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DATE:
TO:
FROM:
SUBJECT
STAFF REPORT
CITY COUNCIL
May 21, 2013
Honorable Mayor and City Councilmembers
CITY CLERK
File #170 -10
Joni Pattillo City Manager""'
Appointing Directors to ABAG PLAN, Corporation to represent the City of Dublin
and amending Resolution No. 168 -05 to update the City of Dublin Risk
Management Policy to include adopting a Policy document
Prepared by Julie Carter, Human Resources Director
EXECUTIVE SUMMARY:
The City Council will update employees that are designated as Directors to the Association of
Bay Area Governments Plan (ABAG PLAN, Corporation). The City Council will also consider
updating the City's Risk Management Policy to include adopting a Risk Management Policy
document as provided by ABAG PLAN, Corporation.
FINANCIAL IMPACT:
Adoption of the Resolutions will not have a direct financial impact. Participation on the Board of
Directors will provide the City with one vote on the approval of premiums for programs provided
by ABAG, PLAN Corporation. Service on the Board of Directors is assumed as part of the
employees' regular duties; Board Members do not receive any additional compensation.
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution rescinding Resolution 170 -10 and
designate Directors to ABAG PLAN, Corporation on behalf of the City of Dublin. Staff also
recommends that the City Council amend Resolution 168 -05 to update the City's Risk
Management Policy to include adopting a Risk Management Policy document.
Submitted By Reviewed By
Human Resources Director Assistant City Manager
DESCRIPTION:
ABAG PLAN Staff Designation
In June 1992, the City Council approved a Risk Coverage Agreement, which established
procedures by which ABAG PLAN, Corporation could offer partially self- insured Property and
General Liability insurance program. The Risk Coverage Agreement was unanimously
approved by all 26 cities which were member agencies in ABAG PLAN, Corporation. On July
Page 1 of 2 ITEM NO. 4.7
27, 1992 the City Council adopted Resolution No. 90 -92 designating City Staff as the regular
and alternate voting members to the ABAG PLAN Board of Directors. On December 7, 2010,
the City Council adopted Resolution 170 -10 (Attachment 1) updating the designated Staff
positions. The proposed Resolution (Attachment 2) rescinds Resolution 170 -10 and appoints
new Staff representation to the ABAG PLAN Board of Directors. These Board of Director
appointments include the newly hired Administrative Services Director, Ms. Colleen Tribby.
Risk Management Policy Document
The City obtains General Liability Insurance through the same pooled risk sharing arrangement
offered by ABAG PLAN, Corporation which requires member agencies to adopt a Risk
Management Policy. On August 15, 2005, the City Council adopted Resolution No. 168 -05
(Attachment 3) to establish a Risk Management Policy for the City. The adoption of this
Resolution was one of several components in the overall Risk Management Program
established by the ABAG PLAN Board of Directors, to increase the awareness, importance,
visibility and effectiveness of the City's risk management efforts.
ANALYSIS:
During a recent Risk Management Audit, the City was made aware that a Policy Document
listing the goals of risk management was a required component of ABAG PLAN's Risk
Management framework. The adoption of the updated Resolution and Policy document
(Attachment 4) will complete the City's requirement for the ABAG PLAN program.
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
None.
ATTACHMENTS: 1. Resolution 170 -10
2. Resolution rescinding Resolution 170 -10 and appointing Directors to
ABAG PLAN Corporation on behalf of the City of Dublin.
3. Resolution 168 -05.
4. Resolution amending Resolution 168 -05 to include the Policy
Document (Exhibit A).
5. Risk Management Policy Document (Exhibit A)
Page 2 of 2
RESOLUTION NO. 170 - 10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * **
RESCINDING RESOLUTION NO. 90 -92 AND APPOINTING DIRECTORS TO
ABAG PLAN CORPORATION ON BEHALF
OF THE CITY OF DUBLIN
WHEREAS, the City of Dublin has been a charter member of ABAG PLAN Corporation since
1986; and
WHEREAS, ABAG Plan Corporation is now providing the City with liability insurance, property
insurance, and employee bonds; and
WHEREAS, ABAG PLAN Corporation is a self- funded insurance pool serving public
agencies; and
WHEREAS, the operations of these programs are governed by a Board of Directors
consisting of one representative from each member agency; and
WHEREAS, since the formation of ABAG PLAN Corporation in 1986, the City of Dublin's
designated representatives have been the Management Assistant and the Assistant City Manager;
and
WHEREAS, participation on the Board of Directors has been carried out by City Staff as part
of its regular duties and does not result in any remuneration to the employee; and
WHEREAS, it is recommended that the City Council revise the designees to ABAG PLAN
Corporation Bylaws and the Memorandum of Coverage.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Dublin rescinds
Resolution No. 90 -92.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of
Dublin does hereby designate the following individuals as appointees to the ABAG PLAN Board
of Directors:
Name
Title
Designation
Julie E. Carter
Human Resources Director
Director
Joni L. Patti ►lo
City Manager
Voting Alternate Director
Paul Rankin
Administrative Services Director
Second Voting Alternate Director
BE IT FURTHER RESOLVED that these appointments shall be in accordance with
ABAG PLAN Corporation Bylaws and the Memorandum of Coverage.
