carry out the pur- poses of this Agreement. ARTICLE 1.9 ADMINISTRATION OF CLAIMS (a} Subject to subparagraph (e}, each member county shall be responsible for the investigation, settlement or defense, and appeal of any claim made, suit brought, or proceed- ing'instituted against the county arising out of a loss. (b) The Authority may develop standards for the ad- ministration of claims for each excess insurance program of the Authority so as to permit oversight of the administration of claims by the member counties. (c} Each participating county shall give the Authority timely written notice of excess claims in accordance with the provisions of the Bylaws. (d) A member county shall• not enter into any settle- ment involving liability of the Authority without the advance which, in the judgment of the Authority, may involve liability of the Authority. ARTICLE 20 NEW MEMBERS Any non-member county maintaining the membership of its supervisors in CSAC may become a party to this Agreement and par- ticipate in any excess insurance program except the comprehensive liability program described in Article 15, and any member county may participate in any excess insurance program except the com- prehensive liability program described in Article l5 in which it is not presently participating upon approval of the. Board of Directors, by a vote of two-thirds of the members present and voting. ARTICLE 21 WITHDRAWAL (a} A member county may withdraw as a party to this Agreement upon thirty (30} days advance written notice to the Authority if it has never become a participant in any excess in- surance program pursuant to Article 14, or if it has previously withdrawn from all excess insurance programs in which it was a the end of a policy year for the program, and only if it gives the Authority at least sixty (60) days advance written notice of such action. ARTICLE 22 CANCELLATION (a) Notwithstanding the provisions of Article 21, the Board of Directors may: (1) Cancel any county from this Agreement and membership in the Authority, on a vote of two-thirds of the Board members present and voting. Such action shall have the effect of cancelling the county's participation in all excess insurance programs of the Authority as of the date that all. membership is cancelled. (2) Cancel any county's participation in an excess insurance program of the Authority, without cancelling the county's membership in the- Authority or participation in other programs, on a vote of two'thirds of the Board members present and voting who represent counties participating in the program. The Board shall give sixty (SO) days advance written notice of the effective date of any cancellation under the foregoing provisions. Upon such effective date, the county shall we ~ra~+-a.~ ~-r,o ~a~,a a ~ ~ ~ ~ t raga voluntarily withdrawn from this the excess insurance programs developed and implemented by the Authority within the member county's first year as a member of the Authority shall be considered to have withdrawn as a party to this Agreement at the end of such period, and its membership in the Authority shall be automatically cancelled as of that time, without action of the Board of Directors. {c) A member county which withdraws from all excess insurance programs of the Authority in which it was a participant and does not enter any program for a period of six {5) months thereafter shall be considered to have withdrawn as a party to this Agreement at the end of such period, and its membership in the Authority shall be automatically cancelled as of that time, without action of the Board of Directors. (d) A member county that terminates the membership of its supervisors in CSAC shall be considered tv have thereby withdrawn as a party to this Agreement, and its membership in the Authority and participation in any excess insurance programs of the Authority shall be automatically cancelled as of that time, without action of the Board of Directors. {e} Nothing in this Article shall have any application to members participating in the comprehensive liability program as described in Article 15, program of the Authority is cancelled under Article 22, with or without cancellation of membership in the Authority, and such cancellation is effective before the end of the policy year for that program, the Authority shall promptly determine and return to that county the amount of any unearned premium payment from the county for the policy year, such amount to be computed on a pro-rata basis from the effective date of cancellation. (b} Except as provided in (a) above, a county which withdraws or is cancelled