HomeMy WebLinkAbout2012-06-12; City Council; Resolution 2012-1351 RESOLUTION NO. 2012-135
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING MEMBERSHIP IN
^ THE ASSOCIATION OF CALIFORNIA WATER AGENCIES
4 - JOINT POWERS INSURANCE AUTHORITY (ACWA -
JPIA), CONSENTING TO JOIN THE HEALTH BENEFITS
5 PROGRAM OF THE ACWA - JPIA , RATIFYING THE
ACTION OF THE ASSOCIATION OF CALIFORNIA WATER
6 AGENCIES - HEALTH BENEFITS AUTHORITY (ACWA -
HBA) BOARD OF DIRECTORS TO DISSOLVE THE ACWA
7 - HBA AND TRANSFER OPERATIONS AND
ADMINISTRATION TO ACWA - JPIA , AND AUTHORIZING
^ AND DIRECTING THE HUMAN RESOURCES DIRECTOR
^ TO EXECUTE ALL NECESSARY DOCUMENTS
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11 WHEREAS, the City of Carlsbad entered into an agreement (HBA Agreement)
12 with the Association of California Water Agencies - Health Benefits Authority (ACWA -
1^ 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, the City of Carlsbad entered into a Memorandum of Understanding
(MOU) to enroll in specific health programs and ancillary programs (Existing Employee
Benefits Coverage) offered by ACWA - HBA and agreed to abide by: (1) the HBA
Agreement; (2) all rules and procedures established by ACWA - HBA in the
21 administration of the Agency's Existing Employee Benefits Coverage; and (3) all
22 underwriting, eligibility, and contribution requirements in Appendix A to the MOU; and
23 WHEREAS, certain public agencies have entered into an agreement with the
Association of California Water Agencies Joint Powers Insurance Authority (ACWA -
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JPIA) in order to pool their purchasing needs with other public agencies desiring to
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obtain comprehensive and economical public liability, workers' compensation,
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1 unemployment, health, accident and/or dental, or property coverage (JPIA Agreement);
2 and
WHEREAS, ACWA - 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 ACWA - JPIA's Employee Benefits Program; and
WHEREAS, during a noticed special meeting held on February 6, 2012, the
ACWA - HBA Board of Directors unanimously voted to transfer all AWCA - HBA
operations and administrative functions to ACWA - JPIA, effective on or about July 1,
10 2012, and thereafter, dissolve ACWA - HBA and assign the MOU to ACWA - JPIA; and
11 WHEREAS, pursuant to Article 22 of the HBA Agreement, the HBA Agreement
12 may be terminated by the ACWA - HBA Board of Directors subject to ratification by the
written consent of three-fourths of the ACWA - HBA Member agencies within 90 days of
the ACWA - HBA Board's action, provided, however, that ACWA - HBA and the HBA
Agreement shall continue to exist for the purpose of concluding all functions necessary
to wind up HBA's affairs, including assigning the MOU to ACWA - JPIA; and
WHEREAS, during a noticed regular meeting held on March 28, 2012, the ACWA
- HBA Board of Directors approved ACWA - HBA Resolution 12-03-02: (1) electing to
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20 terminate the HBA Agreement pursuant to Article 22 of the HBA Agreement and, except
21 as provided in clause 2 below, said termination shall become effective upon ratification
22 by the written consent of three-fourths of the ACWA - HBA member districts and
23 agencies; (2) recognizing that pursuant to Article 22 of the HBA Agreement, ACWA -
HBA and the HBA Agreement shall continue to exist for the purpose of winding up and
dissolving the business affairs of ACWA - HBA, and acknowledge that the ACWA -
HBA Board of Directors is vested with all powers of ACWA - HBA for doing the same;
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1 and (3) declaring that Resolution 12-03-02 shall take effect on April 1, 2012, thereby
2 beginning the 90-day ratification period; and
WHEREAS, pursuant to Article 7 of the ACWA - JPIA bylaws, the Council, on
behalf of the City as a Member Agency, must select one of its own to be the ACWA -
JPIA Director Representative and it shall appoint at least one Alternate Representative
who shall be an officer, member of the governing board or employee of the City
(Member Agency).
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^ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
10 Carlsbad, California, as follows:
11 1. That the above recitations are true and correct.
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2. That the ACWA - JPIA Agreement and the ACWA - HBA Memorandum of
Understanding referred to in the recitals above are incorporated in this resolution
by reference.
3. That the City of Carlsbad's membership in the Association of California Water
Agencies Joint Powers Insurance Authority is approved.
18 4. That the City Council of the City of Carlsbad consents to join JPIA's Employee
19 Benefits Program and acknowledges, represents, and agrees that all terms and
20 conditions of the ACWA - HBA Memorandum of Understanding apply to the
provision of the City of Carlsbad's Existing Employee Benefits Coverage through
ACWA-JPIA.
5. That the Human Resources Director is authorized and directed to cooperate fully
with ACWA - HBA and ACWA - JPIA in the execution of any other documents
and in the completion of any additional actions that may be necessary or
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appropriate for the purpose of ensuring that this Agency's Existing Employee
Benefits Coverage continues without lapse through ACWA - JPIA.
6. That the City Council of the City of Carlsbad ratifies the action of the ACWA -
HBA Board of Directors to terminate the HBA Agreement, to be effective as
provided in Article 22 of the HBA Agreement.
7. That the City Clerk will 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.
8. That the Mayor on behalf of the City as a Member Agency appoints
MARK PACKARD as its ACWA - JPIA Director Representative and
appoints (No alternate appointed) as its Alternate Representative. Further,
that the Mayor, on behalf of the City as a Member Agency, is authorized to
execute the JPIA Board of Directors - Member/Alternate Representation form.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 12*^ day of June 2012, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
None.
ABSENT: None.
LORRAINE M. WOOD, City Clerk
(SEAL)