Page 1 of 2
vote:
PASSED, APPROVED AND ADOPTED this 7th day of December 2010, by the following
AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Gity Clerk
Reso No. 170 -10, Adopted 12 -7 -10, Item 4.4 Page 2 of 2
Mayor
RESOLUTION NO. XX - 13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
RESCINDING RESOLUTION 170 -10 AND APPOINTING DIRECTORS TO ABAG PLAN
CORPORATION ON BEHALF
OF THE CITY OF DUBLIN
WHEREAS, the City of Dublin has been a charter member of ABAG PLAN Corporation since
1986; and
WHEREAS, ABAG Plan Corporation is now providing the City with liability insurance, property
insurance, and employee bonds; and
WHEREAS, ABAG PLAN Corporation is a self- funded insurance pool serving public
agencies; and
WHEREAS, the operations of these programs are governed by a Board of Directors
consisting of one representative from each member agency; and
WHEREAS, since the formation of ABAG PLAN Corporation in 1986, the City of Dublin's
designated representatives have been the Management Assistant and the Assistant City Manager;
and
WHEREAS, participation on the Board of Directors has been carried out by City Staff as part
of its regular duties and does not result in any remuneration to the employee; and
WHEREAS, it is recommended that the City Council revise the designees to ABAG PLAN
Corporation Bylaws and the Memorandum of Coverage.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Dublin rescinds
Resolution No. 170 -10.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of
Dublin does hereby designate the following individuals as appointees to the ABAG PLAN Board
of Directors:
Name
Title
Designation
Julie E. Carter
Human Resources Director
Director
Joni L. Pattillo
City Manager
Voting Alternate Director
Colleen Tribby
Administrative Services Director
Second Voting Alternate Director
BE IT FURTHER RESOLVED that these appointments shall be in accordance with
ABAG PLAN Corporation Bylaws and the Memorandum of Coverage.
PASSED, APPROVED AND ADOPTED this 21St day of May 2013, by the following vote:
ATTACHMENT 2
AYES-
NOES-
ABSENT-
ABSTAIN-
ATTEST-
City Clerk
Mayor
ATTACHMENT 2
RESOLUTION NO. 168 - 05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ADOPTING A RISK MANAGEMENT POLICY RESOLVI ION
WHEREAS, the City of Dublin's membership in the ABAO PLAN, Corporation risk sharing pool
requires that the Dublin City Council commitment to adopt a risk management policy; and
WHEREAS, the City of Dublin is committed to protection and conservation of persons and
property from injury or destruction; and
WHEREAS, the systematic identification and control of unnecessary risks, undertakings, or
hazardous conditions minimizes the City's physical and financial losses as well as human suffering; and
WHEREAS, risk management is a concept designed to protect and conserve municipal assets and
to foster a safe work and City environment for its employees and citizenry; and
WHEREAS, risk management serves to avoid unforeseen and catastrophic losses as well as to
minimize the cast fluctuations of insured and self-insured programs.
NOW, THEREFORE, BE IT RESOLVED that the City of Dublin supports the risk management
programs and activities pursued by the City Manager and provided by the ABAG PLAN, Corporation.
Further, such risk management activities are considered an integral part of the City's overall management
system.
PASSED, APPROVED AND ADOPTED this 16'b day of August, 2005, by the following vote:
AYES: Councilmembers Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart
NOES: None
ABSENT_ None
ABSTAIN: None
Mayor
ATTE T:
City Clerk
0ACGMTG8W05.W, 1ng1t7lL 16 OSlneeo 168-05 risk mgrMdoc (Item 4.4)
RESOLUTION NO. XX - 13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * **
AMENDING RESOLUTION 168 -05 TO UPDATE THE CITY OF DUBLIN'S RISK
MANAGEMENT POLICY TO INCLUDE ADOPTING A POLICY DOCUMENT
WHEREAS, the City of Dublin's membership in the ABAG PLAN, Corporation risk sharing
pool requires that the Dublin City Council commitment to adopt a risk management policy; and
WHEREAS, the City of Dublin is committed to protection and conservation of persons and
property from injury or destruction; and
WHEREAS, the systematic identification and control of unnecessary risks, undertakings, or
hazardous conditions minimizes the City's physical and financial losses as well as human suffering;
and
WHEREAS, the risk management is a concept designed to protect and conserve municipal
assets and to foster a safe work and City environment for its employees and citizenry; and
WHEREAS, risk management serves to avoid unforeseen and catastrophic losses as well as
to minimize the cost fluctuations of insured and self- insured programs; and
WHEREAS, updating Resolution No. 168 -05 to include adopting a Policy Document (Exhibit
A)
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
supports the risk management programs and activities pursued by the City Manager and
provided by ABAG PLAN, Corporation.