from this Agreement and membership in the Authority, or from any program of the Authority, shall not be entitled to the return of any premium or other payment to the Authority, or of any property contributed to the Authority. However, in the event of termination of this Agreement, such county may share in the distribution of assets of the Authority to the extent provided in Article 24 provided; however, that any withdrawn or cancelled county which has been assessed a premium surcharge pursuant to Article l~i(b)(3)(ii) shall be entitled to return of said county's unused surcharge, plus interest accrued thereon, at such time as the Board of Directors declares that a surplus exists in any insurance fund for which a premium sur- charge was assessed. (c) Notwithstanding withdrawal or cancellation from -__-___ _r s..L_ w..~.L....:~-yy ~ n~i~t~~V chat l 7"1.'3V may include any deficiency in a premium previously paid by the county, as determined by audit under Article 14(b)(2}; any premium surcharge assessed to the county under Article l4{b}(3}; and any additional amount of premium which the Board determines to be due from the county upon final disposition of all claims arising from losses under the program during the county's period of participation. Any such premium charges shall be payable by the county within thirty (30} days of billing by the Authority. ARTICLE 24 TERMINATION AND DISTRIBUTION OF ASSETS {a} This Agreement may be terminated subject to the restrictions of the camprehensive liability program described in Article 15, by three-fourths of the member counties, acting through their boards of supervisors; provided, however, that this Agreement and the Authority shall continue to exist after such election for the purpose of disposing of all claims, distributing all assets, and performing all other functions necessary to con- clude the affairs of the Authority. (b) Upon termination of this Agreement, all assets of the Authority in each excess insurance program shall be dis- tributed among those counties which participated in that program liability covered by the program. (c} Following termination of this Agreement, any county which was a participant in an excess insurance program of the Authority shall pay any additional amount of premium, deter- mined by the Board of Directors in accordance with a loss alloca- tion formula, which may be necessary to enable final disposition of all claims arising from losses under that program during the county's period of participation. ARTICLE 2S LIABILITY OF BOARD OF DIRECTORS, OFFICERS AND COMMITTEE MEMBERS The members of the Board of Directors, officers and committee members of the Authority shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. They shall not be liable for any mistake of judgment or any other ac- tion made, taken or omitted by them in good faith, nor for any action taken or omitted by any agent, employee or independent contractor selected with reasonable care, nor for loss incurred through investment of Authority funds. ar failure to invest. No Director, Officer or committee member shall be responsible for any action taken or omitted by any other The funds of the Authority shall be used to defend, in- demnify and hold harmless the Authority and any Director, Officer or committee member for their actions taken within the scope of the authority of the Authority. Nothing herein shall limit the right of the Authority to purchase insurance to provide such coverage as is hereinabove set forth. ARTICLE 26 BYLAAS The Board may adopt Bylaws consistent with this Agree- ment which shall provide for the administration and management of the Authority. ARTICLE 27 NOTICES The Authority shall address notices, billings and other communications to a member county as directed by the county. Each member county shall provide the Authority with the address to which communications are to be sent. Member counties shall address notices and other communications to the Authority to the General Manager/Secretary of the Authority, at the office address of the Authority as set forth in the Bylaws. supervisors. ARTICLE 29 PROHIBITION AGAINST ASSIGNMENT No member county may assign any right, claim or inter- est it may have under this Agreement, and no creditor, assignee or third party beneficiary of any county shall have any right, c~.aim or title to any part, share, interest, fund, premium or as- set of the Authority. ARTICLE 30 AGREEMENT COMPLETE This Agreement constitutes the full and complete Agree- ment of the parties. ARTICLE 31 EFFECTIVE DATE OF AMENDMENTS Any amendment of this Agreement shall become