LINDSAY CITY COUNCIL
REGULAR MEETING AGENDA
City Hall, 251 E. Honolulu St., Lindsay, CA 93247
Notice is hereby given that the Lindsay City Council will hold a Regular Meeting on April 25, 2023, at 6:00 PM in person and via webinar. The webinar address for members of the public is https://zoom.us/j/99279557087.
Persons with disabilities who may need assistance should contact the City Clerk prior to the meeting at (559) 562-7102 ext. 8034 or via email at [email protected].
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE
Led by Council Member SERNA.
4. APPROVAL OF AGENDA
5. PUBLIC COMMENT
The public is invited to comment on any subject under the jurisdiction of the Lindsay City Council. Please note that speakers that wish to comment on a Regular Item or Public Hearing on tonight’s agenda will have an opportunity to speak when public comment for that item is requested by the Mayor. Comments shall be limited to three (3) minutes per person, with thirty (30) minutes for the total comment period, unless otherwise indicated by the Mayor. The public may also choose to submit a comment before the meeting via email. Public comments received via email will be distributed to the Council prior to the start of the meeting and incorporated into the official minutes; however, they will not be read aloud. Under state law, matters presented under public comment cannot be acted upon by the Council at this time.
6. COUNCIL REPORT
7. CITY MANAGER REPORT
8. RECOGNITION ITEMS
8.1 Proclamation in Honor of School Resource Officer Priscilla Valdovinos’ Central California Battle of the Badges Boxing Competition Win (p. 5)
Presented to School Resource Officer Priscilla Valdovinos
9. PRESENTATION ITEMS
9.1 Introduction and Oath of Office of Reserve Police Officer Johan Cervantes Introduction presented by Chief Rick Carrillo, Director of Public Safety Oath of Office administered by Francesca Quintana, City Clerk & Assistant to the City Manager
April 25, 2023 Regular Meeting of the Lindsay City Council
9.2 Introduction and Oath of Office of Reserve Police Officer Kenneth Clifford Introduction presented by Chief Rick Carrillo, Director of Public Safety Oath of Office administered by Francesca Quintana, City Clerk & Assistant to the City Manager
9.3 Update on Elevate Lindsay LLC
Presented by Courtney Caron
10. CONSENT CALENDAR
Routine items approved in one motion unless an item is pulled for discussion.
10.1 Minutes from April 11, 2023, Regular Meeting (pp. 6 – 10)
10.2 Warrant List for April 03, 2023, through April 17, 2023 (pp. 11 – 24)
10.3 Consider Minute Order Approval of Resolution No. 23-08, A Resolution of the City Council of the City of Lindsay Reaffirming the Existence of a Local Disaster (pp. 25 – 27)
10.4 Public Risk Innovation, Solutions, and Management (pp. 28 - 114) A. Consider Minute Order Approval of Resolution No. 23-09, A Resolution of the City Council of the City of Lindsay to Join Public Risk Innovation, Solutions, and Management (pp. 31 – 32)
B. Consider Minute Order Approval of Public Risk Innovation, Solutions, and Management Joint Powers Agreement and Authorize City Manager to Execute any Documents Thereto (pp. 33 – 59)
C. Consider Minute Order Approval of Public Risk Innovation, Solutions, and Management Property Program Memorandum of Understanding and Authorize City Manager to Execute any Documents Thereto (pp. 60 – 62) D. Consider Minute Order Approval of Public Risk Innovation, Solutions, and Management Excess Liability Program Memorandum of Understanding and Authorize City Manager to Execute any Documents Thereto (pp. 63 – 82) E. Consider Minute Order Approval of Public Risk Innovation, Solutions, and Management Excess Workers’ Compensation Program and Authorize City Manager to Execute any Documents Thereto (pp. 83 – 107) F. Consider Minute Order Approval of Application for Permanent Certificate of Consent to Self-Insure for Interim Self-Insurer and Authorize City Manager to Execute any Documents Thereto (pp. 108 – 109)
April 25, 2023 Regular Meeting of the Lindsay City Council
G. Consider Minute Order Approval of Application for Certificate of Consent to Self-Insure as a Public Agency Employer Self-Insurer and Authorize City Manager to Execute any Documents Thereto (pp. 110 – 113) H. Consider Minute Order Authorization of Resolution No. 23-10, A Resolution of the City Council of the City of Lindsay Authorizing Application to the Director of Industrial Relations, State of California for a Certificate of Consent to SelfInsure Workers' Compensation Liabilities and Authorize City Manager to Execute any Documents Thereto (p. 114)
10.5 Consider Minute Order Approval of Resolution No. 23-11, A Resolution of the City Council of the City of Lindsay Adopting a Project List for Submittal to the California Department of Transportation (Caltrans) Under the Road Maintenance and Rehabilitation Act of 2017 (pp. 115 – 119)
10.6 Consider Minute Order Approval of Resolution No. 23-12, A Resolution of the City Council of the City of Lindsay Authorizing Staff to Submit a Claim to the Tulare County Association of Governments (TCAG) for Regional Surface Transportation Program (RSTP) Funds in Exchange for Highway Account Funds (pp. 120 – 124)
10.7 Consider Minute Order Approval of Sequoia Basin and Drainage Evaluation Project Task Order to Quad Knopf Inc dba QK (pp. 125 – 131)
11. ACTION ITEMS
11.1 Consider Approval of Job Description for the Reserve Firefighter Job Position (pp. 132 – 139)
Presented by Chief Rick Carrillo, Director of Public Safety
11.2 Consider the Rejection of Bids Received in Response to the Olive Bowl/Kaku Park Expansion Request for Bids (RFBs) and Authorize Staff to Re-Bid (pp. 140 – 142) Presented by Neyba Amezcua, Director of City Services & Planning
12. DISCUSSION ITEMS
12.1 Property Tax Rolls
Presented by Joseph M. Tanner, City Manager
13. EXECUTIVE (CLOSED) SESSION
13.1 Conference With Legal Counsel – Anticipated Litigation Significant Exposure to Litigation Pursuant to Cal. Gov. Code §54956.9(d)(2): One (1) Case April 25, 2023 Regular Meeting of the Lindsay City Council
14. REQUEST FOR FUTURE ITEMS
Council requests for future agenda items, can be called for by any Councilmember during the ‘Request for Future Items’ section of a regular meeting. Immediately following the request of an item, a vote will be taken on the item. If a majority of the City Council supports further study of the item, then a full staff analysis will be prepared within a reasonable time as determined by the City Manager unless otherwise directed by a majority of the City Council. Discussion shall be limited to whether an item should be added to an agenda, not the merit of the item.
15. ADJOURNMENT
Lindsay City Council meetings are held in the City Council Chambers at 251 E. Honolulu Street in Lindsay, California beginning at 6:00 P.M. on the second and fourth Tuesday of every month unless otherwise noticed. Materials related to an Agenda item submitted to the legislative body after distribution of the Agenda Packet are available for public inspection in the office of the City Clerk during normal business hours. Complete agenda is available at www.lindsay.ca.us. In compliance with the Americans with Disabilities Act & Ralph M. Brown Act, if you need special assistance to participate in this meeting, or to be able to access this agenda and documents in the agenda packet, please contact the office of the City Clerk at (559) 562-7102 x 8034. Notification 48 hours prior to the meeting will enable the City to ensure accessibility to this meeting and/or provision of an alternative format of the agenda and documents in the agenda packet.
April 25, 2023 Regular Meeting of the Lindsay City Council
City of Lindsay
Proclamation
WHEREAS, the 2023 Central California Battle of the Badges Competition was held on April 15, 2023, and featured the biggest names in Public Safety boxing; and WHEREAS, Battle of the Badges is an event that raises money for charity and promotes physical fitness as well as camaraderie among members of the Fire, Law Enforcement, and Military community; and
WHEREAS, Lindsay School Resource Officer Priscilla Valdovinos competed and represented the City of Lindsay in the 2023 Central California Battle of the Badges Boxing Competition; and
WHEREAS, School Resource Officer Valdovinos trained for and won the light featherweight match in which she competed; and
WHEREAS, School Resource Officer Valdovinos successfully demonstrated exemplary commitment, dedication, and strength at the Battle of the Badges match.
NOW, THEREFORE, BE IT RESOLVED, that I, Hipolito Angel Cerros, Mayor of the City of Lindsay, do hereby formally recognize and honor School Resource Officer Valdovinos’ achievement in the Battle of the Badges Boxing Competition.
IN WITNESS WHEREOF, I hereby set my hand and caused the Seal of the City of Lindsay to be affixed this 25th Day of April of 2023.
LINDSAY CITY COUNCIL
Hipolito Angel Cerros, Mayor
April 25, 2023 Regular Meeting of the Lindsay City Council
LINDSAY CITY COUNCIL
REGULAR MEETING AGENDA
MINUTES
City Hall, 251 E. Honolulu St., Lindsay, CA 93247
Notice is hereby given that the Lindsay City Council will hold a Regular Meeting on April 11, 2023, at 6:00 PM in person and via webinar. The webinar address for members of the public is https://zoom.us/j/99279557087.
Persons with disabilities who may need assistance should contact the City Clerk prior to the meeting at (559) 562-7102 ext. 8034 or via email at [email protected].
1. CALL TO ORDER
2. ROLL CALL
Present Mayor Cerros
Mayor Pro Tem Flores
Council Member Caudillo
Council Member Sanchez
Council Member Serna
3. PLEDGE
Led by Council Member SANCHEZ.
4. APPROVAL OF AGENDA
Motion to Approve Agenda
1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CAUDILLO SERNA (5-0) AYE AYE AYE AYE AYE
5. PUBLIC COMMENT
The public is invited to comment on any subject under the jurisdiction of the Lindsay City Council. Please note that speakers that wish to comment on a Regular Item or Public Hearing on tonight’s agenda will have an opportunity to speak when public comment for that item is requested by the Mayor. Comments shall be limited to three (3) minutes per person, with thirty (30) minutes for the total comment period, unless otherwise indicated by the Mayor. The public may also choose to submit a comment before the meeting via email. Public comments received via email will be distributed to the Council prior to the start of the meeting April 25, 2023 Regular Meeting of the Lindsay City Council
and incorporated into the official minutes; however, they will not be read aloud. Under state law, matters presented under public comment cannot be acted upon by the Council at this time. • Public comment from Danny Salinas, Chairman of Orange Blossom Committee. Mr. Salinas thanked all who attended the Orange Blossom Festivities. The event saw over 2,000 attendees and went very well. Mr. Salinas thanked the City Council for waiving the fees for the event. Mr. Salinas also thanked Chief Rick Carrillo and the Fire and Police Department for responding to a call at his mother’s house. Mr. Salinas offered his condolences to former Chief Hughes’ family on his passing.
6. COUNCIL REPORT
• Council Member SERNA shared that he was very happy with the Orange Blossom Festivities, enjoyed seeing many vendors and attendees at the event. SERNA thanked everyone in attendance of tonight’s meeting.
• Mayor Pro Tem FLORES thanked Danny Salinas for organizing and overseeing the Orange Blossom Festivities. FLORES enjoyed catching up with various groups and individuals at the event as well as the food options.
• Council Member SANCHEZ thanked everyone for attending tonight’s meeting. SANCHEZ agreed that Orange Blossom was a great event and understands it took a lot of planning to be successful. • Council Member CAUDILLO shared that she had a great time at the Orange Blossom Parade.
CAUDILLO shared that Loyalty Car Club will be hosting a BBQ on May 21, 2023. • Mayor CERROS shared that the Orange Blossom Beer Garden was great, thanked everyone who made Orange Blossom possible. CERROS shared his condolences for former Chief Hughes passing and asked for a moment of silence.
7. CITY MANAGER REPORT
• CITY MANAGER shared about the various projects happening now around the City such as the Hermosa Street utility work, next week’s Olive Bowl/Kaku Park Bid opening, and next week’s Water Main Surveying Project. CITY MANAGER asked for the public’s patience and understanding during the construction period.
• CITY MANAGER shared that various improvements are being made to the City Hall and Public Safety buildings.
• CITY MANAGER shared that the Battle of the Badges Boxing Competition will be on April 15, 2023 at the Visalia Convention Center, tickets currently available at the Public Safety Department. • CITY MANAGER shared that the City has hired a new Director of Recreation Services, Armando da Silva, who has 20 years of experience, resides in Tulare and has 2 children. • CITY MANAGER offered his condolences to the Hughes family for the passing of the former Chief Hughes. Hughes was a 20 year employee of the City and was lost too young.
8. RECOGNITION ITEMS
8.1 Proclamation in Honor of Autism Awareness Month (p. 4) Presented to Lindsay Unified School District Special Education
8.2 Proclamation in Honor of Flood Response Volunteers (p. 5) Presented to Lindsay Unified School District Learners,
Breakthrough Church, and
Sallie McDonald
April 25, 2023 Regular Meeting of the Lindsay City Council
9. DISCUSSION ITEMS
9.1 Lewis Response Update
Presented by Chief Rick Carrillo, Director of Public Safety and Neyba Amezcua, Director of City Services & Planning
9.2 Regional Housing Element Study Session
Presented by Curtis Cannon, Planning Manager
9.3 Friday Night Market Boundaries Map and Oversight Committee Review (pp. 6 – 19) Presented by Francesca Quintana, City Clerk & Assistant to the City Manager
10. CONSENT CALENDAR
Routine items approved in one motion unless an item is pulled for discussion.
10.1 Minutes from March 28, 2023, Regular Meeting (pp. 20 – 25)
10.2 Warrant List for March 20, 2023, through April 02, 2023 (p. 26)
10.3 Treasurer’s Report for March 2023 (p. 27)
10.4 Second Reading of Ordinance No. 609, An Ordinance of the City of Lindsay Amending Chapter 17.20 of Title Seventeen (17) of the Lindsay Municipal Code, Amending Final Map, and Authorization to Waive Full Reading of Said Ordinance and Authorize Reading by Title Only (pp. 28 – 34)
10.5 Second Reading of Ordinance No. 608, An Ordinance of the City of Lindsay Amending Chapter 14.03 of Title Fourteen (14) of the Lindsay Municipal Code, Amending Conduct in City Parks and Recreation Areas, and Authorization to Waive Full Reading of Said Ordinance and Authorize Reading by Title Only (pp. 35 – 38)
10.6 Consider Minute Order Approval of 2023 Model Year Ford Police Interceptor Utility Request for Proposals (RFPs) Submitted and Recommendation to Award Contract to Phil Long Ford of Denver, LLC (pp. 39 – 52)
• Item 10.6 pulled for discussion; Public Safety Lieutenant Nave answered the Council’s questions regarding the expected arrival of new vehicles.
Motion to Approve Consent Calendar
1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CAUDILLO CERROS (5-0) AYE AYE AYE AYE AYE
April 25, 2023 Regular Meeting of the Lindsay City Council
11. PUBLIC HEARINGS
11.1 Consider Approval of Resolution No. 23-07, A Resolution of the City Council of the City of Lindsay Approving Tentative Parcel Map No. 23-01, to Subdivide Approximately 35.08 Acres North of Tulare Road, West of the Southern Pacific Railroad Tracks (APN’s 199-050- 017, 201-170-010, 201-180-013) Into Four Parcels and a Remainder, from NFDI LLC, and Finding that Project is Exempt from Review Under the California Environmental Quality Act (CEQA) Pursuant to Section 15315 of CEQA Guidelines and Direct City Clerk to File a Notice of Exemption (NOE) (pp. 53 – 64)
Presented by Curtis Cannon, Planning Manager
• Mayor opened the public hearing at 7:17 PM.
• Public comment from Starr Warson representing the Lindsay Hospital District. Mr. Warson shared that the District has not taken an official stance on the O’Hara Project, however they are interested in it and how it would affect the District and the property they own. • Mayor closed the public hearing at 7:19 PM.
Motion to Approve Item 11.1
1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CAUDILLO CERROS (5-0) AYE AYE AYE AYE AYE
12. ACTION ITEMS
12.1 Consider the Approval of Names for Appointment to the City Sign Ordinance Ad-Hoc Committee (pp. 65 – 67)
Presented by Joseph M. Tanner, City Manager
Motion to Approve Item 12.1 with Names from Table 2 (Council Amended List) 1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CAUDILLO SERNA (4-1) AYE NAY AYE AYE AYE
12.2 Review Existing Appointments and Consider the Approval of Appointment of Council Member Representatives to Boards, Agencies, and Committees (pp. 68 – 71) Presented by Francesca Quintana, City Clerk & Assistant to the City Manager April 25, 2023 Regular Meeting of the Lindsay City Council
Motion to Approve Item 12.2 with New Appointments to TCAG Board of Governors and SJV Air Pollution Control District Special City Selection Committee
1st 2nd Result SERNA FLORES CAUDILLO CERROS SANCHEZ
CERROS SANCHEZ (5-0) AYE AYE AYE AYE AYE
13. EXECUTIVE (CLOSED) SESSION
13.1 Conference With Legal Counsel – Anticipated Litigation Significant Exposure to Litigation Pursuant to Cal. Gov. Code §54956.9(d)(2): At Least (1) Case, but the Number of Total Cases is Currently Unknown
13.2 Conference With Legal Counsel – Anticipated Litigation Significant Exposure to Litigation Pursuant to Cal. Gov. Code §54956.9(d)(2): One (1) Case • No reportable action out of closed session.
14. REQUEST FOR FUTURE ITEMS
Council requests for future agenda items, can be called for by any Councilmember during the ‘Request for Future Items’ section of a regular meeting. Immediately following the request of an item, a vote will be taken on the item. If a majority of the City Council supports further study of the item, then a full staff analysis will be prepared within a reasonable time as determined by the City Manager unless otherwise directed by a majority of the City Council. Discussion shall be limited to whether an item should be added to an agenda, not the merit of the item.