1. The City Manager, City Attorney, and Department Directors are hereby designated as
the City's Risk Management Committee. The responsibilities of this Committee are to
take actions which:
a. recognize and control risk;
b. prevent loss of public property;
c. prevent injuries to public employees;
d. prevent injuries and losses to private citizens who may suffer damage due to
the actions or decisions of public employees or officials in the course of their
duties;
e. prevent losses to private citizens due to conditions within the control of the City
of Dublin.
2. The Risk Management Committee shall, at least semi - annually, conduct a
comprehensive review of risk management issues and trends affecting the City.
Included in this review shall be claims, facilities, contracting, use of City facilities,
operating procedures, and safety education. The Committee shall utilize information
gathered in this review to help fulfill its responsibility to act as set forth in Paragraph 1.
3. The City Manager shall implement appropriate procedures, regulations, and
contractual provisions through the City Attorney and the Department Directors to
transfer risk of loss to others in all third party transactions, including the use of City
ATTACHMENT 4
facilities, either through insurance requirements with the City of Dublin named as an
additional insured, faithful performance bonds, or hold harmless clauses.
4. The City Manager shall cause to be conducted, through ABAG PLAN Corporation, a
risk management audit of City activities at least bi- annually by a recognized risk
management expert and shall present such audit to the Risk Management Committee
for action.
BE IT FURTHER RESOLVED that such risk management activities are considered an
integral part of the City's overall management system.
PASSED, APPROVED AND ADOPTED this 21St day of May, 2013, by the following vote-
AYES-
NOES-
ABSENT-
ABSTAIN-
ATTEST-
City Clerk
Mayor
ATTACHMENT 4
Alf�%l / / /I/r
CITY OF
DUBLIN
1.0 GOALS
2.0
1.1 Reduce the risk of loss.
City of Dublin
Risk Management Policy
1.2 Apply responsive claims management techniques to losses that do occur.
1.3 Protect the City finances from catastrophic losses, or an annual accumulation of
losses that would cause financial hardship.
POLICIES
2.1 Overall responsibility for risk management lies with the City Manager or his /her
designee. However, risk management is the responsibility of each City employee,
consultant, and elected official.
2.2 The Human Resources Director is responsible for performing the duties of Risk
Manager for the City. S /he will be the City's liaison with the Association of Bay
Area Governments Plan (ABAG PLAN) and its claims administration program.
2.3 Risk Management is a systematic process aimed at identifying, measuring and
controlling loss exposures. In accordance with the City's Injury Illness Prevention
Program (IIPP), the Risk Manager will implement a City -wide hazard identification
system to quickly identify hazardous conditions and effect repairs. All employees
are encouraged to notify their supervisor, department head, and /or the Risk
Manager of any condition that may expose someone to injury or damage.
2.4 Risk Management includes a responsive claims administration system. The Risk
Manager will review all incident reports and claims, and will notify ABAG PLAN
and its adjustment firm in a timely manner of all serious accidents or claims.
Supervisors will review all accident reports, incident reports, and claims affecting
their organization, and provide timely information to the Risk Manager.
2.5 Risk Management involves the transfer of the City's risk of loss to others
whenever possible and practical. The Risk Manager and City Attorney will
periodically review and update a risk transfer process that assures the use of hold
harmless and indemnity clauses in all City agreements, contracts, leases, permits,
Exhibit A
purchase orders and rental agreements, and the use of insurance clauses that
provide adequate protection to the City.
3.0 ACCIDENT REVIEW PROCESS
3.1 The Risk Manager will implement, review and update (as needed) an accident
review process in order to review all accidents, incidents and claims to determine
their cause, preventability, methods to prevent future occurrences, and claims and
litigation defense strategy.
4.0 SAFETY REVIEW PROCESS
4.1 In accordance with the City's IIPP, the Risk Manager will implement a safety
review process to engage City employees in discussions about safety issues and
how to make City operations safer.
5.0 INSURANCE
5.1 The City will establish self- insurance retention limits consistent with its financial
resources. The City will establish reserves on all self- insured losses to recognize
the expected future cost, and appropriate funds to cover all self- insure liabilities.
Exhibit A