65 AGENDA ITEM BACKGROUND TO: GOVERNING BOARD DATE FROM: PRESIDENT SUBJECT: December 10, 2012 Resolution 076-12: Notice of Intent to Withdraw From Schools Excess Liability Fund (SELF) JPA REASON FOR BOARD CONSIDERATION ACTION ITEM NUMBER ENCLOSURE(S) Page 1 of 2 C.4 BACKGROUND: The District carries a general liability policy of up to $25 million per occurrence achieved by means of the following “layers” of liability coverage: the first $1 million is covered under the Statewide Association of Community Colleges (SWACC) Joint Powers Authority (JPA). The next $4 million in excess of the first $1 million is covered under the Schools Alliance For Excess Risk (SAFER) JPA. The final layer of coverage--$20 million in excess of the first $5 million--is currently provided under the Schools Excess Liability Fund (SELF) JPA. Staff recommends moving the final layer of coverage from SELF to SAFER as of July 1, 2013 for the following reasons: Three of the SWACC Board Members sit on the SAFER Board of Directors. This representation facilitates transparency and direct input in coverage issues and potential changes in the Memorandum of Coverage. The District, via SWACC, already has the layer of coverage from $1 million to $5 million with SAFER; covering the final layer of $5 million to $25 million under the same JPA provides greater continuity of coverage, transparency, and potential uniformity of interpretation of the Memorandum of Coverage. The District’s General Liability, Property, and Worker’s Compensation insurance broker, Keenan, currently manages the SWACC and SAFER JPA’s, but not SELF. Switching to SAFER will provide more continuity of service, greater transparency, and ease of administration by having all three District JPAs administered and managed by the same brokerage. To facilitate this move from SELF to SAFER, staff requests the Governing Board to pass the following resolution: Continued page 2 FISCAL IMPACT: To be determined; staff analysis of current SAFER versus SELF rates is that SAFER rates are competitive. RECOMMENDATION: It is recommended that the Governing Board adopt the attached resolution of “Notice of Intent to Withdraw from Schools Excess Liability Fund (SELF) JPA. Administrator Initiating Item: Michael Robins Victoria Lewis Academic and Professional Matter If yes, Faculty Senate Agreement Senate President Signature Yes No Yes No Final Disposition 66 Resolution 076-12 of the Governing Board of the Cabrillo Community College District Notice of Intent to Withdraw from Schools Excess Liability Fund (SELF) JPA WHEREAS, California Community College Districts need to maintain fiscally stable excess liability coverage to protect their agency against unforeseen liability claims; and WHEREAS, Cabrillo Community College presently has $5,000,000 in liability limits through its membership in the Statewide Association of Community Colleges (SWACC) JPA, including $4,000,000 in excess of $1,000,000 through the Schools Alliance for Excess Risk (SAFER) JPA; and WHEREAS, Cabrillo Community College District has $20,000,000 in excess liability limits through the Schools Excess Liability Fund (SELF) JPA; and WHEREAS, Cabrillo wishes to participate in an excess liability program that is more consistent and concurrent with our underlying coverage through the Statewide Association of Community Colleges (SWACC) JPA; and WHEREAS; the Schools Excess Liability Fund’s bylaws require notification of an intent to withdraw no later than December 31, 2012 of our intent to do so; and WHEREAS Cabrillo Community College District seeks to join the Schools Alliance for Excess Risk (SAFER) JPA; Therefore, in order for the district to transition to the SAFER JPA effective 7/1/13, a notice of intent to withdraw must be filed with the Schools Excess Liability Fund (SELF) JPA by December 31, 2012. NOW, THEREFORE, BE IT RESOLVED that the Governing Board of Cabrillo Community College District notifies the Schools Excess Liability Fund Joint Powers Authority of its intent to withdraw from that Joints Powers Authority effective July 1, 2013. PASSED AND ADOPTED on December 10, 2012, by the following vote: AYES: NOES: ABSENT: STATE OF CALIFORNIA ) COUNTY OF __________________ ) I, ________________, Secretary of the Cabrillo Community College District Board of Trustees, do hereby certify that the foregoing is a full, true, and correct copy of a resolution adopted by the Board of Trustees at a regularly called and conducted meeting held on said date. ____________________________________ Secretary of Board of Trustees 2