Update from City Acquired Consultants for Various Services Result SERNA FLORES CAUDILLO CERROS SANCHEZ
(5-0) AYE AYE AYE AYE AYE
15. ADJOURNMENT
Lindsay City Council meetings are held in the City Council Chambers at 251 E. Honolulu Street in Lindsay, California beginning at 6:00 P.M. on the second and fourth Tuesday of every month unless otherwise noticed. Materials related to an Agenda item submitted to the legislative body after distribution of the Agenda Packet are available for public inspection in the office of the City Clerk during normal business hours. Complete agenda is available at www.lindsay.ca.us. In compliance with the Americans with Disabilities Act & Ralph M. Brown Act, if you need special assistance to participate in this meeting, or to be able to access this agenda and documents in the agenda packet, please contact the office of the City Clerk at (559) 562-7102 x 8034. Notification 48 hours prior to the meeting will enable the City to ensure accessibility to this meeting and/or provision of an alternative format of the agenda and documents in the agenda packet.
• Mayor adjourned the meeting at 8:43 PM.
April 25, 2023 Regular Meeting of the Lindsay City Council
CITY OF LINDSAY | WARRANT LIST 4/17/2023
TRANSACTION DATES: 04/3/2023 THROUGH 04/17/2023
Check# Fund Date Vendor # Vendor Name Description Amount 23225 ($354.28)
101 ‐ GENERAL FUND 03/17/23 7005 WITMER PUBLIC SAFET PHENIX ID BRACKET&S (354.28) 23237 $492.35
101 ‐ GENERAL FUND 04/06/23 2873 ADVANTAGE ANSWERING 3/1/23‐3/31/23 492.35 23238 $1,668.00
101 ‐ GENERAL FUND 04/06/23 6504 ADVENTIST HEALTH TO FEB. TOXICOLOGY 1,668.00 23239 $165.53
101 ‐ GENERAL FUND 04/06/23 007 AG IRRIGATION SALES SHURFLO WIRE HARNES 11.33 552 ‐ WATER 04/06/23 007 AG IRRIGATION SALES UNION PVC SOC. 129.93 553 ‐ SEWER 04/06/23 007 AG IRRIGATION SALES PVC PIPES,BLUE GLUE 24.27 23240 $7,489.68
305 ‐ EMERGENCY OPERATIONS 04/06/23 7026 ALL DRONE SOLUTIONS DJI MAVIC DRONES 7,489.68 23241 $55.72
101 ‐ GENERAL FUND 04/06/23 431 ALLSTAR FIRE EQUIPM HANDLE FOR WYE VALV 55.72 23242 $75.00
101 ‐ GENERAL FUND 04/06/23 7021 AMERICAN COAST TITL RETURN RECORDING FE 75.00 23243 $932.68
101 ‐ GENERAL FUND 04/06/23 6600 AMERICAN HERITAGE L APRIL ACCIDENT PLAN 932.68 23244 $977.53
101 ‐ GENERAL FUND 04/06/23 3898 AMERICAN INCORPORAT HVAC BLOWER MTR 977.53 23245 $50.00
400 ‐ WELLNESS CENTER 04/06/23 6950 ANA CARRETERO MARCH ZUMBA CLASSES 50.00 23246 $50.00
400 ‐ WELLNESS CENTER 04/06/23 5819 ANITA GUTIERREZ MARCH CLASSES 50.00 23247 $662.37
101 ‐ GENERAL FUND 04/06/23 5457 AUTO ZONE COMMERCIA DISCONNECT SLDS SET 5.21 101 ‐ GENERAL FUND 04/06/23 5457 AUTO ZONE COMMERCIA DURALAST GOLD START 69.60 101 ‐ GENERAL FUND 04/06/23 5457 AUTO ZONE COMMERCIA POWER STEERING FLUI 6.62 101 ‐ GENERAL FUND 04/06/23 5457 AUTO ZONE COMMERCIA TRAILER COUPLER&JAC 67.96 101 ‐ GENERAL FUND 04/06/23 5457 AUTO ZONE COMMERCIA CABLE CONNECTOR 89.93 101 ‐ GENERAL FUND 04/06/23 5457 AUTO ZONE COMMERCIA MOTOR OIL, OIL FILT 45.87 101 ‐ GENERAL FUND 04/06/23 5457 AUTO ZONE COMMERCIA REFLECTIVE TAPE STR 17.06 101 ‐ GENERAL FUND 04/06/23 5457 AUTO ZONE COMMERCIA ENGINE OIL 11.73 101 ‐ GENERAL FUND 04/06/23 5457 AUTO ZONE COMMERCIA MOTOR OIL, OIL FILT 67.38 101 ‐ GENERAL FUND 04/06/23 5457 AUTO ZONE COMMERCIA BULB 13.47 101 ‐ GENERAL FUND 04/06/23 5457 AUTO ZONE COMMERCIA STOPLIGHT SWITCH 35.88 552 ‐ WATER 04/06/23 5457 AUTO ZONE COMMERCIA DURALAST HEX KEY SE 15.21 552 ‐ WATER 04/06/23 5457 AUTO ZONE COMMERCIA TRAILER COUPLER&JAC 67.96 552 ‐ WATER 04/06/23 5457 AUTO ZONE COMMERCIA DURALAST GOLD START 69.59 552 ‐ WATER 04/06/23 5457 AUTO ZONE COMMERCIA 2K/3K DUST CAP 11.52 553 ‐ SEWER 04/06/23 5457 AUTO ZONE COMMERCIA MOTOR OIL, OIL FILT 67.38 23248 $654.74
101 ‐ GENERAL FUND 04/06/23 5381 AWAKE SKATE SHOP F.D. POLOS & JACKET 96.32 101 ‐ GENERAL FUND 04/06/23 5381 AWAKE SKATE SHOP C.S. POLOS & JACKET 359.32 101 ‐ GENERAL FUND 04/06/23 5381 AWAKE SKATE SHOP COUNCIL POLOS W/EMB 199.10 23249 $2,911.00
552 ‐ WATER 04/06/23 051 BSK DRINKING WATER 1,507.25 553 ‐ SEWER 04/06/23 051 BSK WW TESTING 910.00 556 ‐ VITA‐PAKT 04/06/23 051 BSK VITA‐PAKT WASTE WAT 493.75 April 25, 2023 Regular Meeting of the Lindsay City Council
23250 $2,250.00
101 ‐ GENERAL FUND 04/06/23 6689 BUILDING MAINTENANC MARCH CLEANING SVCS 321.43 101 ‐ GENERAL FUND 04/06/23 6689 BUILDING MAINTENANC MARCH CLEANING SVCS 321.43 101 ‐ GENERAL FUND 04/06/23 6689 BUILDING MAINTENANC MARCH CLEANING SVCS 321.43 101 ‐ GENERAL FUND 04/06/23 6689 BUILDING MAINTENANC MARCH CLEANING SVCS 321.43 552 ‐ WATER 04/06/23 6689 BUILDING MAINTENANC MARCH CLEANING SVCS 321.43 553 ‐ SEWER 04/06/23 6689 BUILDING MAINTENANC MARCH CLEANING SVCS 321.43 554 ‐ REFUSE 04/06/23 6689 BUILDING MAINTENANC MARCH CLEANING SVCS 321.42 23251 $326.00
101 ‐ GENERAL FUND 04/06/23 5013 BUZZ KILL PEST CONT 476 N MT VERNON#CL4 50.00 101 ‐ GENERAL FUND 04/06/23 5013 BUZZ KILL PEST CONT 157 N MIRAGE #CL157 33.00 101 ‐ GENERAL FUND 04/06/23 5013 BUZZ KILL PEST CONT 911 N PARKSIDE #CL9 27.00 101 ‐ GENERAL FUND 04/06/23 5013 BUZZ KILL PEST CONT 801 ELMWOOD #CL801 25.00 101 ‐ GENERAL FUND 04/06/23 5013 BUZZ KILL PEST CONT 174 SWEETBRIER #CL1 34.00 552 ‐ WATER 04/06/23 5013 BUZZ KILL PEST CONT 729 W HONOLULU #CL7 28.00 553 ‐ SEWER 04/06/23 5013 BUZZ KILL PEST CONT 23611 RD 196 #CL236 33.00 886 ‐ SAMOA 04/06/23 5013 BUZZ KILL PEST CONT SAMOA #CLSAMOA 43.00 887 ‐ SWEETBRIER TOWNHOUSES 04/06/23 5013 BUZZ KILL PEST CONT HERMOSA TOWN HOMES 53.00 23252 $964.47
101 ‐ GENERAL FUND 04/06/23 3056 CALIFORNIA TURF EQU 60" LAZER PLATFORM 964.47 23253 $62.85
400 ‐ WELLNESS CENTER 04/06/23 6351 CANON FINANCIAL SER W.C. 3/1/23‐3/31/23 62.85 23254 $60.01
305 ‐ EMERGENCY OPERATIONS 04/06/23 2220 MARI CARRILLO WARMING CENTER SUPP 60.01 23255 $119.00
101 ‐ GENERAL FUND 04/06/23 3271 CASCADE FIRE EQUIPM GLOVE,STR‐X FIRE AR 119.00 23256 $111,183.00
101 ‐ GENERAL FUND 04/06/23 075 CSJVRMA LIABILITY PROGRAM 5,646.75 101 ‐ GENERAL FUND 04/06/23 075 CSJVRMA LIABILITY PROGRAM 5,646.75 101 ‐ GENERAL FUND 04/06/23 075 CSJVRMA LIABILITY PROGRAM 5,646.75 101 ‐ GENERAL FUND 04/06/23 075 CSJVRMA WORKER'S COMP PROGR 66,009.00 261 ‐ GAS TAX FUND 04/06/23 075 CSJVRMA LIABILITY PROGRAM 5,646.75 400 ‐ WELLNESS CENTER 04/06/23 075 CSJVRMA LIABILITY PROGRAM 5,646.75 552 ‐ WATER 04/06/23 075 CSJVRMA LIABILITY PROGRAM 5,646.75 553 ‐ SEWER 04/06/23 075 CSJVRMA LIABILITY PROGRAM 5,646.75 554 ‐ REFUSE 04/06/23 075 CSJVRMA LIABILITY PROGRAM 5,646.75 23257 $11,050.00
261 ‐ GAS TAX FUND 04/06/23 1702 CENTRAL VALLEY SWEE FEB 2023 AIR SWEEPI 4,800.00 305 ‐ EMERGENCY OPERATIONS 04/06/23 1702 CENTRAL VALLEY SWEE FLOODING STREET SWE 6,250.00 23258 $341.87
400 ‐ WELLNESS CENTER 04/06/23 6500 CHARTER COMMUNICATI MARCH W.C. INTERNET 341.87 23259 $1.45
552 ‐ WATER 04/06/23 7023 CHAVEZ JOSIE REFUND CLOSED UB AC 1.45 23261 $1,097.84
101 ‐ GENERAL FUND 04/06/23 5832 CINTAS CORPORATION 2/22/23 UNIFORMS 47.65 101 ‐ GENERAL FUND 04/06/23 5832 CINTAS CORPORATION 2/22/23 UNIFORMS 47.65 101 ‐ GENERAL FUND 04/06/23 5832 CINTAS CORPORATION 2/22/23 UNIFORMS 47.65 101 ‐ GENERAL FUND 04/06/23 5832 CINTAS CORPORATION 3/8/23 UNIFORMS 36.99 101 ‐ GENERAL FUND 04/06/23 5832 CINTAS CORPORATION 3/8/23 UNIFORMS 36.99 101 ‐ GENERAL FUND 04/06/23 5832 CINTAS CORPORATION 3/8/23 UNIFORMS 36.99 101 ‐ GENERAL FUND 04/06/23 5832 CINTAS CORPORATION 3/15/23 UNIFORMS 33.17 101 ‐ GENERAL FUND 04/06/23 5832 CINTAS CORPORATION 3/15/23 UNIFORMS 33.17 101 ‐ GENERAL FUND 04/06/23 5832 CINTAS CORPORATION 3/15/23 UNIFORMS 33.17 101 ‐ GENERAL FUND 04/06/23 5832 CINTAS CORPORATION 3/22/23 UNIFORMS 29.85 101 ‐ GENERAL FUND 04/06/23 5832 CINTAS CORPORATION 3/22/23 UNIFORMS 29.85 101 ‐ GENERAL FUND 04/06/23 5832 CINTAS CORPORATION 3/22/23 UNIFORMS 29.85 305 ‐ EMERGENCY OPERATIONS 04/06/23 5832 CINTAS CORPORATION SIG ZFOLD & DUALTP 64.17 552 ‐ WATER 04/06/23 5832 CINTAS CORPORATION 2/22/23 UNIFORMS 47.65 552 ‐ WATER 04/06/23 5832 CINTAS CORPORATION 3/22/23 UNIFORMS 29.85 552 ‐ WATER 04/06/23 5832 CINTAS CORPORATION 3/15/23 UNIFORMS 33.17 552 ‐ WATER 04/06/23 5832 CINTAS CORPORATION 3/8/23 UNIFORMS 36.99 April 25, 2023 Regular Meeting of the Lindsay City Council
553 ‐ SEWER 04/06/23 5832 CINTAS CORPORATION 3/8/23 UNIFORMS 36.99 553 ‐ SEWER 04/06/23 5832 CINTAS CORPORATION 3/15/23 UNIFORMS 33.18 553 ‐ SEWER 04/06/23 5832 CINTAS CORPORATION 3/22/23 UNIFORMS 29.85 553 ‐ SEWER 04/06/23 5832 CINTAS CORPORATION 2/22/23 UNIFORMS 47.65 554 ‐ REFUSE 04/06/23 5832 CINTAS CORPORATION 2/22/23 UNIFORMS 47.66 554 ‐ REFUSE 04/06/23 5832 CINTAS CORPORATION 3/8/23 UNIFORMS 37.00 554 ‐ REFUSE 04/06/23 5832 CINTAS CORPORATION 3/22/23 UNIFORMS 29.84 554 ‐ REFUSE 04/06/23 5832 CINTAS CORPORATION 3/15/23 UNIFORMS 33.18 556 ‐ VITA‐PAKT 04/06/23 5832 CINTAS CORPORATION 3/15/23 UNIFORMS 33.18 556 ‐ VITA‐PAKT 04/06/23 5832 CINTAS CORPORATION 3/8/23 UNIFORMS 37.00 556 ‐ VITA‐PAKT 04/06/23 5832 CINTAS CORPORATION 3/22/23 UNIFORMS 29.84 556 ‐ VITA‐PAKT 04/06/23 5832 CINTAS CORPORATION 2/22/23 UNIFORMS 47.66 23262 $871.50
600 ‐ CAPITAL IMPROVEMENT 04/06/23 2548 CIVICWELL 4‐428 HERMOSA CORRI 871.50 23263 $4,250.00
400 ‐ WELLNESS CENTER 04/06/23 6090 CLEAN CUT LANDSCAPE WC‐FEBRUARY LANDSCA 975.00 883 ‐ SIERRA VIEW ASSESSMENT 04/06/23 6090 CLEAN CUT LANDSCAPE SIERRA VIEW ESTATES 1,298.00 884 ‐ HERITAGE ASSESSMENT DIST 04/06/23 6090 CLEAN CUT LANDSCAPE HERITAGE PARK 315.00 887 ‐ SWEETBRIER TOWNHOUSES 04/06/23 6090 CLEAN CUT LANDSCAPE SWEETBRIER/HERMOSA 546.00 887 ‐ SWEETBRIER TOWNHOUSES 04/06/23 6090 CLEAN CUT LANDSCAPE SAMOA TOWNHOMES 154.00 888 ‐ PARKSIDE 04/06/23 6090 CLEAN CUT LANDSCAPE PARKSIDE ESTATES 225.00 889 ‐ SIERRA VISTA ASSESSMENT 04/06/23 6090 CLEAN CUT LANDSCAPE SIERRA VISTA ESTATE 97.00 890 ‐ MAPLE VALLEY ASSESSMENT 04/06/23 6090 CLEAN CUT LANDSCAPE MAPLE VALLEY 55.00 891 ‐ PELOUS RANCH 04/06/23 6090 CLEAN CUT LANDSCAPE PELOUS RANCH 585.00 23264 $660.00
600 ‐ CAPITAL IMPROVEMENT 04/06/23 091 CONSOLIDATED TESTIN HERMOSA IMPROVEMENT 660.00 23265 $434.45
101 ‐ GENERAL FUND 04/06/23 102 CULLIGAN 154799‐LATE FEE 2.88 101 ‐ GENERAL FUND 04/06/23 102 CULLIGAN 154807‐LATE FEE 3.30 101 ‐ GENERAL FUND 04/06/23 102 CULLIGAN 154815‐LATE FEE 1.02 101 ‐ GENERAL FUND 04/06/23 102 CULLIGAN 156108‐LATE FEE 0.50 101 ‐ GENERAL FUND 04/06/23 102 CULLIGAN 3301‐LATE FEE 0.50 552 ‐ WATER 04/06/23 102 CULLIGAN 23965 RD 188‐#15482 38.75 552 ‐ WATER 04/06/23 102 CULLIGAN 150 N MIRAGE‐#15601 23.00 552 ‐ WATER 04/06/23 102 CULLIGAN 18829 AVE 240‐#1548 38.75 552 ‐ WATER 04/06/23 102 CULLIGAN 18899 AVE 240‐#1547 139.50 552 ‐ WATER 04/06/23 102 CULLIGAN 18869 AVE 240‐#1548 155.00 553 ‐ SEWER 04/06/23 102 CULLIGAN 23611 RD 196‐#3301 31.25 23266 $2,792.13
553 ‐ SEWER 04/06/23 5741 CUMMINS SALES & SER WWTP GENERATOR MAIN 2,792.13 23267 $210.00
101 ‐ GENERAL FUND 04/06/23 316 DEPT OF JUSTICE FEB. BLOOD ANALYSIS 210.00 23268 $1,500.14