effective upon the Authority receiving notice of the approval of any Amended Agreement by the boards of supervisors of two-thirds of the member counties. x nenT nr.sy ~ 7 Secretary of State within 30 days of its effective date, as required by Government Code Section 6503.5 and within 70 days of its effective date as required by Government Cade Section 53051. IN WITNESS WHEREOF, the .undersigned party hereto has executed this Agreement an the date indicated below. DATE: March 3, 1987 COUNTY OF Sea1• Butte EIA I/87 ~ CSA.: Excess Insurance Authority March 9, 1987 ~~-T~~ ~: S Fxom: ~~'~'/ RE: Appendix A It has been brought to my attention that ~kY counties did not receive Appendix A of the Joint Powers Agreement when the Agreement was sent to the counties for adoption. Enclosed for your records is a copy of Appendix A. If you have previously received a copy of Appendix A, there is no need to retain this copy. Enclosure BurrE caunlTY ADN#I~itSTRATNE OFFICE ~~R ~. ~. X987 ORCVt! ~.E, CA~.lFQRI~~t ~ APPENDIX A JOINT POWERS AGREEMENT CREATING THE CSAC EXCESS INSURANCE AUTHORITY MEMBER COUNTIES AS OF JANUARY 1 1987 ALPINE AMADOR BUTTE CALAVERAS COLUSA CONTRA COSTA DEL NORTE FRESNO GLENN HUMBOLDT IMPERIAL TNYO KINGS LAKE LASSEN MADERA MARIPOSA MENDOCINO MERGED MODOC MONO MONTEREY NEVADA PLACER PLUMAS RIVERSIDE SAN LUIS OBISPO SANTA BARBARA SANTA CLARA SANTA CRUZ SHASTA SIERRA SISKIYOU soLANo SONOMA STANISLAUS ST7R'TR!T2 Adopted September 11, 1980 Amended May 7, 1982 Amended January 23, 1987 BYLAAS OF THE CSAC EXCESS INSIIRANCE AIITHORITY ARTICLE I. DEFINITIONS The definitions of terms used in these Bylaws shall be the same as are contained in the Agreement Creating the yxcess Insurance Authority, hereinafter called the Agreement, unless otherwise expressly provided. ARTICLE II. OFFICES The Authority~s principal office for the transaction of business is located at tke-£~e~entk-~znd-~s~-$~~~e~~ne~--5eera~ent9 2a~~fern~a--9~&~+~ 9310 Tech Center Drive Suite 290 Sacramento California. The Board of Directors may change the location of the principal office from time to time. The Board may establish one or more subordinate offices at any place or places where the Authority is qualified to do business. shall be delivered to each director and/or alternate director at least ten-{~9~ seven (7~ days in advance of the meeting. The notice shall specify: {~}~ i. The place, date and hour of the meeting. {~~ ii. Those matters which are intended to be presented for action by the Board. {3~ iii. Tie general nature of any proposal far action by the Board concerning a change in the Agreement or these Bylaws, a change in 'the membership of the Authority, or any other ' matter substantially affecting the rights and obligations of the member counties. {+F} iv, If officers and Executive Committee members are to be elected, the names of the persons nominated for such positions at the time-•-et the notice is sent. 2. special Meetings A special meeting of the Board of Directors and/or,of the barticinatina counties in any excess insurance program may be called at mfr anv time by the President of the Board, or by a majority of ~t3-me3abere; the members of the Board or such t~ar- ticipatina counties subject to the requirements for 24-hour writ- ten notice to the me~-bers, partici~atina counties and to request- oriented member referabl with investment back round from a member county but not necessarily a_ member of the Board, one count su ervisor and the balance shall. be elected at lar e. The Executive Committee shall a oint the Count Counsel representative. If a specific category is not able to be filled: then the Board of Directors will fill from w'thin its own membershi ~:2. Terms .of Office The terms of office of the f~~e seven non-officer mem- bars of the Executive Committee shall. be aa-fe~~eara- ~4t-the-f ~~st-7aeet~ng-ef-the-Bxeetit~~*e-2emmtttee-f e~~e~r- ~:~g-adept~en-e f-these--ByyQ~rs--the-terms-af~--the-present-mezuber9 ska~~-be-dc~er~nt~ed-b~-het-se-that-three-members-sere-nntt~-the er~d-ef-ea~ender-y~sr-999-and-txe-members-sere-ant~~-the-end-ef ea~e~idar-deer-~99~---x~t-the-reg~~ar-~aeettngs-ef-the-$earel-p~eeed- ~ng-exp~rat~en-ef-tLeae-terms---ef-eff~ee; -:yew-member-9'rte~?-be e~eeted-fer-tyre-~*ear-te~ma;-end-a~~-s~eeeed~ng-e~eet~ens-shee~~-be fer-tt~e-~*ee~r-terms- for two ! 2 ] years . ~s3. .Removal, 9acancies and Alternates The Board of Directors may, remove any or all non- officer members from the Executive Committee at any time. A vacancy in any non-officer position on the Executive Ft..,....,t ~~.~.. L...,+.~~. ~. .