CC - Item 6F - Delegate Tort Liability Claims Handling Responsibilities to The CJPIAROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITYqOUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: SEPTEMBER 8,2009
SUBJECT: DELEGATE TORT LIABILITY CLAIMS HANDLING RESPONSIBILITIES TO
THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY
SUMMARY
In March of this year the California JPIA conducted a Risk Management Evaluation of the City's
policies, procedures and facilities. This evaluation is designed to identify areas in which the City
can improve to minimize risk and reduce the amount of potential liability. The California JPIA
presented the final report to staff on August 4, 2009, and will be working with staff over the next
several months to implement the variety of items identified in the report. Many of these items
are administrative in nature and require forms to be updated or policies to be amended. Some
of these policies will require formal action by the City Council and staff will present these in the
upcoming months.
One item identified in the report is the determination that the City has never formally adopted a
Resolution delegating authority to the California JPIA to handle Tort Liability Claims. This
resolution (Attached) is required by law and provides the California JPIA to legally act on the
City's behalf.
Staff Recommendation
That the City Council adopt Resolution 2009-48 delegating the Tort Liability Clams handling
responsibilities to the California JPIA.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted by,
Matthew E. Hawkesworth
Assistant City Manager
Attachment: Resolution 2009-48
ITEM NO. LOF
APPROVED FOR CITY COUNCIL AGENDA:
RESOLUTION: 2009-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
ESTABLISHING A POLICY WHICH DELEGATES TORT LIABILITY CLAIMS
HANDLING RESPONSIBILITIES TO THE CALIFORNIA JOINT POWERS
INSURANCE AUTHORITY AS AUTHORIZED BY GOVERNMENT CODE SECTIONS
910, ET SEQ.
Whereas, the City of Rosemead is a member of the California Joint Powers
Insurance Authority (California JPIA), and pursuant to Government Code sections
990.4, et seq. and 6500 et seq. pools its self-insured liability claims and losses with
other California JPIA members under a Memorandum of Coverage; and
Whereas, the Joint Powers Agreement creating the California JPIA authorizes it
to exercise powers common to members and appropriate to defend and indemnify
members from liability claims under the Memorandum of Coverage,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD
HEREBY RESOLVES AS FOLLOWS:
SECTION 1. The City of Rosemead delegates to California JPIA authority to act
on its behalf pursuant to Government Code sections 910, et seq. to accept, reject,
return as insufficient, or return as untimely any claims against it, and to provide any
notices authorized under those statutes on behalf of the City of Rosemead.
SECTION 2. This Resolution shall become effective immediately upon its
adoption.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 8th day of September, 2009.
Margaret Clark
Mayor
ATTEST:
Gloria Molleda
City Clerk
APPROVE AS TO FORM:
Joseph M. Montes
City Attorney