Resolution 2907-12 1 RESOLUTION NO. 2907-12
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3 A RESOLUTION BY THE BOARD OF DIRECTORS OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
APPROVING MEMBERSHIP IN THE ACWA JOINT POWERS INSURANCE AUTHORITY,CONSENTING TO
4 JOIN THE HEALTH BENEFITS PROGRAM OF THE ACWA JOINT POWERS INSURANCE AUTHORITY,
RATIFYING THE ACTION OF THE ACWA HEALTH BENEFITS AUTHORITY BOARD OF DIRECTORS TO
5 TERMINATE THE HEATLH BENEFITS AUTHORITY JOINT POWERS AGREEMENT,AND AUTHORIZING AND
6 DIRECTING THE SOUTH TAHOE PUBLIC UTILITY DISTRICT TO EXECUTIE ALL NECESSARY DOCUMENTS
7 WHEREAS,this Agency entered into a joint exercise of powers agreement("HBA Agreement')
8 with the Association of California Water Agencies Health Benefits Authority("HBA") in order to pool its
9 purchasing needs with other public agencies desiring to provide their employees with comprehensive
10 and economical health and welfare benefits; and
11 WHEREAS,this Agency entered into a Health Benefits Memorandum of Understanding("MOU")
12 to enroll in specific health programs and ancillary programs ("Existing Employee Benefits Coverage")
13 offered by HBA and agreed to abide by: (1)the HBA Agreement; (2)all rules and procedures established
14 by HBA in the administration of the Agency's Existing Employee Benefits Coverage; and (3) all
15 underwriting, eligibility, and contribution requirements in Appendix A to the MOU; and
16 WHEREAS, certain public agencies have entered into a joint exercise of powers agreement
17 ("JPIA Agreement') with the Association of California Water Agencies Joint Powers Insurance Authority
18 ("JPIA") in order to pool their purchasing needs with other public agencies desiring to obtain
19 comprehensive and economical public liability,workers' compensation, unemployment, health, accident
20 and/or dental,or property coverage; and
21 WHEREAS,JPIA is both qualified and authorized by the laws of the State of California to
22 administer the Existing Employee Benefits Coverage to this Agency through JPIA's Employee Benefits
23 Program; and
24 WHEREAS,during a noticed special meeting held on February 6, 2012,the HBA Board of
25 Directors unanimously voted to transfer all HBA operations and administrative functions to JPIA on or
26 above July 1, 2012, and to pursue a merger of the two public agencies after which the HBA Agreement
27 would be terminated; and
28 WHEREAS, pursuant to Article 22 of the HBA Agreement, the HBA Agreement may be
29 terminated by the HBA Board of Directors subject to ratification by the written consent of three-fourths
30 of the HBA Member agencies within 90 days of the HBA Board's action, provided, however,that HBA
and the HBA Agreement shall continue to exist for the purpose of concluding all functions necessary to
wind up HBA's affairs; and
1 WHEREAS, during a noticed regular meeting held on March 28, 2012,the HBA Board of Directors
2 approved HBA Resolution 12-03-02: (1) electing to terminate the HBA Agreement pursuant to Article 22
3 of the HBA Agreement and,except as provided in clause 2 below, said termination shall become
4 effective upon ratification by the written consent of three-fourths of the HBA member district and
5 agencies; (2) recognizing that pursuant to Article 22 of the HBA Agreement, HBA and the HBA
6 Agreement shall continue to exist for the purpose of winding up and dissolving the business affairs of
7 HBA, and acknowledge that the HBA Board of Directors is vested with all powers of HBA for doing the
8 same; and (3)declaring that Resolution 12-03-02 shall take effect on April 1, 2012,thereby beginning
9 the 90-day ratification period.
10 NOW,THEREFORE,BE IT RESOLVED that the Directors of South Tahoe Public Utility District hereby:
11 1. Agree that the JPIA Agreement and the HBA Memorandum of Understanding referred to in the
recitals above are incorporated in this resolution by reference.
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2. Approve this Agency's membership in the Association of California Water Agencies Joint Powers
13 Insurance Authority.
14 3. Consent to join JPIA's Employee Benefits Program and acknowledge, represent, and agree that
15 all terms and conditions of the HBA Memorandum of Understanding apply to the provision of
this Agency's Existing Employee Benefits Coverage through JPIA.
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17 4. Authorize and direct this Agency's Human Resources Director to cooperate fully with HBA and
JPIA in the execution of any other documents and in the completion of any additional actions
18 that may be necessary or appropriate for the purpose of ensuring that this Agency's Existing
Employee Benefits Coverage continues without lapse through JPIA.
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20 5. Ratify the action of the HBA Board of Directors to terminate the HBA Agreement, to be effective
as provided in Article 22 of the HBA Agreement.
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6. Direct the Secretary of the Board of this Agency to immediately send a certified copy of this
22 resolution to: Association of California Water Agencies Health Benefits Authority, 4600
23 Northgate Blvd., Suite 100 Sacramento, California, 95834
24 WE,THE UNDERSIGNED,do hereby certify that the above and foregoing resolution was duly and
25 regularly adopted and passed by the Board of Directors of the South Tahoe Public Utility District at a
26 regular meeting duly held on the 19th day of April, 2012, by the following vote:
AYES: Jones, Vogelgesang, Sheehan, Schafer
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NOES: None
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29 ABSENT: Cefalu
30 Eric Schafer, Boa d Pre ' ent
ATTEST:
Kathy Sharp,C k of the Board 7