Currently, CCCFPD is a participant in of the Joint Exercise of Powers Agreement for Providing Public Liability and Other Self-Insurance (“JPA”), which was entered into among the County of Contra Costa, CCCFPD and various other fire districts within the County of Contra Costa on July 1, 1988. The participants to the JPA receive property damage, comprehensive liability and auto liability insurance.
To reflect changes in the participants, claims, procedures, and insurance coverage that have occurred since the JPA’s enactment in 1988, the parties have prepared the First Amended Joint Exercise of Powers Agreement for Providing Public Liability and Other Self-Insurance (“First Amended JPA”). Similar to the current JPA, the First Amended JPA creates a self-insurance program for comprehensive liability, property damage, auto liability and other coverages for its participants.
The participants are the County, CCCFPD, and various other fire districts within the County, including those which are both dependent and independent of County governance. The First Amended JPA becomes effective when executed by the County and continues in effect until it is terminated. Any party may withdraw from the First Amended JPA by providing adequate advance written notice to the other participants.
In furtherance of the First Amended JPA’s stated purpose, “to develop and fund programs of self-insurance”, its participants may elect to create joint insurance funds, purchase insurance policies, purchase reinsurance and acquire necessary administrative and legal services. Administrative services will be provided by the County Administrator’s Risk Management Division. These services continue to include, but are not limited to, risk management consulting, loss prevention and control, centralized loss reporting, actuarial consulting, claims adjusting, the acquisition of legal defense services, and other administrative services as deemed necessary.
Similar to the current JPA, the First Amended JPA’s self-insurance program will be funded through annual premiums determined upon the basis of an equitable cost sharing plan and rating formula. The premium for each participant will include that participant’s share of expected losses, reinsurance costs if any, administrative costs, and legal costs for the year for each self-insurance program in which it participates.
Government Code section 990.8, which permits pubic agencies to exercise jointly powers to provide self-insurance, as well as constitutional and statutory law, provides authority for participants to self-insure pursuant to the First Amended JPA.
The current JPA participants would lack certain types of coverage that will be included under the First Amended JPA. Additionally, the current JPA’s claims procedures section is outdated, making continued administration difficult.