781 ‐ CAL HOME RLF 04/06/23 2540 DEPT.OF HOUSING & C CALHOME 3/15 TO HCD 1,500.14 23269 $688.82
700 ‐ CDBG REVOLVING LN FUND 04/06/23 2540 DEPT.OF HOUSING & C 3/15/23 CDBG TO HCD 688.82 23270 $128,962.25
720 ‐ HOME REVOLVING LN FUND 04/06/23 2540 DEPT.OF HOUSING & C 3/15/23 HOME TO HCD 128,962.25 23271 $3,225.34
553 ‐ SEWER 04/06/23 5978 DOMINO SOLAR LTD JB‐9325693‐00 FEB. 3,225.34 23272 $557.81
101 ‐ GENERAL FUND 04/06/23 119 DOUG DELEO WELDING RIDGID TOOL KIT 192.38 101 ‐ GENERAL FUND 04/06/23 119 DOUG DELEO WELDING FLAT BAR 31.32 101 ‐ GENERAL FUND 04/06/23 119 DOUG DELEO WELDING HITCH RETAINER PIN 51.90 552 ‐ WATER 04/06/23 119 DOUG DELEO WELDING HYDRAULIC HOSES 256.99 553 ‐ SEWER 04/06/23 119 DOUG DELEO WELDING WW‐CONN. LINK 6.53 553 ‐ SEWER 04/06/23 119 DOUG DELEO WELDING WWTP‐ROLLER&CONN LI 18.69 23273 $281.14
101 ‐ GENERAL FUND 04/06/23 633 ENTENMANN‐ROVIN CO TWO TONE DOME PINS 281.14 April 25, 2023 Regular Meeting of the Lindsay City Council
23274 $462.48
101 ‐ GENERAL FUND 04/06/23 3409 FASTENAL COWHIDE GLOVES 59.65 101 ‐ GENERAL FUND 04/06/23 3409 FASTENAL COWHIDE GLOVES 59.65 101 ‐ GENERAL FUND 04/06/23 3409 FASTENAL COWHIDE GLOVES 59.66 101 ‐ GENERAL FUND 04/06/23 3409 FASTENAL ORANGE & LIME VESTS 11.22 101 ‐ GENERAL FUND 04/06/23 3409 FASTENAL ORANGE & LIME VESTS 11.22 101 ‐ GENERAL FUND 04/06/23 3409 FASTENAL ORANGE & LIME VESTS 11.22 552 ‐ WATER 04/06/23 3409 FASTENAL ORANGE & LIME VESTS 11.22 552 ‐ WATER 04/06/23 3409 FASTENAL COWHIDE GLOVES 59.66 553 ‐ SEWER 04/06/23 3409 FASTENAL COWHIDE GLOVES 59.66 554 ‐ REFUSE 04/06/23 3409 FASTENAL COWHIDE GLOVES 59.66 556 ‐ VITA‐PAKT 04/06/23 3409 FASTENAL COWHIDE GLOVES 59.66 23275 $186.00
101 ‐ GENERAL FUND 04/06/23 803 FRESNO CITY COLLEGE TRAFFIC COLLISION C 186.00 23276 $186.00
101 ‐ GENERAL FUND 04/06/23 803 FRESNO CITY COLLEGE TRAFFIC COLLISION C 186.00 23277 $57.76
101 ‐ GENERAL FUND 04/06/23 1450 FRESNO OXYGEN & WEL FINANCE CHARGE 1.78 101 ‐ GENERAL FUND 04/06/23 1450 FRESNO OXYGEN & WEL D,E,SML,MED CYLINDE 55.98 23278 $283.00
552 ‐ WATER 04/06/23 137 FRIANT WATER AUTHOR 25YR ROLL AVE CORRE 283.00 552 ‐ WATER 04/06/23 137 FRIANT WATER AUTHOR FKC OM&R COSTS (2,097.00) 552 ‐ WATER 04/06/23 137 FRIANT WATER AUTHOR SLDMWA EXCHANGE COS (1,171.70) 552 ‐ WATER 04/06/23 137 FRIANT WATER AUTHOR FKC OM&R COSTS 2,097.00 552 ‐ WATER 04/06/23 137 FRIANT WATER AUTHOR SLDMWA EXCHANGE COS 1,171.70 23279 $1,654.00
101 ‐ GENERAL FUND 04/06/23 6010 FRONTIER COMMUNICAT 562‐2512 182.13 101 ‐ GENERAL FUND 04/06/23 6010 FRONTIER COMMUNICAT 209‐042‐9309 1.99 101 ‐ GENERAL FUND 04/06/23 6010 FRONTIER COMMUNICAT 209‐151‐2650 23.30 101 ‐ GENERAL FUND 04/06/23 6010 FRONTIER COMMUNICAT 209‐151‐2650 23.31 101 ‐ GENERAL FUND 04/06/23 6010 FRONTIER COMMUNICAT 209‐151‐2652 46.61 101 ‐ GENERAL FUND 04/06/23 6010 FRONTIER COMMUNICAT 209‐151‐2656 46.61 101 ‐ GENERAL FUND 04/06/23 6010 FRONTIER COMMUNICAT 209‐151‐2662 61.62 101 ‐ GENERAL FUND 04/06/23 6010 FRONTIER COMMUNICAT 209‐188‐3200 5.33 101 ‐ GENERAL FUND 04/06/23 6010 FRONTIER COMMUNICAT 209‐188‐3200 5.34 552 ‐ WATER 04/06/23 6010 FRONTIER COMMUNICAT 209‐151‐2650 23.31 552 ‐ WATER 04/06/23 6010 FRONTIER COMMUNICAT 209‐188‐3200 5.34 552 ‐ WATER 04/06/23 6010 FRONTIER COMMUNICAT 209‐150‐2936 84.82 552 ‐ WATER 04/06/23 6010 FRONTIER COMMUNICAT 562‐7131 158.64 552 ‐ WATER 04/06/23 6010 FRONTIER COMMUNICAT 562‐1552 128.48 553 ‐ SEWER 04/06/23 6010 FRONTIER COMMUNICAT 562‐7132 373.41 553 ‐ SEWER 04/06/23 6010 FRONTIER COMMUNICAT 559‐562‐6317 123.66 553 ‐ SEWER 04/06/23 6010 FRONTIER COMMUNICAT 559‐562‐6317 117.24 553 ‐ SEWER 04/06/23 6010 FRONTIER COMMUNICAT 209‐150‐3621 120.99 553 ‐ SEWER 04/06/23 6010 FRONTIER COMMUNICAT 209‐188‐3200 5.34 553 ‐ SEWER 04/06/23 6010 FRONTIER COMMUNICAT 209‐151‐2650 23.31 553 ‐ SEWER 04/06/23 6010 FRONTIER COMMUNICAT 209‐151‐2654 46.61 553 ‐ SEWER 04/06/23 6010 FRONTIER COMMUNICAT 209‐151‐2655 46.61 23280 $1,003.42
101 ‐ GENERAL FUND 04/06/23 1925 FRUIT GROWERS SUPPL SAW STIHL,ENGINE OI 572.43 552 ‐ WATER 04/06/23 1925 FRUIT GROWERS SUPPL GAS STIHL SAW 430.99 23281 $107.17
101 ‐ GENERAL FUND 04/06/23 1970 GIOTTO'S SMOKE DETECTOR‐JAG 107.17 23282 $4,323.63
101 ‐ GENERAL FUND 04/06/23 148 GOMEZ AUTO & SMOG 1456094LUBE,OIL FIL 32.00 101 ‐ GENERAL FUND 04/06/23 148 GOMEZ AUTO & SMOG 1366704 REPLACE HEA 74.18 101 ‐ GENERAL FUND 04/06/23 148 GOMEZ AUTO & SMOG LIC1640485 OIL CHAN 76.99 101 ‐ GENERAL FUND 04/06/23 148 GOMEZ AUTO & SMOG LIC1363348 OIL CHAN 76.99 101 ‐ GENERAL FUND 04/06/23 148 GOMEZ AUTO & SMOG LIC1366732 OIL CHAN 71.99 101 ‐ GENERAL FUND 04/06/23 148 GOMEZ AUTO & SMOG 1389807 REWIRE ELEC 316.88 101 ‐ GENERAL FUND 04/06/23 148 GOMEZ AUTO & SMOG LIC#029950 GAS TANK 902.08 April 25, 2023 Regular Meeting of the Lindsay City Council
101 ‐ GENERAL FUND 04/06/23 148 GOMEZ AUTO & SMOG #1366704 SAFETY LIG 341.90 101 ‐ GENERAL FUND 04/06/23 148 GOMEZ AUTO & SMOG LIC160951 OIL CHANG 76.99 101 ‐ GENERAL FUND 04/06/23 148 GOMEZ AUTO & SMOG LIC#1405963 KEY FOB 478.86 101 ‐ GENERAL FUND 04/06/23 148 GOMEZ AUTO & SMOG LIC#1405965 KEY FOB 478.86 101 ‐ GENERAL FUND 04/06/23 148 GOMEZ AUTO & SMOG #1051245 CANISTER V 770.61 261 ‐ GAS TAX FUND 04/06/23 148 GOMEZ AUTO & SMOG LIC1226995 ELECTRIC 521.30 552 ‐ WATER 04/06/23 148 GOMEZ AUTO & SMOG LIC1400809 AIR FILT 72.00 553 ‐ SEWER 04/06/23 148 GOMEZ AUTO & SMOG #1400808 LUBE CHASS 32.00 23283 $1,726.27
101 ‐ GENERAL FUND 04/06/23 151 GRAINGER INC AIR VALVE ASSY,PLAS 707.13 101 ‐ GENERAL FUND 04/06/23 151 GRAINGER INC LEVER LOCKSET, MECH 281.82 101 ‐ GENERAL FUND 04/06/23 151 GRAINGER INC EXTINGUISHER&BRACKE 119.41 101 ‐ GENERAL FUND 04/06/23 151 GRAINGER INC EXTINGUISHER&BRACKE 119.41 101 ‐ GENERAL FUND 04/06/23 151 GRAINGER INC EXTINGUISHER&BRACKE 119.41 552 ‐ WATER 04/06/23 151 GRAINGER INC BATTERY 5.0 AH,LI‐I 140.29 552 ‐ WATER 04/06/23 151 GRAINGER INC EXTINGUISHER&BRACKE 119.40 553 ‐ SEWER 04/06/23 151 GRAINGER INC EXTINGUISHER&BRACKE 119.40 23284 $300.00
101 ‐ GENERAL FUND 04/06/23 6604 HIPOLITO CERROS APRIL COUNCIL STIPE 300.00 23285 $850.00
101 ‐ GENERAL FUND 04/06/23 6346 JEFF PFEIFFER MARCH SQUIRREL TREA 425.00 101 ‐ GENERAL FUND 04/06/23 6346 JEFF PFEIFFER APRIL SQUIRREL TREA 425.00 23286 $85.00
101 ‐ GENERAL FUND 04/06/23 6968 JEREMIAH GARCIA TRAFFIC COLLISION C 85.00 23287 $300.00
400 ‐ WELLNESS CENTER 04/06/23 3886 KAREN THOMPSON LIFEGUARDING CLASS 300.00 23288 $70,103.43
101 ‐ GENERAL FUND 04/06/23 6100 KEENAN & ASSOCIATES APRIL PPO 250 ACTIV 62,053.36 101 ‐ GENERAL FUND 04/06/23 6100 KEENAN & ASSOCIATES APRIL PPO 250 RETIR 2,892.93 101 ‐ GENERAL FUND 04/06/23 6100 KEENAN & ASSOCIATES APRIL PPO 500 ACTIV 5,157.14 23289 $1,448.33
552 ‐ WATER 04/06/23 5542 KRC SAFETY CO., INC BARRACADES & CONES 1,448.33 23290 $21,616.87
600 ‐ CAPITAL IMPROVEMENT 04/06/23 6799 KTU&A PLANNING & LA WEST HERMOSA CORRID 7,385.00 600 ‐ CAPITAL IMPROVEMENT 04/06/23 6799 KTU&A PLANNING & LA WEST HERMOSA CORRID 14,231.87 23291 $241.20
101 ‐ GENERAL FUND 04/06/23 4956 LAWRENCE TRACTOR CO WHEEL & MOWER BLADE 241.20 23292 $862.60
101 ‐ GENERAL FUND 04/06/23 4067 LINCOLN NAT'L INSUR APRIL 2023 LIFE PLA 862.60 23293 $835.96
101 ‐ GENERAL FUND 04/06/23 4067 LINCOLN NAT'L INSUR MARCH 2023 LIFE PLA 835.96 23294 $1,007.02
400 ‐ WELLNESS CENTER 04/06/23 7027 LINDSAY CONGREGATIO W.C. FACILITY RENTA 1,007.02 23295 $2,438.31
101 ‐ GENERAL FUND 04/06/23 1422 LINDSAY TRUE VALUE LAFE FEE 72.26 101 ‐ GENERAL FUND 04/06/23 1422 LINDSAY TRUE VALUE FEB. CITY SERVICES 14.66 101 ‐ GENERAL FUND 04/06/23 1422 LINDSAY TRUE VALUE FEB. STREETS 28.26 101 ‐ GENERAL FUND 04/06/23 1422 LINDSAY TRUE VALUE FEB. PARKS 863.06 101 ‐ GENERAL FUND 04/06/23 1422 LINDSAY TRUE VALUE FEB. GRAFFITI 325.46 101 ‐ GENERAL FUND 04/06/23 1422 LINDSAY TRUE VALUE FEB. BUILDING 252.47 101 ‐ GENERAL FUND 04/06/23 1422 LINDSAY TRUE VALUE FEB. OTHER SERVICES 8.69 101 ‐ GENERAL FUND 04/06/23 1422 LINDSAY TRUE VALUE FEB. LANDSCAPING 93.48 101 ‐ GENERAL FUND 04/06/23 1422 LINDSAY TRUE VALUE FEB. PUBLIC SAFETY 106.86 101 ‐ GENERAL FUND 04/06/23 1422 LINDSAY TRUE VALUE FEB. PUBLIC SAFETY 81.44 101 ‐ GENERAL FUND 04/06/23 1422 LINDSAY TRUE VALUE FEB. PUBLIC SAFETY 26.94 101 ‐ GENERAL FUND 04/06/23 1422 LINDSAY TRUE VALUE FEB. PUBLIC SAFETY 185.29 552 ‐ WATER 04/06/23 1422 LINDSAY TRUE VALUE FEB. WATER 289.45 553 ‐ SEWER 04/06/23 1422 LINDSAY TRUE VALUE FEB. WWTP 89.99 23296 $30.00
101 ‐ GENERAL FUND 04/06/23 5424 LINDSAY VETERINARY 1/31/23 EXAM#253288 30.00 April 25, 2023 Regular Meeting of the Lindsay City Council
23297 $25.00
400 ‐ WELLNESS CENTER 04/06/23 6599 MARIA EDWARDS MARCH ZUMBA CLASS 25.00 23298 $17.00
400 ‐ WELLNESS CENTER 04/06/23 7022 MARIA ESTRELLA REFUND MEMBERSHIP 17.00 23299 $36,064.04
101 ‐ GENERAL FUND 04/06/23 6550 MARIO SAGREDO ELECT SOCCER HUT LIGHT&SW 1,132.95 101 ‐ GENERAL FUND 04/06/23 6550 MARIO SAGREDO ELECT LIGHTS @ SOCCER FIE 277.05 101 ‐ GENERAL FUND 04/06/23 6550 MARIO SAGREDO ELECT DOWNTOWN OUTLETS/F. 1,431.63 101 ‐ GENERAL FUND 04/06/23 6550 MARIO SAGREDO ELECT OAK ST WALL REPAIR 2,542.72 261 ‐ GAS TAX FUND 04/06/23 6550 MARIO SAGREDO ELECT SWEETBRIER/POLE LIG 979.55 305 ‐ EMERGENCY OPERATIONS 04/06/23 6550 MARIO SAGREDO ELECT WC/PRO PT WATER DAM 476.99 400 ‐ WELLNESS CENTER 04/06/23 6550 MARIO SAGREDO ELECT W.C. RETRO LIGHTS 8,970.00 400 ‐ WELLNESS CENTER 04/06/23 6550 MARIO SAGREDO ELECT W.C. RETRO LIGHTS 9,721.84 400 ‐ WELLNESS CENTER 04/06/23 6550 MARIO SAGREDO ELECT W.C. RETRO LIGHTS 9,504.23 552 ‐ WATER 04/06/23 6550 MARIO SAGREDO ELECT WELL15‐RAISED HZ 190.00 553 ‐ SEWER 04/06/23 6550 MARIO SAGREDO ELECT HICKORY LIFT STATIO 225.00 553 ‐ SEWER 04/06/23 6550 MARIO SAGREDO ELECT WW EAST INFLUENT PU 395.24 887 ‐ SWEETBRIER TOWNHOUSES 04/06/23 6550 MARIO SAGREDO ELECT SWEETBRIER APT GATE 216.84 23300 $1,000.00
400 ‐ WELLNESS CENTER 04/06/23 6111 MARSHALL CHAIREZ W.C. FACILITY RENTA 1,000.00 23301 $85.00
101 ‐ GENERAL FUND 04/06/23 7025 MICHAEL CARRASCO TRAFFIC COLLISION C 85.00 23302 $494.17
101 ‐ GENERAL FUND 04/06/23 5625 NGLIC‐SUPERIOR VISI APRIL 2023 VISION P 494.17 23303 $100.00
400 ‐ WELLNESS CENTER 04/06/23 4323 OASIS W.C. MONITOR SYSTEM 100.00 23304 $4,572.36
101 ‐ GENERAL FUND 04/06/23 6673 PACE SUPPLY CORP BOX SLOAN TRANSFORM 2,879.38 552 ‐ WATER 04/06/23 6673 PACE SUPPLY CORP VALVES & ANGLE KEYS 1,100.34 552 ‐ WATER 04/06/23 6673 PACE SUPPLY CORP ELBOW COUPLING PACK 592.64 23305 $2,230.30
552 ‐ WATER 04/06/23 6498 PACWEST DIRECT 3/9/23 UB LASER PRI 995.43 552 ‐ WATER 04/06/23 6498 PACWEST DIRECT 3/9/23 DELIQUENT UB 119.72 553 ‐ SEWER 04/06/23 6498 PACWEST DIRECT 3/9/23 DELIQUENT UB 119.72 553 ‐ SEWER 04/06/23 6498 PACWEST DIRECT 3/9/23 UB LASER PRI 995.43 23306 $2,195.75
101 ‐ GENERAL FUND 04/06/23 272 PITNEY BOWES INC. POSTAGE METER RENTA 195.75 101 ‐ GENERAL FUND 04/06/23 272 PITNEY BOWES INC. POSTAGE METER REFIL 2,000.00 23307 $652.33