~. .vim .7e~a+lt ro+a~i rr»~~ ~ nn Ye7f7 nts71 stitute a quorum for the transaction of business. All actions of the Committee shall- require the affirmative votes of a majority of the members present at a meeting duly held at which a quorum is present, If a quorum is initially present at a meeting, the Committee may continue to transact business notwithstanding the withdrawal of enough members to leave less .than a quorum, if any action taken is approved by at least a majority o.£ the number required to constitute a quorum. ~:-6. Adjourned Meetings .The Executive Committe may adjourn any meeting to a time and place specified in the order for adjournment, whether or not a quorum has been established. If a quorum is not established, no business ..other than adjournment may be transacted. A copy of the order for adjournment .shall be posted as required by Section 54955 of the Government Code. No other notice of an adjourned meeting shall be necessary, unless the ad- journment is for a period of 24 hours or more, in which case notice of the adjourned meeting shall be delivered to the members who were not present at the time of adjournment. ARTICLE V. oFFTCERS 1. Duties og the President above its monetary limits which involve liability of the Authorit and such other functions as the Board and or Executive Committee may direct. jb~ Underwritin Committee The Underwritin Committee shall evaluate advise and make recommendations to the Executive Committee on a lica- tions b non--member counties for membershi in the Authorit and if dele ated b the Board a rove such non_member counties for membershi sub'ect to ratification b a 2 3 vote of the membe,s of the Board. The Committee shall formulate advise and make recommendations to the Executive Committee re ardin the alloca- tion of remiums to member and ros active non-member counties- advise and make recommendations regarding the distribution of such premiums; ,assess the stability of insurers and reinsurers and advise and make recommendations re ardin said insurers and reinsurers and perform such other functions as the Board and or Executive Committee may direct. ~c „ Property Co~aittee The Property Committee shall review all matters ertainin to ro art insurance includin but not limited to coverage and claims Eor the purpose of evaluating the__Authorty__!s ro art ro ram. The Committee shall advise the Executive Com- mittee and the Board as_____to matters affecting the Author~.tY_'_s Written notice of the time and r~lace of a Claims. Review Committee meetin and of the business to be transacted shall be delivered to each member of the Committee and to re estin re - resentatives of the media at least 24 hours in advance as re ired b Section 54565 of the Government Code and subject to the other revisions of that Section. No other business shall be considered at the meeting. A ma'orit of the members of the Claims Review Com- mittee shall constitute a Drum for the transaction of business. All actions of the Committee shall re ire the affirmative votes of a ma'orit of the members resent at a meetin dul held at which a Drum is resent. Zf a Drum is initiall resent at a meetin the Committee ma continue to .transact business not- withstanding the withdrawal of enough members to leave less than a Drum if an action taken is a raved b at least a ma'orit of the number re ired to constitute a Drum. Because the 2~a~~ne-Rn~*tew; Underwritinq,,__Property and Finance Committees serve an advisory function and #e are not e legislative badyies of the Authority or committees of such a body, tt they shall not be subject to the requirements of the Ralph M. Brown Act. Meetings of these Committees shall be held at the call of ate their Chairs, at such times and places as are designated The fiscal ear of the Authorit shall be from Jul 1 to June 30. ARTICLE IR. ADMINISTRATION AND NOTICE OF CLAIMS 1. In accordance with Article 19 of the Agreement, each member Count shall be res onsible for the investi ation settle- ment or defense and a eal of an claim made suit brou ht or roceedin instituted a ainst the count arisin out of a loss covered b an excess insurance ro ram of the Authorit of which the county is a participant, 2, The Authorit ma develo standards for the administra- tion of claims for each excess insurance ro ram of the Authority. 