COUNTY CLERK-AUDITOR-RECORDER-ELECTIONS - J. P. GONZALEZ

Approve Restated and Revised Trindel Insurance Fund Joint Powers Agreement, and authorize the Chairman to sign the agreement.

SBC FILE NUMBER: 943.1

Trindel Insurance Fund (“Trindel”) is a Joint Powers Authority established pursuant to California Government Code Section 6500 et seq. Originally formed by Del Norte and Trinity counties in 1980, Trindel now consists of eleven (11) counties, including, Alpine, Colusa, Del Norte, Lassen, Modoc, Mono, Plumas, San Benito, Sierra, Sutter, and Trinity. Trindel is classified as a claims-servicing or account pool, wherein the County retains the risk of loss and is considered self-insured with regard to liability coverage for general and property liability, Workers’ Compensation and medical malpractice.

In May 2018, the Trindel Board of Directors adopted a Revised and Restated JPA Agreement to be executed by Member Agencies. These changes address compliance with state law, as well as, adds provisions to accommodate the risk-sharing pool.

As such, all Member Entities are required to sign the Revised and Restates Joint Powers Agreement adopted by the Trindel Board of Directors on May 18, 2018.

The changes to the JPA Agreement are as follows:

1. Page 8, Article VI of the Joint Powers Agreement reflects the following requirement:

    

Pursuant to Section 6509 of the Government Code, a JPA is subject to the restrictions upon the manner of exercising the power of one of the contracting parties, which party shall be designated by the agreement. Although the JPA Agreement included language which designates the manner in which the JPA’s power would be exercised, to wit, “[t]hese powers shall be exercised in the manner provided by applicable law and as set forth in this Agreement,” it did not identify (by name) which Member Entity whose procedures and policies would serve as the basis for restricting and determining how the JPA would exercise its powers. The Revised and Restated JPA Agreement (May 2018) identifies and designates Del Norte County as the Member Entity which the JPA’s exercise of power shall be restricted.

1. Page 7, Article IV, subd. (C) and (D), the underlined text reflects amendments (text addition) to clarify the JPA’s purpose: 

C:  Create a loss funding method whereby over time each member pays for its own losses within the first self-insured retention.

D:  Create a risk sharing pool in order to garner assets and reduce risk.

         (subdivisions E-G were renumbered accordingly)

Approve Restated and Revised Trindel Insurance Fund Joint Powers Agreement, and authorize the Chairman to sign the agreement.