101 ‐ GENERAL FUND 04/06/23 276 PORTERVILLE RECORDE ORDINANCE 607 123.98 600 ‐ CAPITAL IMPROVEMENT 04/06/23 276 PORTERVILLE RECORDE OLIVE BOWL/KAKU PAR 528.35 23308 $65,392.70
552 ‐ WATER 04/06/23 4618 PROVOST & PRITCHARD WATER FEASIBILITY 66.50 552 ‐ WATER 04/06/23 4618 PROVOST & PRITCHARD JAN. WATER RATES 3,224.23 552 ‐ WATER 04/06/23 4618 PROVOST & PRITCHARD WELL11 TREATMENT EV 1,290.50 553 ‐ SEWER 04/06/23 4618 PROVOST & PRITCHARD JAN. SEWER RATES 3,224.22 600 ‐ CAPITAL IMPROVEMENT 04/06/23 4618 PROVOST & PRITCHARD HERMOSA ST REHAB 392.80 600 ‐ CAPITAL IMPROVEMENT 04/06/23 4618 PROVOST & PRITCHARD TULARE&FOOTHILL INT 15,104.40 600 ‐ CAPITAL IMPROVEMENT 04/06/23 4618 PROVOST & PRITCHARD VARIOUS ROAD IMP 20 19,594.27 600 ‐ CAPITAL IMPROVEMENT 04/06/23 4618 PROVOST & PRITCHARD HERMOSA ST REHAB 85.50 600 ‐ CAPITAL IMPROVEMENT 04/06/23 4618 PROVOST & PRITCHARD TULARE&FOOTHILL INT 1,633.30 600 ‐ CAPITAL IMPROVEMENT 04/06/23 4618 PROVOST & PRITCHARD VARIOUS RD IMPROVEM 20,776.98 23309 $20,723.35
101 ‐ GENERAL FUND 04/06/23 399 QUAD KNOPF,INC. PHASE9‐VITA‐PAKT 162.00 101 ‐ GENERAL FUND 04/06/23 399 QUAD KNOPF,INC. PHASE11‐O'HARA PARC 2,389.90 101 ‐ GENERAL FUND 04/06/23 399 QUAD KNOPF,INC. PHASE1‐GEN PLANNING 99.40 101 ‐ GENERAL FUND 04/06/23 399 QUAD KNOPF,INC. PHASE55‐GP&ZC MISSI 28.40 101 ‐ GENERAL FUND 04/06/23 399 QUAD KNOPF,INC. PHASE56‐VITAPAKT AN 356.28 101 ‐ GENERAL FUND 04/06/23 399 QUAD KNOPF,INC. PHASE5‐2019 GEN ENG 272.80 101 ‐ GENERAL FUND 04/06/23 399 QUAD KNOPF,INC. PHASE2‐PARK ESTATES 1,071.00 101 ‐ GENERAL FUND 04/06/23 399 QUAD KNOPF,INC. PHASE10‐PALM TERRAC 808.50 April 25, 2023 Regular Meeting of the Lindsay City Council
101 ‐ GENERAL FUND 04/06/23 399 QUAD KNOPF,INC. PHASE11‐1001 FRESNO 204.50 101 ‐ GENERAL FUND 04/06/23 399 QUAD KNOPF,INC. GEN ENGINEERING SER 3,111.00 101 ‐ GENERAL FUND 04/06/23 399 QUAD KNOPF,INC. 1070 N PARKSIDE‐DRA 830.00 101 ‐ GENERAL FUND 04/06/23 399 QUAD KNOPF,INC. PHASE7‐LINDMORE&HAR 298.00 101 ‐ GENERAL FUND 04/06/23 399 QUAD KNOPF,INC. PHASE11‐GEN ENGINEE 2,065.00 101 ‐ GENERAL FUND 04/06/23 399 QUAD KNOPF,INC. PHASE1‐GEN ENGINEER 2,276.00 101 ‐ GENERAL FUND 04/06/23 399 QUAD KNOPF,INC. PHASE3‐WESTWOOD/API 2,357.00 101 ‐ GENERAL FUND 04/06/23 399 QUAD KNOPF,INC. PHASE4‐LLA 891 FRES 281.00 101 ‐ GENERAL FUND 04/06/23 399 QUAD KNOPF,INC. PHASE101‐MEETING&OT 15.07 263 ‐ TRANSPORTATION 04/06/23 399 QUAD KNOPF,INC. PHASE8‐TRANSIT CENT 1,672.00 600 ‐ CAPITAL IMPROVEMENT 04/06/23 399 QUAD KNOPF,INC. PHASE8‐LINDA VISTA 2,425.50 23310 $1,812.54
101 ‐ GENERAL FUND 04/06/23 285 QUILL CORPORATION SHARPIE,MARKERS,PAP 521.36 101 ‐ GENERAL FUND 04/06/23 285 QUILL CORPORATION CALCULATOR,PENCILS 67.03 101 ‐ GENERAL FUND 04/06/23 285 QUILL CORPORATION PAPER,COFFEE, TISSU 131.61 101 ‐ GENERAL FUND 04/06/23 285 QUILL CORPORATION COFFEE CUPS & LIDS 24.46 101 ‐ GENERAL FUND 04/06/23 285 QUILL CORPORATION STAMPS FOR PLANNING 65.23 101 ‐ GENERAL FUND 04/06/23 285 QUILL CORPORATION CABLE TIES 35.91 101 ‐ GENERAL FUND 04/06/23 285 QUILL CORPORATION ENVELOPES, TAPE, PE 267.27 101 ‐ GENERAL FUND 04/06/23 285 QUILL CORPORATION RECLOSABE BAGS W/HO 28.57 101 ‐ GENERAL FUND 04/06/23 285 QUILL CORPORATION TRASH BAGS 387.15 400 ‐ WELLNESS CENTER 04/06/23 285 QUILL CORPORATION BLACK INK & TISSUE 111.09 400 ‐ WELLNESS CENTER 04/06/23 285 QUILL CORPORATION SMART FAB ROLL 48X4 36.45 552 ‐ WATER 04/06/23 285 QUILL CORPORATION BATTERIES,PAPER,FOL 108.17 552 ‐ WATER 04/06/23 285 QUILL CORPORATION NOTEBOOKS 28.24 23311 $250.00
101 ‐ GENERAL FUND 04/06/23 6602 RAMIRO SERNA APRIL COUNCIL STIPE 250.00 23312 $250.00
101 ‐ GENERAL FUND 04/06/23 6603 RAMONA CAUDILLO APRIL COUNCIL STIPE 250.00 23313 $1,200.00
400 ‐ WELLNESS CENTER 04/06/23 6998 RONALD ERIK HANSEN MONTHLY MAINTENANCE 600.00 400 ‐ WELLNESS CENTER 04/06/23 6998 RONALD ERIK HANSEN W.C.MARCH MAINTENAN 600.00 23314 $250.00
101 ‐ GENERAL FUND 04/06/23 5511 ROSAENA SANCHEZ APRIL COUNCIL STIPE 250.00 23315 $702.00
101 ‐ GENERAL FUND 04/06/23 6266 SEQUOIA DOOR INC ROLL UP DOORS MECHA 702.00 23316 $331.82
553 ‐ SEWER 04/06/23 307 SILVAS OIL COMPANY MOBILGEAR 600 XP 15 331.82 23318 $81,363.81
101 ‐ GENERAL FUND 04/06/23 310 SOUTHERN CA. EDISON 600001505934 1,644.57 101 ‐ GENERAL FUND 04/06/23 310 SOUTHERN CA. EDISON 600001505934 60.80 101 ‐ GENERAL FUND 04/06/23 310 SOUTHERN CA. EDISON 600001505934 876.91 101 ‐ GENERAL FUND 04/06/23 310 SOUTHERN CA. EDISON 600001505934 1,066.34 101 ‐ GENERAL FUND 04/06/23 310 SOUTHERN CA. EDISON 600001505934‐LATE F 197.24 101 ‐ GENERAL FUND 04/06/23 310 SOUTHERN CA. EDISON 600001505934 1,506.07 101 ‐ GENERAL FUND 04/06/23 310 SOUTHERN CA. EDISON 600001505934 54.31 101 ‐ GENERAL FUND 04/06/23 310 SOUTHERN CA. EDISON 600001505934 975.39 101 ‐ GENERAL FUND 04/06/23 310 SOUTHERN CA. EDISON 600001505934 579.87 101 ‐ GENERAL FUND 04/06/23 310 SOUTHERN CA. EDISON 600001505934‐LATE F 140.94 101 ‐ GENERAL FUND 04/06/23 310 SOUTHERN CA. EDISON 700141289638‐LATE F 74.37 101 ‐ GENERAL FUND 04/06/23 310 SOUTHERN CA. EDISON 700345129983‐LATE F 0.48 101 ‐ GENERAL FUND 04/06/23 310 SOUTHERN CA. EDISON 700439853113‐LATE F 0.25 101 ‐ GENERAL FUND 04/06/23 310 SOUTHERN CA. EDISON 700477296224‐LATE F 0.38 101 ‐ GENERAL FUND 04/06/23 310 SOUTHERN CA. EDISON 700477332697‐LATE F 0.50 101 ‐ GENERAL FUND 04/06/23 310 SOUTHERN CA. EDISON 700482892316‐LATE F 0.93 261 ‐ GAS TAX FUND 04/06/23 310 SOUTHERN CA. EDISON 150 E HONOLULU LS3B 84.46 261 ‐ GAS TAX FUND 04/06/23 310 SOUTHERN CA. EDISON 151 W HONOLULU LS3C 68.79 261 ‐ GAS TAX FUND 04/06/23 310 SOUTHERN CA. EDISON 135 W HONOLULU LS3A 83.11 261 ‐ GAS TAX FUND 04/06/23 310 SOUTHERN CA. EDISON 151 W SAMOA ST LS3D 59.34 261 ‐ GAS TAX FUND 04/06/23 310 SOUTHERN CA. EDISON 108 HERMOSA ST PED 12.66 261 ‐ GAS TAX FUND 04/06/23 310 SOUTHERN CA. EDISON 108 W. HERMOSA ST L 17.35 April 25, 2023 Regular Meeting of the Lindsay City Council
261 ‐ GAS TAX FUND 04/06/23 310 SOUTHERN CA. EDISON 269 N SWEETBRIER AV 71.77 261 ‐ GAS TAX FUND 04/06/23 310 SOUTHERN CA. EDISON 600001505934 6,768.81 261 ‐ GAS TAX FUND 04/06/23 310 SOUTHERN CA. EDISON 600001505934 6,470.33 400 ‐ WELLNESS CENTER 04/06/23 310 SOUTHERN CA. EDISON 740 SEQUOIA AVE 6,784.18 552 ‐ WATER 04/06/23 310 SOUTHERN CA. EDISON 600001505934 19,920.03 552 ‐ WATER 04/06/23 310 SOUTHERN CA. EDISON 600001505934 20,272.19 553 ‐ SEWER 04/06/23 310 SOUTHERN CA. EDISON 600001505934 646.77 553 ‐ SEWER 04/06/23 310 SOUTHERN CA. EDISON 600001505934 581.81 553 ‐ SEWER 04/06/23 310 SOUTHERN CA. EDISON 23611 ROAD 196 9,204.24 556 ‐ VITA‐PAKT 04/06/23 310 SOUTHERN CA. EDISON 600001505934 602.87 556 ‐ VITA‐PAKT 04/06/23 310 SOUTHERN CA. EDISON 600001505934 852.59 883 ‐ SIERRA VIEW ASSESSMENT 04/06/23 310 SOUTHERN CA. EDISON 600001505934 30.97 883 ‐ SIERRA VIEW ASSESSMENT 04/06/23 310 SOUTHERN CA. EDISON 600001505934 28.02 884 ‐ HERITAGE ASSESSMENT DIST 04/06/23 310 SOUTHERN CA. EDISON 600001505934 14.98 886 ‐ SAMOA 04/06/23 310 SOUTHERN CA. EDISON 600001505934 15.55 886 ‐ SAMOA 04/06/23 310 SOUTHERN CA. EDISON 600001505934 14.01 887 ‐ SWEETBRIER TOWNHOUSES 04/06/23 310 SOUTHERN CA. EDISON 600001505934 26.32 887 ‐ SWEETBRIER TOWNHOUSES 04/06/23 310 SOUTHERN CA. EDISON 600001505934 28.74 888 ‐ PARKSIDE 04/06/23 310 SOUTHERN CA. EDISON 600001505934 14.98 888 ‐ PARKSIDE 04/06/23 310 SOUTHERN CA. EDISON 600001505934 13.57 889 ‐ SIERRA VISTA ASSESSMENT 04/06/23 310 SOUTHERN CA. EDISON 600001505934 202.58 889 ‐ SIERRA VISTA ASSESSMENT 04/06/23 310 SOUTHERN CA. EDISON 600001505934 202.58 890 ‐ MAPLE VALLEY ASSESSMENT 04/06/23 310 SOUTHERN CA. EDISON 600001505934 98.23 890 ‐ MAPLE VALLEY ASSESSMENT 04/06/23 310 SOUTHERN CA. EDISON 600001505934 (39.30) 891 ‐ PELOUS RANCH 04/06/23 310 SOUTHERN CA. EDISON 600001505934 488.72 891 ‐ PELOUS RANCH 04/06/23 310 SOUTHERN CA. EDISON 600001505934 488.72 891 ‐ PELOUS RANCH 04/06/23 310 SOUTHERN CA. EDISON 113 W. HICKORY 40.60 891 ‐ PELOUS RANCH 04/06/23 310 SOUTHERN CA. EDISON 1250 PARKSIDE 13.89 23319 $185.31
101 ‐ GENERAL FUND 04/06/23 6551 CHARTER COMMUNICATI 106076601021423 FEB 85.83 101 ‐ GENERAL FUND 04/06/23 6551 CHARTER COMMUNICATI 106076601031423 MAR 99.48 23320 $2,237.92
101 ‐ GENERAL FUND 04/06/23 4288 STATE CONTROLLERS O STREET REPORT FY 21/22 2,237.92 23321 $756.00
779 ‐ 00‐HOME‐0487 04/06/23 3634 STATE FARM A. ANDRADE INSURANCE 756.00 23322 $4,096.67
101 ‐ GENERAL FUND 04/06/23 6146 SUPERION, LLC 03/01/2023‐03/31/2023 1,024.16 552 ‐ WATER 04/06/23 6146 SUPERION, LLC 03/01/2023‐03/31/2023 1,024.17 553 ‐ SEWER 04/06/23 6146 SUPERION, LLC 03/01/2023‐03/31/2023 1,024.17 554 ‐ REFUSE 04/06/23 6146 SUPERION, LLC 03/01/2023‐03/31/2023 1,024.17 23323 $4,265.82
101 ‐ GENERAL FUND 04/06/23 5755 TELEPACIFIC COMMUNI 03/09/23‐04/08/23 533.23 101 ‐ GENERAL FUND 04/06/23 5755 TELEPACIFIC COMMUNI 03/09/23‐04/08/23 533.23 101 ‐ GENERAL FUND 04/06/23 5755 TELEPACIFIC COMMUNI 03/09/23‐04/08/23 533.23 101 ‐ GENERAL FUND 04/06/23 5755 TELEPACIFIC COMMUNI 03/09/23‐04/08/23 533.22 101 ‐ GENERAL FUND 04/06/23 5755 TELEPACIFIC COMMUNI 03/09/23‐04/08/23 533.22 400 ‐ WELLNESS CENTER 04/06/23 5755 TELEPACIFIC COMMUNI 03/09/23‐04/08/23 533.23 552 ‐ WATER 04/06/23 5755 TELEPACIFIC COMMUNI 03/09/23‐04/08/23 533.23 553 ‐ SEWER 04/06/23 5755 TELEPACIFIC COMMUNI 03/09/23‐04/08/23 533.23 23324 $33.68
101 ‐ GENERAL FUND 04/06/23 144 THE GAS COMPANY 488 N MT VERNON 16.84 101 ‐ GENERAL FUND 04/06/23 144 THE GAS COMPANY 139 N SWEETBRIER‐BB 16.84 23325 $354.93
400 ‐ WELLNESS CENTER 04/06/23 3396 TK ELEVATOR CORPORA W.C. ELEVATOR MAINT 354.93 23326 $285.00
400 ‐ WELLNESS CENTER 04/06/23 1664 TU CO ENVIRONMENTAL 3/1 HAZ MAT CHEM CU 285.00 23327 $200.00
101 ‐ GENERAL FUND 04/06/23 3511 TULARE COUNTY SHERI OFFICER JOHN MORENO 100.00 101 ‐ GENERAL FUND 04/06/23 3511 TULARE COUNTY SHERI OFFICER KEVIN RILEY 100.00 April 25, 2023 Regular Meeting of the Lindsay City Council
23328 $200.00
101 ‐ GENERAL FUND 04/06/23 3511 TULARE COUNTY SHERI OFFICER CHRIS DEMPS 100.00 101 ‐ GENERAL FUND 04/06/23 3511 TULARE COUNTY SHERI OFFICER BRUCE FOX 100.00 23329 $419.45
101 ‐ GENERAL FUND 04/06/23 336 TULARE COUNTY TAX C 190 S ELMWOOD‐1ST I 419.45 23330 $15,030.27