3. ~f a toartieipant in an excess workers' compensation ro ram of the Authorit a count shall ive the Authorit timely written notiee__af the followinct. ,~_ Any workers' compensation award_,or Lodgment which exceeds 50 000.00 and an workers! com ensation claim or proceedincf which is likely to result in such an award or ;iudgment. Sb~, The reopening of any workers' compensation case in which a further awardi_s ~._ikely to raise the total award to an amount in excess of 550.040.00 CERTIFICATE OF SECRETARY I, the undersigned, certify that Z am presently the Secretary of the CSAC Excess Insurance Authority and that the above bylaws, consisting of ntr:e fourteen pages, are amended bylaws of the Authority as adopted at a meeting of the Board of Directors held on M8~-~;~98$- Janua 23 1987. Date: January 30. 3.987 Executed at Sacramento, California ~"'~ 6RBfs9R~-~,~..~R6F3~PV3"NCENT W. PISANI GENERAL MANAGER/SECRETARY . Amended 1/2: CSAC-Excess Insurance Authority Underwriting and Claims Administration Standards I. General A. Each County shall appoint an official or employee of the County to be responsible for the risk management function and to serve as a liason between the County and the Authority for all matters relating to risk management. B. Each County shall maintain a loss prevention program, and shall consider and act upon all recommendations of the Authority concerning the reduction of ansafe conditions. C. Each County shall maintain records of claims in each category of insurance covered by a program of the Authority, and shall provide copies of such records to the Authority as directed by the Executive, Underwriting or Claims Review Committee. Such records shall provide, at a minimum,-the following information by fiscal year: number of claims (open and closed); amounts paid amounts reserved and total incurred. (Allocated expenses shall be included.} If losses are capped, the excess amount shall be 1. The County shall use only qualified personnel to administer its .workers' compensatian claims; at least one person in the claims office (whether in-house or outside administrator) shalt be certified by the State of California as a qualified administrator of self insured workers' compensation plans. Z. Litigated claims shall be handled by qualified defense counsel, experienced in workers' cotugensation law and gractice, 3. The County shall use as guidelines the Authority's Model Con- tract Workers' Gompensation Standards of Performance (Addendum A} and shall advise its claims administrator that these standards are utilized in the Authority's workers' compensatian claims audits. B. The County shall provide the Authority and its workers' compensation excess carrier written notice of any potential excess workers' comp- ensation claims in accordance with the requirements of the Authority and of the excess carrier, Updates on such claims shall be provided as requested by the Authority and/or the excess carrier. C. A claims administration audit, utilizing the Authority's Workers' Compensation Standards of Performance shall be performed, at a min-- imam, of once every three years, or mare often if: in which case an audit-will be performed on an "as nieeded" basis, but at least within twelve months of the above mentioned event. The claims audit shall be performed by a firm selected by the Authority. Recommendations made in the claims audit shall be addressed by the County and a written response outlining a grogram for corrective action shall be provided to the Authority within sixty days of receipt of the audit. D. The County shall obtain an actuarial study performed by a Fellow of the Casualty Actuarial Society (FCAS) once every. three years, or mare often if indicated. Based upon the actuarial recommendations, the County should maintain reserves and make funding contrihutions equal to or exceeding the "marginaliy acceptable" ranges of the actuarial regort. III. Bxcess Liability Program A. The County shall be responsible for the investigation, settlement, defense and appeal of any claim made, suit brought or proceeding instituted against the County. 1. The County shall use only qualified personnel to administer its liability claims. 2. Litigated claims shall be handled by qualified defense counsel, B. The County shall provide the Authority and its excess liability carrier written notice of any potential excess liability claim in accordance with the requirements of the Authority and of the excess carrier. updates on such claims shall be provided as requested by the Authority and/or the excess carrier. C. A claims administration audit utilizing the Authority's Liability Quality Control Guidelines shall be performed, at a minimum, of once -every three years,- or more often if: (1.) There is an unusual fluctuation or increase in the County's claims experience or number of large claims; (2.) There is a change of liability claims admiinistrataon firms; (3.) The County is