101 ‐ GENERAL FUND 04/06/23 5747 USA STAFFING INC. 2/19/23 JOSHUA DUFF 892.80 101 ‐ GENERAL FUND 04/06/23 5747 USA STAFFING INC. 2/19/23 NORBERTO GA 892.80 101 ‐ GENERAL FUND 04/06/23 5747 USA STAFFING INC. 2/19/23 SANDRA MART 907.20 101 ‐ GENERAL FUND 04/06/23 5747 USA STAFFING INC. 2/19/23 SYDNEY MART 658.44 101 ‐ GENERAL FUND 04/06/23 5747 USA STAFFING INC. 2/19/23 BRETT MORRI 892.80 101 ‐ GENERAL FUND 04/06/23 5747 USA STAFFING INC. 2/26/23 JOSHUA DUFF 633.33 101 ‐ GENERAL FUND 04/06/23 5747 USA STAFFING INC. 2/26 NORBERTO GALIN 736.56 101 ‐ GENERAL FUND 04/06/23 5747 USA STAFFING INC. 2/26/23 SANDRA MART 680.40 101 ‐ GENERAL FUND 04/06/23 5747 USA STAFFING INC. 2/26/23 SYDNEY MART 624.96 101 ‐ GENERAL FUND 04/06/23 5747 USA STAFFING INC. 2/26/23 BRETT MORRI 714.24 101 ‐ GENERAL FUND 04/06/23 5747 USA STAFFING INC. 2/26/23 JOSHUA DUFF 122.76 101 ‐ GENERAL FUND 04/06/23 5747 USA STAFFING INC. 3/5/23 JOSHUA DUFFE 892.80 101 ‐ GENERAL FUND 04/06/23 5747 USA STAFFING INC. 3/5/23 NORBERTO GAL 647.28 101 ‐ GENERAL FUND 04/06/23 5747 USA STAFFING INC. 3/5/23 BRETT MORRIS 892.80 101 ‐ GENERAL FUND 04/06/23 5747 USA STAFFING INC. 3/5/23 SANDRA MARTI 725.76 101 ‐ GENERAL FUND 04/06/23 5747 USA STAFFING INC. 3/5/23 SANDRA MARTI 181.44 101 ‐ GENERAL FUND 04/06/23 5747 USA STAFFING INC. 3/5/23 SYDNEY MARTI 658.44 101 ‐ GENERAL FUND 04/06/23 5747 USA STAFFING INC. 3/19/23 JULISSA LUN 881.64 101 ‐ GENERAL FUND 04/06/23 5747 USA STAFFING INC. 3/12/23 JULISSA LUN 803.52 305 ‐ EMERGENCY OPERATIONS 04/06/23 5747 USA STAFFING INC. 3/19/23 LIZETTE ANG 83.70 305 ‐ EMERGENCY OPERATIONS 04/06/23 5747 USA STAFFING INC. 3/12/23 SILVIA HERN 602.64 400 ‐ WELLNESS CENTER 04/06/23 5747 USA STAFFING INC. 3/5/23 LIZETTE ANGE 100.44 400 ‐ WELLNESS CENTER 04/06/23 5747 USA STAFFING INC. 3/5/23 SILVIA HERNA 803.52 23331 $2,820.65
552 ‐ WATER 04/06/23 5413 UNIVAR USA INC SOD HYPO LIQUICHLOR 2,820.65 23332 $209.49
552 ‐ WATER 04/06/23 356 USA BLUEBOOK METER BOX LID LIFTE 601.22 552 ‐ WATER 04/06/23 356 USA BLUEBOOK AQUATAP TAPPPING KI (1,289.58) 553 ‐ SEWER 04/06/23 356 USA BLUEBOOK NALGE SS FILTER 377.95 553 ‐ SEWER 04/06/23 356 USA BLUEBOOK NALGE SS FILTER 80.06 553 ‐ SEWER 04/06/23 356 USA BLUEBOOK SS FILTER FORCEPS 80.06 553 ‐ SEWER 04/06/23 356 USA BLUEBOOK SS SWIVEL DIPPER 359.78 23333 $675.63
101 ‐ GENERAL FUND 04/06/23 6988 UTILITY COST MANAGE CITY BALLPARK 278.35 101 ‐ GENERAL FUND 04/06/23 6988 UTILITY COST MANAGE CITY BALLPARK/BASEB 5.33 101 ‐ GENERAL FUND 04/06/23 6988 UTILITY COST MANAGE SWEETBRIAR/SAMOA IR 4.11 101 ‐ GENERAL FUND 04/06/23 6988 UTILITY COST MANAGE 139 SWEETBRIER 381.47 887 ‐ SWEETBRIER TOWNHOUSES 04/06/23 6988 UTILITY COST MANAGE 275 N. SWEETBRIAR 6.37 23334 $172.53
101 ‐ GENERAL FUND 04/06/23 1041 VERIZON WIRELESS 642065758‐00003 FEB 41.98 101 ‐ GENERAL FUND 04/06/23 1041 VERIZON WIRELESS 642065758‐00003 FEB 21.76 101 ‐ GENERAL FUND 04/06/23 1041 VERIZON WIRELESS 642065758‐00003 FEB 21.76 101 ‐ GENERAL FUND 04/06/23 1041 VERIZON WIRELESS 642065758‐00003 FEB 21.76 552 ‐ WATER 04/06/23 1041 VERIZON WIRELESS 642065758‐00003 FEB 21.76 553 ‐ SEWER 04/06/23 1041 VERIZON WIRELESS 642065758‐00003 FEB 21.76 554 ‐ REFUSE 04/06/23 1041 VERIZON WIRELESS 642065758‐00003 FEB 21.75 23335 $787.92
261 ‐ GAS TAX FUND 04/06/23 368 VOLLMER EXCAVATION, TRUCK LOAD OF DG 470.06 305 ‐ EMERGENCY OPERATIONS 04/06/23 368 VOLLMER EXCAVATION, TRUCK LOAD OF SAND 317.86 23336 $775.15
552 ‐ WATER 04/06/23 4716 WALO'S AUTO REPAIR WELL15 GENERATOR FU 775.15 23337 $444.29
101 ‐ GENERAL FUND 04/06/23 612 WEISENBERGERS ACE H VALVE CLOSET SLOAN 229.41 101 ‐ GENERAL FUND 04/06/23 612 WEISENBERGERS ACE H TIEL CEIL PLATES 214.88 April 25, 2023 Regular Meeting of the Lindsay City Council
23338 $275.00
101 ‐ GENERAL FUND 04/06/23 4068 YOLANDA FLORES APRIL COUNCIL STIPE 275.00 23339 $7,850.00
306 ‐ COVID‐19 ARPA FUND 04/06/23 6975 PLATINUM ENGINEERIN FIRE DAMAGE SITE VI 7,850.00 23340 $517.56
101 ‐ GENERAL FUND 04/13/23 4660 CITY OF LINDSAY DED:052 WELLNESS 31.84 101 ‐ GENERAL FUND 04/13/23 4660 CITY OF LINDSAY DED:L203 CDBG LOAN 485.72 23341 $106.60
101 ‐ GENERAL FUND 04/13/23 3192 SEIU LOCAL 521 DED:DUES UNION DUES 106.60 23342 $7,904.42
101 ‐ GENERAL FUND 04/13/23 6452 GREAT‐WEST TRUST DED:ROTH ROTH 507.60 101 ‐ GENERAL FUND 04/13/23 6452 GREAT‐WEST TRUST DED:0555 DC LOANPAY 1,402.57 101 ‐ GENERAL FUND 04/13/23 6452 GREAT‐WEST TRUST DED:151 DEFERCOMP 3,152.42 101 ‐ GENERAL FUND 04/13/23 6452 GREAT‐WEST TRUST DED:0500 DEF COMP 2,841.83 23343 $41.58
101 ‐ GENERAL FUND 04/13/23 2325 LINDSAY PUBLIC SAFE DED:LPOA LPOA DUES 41.58 23344 $94.59
101 ‐ GENERAL FUND 04/13/23 6246 MCDERMONT VENTURE I DED:051 MCDERMONT 94.59 23345 $370.48
101 ‐ GENERAL FUND 04/13/23 1498 STATE OF CALIF FRAN DED:0511 FTB ‐ DEBT 370.48 23346 $465.70
101 ‐ GENERAL FUND 04/13/23 1955 TEAMSTERS LOCAL 856 DED:0508 TEAMSTERS 465.70 23347 $75.00
101 ‐ GENERAL FUND 04/17/23 7039 ANGIE ESPINOZA ARBOR DEPOSIT REFUND 75.00 23348 $281.68
101 ‐ GENERAL FUND 04/17/23 3428 AT&T MOBILITY P.S.287297286867APR 80.48 101 ‐ GENERAL FUND 04/17/23 3428 AT&T MOBILITY C.S.287297286867APR 40.24 101 ‐ GENERAL FUND 04/17/23 3428 AT&T MOBILITY C.M.287297286867APR 40.24 101 ‐ GENERAL FUND 04/17/23 3428 AT&T MOBILITY F.D.287297286867APR 40.24 101 ‐ GENERAL FUND 04/17/23 3428 AT&T MOBILITY H.R.287297286867APR 40.24 400 ‐ WELLNESS CENTER 04/17/23 3428 AT&T MOBILITY W.C.287297286867APR 40.24 23349 $1.69
552 ‐ WATER 04/17/23 7033 BARRAZA ALISANDRO REFUND CLOSED UB AC 1.69 23350 $87.00
400 ‐ WELLNESS CENTER 04/17/23 5013 BUZZ KILL PEST CONT W.C. PEST SERVICES 87.00 23351 $828.68
101 ‐ GENERAL FUND 04/17/23 3056 CALIFORNIA TURF EQU BATTERY‐RIDING LAWN 72.26 305 ‐ EMERGENCY OPERATIONS 04/17/23 3056 CALIFORNIA TURF EQU WATER, TRASH PUMP (1,948.49) 305 ‐ EMERGENCY OPERATIONS 04/17/23 3056 CALIFORNIA TURF EQU WATER,TRASH PUMP&HO 2,354.57 305 ‐ EMERGENCY OPERATIONS 04/17/23 3056 CALIFORNIA TURF EQU TRIMMERS, SPRING GO 350.34 23352 $54.89
552 ‐ WATER 04/17/23 7031 CANO MERCEDES REFUND CLOSED UB AC 54.89 23353 $100.00
101 ‐ GENERAL FUND 04/17/23 7029 CELSA AZERNITSKY ARBOR DEPOSIT REFUN 100.00 23354 $1,001.43
101 ‐ GENERAL FUND 04/17/23 076 CENTRAL VALLEY BUSI #10 WINDOW ENVELOPE 200.28 101 ‐ GENERAL FUND 04/17/23 076 CENTRAL VALLEY BUSI #10 WINDOW ENVELOPE 200.28 552 ‐ WATER 04/17/23 076 CENTRAL VALLEY BUSI #10 WINDOW ENVELOPE 200.29 553 ‐ SEWER 04/17/23 076 CENTRAL VALLEY BUSI #10 WINDOW ENVELOPE 200.29 554 ‐ REFUSE 04/17/23 076 CENTRAL VALLEY BUSI #10 WINDOW ENVELOPE 200.29 23355 $975.00
400 ‐ WELLNESS CENTER 04/17/23 6090 CLEAN CUT LANDSCAPE W.C. MARCH LANDSCAP 975.00 23356 $3,245.00
101 ‐ GENERAL FUND 04/17/23 091 CONSOLIDATED TESTIN SENIOR CENTER SOIL 3,245.00 23357 $95.25
101 ‐ GENERAL FUND 04/17/23 102 CULLIGAN #53249 F.D. MARCH 43.50 101 ‐ GENERAL FUND 04/17/23 102 CULLIGAN #53249 H.R. MARCH 17.75 101 ‐ GENERAL FUND 04/17/23 102 CULLIGAN #53249 C.M. MARCH 10.50 400 ‐ WELLNESS CENTER 04/17/23 102 CULLIGAN W.C. 860 N SEQUIOA 23.50 23358 $2,227.61
553 ‐ SEWER 04/17/23 5741 CUMMINS SALES & SER TONYVILLE, LOAD BAN 2,227.61 April 25, 2023 Regular Meeting of the Lindsay City Council
23359 $100.00
101 ‐ GENERAL FUND 04/17/23 7040 DARLENE LOPEZ ARBOR DEPOSIT REFUN 100.00 23360 $89,360.00
101 ‐ GENERAL FUND 04/17/23 2540 DEPT.OF HOUSING & C PAYMENT #4 89,360.00 23361 $75.00
400 ‐ WELLNESS CENTER 04/17/23 6973 ELIZABETH GUND MARCH YOGA CLASSES 75.00 23362 $4,661.50
101 ‐ GENERAL FUND 04/17/23 5803 EMD NETWORKING SERV APRIL IT SERVICES 4,661.50 23363 $75.00
101 ‐ GENERAL FUND 04/17/23 7041 EMILY PRECIADO ARBOR DEPOSIT REFUN 75.00 23364 $3,268.70
552 ‐ WATER 04/17/23 137 FRIANT WATER AUTHOR FKC OM&R COSTS 2,097.00 552 ‐ WATER 04/17/23 137 FRIANT WATER AUTHOR SLDMWA EXCHANGE COS 1,171.70 23365 $1,413.11
101 ‐ GENERAL FUND 04/17/23 6010 FRONTIER COMMUNICAT 209‐151‐2650 23.31 101 ‐ GENERAL FUND 04/17/23 6010 FRONTIER COMMUNICAT 209‐151‐2652 46.61 101 ‐ GENERAL FUND 04/17/23 6010 FRONTIER COMMUNICAT 209‐151‐2656 46.61 101 ‐ GENERAL FUND 04/17/23 6010 FRONTIER COMMUNICAT 209‐151‐2662 61.62 101 ‐ GENERAL FUND 04/17/23 6010 FRONTIER COMMUNICAT 209‐188‐3200 5.34 101 ‐ GENERAL FUND 04/17/23 6010 FRONTIER COMMUNICAT 209‐188‐3200 5.34 101 ‐ GENERAL FUND 04/17/23 6010 FRONTIER COMMUNICAT 562‐2512 182.13 101 ‐ GENERAL FUND 04/17/23 6010 FRONTIER COMMUNICAT 209‐151‐2650 23.31 101 ‐ GENERAL FUND 04/17/23 6010 FRONTIER COMMUNICAT 209‐042‐9309 1.99 552 ‐ WATER 04/17/23 6010 FRONTIER COMMUNICAT 209‐151‐2650 23.31 552 ‐ WATER 04/17/23 6010 FRONTIER COMMUNICAT 209‐150‐2936 84.82 552 ‐ WATER 04/17/23 6010 FRONTIER COMMUNICAT 209‐188‐3200 5.34 552 ‐ WATER 04/17/23 6010 FRONTIER COMMUNICAT 562‐1552 128.48 552 ‐ WATER 04/17/23 6010 FRONTIER COMMUNICAT 562‐7131 158.64 553 ‐ SEWER 04/17/23 6010 FRONTIER COMMUNICAT 209‐151‐2650 23.31 553 ‐ SEWER 04/17/23 6010 FRONTIER COMMUNICAT 209‐188‐3200 5.33 553 ‐ SEWER 04/17/23 6010 FRONTIER COMMUNICAT 209‐150‐3621 120.99 553 ‐ SEWER 04/17/23 6010 FRONTIER COMMUNICAT 562‐7132 373.41 553 ‐ SEWER 04/17/23 6010 FRONTIER COMMUNICAT 209‐151‐2654 46.61 553 ‐ SEWER 04/17/23 6010 FRONTIER COMMUNICAT 209‐151‐2655 46.61 23366 $1,251.15
305 ‐ EMERGENCY OPERATIONS 04/17/23 1925 FRUIT GROWERS SUPPL PUMPS,HOSES,CLAMPS 585.73 305 ‐ EMERGENCY OPERATIONS 04/17/23 1925 FRUIT GROWERS SUPPL TRIMMER,BLOWER,PUMP 665.42 23367 $4.60
552 ‐ WATER 04/17/23 7034 GARZA LORRAINE REFUND CLOSED UB AC 4.60 23368 $25.00
400 ‐ WELLNESS CENTER 04/17/23 6093 GFIT MARCH CHAIR FITNESS 25.00 23369 $9,459.11
101 ‐ GENERAL FUND 04/17/23 5647 GRISWOLD,LASSALLE,C MATTER:CITY SERVICE 956.25 101 ‐ GENERAL FUND 04/17/23 5647 GRISWOLD,LASSALLE,C MATTER:CITY COUNCIL 2,775.00 101 ‐ GENERAL FUND 04/17/23 5647 GRISWOLD,LASSALLE,C MATTER:POLICE DEPT. 112.50 101 ‐ GENERAL FUND 04/17/23 5647 GRISWOLD,LASSALLE,C MATTER:CITY CLERK 1,182.92 101 ‐ GENERAL FUND 04/17/23 5647 GRISWOLD,LASSALLE,C MATTER:CITY MANAGER 1,847.50 101 ‐ GENERAL FUND 04/17/23 5647 GRISWOLD,LASSALLE,C MATTER:CITY ATTORNE 110.99 101 ‐ GENERAL FUND 04/17/23 5647 GRISWOLD,LASSALLE,C MATTER:PLANNING DEP 2,413.95 101 ‐ GENERAL FUND 04/17/23 5647 GRISWOLD,LASSALLE,C MATTER:CITY 60.00 23370 $6,661.47
305 ‐ EMERGENCY OPERATIONS 04/17/23 3576 HDS WHITE CAP CONST EMPTY SAND BAGS 3,751.88 305 ‐ EMERGENCY OPERATIONS 04/17/23 3576 HDS WHITE CAP CONST DEBRIS CLEANUP SUPP 1,361.25 305 ‐ EMERGENCY OPERATIONS 04/17/23 3576 HDS WHITE CAP CONST DEBRIS CLEANUP SUPP 1,548.34 23371 $1,826.76
101 ‐ GENERAL FUND 04/17/23 1391 HOME DEPOT EVERBILT HOOK & RAI 216.29 101 ‐ GENERAL FUND 04/17/23 1391 HOME DEPOT CIRCUIT BREAKER FIN 54.59 101 ‐ GENERAL FUND 04/17/23 1391 HOME DEPOT PATCH PANEL W/MOUNT 48.23 305 ‐ EMERGENCY OPERATIONS 04/17/23 1391 HOME DEPOT SAND BAGS 1,507.65 23372 $12,798.63
305 ‐ EMERGENCY OPERATIONS 04/17/23 180 INGRAM EQUIPMENT CO REPLACED PUMP‐HICKO 12,798.63 April 25, 2023 Regular Meeting of the Lindsay City Council
23373 $100.00
101 ‐ GENERAL FUND 04/17/23 6771 IRMA DURAN ARBOR DEPOSIT REFUN 100.00 23374 $75.00
101 ‐ GENERAL FUND 04/17/23 7036 JAVIER JACUINDE ARBOR DEPOSIT REFUN 75.00 23375 $75.00
101 ‐ GENERAL FUND 04/17/23 7028 JESUS CHAVEZ ARBOR DEPOSIT REFUN 75.00 23376 $100.00
101 ‐ GENERAL FUND 04/17/23 7037 JOANNA MURILLO ARBOR DEPOSIT REFUN 100.00 23377 $194.00
101 ‐ GENERAL FUND 04/17/23 7035 JOSE VASQUEZ ARBOR DEPOSIT REFUN 100.00 101 ‐ GENERAL FUND 04/17/23 7035 JOSE VASQUEZ CANCELLED ARBOR REN 94.00 23378 $75.00
101 ‐ GENERAL FUND 04/17/23 7038 JOSEFA NAVARRO ARBOR DEPOSIT REFUN 75.00 23379 $1,170.00