a new member; in which case an audit wall be performed on an "as needed" basis, but at least within twelve months of the above mentioned event. The claims audit shall be performed by a firm selected by the Authority. Recommendations made in the claims audit shall be addressed by the County and a written response outlining a program fnr corrective action shall be provided to the Authority within sixty days of receipt of the audit. IV. Property Program A, The County shall maintain appropriate records including a complete list of insured locations and schedule of values pertaining to all real property. Copies of such records shall be provided to the Authority ar-its brokers as requested by the ~xecutive.or Property Committees. S. each county shall have performed a replacement property valuation of all locations over one million dollars by December 198fi, unless such county has had a valuation within the last five years, in which case the County shall have a valuation completed prior to the end of this five year period. New members shall have an appraisal or valuation performed within one year from entry into the program. Valuations shall be equivalent to the Marshall Swift system and shall be performed every five years. V. Sanctions A. The Authority shall provide the County written notification of the County's failure to meet any of the above mentioned standards, or of other concerns which affect or could affect the Authority. B. The County-shall provide a written response outlining a program for corrective action within sixty days of receipt of the Authority's C. After approval by the Executive Committee of the County's corrective program, the County shall implement the approved program within ninety days. The County may request an additional sixty days from the Bxecutive Committee. Further requests for extensions shall be referred to the Board of Directors. D.. Failure to comply with subsections B or C may result in cancellation of the County from the affected Authority insurance program in accordance with the provisions in the Joint Powers Agreement. E. Notwithstanding any other provision herein, any member County may be canceled pursuant to the provisions of the Joint Powers Authority. Addendum A STANDARDS 4~' P6RFQRMANC6 The fallowing Standards of Performance as adapted by the County Supervisors' Association Excess Insurance Authority, shall be compiled with: 1. Case_Load - The claims assigned to the County shall handle a case .load not to exceed the specifications as set forth in the Dedicated Claims Unit Master contract between CSAC-8IA and the Contractor. 2. Case_Make~Up - New claims cases will be created within one, (1), working day of the first notice of claim. Each claims file will have the date of creation clearly indentifiable in a uniform location. 3. Compensabi~ity - The compensability determination and the reasons for such a determiniation will be made and documented in the file within three, (3), days of case ~-ake-up. Delay of benefit letters shall be mailed in compliance withf Division of Industrial Relations guidelines. 4. ~auployee_Contact - In all non-litigated, lost--time cases, tel- ephone or personal contact will be established with the injuired employee within two, (2), working days of case make-up. Such can- 5. Initial_Tndemnit~r_Payment - The initial indemnity payment will be issued and mailed to the injured employee together with a properly completed DIA 500A within fourteen, (14), days of the-first day of disability. 6.. ~ubseyuent_Indemnity_Payments - All indemnity payments subsequent to the first gayment will be verified with the employer, (except for obvious long-term disabilities)., issued, and mailed from the admin-- istrator's office not later than three, (3), days prior to the due date. 7. ~rans~ortatian expense - Claimed transportation reimbursement will be issued and mailed within five, (5), days of the receipt of the claim for reimbursement. Advance travel expense payments will be issued and mailed to the injured employee ten, (10), days prior to the anticipated date of travel. $. Medical Payments -- Medical billings (physician, pharmacy, hos- pital, physiotherapist, etc.), will be matched to the file, reviewed-for correctness, approved for payment, and paid within thirty, (30), days of receipt. 9. Physician~Contact -- Tn cases involving anticipated Toss of time from work of in excess of ten, (1D), days, contact will be estate- , ... ,. - -~~ - r~- .~. ~-- r --- i4. ~,itigated Case: Subject to the concurrence of +anty, the Coa-- tractor will establish written in-house guidelines for referral of litigated cases to defense counsel. Such guidelines shall require, .at a minimum: (1} prompt recognition of issues; (2) timely referral to defense counsel; (3) control of litigation expenses; (4) fife documentation of a litigation plan. After referral, Contractor will continue to assist in the preparation of litigated cases, negotia- bons of compromise and release settlements, and subrogation actions. 11. Rehabilitation - Deternsination of Cualified Injured Worker/Non- Qualified Injured Worker status will be made by adjusting personnel within 120 days of the date of injury. In all cases of QIW deter- mination, a properly completed RB-l will be filed within five, (5), days of such determination. Contractor will (1} make timely referral to a vocational rehabilitation counselor; (2) control re- habilitation costs; (3) attempt to secure the prompt conclusion of rehabilitation benefits. 12. Fiscal_Hand~ing - Active indemnity cases will be balance, with appropriate file documentation, on a semi-annual basis. 13. ~xcess_Insurance - Potential excess cases shall be reported to the CSAC Excess Insurance Authority and the excess carrier within five, (5}, days of the payment or establishment of such reserve. On cases in which the paid costs have penetrated the SI~t level, annual claims 15. .Penalties -- The County wall be advised of the assessment of any penalty far delayed payment and the reason thereof, and the admin- istrator's plans for the payment of such penalty within five, (5),- days of assessment. 16. Reserves - At the time of case make-up using the information available at the time, an initial reserve will be established which takes into consideration type of injury, temporary disability., potential. permanent disability, and cost of medical treatment. 17. Finalization -- On receiving medica3 information indicating that a case be finalized, appropriate action to finalize will be initiated within ten, (10), days of receipt. 18. Case Closure -All medical only cases will be closed or trans-- ferred to an indemnity status by the ninetieth, (90), day following case make-up. All indemnity cases will be closed within thirty, (30}, days of the final fiscal transaction. i9. TeleQhone_Ingairies - All telephone inquiries requiring return calls will be answered within twenty-four, (24}, hours of the original inquiry. 20. Incoming'_Correspondence - All correspondence received will have the date of receipt clearly stamped on .the reverse side. Addendum B CSAC-SIA LIABILITY CLAIMS QUALITY CONTROL GUID$LINBS x. Claims Investigation A. Factual investigation within 45 days of~County's knowiedge of claim, including statements from participants and witnesses. (Answer questions who, what, where when and why.} B. Develop liability issues' including immunities, comparative neg- Iigence, joint tort feasors and joint and several liability.. C. Begin to develop information of damages ].. Property damage Z. Nature and extent of injuries 3. Medical costs 4. Lost wages 5. Other damages D. Obtain and review contracts that may be in effect reiating to spec- ific accidents. 1. Hold-harmless indemnity agreements 2. Additional insured requirements F'. Utiiize experts apprapriateiy on cases, G. Maintain membership in Index Bureau. 1. Report all claims to Index Bureau. 2. Follow up on Index Bureau Information. R. Arrange appraisals for damaged property. I. Timely report to excess carrier. II. Tort Claim Requirements ' All notices (pertaining to claim insufficiency, returning late claims, claims rejections, etc) shall be timely done in accordance with the relevant Government Code provisions. III. Documentation A. Accurate reserves shall be done, with facts known, within thirty days of receipt of investigative report. Expenses shall be included. $. File shall contain reports necessary to document the decisions made. C. Photos, diagrams, plans, contracts, medical and law enforcements reports shall be in the claims file in a timely fashion. IV. Cane Settlement Factors A. Reasonable settlement in light of damages, injury end liability. B. Timeliness of settlement. C. ~Cantributions fro~a joint tort feesors considered. D. Settlement evaluation and authority documented. B. Proper releases secured. V. Eitigated Files A. Defense plan in file. B. Defense attorney evaluation in file. C. Proper follow-up for investigation requested by defense attorney. D. Defense cost controlled by the county and depositions and other defense expenses appro~red by the county. S. Timely recommendations from defense firms regarding settlements and trial preparation. F. Results and total expenses documented.