553 ‐ SEWER 04/17/23 5335 JUAN GOMEZ MARCH WWTP‐OPERATIO 1,170.00 23380 $5,753.57
305 ‐ EMERGENCY OPERATIONS 04/17/23 5542 KRC SAFETY CO., INC STREET SIGNS/BARRIC 5,753.57 23381 $762.00
101 ‐ GENERAL FUND 04/17/23 4076 LIEBERT CASSIDY WHI MATTER:LI012‐00001J 28.50 101 ‐ GENERAL FUND 04/17/23 4076 LIEBERT CASSIDY WHI MATTER:LI012‐00008F 733.50 23382 $1,285.20
101 ‐ GENERAL FUND 04/17/23 6225 LIFTOFF LLC OFFICE 365 LICENSE 1,285.20 23383 $400.00
101 ‐ GENERAL FUND 04/17/23 2639 LINDSAY DOLLARS FOR DOLLARS FOR SCHOLAR 400.00 23384 $1,950.00
400 ‐ WELLNESS CENTER 04/17/23 6260 LLEON SERVICES W.C. CHEM BALANCE 1,950.00 23385 $3,776.21
261 ‐ GAS TAX FUND 04/17/23 6550 MARIO SAGREDO ELECT ELMWOOD&HONOLULU BO 200.88 305 ‐ EMERGENCY OPERATIONS 04/17/23 6550 MARIO SAGREDO ELECT CITY HALL CORRIDOR 104.70 305 ‐ EMERGENCY OPERATIONS 04/17/23 6550 MARIO SAGREDO ELECT TONYVILLE LIFT STAT 190.00 400 ‐ WELLNESS CENTER 04/17/23 6550 MARIO SAGREDO ELECT W.C. RESTROOMS SIGN 3,280.63 23386 $14,823.45
600 ‐ CAPITAL IMPROVEMENT 04/17/23 6639 MOORE IACOFANO GOLT FEB. OLIVE BOWL AAS 14,823.45 23387 $560.00
101 ‐ GENERAL FUND 04/17/23 6437 MORINDA MEDICAL GRO FEBRUARY 2023 CLAIM 560.00 23388 $1,028.27
101 ‐ GENERAL FUND 04/17/23 7019 NUTRIEN AG SOLUTION GLYPHOSATE 1,028.27 23389 $13.95
101 ‐ GENERAL FUND 04/17/23 1565 OACYS.COM INC DOMAIN PARKING & DN 13.95 23390 $349.00
400 ‐ WELLNESS CENTER 04/17/23 7030 ON TIME SPORTS LHS 2023 FALL POSTE 349.00 23391 $255.00
101 ‐ GENERAL FUND 04/17/23 3260 PACIFIC EMPLOYERS QTLY MEMBERSHIP 255.00 23392 $8.31
552 ‐ WATER 04/17/23 7032 PLASCENCIA MEDINA G REFUND CLOSED UB AC 8.31 23393 $3,181.53
101 ‐ GENERAL FUND 04/17/23 6991 PREMIER ACCESS INSU APRIL 2023 DENTAL P 3,181.53 23394 $10,853.50
305 ‐ EMERGENCY OPERATIONS 04/17/23 5684 QUIK‐ROOTER PUMP LIFT STATION 8,942.50 553 ‐ SEWER 04/17/23 5684 QUIK‐ROOTER VACCUM MUD‐295 LIND 1,911.00 23395 $449.19
101 ‐ GENERAL FUND 04/17/23 285 QUILL CORPORATION MARKERS & STAPLES 47.38 101 ‐ GENERAL FUND 04/17/23 285 QUILL CORPORATION WALL CALENDAR 28.26 101 ‐ GENERAL FUND 04/17/23 285 QUILL CORPORATION CALLIGRAPHY MARKERS 18.04 101 ‐ GENERAL FUND 04/17/23 285 QUILL CORPORATION TAPE,BINDER CLIPS,P 108.03 101 ‐ GENERAL FUND 04/17/23 285 QUILL CORPORATION PENS, BATTERIES,CUP 139.76 101 ‐ GENERAL FUND 04/17/23 285 QUILL CORPORATION STAMP, STICK NOTES 107.72 23396 $5,000.00
552 ‐ WATER 04/17/23 6095 RALPH GUTIERREZ WAT CPO WATER TREATMENT 2,500.00 553 ‐ SEWER 04/17/23 6095 RALPH GUTIERREZ WAT CPO SEWER TREATMENT 2,500.00 April 25, 2023 Regular Meeting of the Lindsay City Council
23397 $165.00
400 ‐ WELLNESS CENTER 04/17/23 3622 RLH FIRE PROTECTION FIRE SPRINKLER INSP 165.00 23398 $3,246.91
101 ‐ GENERAL FUND 04/17/23 5537 ROBERT MARKS PLUMBI RESTROOM FLUSH VALV 3,246.91 23399 $8,694.82
101 ‐ GENERAL FUND 04/17/23 310 SOUTHERN CA. EDISON 700141289638‐LATE F 55.49 553 ‐ SEWER 04/17/23 310 SOUTHERN CA. EDISON 23611 RD 196 WWTP 8,639.33 23400 $25.00
101 ‐ GENERAL FUND 04/17/23 6608 STAFF‐WORTHY COVID ADMIN TEST 25.00 23401 $361.64
101 ‐ GENERAL FUND 04/17/23 6703 STERICYCLE INC F.D. MARCH SHRED‐IT 125.79 101 ‐ GENERAL FUND 04/17/23 6703 STERICYCLE INC P.S. MARCH SHRED‐IT 235.85 23402 $4,506.34
101 ‐ GENERAL FUND 04/17/23 6146 SUPERION, LLC 04/01/23‐04/30/23 1,126.58 552 ‐ WATER 04/17/23 6146 SUPERION, LLC 04/01/23‐04/30/23 1,126.59 553 ‐ SEWER 04/17/23 6146 SUPERION, LLC 04/01/23‐04/30/23 1,126.59 554 ‐ REFUSE 04/17/23 6146 SUPERION, LLC 04/01/23‐04/30/23 1,126.58 23403 $13,105.54
101 ‐ GENERAL FUND 04/17/23 518 TCAG MEASURE R MARCH 202 13,105.54 23404 $100.00
101 ‐ GENERAL FUND 04/17/23 6772 TERESA HIGAREDA ARBOR DEPOSIT REFUN 100.00 23405 $91,346.30
600 ‐ CAPITAL IMPROVEMENT 04/17/23 6974 TERRA WEST CONSTRUC HERMOSA IMPROVEMENT 91,346.30 23406 $102,666.88
600 ‐ CAPITAL IMPROVEMENT 04/17/23 6974 TERRA WEST CONSTRUC HERMOSA IMPROVEMENT 102,666.88 23407 $7,807.49
101 ‐ GENERAL FUND 04/17/23 144 THE GAS COMPANY 140 N MIRAGE 338.12 101 ‐ GENERAL FUND 04/17/23 144 THE GAS COMPANY 251 E HONOLULU 742.15 101 ‐ GENERAL FUND 04/17/23 144 THE GAS COMPANY 185 N GALE HILL 502.81 400 ‐ WELLNESS CENTER 04/17/23 144 THE GAS COMPANY 740 SEQUOIA BLDG 466.16 400 ‐ WELLNESS CENTER 04/17/23 144 THE GAS COMPANY 740 SEQUOIA POOL 5,758.25 23408 $354.93
400 ‐ WELLNESS CENTER 04/17/23 3396 TK ELEVATOR CORPORA W.C. ELEVATOR MAINT 354.93 23409 $69.96
101 ‐ GENERAL FUND 04/17/23 6413 TRANS UNION LLC 01/26/23‐02/25/23 S 69.96 23410 $12,743.12
305 ‐ EMERGENCY OPERATIONS 04/17/23 1513 UNITED RENTALS, INC MESH VESTS 203.57 305 ‐ EMERGENCY OPERATIONS 04/17/23 1513 UNITED RENTALS, INC PUMPS&HOSE POND BAS 12,539.55 23411 $21,393.92
305 ‐ EMERGENCY OPERATIONS 04/17/23 5747 USA STAFFING INC. 3/26/23 TEMP STAFF 167.40 305 ‐ EMERGENCY OPERATIONS 04/17/23 5747 USA STAFFING INC. 4/2/23 TEMP STAFF 245.52 305 ‐ EMERGENCY OPERATIONS 04/17/23 5747 USA STAFFING INC. 3/12/23 TEMP STAFF 83.70 305 ‐ EMERGENCY OPERATIONS 04/17/23 5747 USA STAFFING INC. 3/19/23 TEMP STAFF 9,471.26 305 ‐ EMERGENCY OPERATIONS 04/17/23 5747 USA STAFFING INC. 3/26/23 TEMP STAFF 11,426.04 23412 $3,715.33
101 ‐ GENERAL FUND 04/17/23 368 VOLLMER EXCAVATION, PARCEL MAP#23‐01 SU 58.00 305 ‐ EMERGENCY OPERATIONS 04/17/23 368 VOLLMER EXCAVATION, COLD MIX FOR POTHOL 1,282.25 305 ‐ EMERGENCY OPERATIONS 04/17/23 368 VOLLMER EXCAVATION, TRUCK LOAD OF SAND 317.86 305 ‐ EMERGENCY OPERATIONS 04/17/23 368 VOLLMER EXCAVATION, TRUCK LOAD OF SAND 317.86 305 ‐ EMERGENCY OPERATIONS 04/17/23 368 VOLLMER EXCAVATION, TRANSFER LOAD OF DG 391.94 305 ‐ EMERGENCY OPERATIONS 04/17/23 368 VOLLMER EXCAVATION, TRUCK LOAD COLD MIX 1,347.42 23413 $1,072.89
101 ‐ GENERAL FUND 04/17/23 612 WEISENBERGERS ACE H CEILING TILES 752.33 101 ‐ GENERAL FUND 04/17/23 612 WEISENBERGERS ACE H TIE‐DOWN 31.67 101 ‐ GENERAL FUND 04/17/23 612 WEISENBERGERS ACE H FEBRUARY LATE FEE 15.74 101 ‐ GENERAL FUND 04/17/23 612 WEISENBERGERS ACE H MARCH LATE FEE 10.38 101 ‐ GENERAL FUND 04/17/23 612 WEISENBERGERS ACE H PAINT 106.28 101 ‐ GENERAL FUND 04/17/23 612 WEISENBERGERS ACE H BRUSH, PAINT 141.21 553 ‐ SEWER 04/17/23 612 WEISENBERGERS ACE H PIN HITCH 15.28 EDD407 $3,985.30
101 ‐ GENERAL FUND 04/07/23 687 STATE OF CALIFORNIA EDD PR PD 4/07/2023 3,985.30 April 25, 2023 Regular Meeting of the Lindsay City Council
IRS407 $31,203.44
101 ‐ GENERAL FUND 04/07/23 2011 INTERNAL REVENUE SE 941 PR PD 4/07/2023 19,920.04 101 ‐ GENERAL FUND 04/07/23 2011 INTERNAL REVENUE SE 941 PR PD 4/07/2023 11,283.40
SUMMARY BY FUNDING SOURCE
101 ‐ GENERAL FUND 416,241.39
261 ‐ GAS TAX FUND 26,255.16
263 ‐ TRANSPORTATION 1,672.00
305 ‐ EMERGENCY OPERATIONS 91,105.51
306 ‐ COVID‐19 ARPA FUND 7,850.00
400 ‐ WELLNESS CENTER 61,530.11
552 ‐ WATER 71,813.92
553 ‐ SEWER 50,990.28
554 ‐ REFUSE 8,548.30
556 ‐ VITA‐PAKT 2,156.55
600 ‐ CAPITAL IMPROVEMENT 292,526.10
700 ‐ CDBG REVOLVING LN FUND 688.82
720 ‐ HOME REVOLVING LN FUND 128,962.25
779 ‐ 00‐HOME‐0487 756.00
781 ‐ CAL HOME RLF 1,500.14
883 ‐ SIERRA VIEW ASSESSMENT 1,356.99
884 ‐ HERITAGE ASSESSMENT DIST 329.98 886 ‐ SAMOA 72.56
887 ‐ SWEETBRIER TOWNHOUSES 1,031.27
888 ‐ PARKSIDE 253.55
889 ‐ SIERRA VISTA ASSESSMENT 502.16
890 ‐ MAPLE VALLEY ASSESSMENT 113.93
891 ‐ PELOUS RANCH 1616.93
TOTAL $ 1,167,873.90
April 25, 2023 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-08
NUMBER 23-08
TITLE
MEETING
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINDSAY
REAFFIRMING THE EXISTENCE OF A LOCAL DISASTER
At a regular meeting of the City of Lindsay City Council held on April 25, 2023, at 6:00 PM at 251 E. Honolulu Street, Lindsay, CA 93247 WHEREAS, the Emergency Services Act, Government Code sections 8558(c) and 8630 authorize the proclamation of a local emergency when conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a city exist; and WHEREAS, pursuant to Government Code section 8630, such an emergency may be proclaimed by the governing body or by an official designated by ordinance adopted by the governing body; and WHEREAS, Chapter 2.44.100 of the Municipal Code of the City of Lindsay empowers the Director of Disaster to proclaim the existence of a local disaster as well as:
• To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by the disaster; provided, however, that the rules and regulations must be confirmed at the earliest practicable time by the disaster council. • To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of the life and property of the people, and to bind the city for the fair value thereof and, if required, to commandeer the same immediately for public use. • To require emergency services of any city officer or employee, and in the event of the proclamation of a state of extreme emergency or disaster by the Governor or County in the region in which the city is located, to commandeer the aid of as many citizens as they think necessary in the execution of their duties. Such persons shall be entitled to all privileges, benefits and immunities which are provided by state law for registered civil defense and disaster worker volunteers.
• To requisition necessary personnel or material of any city department or agency. • To execute all of the special powers conferred upon them by chapter 2.44.100 or by resolution adopted pursuant to this chapter, all powers conferred upon them by any statute, by agreement approved by the city council, or by any other lawful authority. • To exercise complete authority over the city and to exercise all police power vested in the city by the constitution and general law, if all members of the city council are unavailable.
WHEREAS, the Emergency Services Act, Government Code sections 8558(c) and 8630(c) authorize the reaffirmance of a local emergency at least once every 60 days until the governing body terminates the local emergency; and
April 25, 2023 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-08
WHEREAS, on March 14, 2023, pursuant to Chapter 2.44.100 of the Municipal Code of the City of Lindsay, the City Manager, acting as the Director of Emergency Services, found that:
• That conditions of extreme peril to the safety of persons and property have arisen within said City, caused by excessive past and expected rainfall, snowfall, and uncontrollable waters coming from the mountain.
WHEREAS, on March 16, 2023, the Lindsay City Council reviewed and ratified the proclamation of the existence of a local disaster via Resolution No. 23-06; and WHEREAS, the City Manager, acting as the Director of Emergency Services finds that said conditions still exist.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LINDSAY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That a local emergency still exists throughout the City of Lindsay.
SECTION 2. Said existence of a local emergency is hereby reaffirmed by the Lindsay City Council.
SECTION 3. That the City Council hereby proclaims that the existence of a local disaster is exists and will be re-evaluated at the next regular meeting of the City Council.
BE IT FURTHER RESOLVED:
That during the existence of said local emergency; the powers, functions, and duties or the emergency organization of the City of Lindsay shall be those prescribed by State Law, by Ordinance, and Resolutions of the City of Lindsay, and by the City of Lindsay Emergency Plan.
April 25, 2023 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-08
PASSED AND ADOPTED by the City Council of the City of Lindsay as follows:
MEETING DATE April 25, 2023
MOTION
SECOND MOTION
AYES
ABSENT
ABSTAIN
NAYS
CERTIFICATION OF THE FOREGOING RESOLUTION AS FULL, TRUE, PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF LINDSAY AS DETAILED.
FRANCESCA QUINTANA HIPOLITO A. CERROS
CITY CLERK MAYOR
April 25, 2023 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO: Lindsay City Council
FROM: Francesca Quintana, City Clerk & Assistant to the City Manager Joseph M. Tanner, City Manager
DEPARTMENT: City Manager
ITEM NO.: 10.4
MEETING DATE: April 25, 2023
ACTION & RECOMMENDATION
Public Risk Innovation, Solutions, and Management
A. Consider Minute Order Approval of Resolution No. 23-09, A Resolution of the City Council of the City of Lindsay to Join Public Risk Innovation, Solutions, and Management and Authorize City Manager to Execute any Documents Thereto
B. Consider Minute Order Approval of Public Risk Innovation, Solutions, and Management Joint Powers Agreement and Authorize City Manager to Execute any Documents Thereto
C. Consider Minute Order Approval of Public Risk Innovation, Solutions, and Management Property Program Memorandum of Understanding and Authorize City Manager to Execute any Documents Thereto
D. Consider Minute Order Approval of Public Risk Innovation, Solutions, and Management Excess Liability Program Memorandum of Understanding and Authorize City Manager to Execute any Documents Thereto E. Consider Minute Order Approval of Public Risk Innovation, Solutions, and Management Excess Workers’ Compensation Program and Authorize City Manager to Execute any Documents Thereto
F. Consider Minute Order Approval of Application for Permanent Certificate of Consent to Self-Insure for Interim Self-Insurer and Authorize City Manager to Execute any Documents Thereto
April 25, 2023 Regular Meeting of the Lindsay City Council
G. Consider Minute Order Approval of Application for Certificate of Consent to Self-Insure as a Public Agency Employer Self-Insurer and Authorize City Manager to Execute any Documents Thereto
H. Consider Minute Order Authorization of Resolution No. 23-10, A Resolution of the City Council of the City of Lindsay Authorizing Application to the Director of Industrial Relations, State of California for a Certificate of Consent to SelfInsure Workers' Compensation Liabilities and Authorize City Manager to Execute any Documents Thereto
City Staff recommends that the City Council approve the above referenced governing documents so that the City may begin the onboarding process with PRISM for above referenced services/programs as well as ensure continuity in the City’s day-to-day insurance services and needs.
BACKGROUND | ANALYSIS
On December 13, 2022, the Lindsay City Council passed and adopted Resolution No. 22-64 authorizing the withdrawal from the Central San Joaquin Valley Risk Management Authority (CSJVRMA) based on the City’s desire to acquire expanded services, better customer service, and more flexibility. Following the approval and passage of Resolution No. 22-64, the City formally notified CSJVRMA in writing regarding its intent to withdraw from the CSJVRMA effective June 30, 2023.
The City then met and received quotes from various authorities for such programs including, but not limited to, the creation of joint insurance funds, including primary and excess insurance funds, the pooling of self-insured claims and losses, purchased insurance, including reinsurance, and the provision of necessary administrative services. Such administrative services may include, but shall not be limited to, risk management consulting, loss prevention and control, centralized loss reporting, actuarial consulting, claims adjusting, and legal defense services.
Based on the quotes, scopes of work/services, and references that were received by the City from various authorities, City Staff recommend the following.
• Passing a Resolution to join Public Risk Innovation, Solutions, and Management (PRISM) for the purpose of jointly funding and/or establishing excess and other insurance programs as determined.
• Entering into a Joint Powers Agreement (JPA) with PRISM. • Entering into a Memorandum of Understanding (MOU) for the Property Program. • Entering into a Memorandum of Understanding (MOU) for the Excess Liability Program. • Entering into a Memorandum of Understanding (MOU) for the Excess Workers’ Compensation Program.
• Submitting an Application for Permanent Certificate of Consent to Self-Insure for Interim SelfInsurer. • Submitting an Application for Certificate of Consent to Self-Insure as a Public Agency Employer Self-Insurer.
April 25, 2023 Regular Meeting of the Lindsay City Council
• Adopt a Resolution Authorizing Application to the Director of Industrial Relations, State of California for a Certificate of Consent to Self-Insure Workers' Compensation Liabilities.
FISCAL IMPACT
The City can expect to see approximately $50,000 in savings by joining PRISM for the same services/programs currently rendered through CSJVRMA.
ATTACHMENTS
• Resolution No. 23-09
• PRISM Joint Powers Agreement (JPA)
• PRISM Bylaws
• PRISM Property Program Memorandum of Understanding (MOU) • PRISM Excess Liability Program Memorandum of Understanding (MOU) • PRISM Excess Workers’ Compensation Program Memorandum of Understanding (MOU) • Application for Permanent Certificate of Consent to Self-Insure for Interim Self-Insurer • Application for Certificate of Consent to Self-Insure as a Public Agency Employer Self-Insurer • Resolution No. 23-10
April 25, 2023 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-09
NUMBER 23-09
TITLE
MEETING
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINDSAY
TO JOIN PUBLIC RISK INNOVATION, SOLUTIONS, AND
MANAGEMENT
At a regularly scheduled meeting of the City of Lindsay City Council held on April 25, 2023, at 6:00 PM at 251 E. Honolulu Street, Lindsay, CA 93247 WHEREAS, Article 1, Chapter 5, Division 7, Title 1 of the California Government Code (Section 6500 et seq.) permits two or more public agencies by agreement to exercise jointly powers common to the contracting parties; and
WHEREAS, the City of Lindsay desires to join together with the members of the Public Risk Innovation, Solutions, and Management (PRISM) for the purpose of jointly funding and/or establishing excess and other insurance programs as determined; and WHEREAS, PRISM has determined that it is necessary for each member of PRISM to delegate to a person(s) or position(s) authority to act on the member’s behalf in matters relating to the member and PRISM;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Lindsay that said City Council does hereby approve becoming a member of the Public Risk Innovation, Solutions, and Management, authorizes execution of the Public Risk Innovation, Solutions. And Management Joint Powers Agreement, and except as to actions that must be approved by the City Council of the City of Lindsay, the City Manager, or in their absence, the Human Resources/Risk Manager is hereby appointed to act in all matters relating to the member and PRISM.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LINDSAY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The City Council hereby authorizes and empowers the City Manager to execute in the name of the City of Lindsay all documents thereto that may be necessary.
SECTION 3. This Resolution shall take effect immediately upon its adoption.
SECTION 4. The Mayor or presiding officer, is hereby authorized to affix their signature to the Resolution signifying its adoption by the City Council to the City of April 25, 2023 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-09
Lindsay, and the City Clerk, or their appointed deputy, is directed to attest thereto.
PASSED AND ADOPTED by the City Council of the City of Lindsay as follows:
MEETING DATE April 25, 2023
MOTION
SECOND MOTION
AYES
ABSENT
ABSTAIN
NAYS
CERTIFICATION OF THE FOREGOING RESOLUTION AS FULL, TRUE, PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF LINDSAY AS DETAILED.
FRANCESCA QUINTANA HIPOLITO A. CERROS
CITY CLERK MAYOR
April 25, 2023 Regular Meeting of the Lindsay City Council
JPA, PRISM Amended: June 30, 2020
Adopted: October 5, 1979
Amended: May 12, 1980
Amended: January 23, 1987
Amended: October 7, 1988
Amended: March 1993
Amended: November 18, 1996
Amended: October 4, 2005
Amended: February 28, 2006
Amended: June 30, 2020
JOINT POWERS AGREEMENT
PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT
This Agreement is executed in the State of California by and among those counties and public entities organized and existing under the Constitution of the State of California, which are parties signatory to this Agreement. Public Risk Innovation, Solutions, and Management (referred to herein as PRISM), formerly known as CSAC Excess Insurance Authority, was formed under the sponsorship of CSAC. California counties, hereinafter called member counties, and public entities, hereinafter called member public entities, (collectively “members”) shall be listed in Appendix A, which shall be attached hereto and made a part hereof.
RECITALS
WHEREAS, Article 1, Chapter 5, Division 7, Title 1 of the California Government Code (Section 6500 et seq.) permits two or more public agencies by agreement to exercise jointly powers common to the contracting parties; and
WHEREAS, Article 16, Section 6 of the California Constitution provides that insurance pooling arrangements under joint exercise of power agreements shall not be considered the giving or lending of credit as prohibited therein; and
WHEREAS, California Government Code Section 990.4 provides that a local public entity may self-insure, purchase insurance through an authorized carrier, or purchase insurance through a surplus line broker, or any combination of these; and
WHEREAS, pursuant to California Government Code Section 990.6, the cost of insurance provided by a local public entity is a proper charge against the local public entity; and WHEREAS, California Government Code Section 990.8 provides that two or more local entities may, by a joint powers agreement, provide insurance for any purpose by any one or more of the methods specified in Government Code Section 990.4 and such pooling of self-insured claims or losses is not considered insurance nor subject to regulation under the Insurance Code; and WHEREAS, the counties and public entities executing this Agreement desire to join together for the purpose of jointly funding and/or establishing excess and other insurance programs as determined; NOW THEREFORE, the parties agree as follows:
ARTICLE 1
DEFINITIONS
“CSAC" shall mean the County Supervisors Association of California, dba California State Association of Counties.
"Board of Directors" or "Board" shall mean the governing body of PRISM. "Claim" shall mean a claim made against a member arising out of an occurrence, which is covered by an excess or primary insurance program of PRISM in which the member is a participant.
April 25, 2023 Regular Meeting of the Lindsay City Council
JPA, PRISM Amended: June 30, 2020
"Executive Committee" shall mean the Executive Committee of the Board of Directors of PRISM.
"Fiscal year" shall mean that period of twelve months which is established by the Board of Directors as the fiscal year of PRISM.
"Government Code" shall mean the California Government Code. “Insurance program” or “program” shall mean a program which has been designated as a major program of PRISM under which participating members are protected against designated losses, either through joint purchase of primary or excess insurance, pooling of self-insured claims or losses, purchased insurance or any other combination as determined by the Board of Directors. The Board of Directors, the Executive Committee, or a program’s governing committee may determine applicable criteria for determining eligibility in any insurance program, as well as establishing program policies and procedures.
"Joint powers law" shall mean Article 1, Chapter 5, Division 7, Title 1 (commencing with Section 6500) of the Government Code.
"Loss" shall mean a liability or potential liability of a member, including litigation expenses, attorneys' fees and other costs, which is covered by an insurance program of PRISM in which the member is a participant.
"Member county" shall mean any county in the State of California which has executed this Agreement and become a member of PRISM. "Member County" shall also include those entities or other bodies set forth in Article 3 (c).
“Member Public Entity” shall mean any California public entity, which is not a California county, which has executed this Agreement, and become a member of PRISM, “Member Public Entity” shall also include those entities or other bodies set forth in Article 3(c). “Miscellaneous Program” is an insurance program of PRISM that does not involve pooling of self-insured claims or losses and may be made available to members as well as non-member public entities that are not a party to this Agreement.
"Occurrence" shall mean an event which is more fully defined in the memorandums of coverage and/or policies of an insurance program in which the participating county or participating public entity is a member.
"Participating county" shall mean any member county which has entered into a program offered by PRISM pursuant to Article 14 of this Agreement and has not withdrawn or been canceled therefrom pursuant to Articles 20 or 21.
“Participating public entity” shall mean any member public entity which has entered into a program offered by PRISM pursuant to Article 14 of this Agreement and has not withdrawn or been canceled therefrom pursuant to Articles 20 or 21.
"Self-insured retention" shall mean that portion of a loss resulting from an occurrence experienced by a member, which is retained as a liability or potential liability of the member and is not subject to payment by PRISM.
"Reinsurance" shall mean insurance purchased by PRISM as part of an insurance program to cover that portion of any loss, which exceeds the joint funding capacity of that program.
April 25, 2023 Regular Meeting of the Lindsay City Council
JPA, PRISM Amended: June 30, 2020
ARTICLE 2
PURPOSES
This Agreement is entered into by the member counties and member public entities in order to jointly develop and fund insurance programs as determined. Such programs may include, but are not limited to, the creation of joint insurance funds, including primary and excess insurance funds, the pooling of self-insured claims and losses, purchased insurance, including reinsurance, and the provision of necessary administrative services. Such administrative services may include, but shall not be limited to, risk management consulting, loss prevention and control, centralized loss reporting, actuarial consulting, claims adjusting, and legal defense services.
ARTICLE 3
PARTIES TO AGREEMENT
(a) There shall be two classes of membership of the parties pursuant to this Agreement consisting of one class designated as Member Counties and another class designated as Member Public Entities.
(b) Each member county and member public entity, as a party to this Agreement, certifies that it intends to and does contract with all other members as parties to this Agreement and, with such other members as may later be added as parties to this Agreement pursuant to Article 19 as to all programs of which it is a participating member. Each member also certifies that the removal of any party from this Agreement, pursuant to Articles 20 or 21, shall not affect this Agreement or the member’s obligations hereunder. (c) A member for purposes of providing insurance coverage under any program of PRISM, may contract on behalf of, and shall be deemed to include:
Any public entity as defined in Government Code § 811.2 which the member requests to be added and from the time that such request is approved by the Executive Committee of PRISM.
Any nonprofit entity, including a nonprofit public benefit corporation formed pursuant to Corporations Code §§ 5111, 5120 and, 5065, which the member requests to be added and from the time that such request is approved by the Executive Committee. (d) Any public entity or nonprofit so added shall be subject to and included under the member’s SIR or deductible, and when so added, may be subject to such other terms and conditions as determined by the Executive Committee. (e) Such public entity or nonprofit shall not be considered a separate party to this Agreement. Any public entity or nonprofit so added, shall not affect the member’s representation on the Board of Directors and shall be considered part of and represented by the member for all purposes under this Agreement.
(f) The Executive Committee shall establish guidelines for approval of any public entity or nonprofit so added in accordance with Article 3(c) and (d). (g) Should any conflict arise between the provisions of this Article and any applicable Memorandum of Coverage or other document evidencing coverage, such Memorandum of Coverage or other document evidencing coverage shall prevail.
ARTICLE 4
TERM
This Agreement shall continue in effect until terminated as provided herein.
April 25, 2023 Regular Meeting of the Lindsay City Council
JPA, PRISM Amended: June 30, 2020
ARTICLE 5
CREATION OF PRISM
Pursuant to the joint powers law, there is hereby created a public entity separate and apart from the parties hereto, to be known as Public Risk Innovation, Solutions, and Management (“PRISM”), with such powers as are hereinafter set forth.
ARTICLE 6
POWERS OF PRISM
PRISM shall have all of the powers common to General Law counties in California, such as Alpine County and all additional powers set forth in the joint powers law, and is hereby authorized to do all acts necessary for the exercise of said powers. Such powers include, but are not limited to, the following:
(a) To make and enter into contracts.
(b) To incur debts, liabilities, and obligations.
(c) To acquire, hold, or dispose of property, contributions and donations of property, funds, services, and other forms of assistance from persons, firms, corporations, and government entities.
(d) To sue and be sued in its own name, and to settle any claim against it. (e) To receive and use contributions and advances from members as provided in Government Code Section 6504, including contributions or advances of personnel, equipment, or property.
(f) To invest any money in its treasury that is not required for its immediate necessities, pursuant to Government Code Section 6509.5.
(g) To allow non-member public entities and non-member counties to participate in Miscellaneous Programs and for risk management services to be provided to nonmember counties and non-member public entities including out-of-state participants in a PRISM program.
(h) To carry out all provisions of this Agreement.
Said powers shall be exercised pursuant to the terms hereof and in the manner provided by law.
ARTICLE 7
BOARD OF DIRECTORS
PRISM shall be governed by the Board of Directors, which shall be composed as follows:
(a) One director from each member county, appointed by the member county board of supervisors and serving at the pleasure of that body. Each member county board of supervisors shall also appoint an alternate director who shall have the authority to attend, participate in and vote at any meeting of the Board of Directors when the director is absent. A director or alternate director shall be a county supervisor, other county official, or staff person of the member county, and upon termination of office or employment with the county, shall automatically terminate membership or alternate membership on the Board of Directors.
(b) Ten directors consisting of seven directors and three alternate directors chosen in the manner specified in the Bylaws from those participating as public entity members. A director or alternate public entity director shall be an official, or staff person of the public April 25, 2023 Regular Meeting of the Lindsay City Council
JPA, PRISM Amended: June 30, 2020
entity member, and upon termination of office or employment with the public entity, shall automatically terminate membership or alternate membership on the Board of Directors. (c) Member county directors shall consist of a minimum of 80% of the eligible voting members on the Board of Directors. The public entity member directors shall be reduced accordingly to ensure at least 80% of the Board of Directors consists of county director members (By way of example, if the number of county members is reduced from the current 54 by member withdrawals to a level of 28, then county members would be at the 80% level, 28/35. If the county members go to 27, then the public entity members would lose one seat and would only have 6 votes).
Any vacancy in a county director or alternate director position shall be filled by the appointing county's board of supervisors, subject to the Provisions of this Article. Any vacancy in a public entity director position shall be filled by vote of the public entity members.
A majority of the membership of the Board of Directors shall constitute a quorum for the transaction of business. Each member of the Board of Directors shall have one vote.
Except as otherwise provided in this Agreement or any other duly executed agreement of the members, all actions of the Board of Directors shall require the affirmative vote of a majority of the members; provided, that any action which is restricted in effect to one of PRISM's insurance programs, shall require the affirmative vote of a majority of those Board of Directors members who represent counties and public entities participating in that program. For purposes of an insurance program vote, to the extent there are public entity members participating in a program, the public entity Board of Directors members as a whole shall have a minimum of one vote. The public entity Board of Directors members may in no event cast more votes than would constitute 20% of the number of total county members in that program (subject to the one vote minimum). Should the number of public entity Board of Directors votes authorized herein be less than the number of public entity Board of Directors members at a duly noticed meeting, the public entity Board of Directors members shall decide among themselves, which Board of Directors member shall vote. Should they be unable to decide, the President of PRISM shall determine which director(s) shall vote.
ARTICLE 8
POWERS OF THE BOARD OF DIRECTORS
The Board of Directors shall have the following powers and functions:
(a) The Board of Directors shall exercise all powers and conduct all business of PRISM, either directly or by delegation to other bodies or persons unless otherwise prohibited by this Agreement, or any other duly executed agreement of the members or by law. (b) The Board of Directors may adopt such resolutions as deemed necessary in the exercise of those powers and duties set forth herein.
(c) The Board of Directors shall form an Executive Committee, as provided in Article 11.
The Board of Directors may delegate to the Executive Committee and the Executive Committee may discharge any powers or duties of the Board of Directors except adoption of PRISM's annual budget. The powers and duties so delegated shall be specified in resolutions adopted by the Board.
(d) The Board of Directors may form, as provided in Article 12, such other committees as it deems appropriate to conduct the business of PRISM. The membership of any such other committee may consist in whole or in part of persons who are not members of the Board of Directors.
April 25, 2023 Regular Meeting of the Lindsay City Council
JPA, PRISM Amended: June 30, 2020
(e) The Board of Directors shall elect the officers of PRISM and shall appoint or employ necessary staff in accordance with Article 13.
(f) The Board of Directors shall cause to be prepared, and shall review, modify as necessary, and adopt the annual operating budget of PRISM. Adoption of the budget may not be delegated.
(g) The Board of Directors shall develop, or cause to be developed, and shall review, modify as necessary, and adopt each insurance program of PRISM, including all provisions for reinsurance and administrative services necessary to carry out such program. (h) The Board of Directors, directly or through the Executive Committee, shall provide for necessary services to PRISM and to members, by contract or otherwise, which may include, but shall not be limited to, risk management consulting, loss prevention and control, centralized loss reporting, actuarial consulting, claims adjusting, and legal services.
(i) The Board of Directors shall provide general supervision and policy direction to the Chief Executive Officer.
(j) The Board of Directors shall receive and act upon reports of the committees and the Chief Executive Officer.
(k) The Board of Directors shall act upon each claim involving liability of PRISM, directly or by delegation of authority to the Executive Committee or other committee, body or person, provided, that the Board of Directors shall establish monetary limits upon any delegation of claims settlement authority, beyond which a proposed settlement must be referred to the Board of Directors for approval.
(l) The Board of Directors may require that PRISM review, audit, report upon, and make recommendations with regard to the safety or claims administration functions of any member, insofar as those functions affect the liability or potential liability of PRISM. The Board of Directors may forward any or all such recommendations to the member with a request for compliance and a statement of potential consequences for noncompliance. (m) The Board of Directors shall receive, review and act upon periodic reports and audits of the funds of PRISM, as required under Articles 15 and 16 of this Agreement. (n) The Board of Directors may, upon consultation with a casualty actuary, declare that any funds established for any program has a surplus of funds and determine a formula to return such surplus to the participating counties and participating public entities, which have contributed, to such fund.
(o) The Board of Directors shall have such other powers and duties as are reasonably necessary to carry out the purposes of PRISM.
ARTICLE 9
MEETINGS OF THE BOARD OF DIRECTORS
(a) The Board of Directors shall hold at least one regular meeting each year and shall provide for such other regular meetings and for such special meetings as it deems necessary.
(b) The Chief Executive Officer of PRISM shall provide for the keeping of minutes of regular and special meetings of the Board of Directors, and shall provide a copy of the minutes to each member of the Board of Directors at the next scheduled meeting. (c) All meetings of the Board of Directors, the Executive Committee and such committees as established by the Board of Directors pursuant to Article 12 herein, shall be called, April 25, 2023 Regular Meeting of the Lindsay City Council
JPA, PRISM Amended: June 30, 2020
noticed, held and conducted in accordance with the provisions of Government Code Section 54950 et seq.
ARTICLE 10
OFFICERS
The Board of Directors shall elect from its membership a President and Vice President of the Board, to serve for one-year terms.
The President, or in his or her absence, the Vice President, shall preside at and conduct all meetings of the Board of Directors and shall chair the Executive Committee.
ARTICLE 11
EXECUTIVE COMMITTEE
The Board of Directors shall establish an Executive Committee of the Board of Directors, which shall consist of eleven members: the President and Vice President of the Board of Directors, and nine members elected by the Board of Directors from its membership.
The terms of office of the nine non-officer members shall be as provided in the Bylaws of PRISM.
The Executive Committee shall conduct the business of PRISM between meetings of the Board of Directors, exercising all those powers as provided for in Article 8, or as otherwise delegated to it by the Board.
ARTICLE 12
COMMITTEES
The Board of Directors may establish committees, as it deems appropriate to conduct the business of PRISM. Members of the committees shall be appointed by the Board of Directors, to serve two year terms, subject to reappointment by the Board of Directors. The members of each committee shall annually select one of their members to chair the Committee.
Each committee shall be composed of at least five members and shall have those duties as determined by the Board of Directors, or as otherwise set forth in the Bylaws.
Each committee shall meet on the call of its chair, and shall report to the Executive Committee and the Board of Directors as directed by the Board of Directors.
ARTICLE 13
STAFF
(a) Principal Staff. The Chief Executive Officer shall be appointed by and serve at the pleasure of the Board of Directors. The Chief Executive Officer shall serve as the Board Secretary and administer the business and activities of PRISM, subject to the general supervision and policy direction of the Board of Directors and Executive Committee; shall be responsible for all minutes, notices and records of PRISM and shall perform such other duties as are assigned by the Board and Executive Committee. (b) Treasurer and Auditor. Pursuant to Government Code Section 6505.6, the Chief Financial Officer shall serve as the Treasurer/Auditor. The duties of the Treasurer are set forth in Article 16 of this Agreement. The Chief Financial Officer shall draw warrants to pay demands against PRISM. The Chief Financial Officer shall comply with the provisions of Government Code Section 6505.5 (a-d) and shall be appointed by and serve at the pleasure of the Chief Executive Officer.
(c) Other Staff. The Board of Directors, Executive Committee or Chief Executive Officer shall provide for the appointment of such other staff as may be necessary for the administration of PRISM.
April 25, 2023 Regular Meeting of the Lindsay City Council
JPA, PRISM Amended: June 30, 2020
ARTICLE 14
DEVELOPMENT, FUNDING AND IMPLEMENTATION
OF INSURANCE PROGRAMS
(a) Program Coverage. Insurance programs of PRISM may provide coverage, including excess insurance coverage for:
(1) Workers' compensation;
(2) Comprehensive liability, including but not limited to general, personal injury, contractual, public officials errors and omissions, and incidental malpractice liability;
(3) Comprehensive automobile liability;
(4) Hospital malpractice liability;
(5) Property and related programs;
and may provide any other coverages authorized by the Board of Directors. The Board of Directors shall determine, for each such program, a minimum number of participants required for program implementation and may develop specific program coverages requiring detailed agreements for implementation of the above programs.
(b) Program and PRISM Funding. The members developing or participating in an insurance program shall fund all costs of that program, including administrative costs, as hereinafter provided. Costs of staffing and supporting PRISM, hereinafter called PRISM general expenses, shall be equitably allocated among the various programs by the Board of Directors, and shall be funded by the members developing or participating in such programs in accordance with such allocations, as hereinafter provided. In addition, the Board of Directors may, in its discretion, allocate a share of such PRISM general expense to those members, which are not developing or participating in any program, and require those counties and public entities to fund such share through a prescribed charge.
(1) Annual Premium. Except as provided in (2) below, all post-development costs of an insurance program shall be funded by annual premiums charged to the members participating in the program each policy year, and by interest earnings on the funds so accumulated. Such premiums shall be determined by the Board of Directors or the program’s governing committee upon the basis of a cost allocation plan and rating formula developed by PRISM with the assistance of a casualty actuary, risk management consultant, or other qualified person. The premium for each participating member shall include that participant’s share of expected program losses including a margin for contingencies as determined by the Board of Directors, program reinsurance costs, and program administrative costs for the year, plus that participant’s share of PRISM general expense allocated to the program by the Board of Directors.
(2) Premium Surcharge
(i) If PRISM experiences an unusually large number of losses under a program during a policy year, such that notwithstanding reinsurance coverage for large individual losses, the joint insurance funds for the program may be exhausted before the next annual premiums are due, the Board of Directors or the program’s governing committee may, upon consultation with a casualty actuary, impose premium surcharges on all participating members; or
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(ii) If it is determined by the Board of Directors or the program’s governing committee, upon consultation with a casualty actuary, that the joint insurance funds for a program are insufficient to pay losses, fund known estimated losses, and fund estimated losses, which have been incurred but not reported, the Board of Directors or the program’s governing committee may impose a surcharge on all participating members. (iii) Premium surcharges imposed pursuant to (i) and/or (ii) above shall be in an amount which will assure adequate funds for the program to be actuarially sound; provided that the surcharge to any participating member shall not exceed an amount equal to three (3) times the member’s annual premium for that year, unless otherwise determined by the Board of Directors or the program’s governing committee.
Provided, however, that no premium surcharge in excess of three times the member’s annual premium for that year may be assessed unless, ninety days prior to the Board of Directors taking action to determine the amount of the surcharge, PRISM notifies the governing body of each participating member in writing of its recommendations regarding its intent to assess a premium surcharge and the amount recommended to be assessed each member. PRISM shall, concurrently with the written notification, provide each participating member with a copy of the actuarial study upon which the recommended premium surcharge is based.
(iv) A member which is no longer a participating member at the time the premium surcharge is assessed, but which was a participating member during the policy year(s) for which the premium surcharge was assessed, shall pay such premium surcharges as it would have otherwise been assessed in accordance with the provisions of (i), (ii), and (iii) above.
(c) Program Implementation and Effective Date. Upon establishment of an insurance program by the Board of Directors, PRISM shall determine the manner of program implementation and shall give written notice to all members of such program, which shall include, but not be limited to: program participation levels, coverages and terms of coverage of the program, estimates of first year premium charges, effective date of the program (or estimated effective date) and such other program provisions as deemed appropriate.
(d) Late Entry Into Program. A member which does not elect to enter an insurance program upon its implementation, pursuant to (c) above, or a county or public entity which becomes a party to this Agreement following implementation of the program, may petition the Board of Directors for late entry into the program. Such request may be granted upon a majority vote of the Board of Directors members, plus a majority vote of those board members who represent participants in the program. Alternatively, a county or public entity may petition the Executive Committee for late entry into the program, or a program committee, when authorized by an MOU governing that specific program, may approve late entry into that program. Such request may be granted upon a majority vote of the Executive Committee or program committee.
(e) Reentry Into A Program. Except as otherwise provided in a Program Memorandum of Understanding, any county or public entity that is a member of an insurance program of PRISM who withdraws or is cancelled from an insurance program under Articles 21 and 22, may not reenter such insurance program for a period of three years from the effective date of withdrawal or cancellation.
April 25, 2023 Regular Meeting of the Lindsay City Council
JPA, PRISM Amended: June 30, 2020
ARTICLE 15
ACCOUNTS AND RECORDS
(a) Annual Budget. PRISM shall annually adopt an operating budget pursuant to Article 8 of this Agreement, which shall include a separate budget for each insurance program under development or adopted and implemented by PRISM.
(b) Funds and Accounts. The Auditor of PRISM shall establish and maintain such funds and accounts as may be required by good accounting practices and by the Board of Directors. Separate accounts shall be established and maintained for each insurance program under development or adopted and implemented by PRISM. Books and records of PRISM in the hands of the Auditor shall be open to inspection at all reasonable times by authorized representatives of members.
PRISM shall adhere to the standard of strict accountability for funds set forth in Government Code Section 6505.
(c) Auditor's Report. The Auditor, within one hundred and eighty (180) days after the close of each fiscal year, shall give a complete written report of all financial activities for such fiscal year to the Board and to each member.
(d) Annual Audit. Pursuant to Government Code Section 6505, PRISM shall either make or contract with a certified public accountant to make an annual fiscal year audit of all accounts and records of PRISM, conforming in all respects with the requirements of that section. A report of the audit shall be filed as a public record with each of the members and also with the county auditor of the county where the home office of PRISM is located and shall be sent to any public agency or person in California that submits a written request to PRISM. The report shall be filed within six months of the end of the fiscal year or years under examination. Costs of the audit shall be considered a general expense of PRISM.
ARTICLE 16
RESPONSIBILITIES FOR FUNDS AND PROPERTY
(a) The Treasurer shall have the custody of and disburse PRISM's funds. He or she may delegate disbursing authority to such persons as may be authorized by the Board of Directors to perform that function, subject to the requirements of (b) below. (b) Pursuant to Government Code Section 6505.6, the Treasurer shall:
(1) Receive and acknowledge receipt for all funds of PRISM and place them in the treasury of the Treasurer to the credit of PRISM.
(2) Be responsible upon his or her official bond for the safekeeping and disbursements of all PRISM funds so held by him or her. (3) Pay any sums due from PRISM, as approved for payment by the Board of Directors or by any body or person to whom the Board of Directors has delegated approval authority, making such payments from PRISM funds upon warrants drawn by the Auditor.
(c) Pursuant to Government Code Section 6505.1, the Chief Executive Officer, the Treasurer, and such other persons as the Board of Directors may designate shall have charge of, handle, and have access to the property of PRISM. (d) PRISM shall secure and pay for a fidelity bond or bonds, in an amount or amounts and in the form specified by the Board of Directors, covering all officers and staff of PRISM, and all officers and staff who are authorized to have charge of, handle, and have access to property of PRISM.
April 25, 2023 Regular Meeting of the Lindsay City Council
JPA, PRISM Amended: June 30, 2020
ARTICLE 17
RESPONSIBILITIES OF MEMBERS
Members shall have the following responsibilities under this Agreement. (a) The board of supervisors of each member county shall appoint a representative and one alternate representative to the Board of Directors, pursuant to Article 7. (b) Each member shall appoint an officer or employee of the member to be responsible for the risk management function for that member and to serve as a liaison between the member and PRISM for all matters relating to risk management. (c) Each member shall maintain an active risk control program, and shall consider and act upon all recommendations of PRISM concerning the reduction of unsafe practices. (d) Each member shall maintain its own claims and loss records in each category of liability covered by an insurance program of PRISM in which the member is a participant, and shall provide copies of such records to PRISM as directed by the Board of Directors or Executive Committee, or to such other committee as directed by the Board of Directors or Executive Committee.
(e) Each member shall pay premiums and premium surcharges due to PRISM as required under Article 14. Penalties for late payment of such premiums and/or premium surcharges shall be as determined and assessed by the Board of Directors. After withdrawal, cancellation, or termination action under Articles 20, 21, or 23, each member shall pay promptly to PRISM any additional premiums due, as determined and assessed by the Board of Directors under Articles 22 or 23. Any costs incurred by PRISM associated with the collection of such premiums or other charges, shall be recoverable by PRISM.
(f) Each member shall provide PRISM such other information or assistance as may be necessary for PRISM to develop and implement insurance programs under this Agreement.
(g) Each member shall cooperate with and assist PRISM, and any insurer of PRISM, in all matters relating to this Agreement, and shall comply with all Bylaws, and other rules by the Board of Directors.
(h) Each member shall have such other responsibilities as are provided elsewhere in this Agreement, and as are established by the Board of Directors in order to carry out the purposes of this Agreement.
ARTICLE 18
ADMINISTRATION OF CLAIMS
(a) Subject to subparagraph (e), each member shall be responsible for the investigation, settlement or defense, and appeal of any claim made, suit brought, or proceeding instituted against the member arising out of a loss.
(b) PRISM may develop standards for the administration of claims for each insurance program of PRISM so as to permit oversight of the administration of claims by the members.
(c) Each participating member shall give PRISM timely written notice of claims in accordance with the provisions of the Bylaws and the applicable program Memorandum of Coverage.
April 25, 2023 Regular Meeting of the Lindsay City Council
JPA, PRISM Amended: June 30, 2020
(d) A member shall not enter into any settlement involving liability of PRISM without the advance written consent of PRISM.
(e) PRISM, at its own election and expense, shall have the right to participate with a member in the settlement, defense, or appeal of any claim, suit or proceeding, which, in the judgment of PRISM, may involve liability of PRISM.
ARTICLE 19
NEW MEMBERS
Any California public entity may become a party to this Agreement and participate in any insurance program in which it is not presently participating upon approval of the Board of Directors, by a majority vote of the members, or by majority vote of the Executive Committee.
ARTICLE 20
WITHDRAWAL
(a) A member may withdraw as a party to this Agreement upon thirty (30) days advance written notice to PRISM if it has never become a participant in any insurance program pursuant to Article 14, or if it has previously withdrawn from all insurance programs in which it was a participant.
(b) After becoming a participant in an insurance program, a member may withdraw from that program only at the end of a policy year for the program, and only if it gives PRISM at least sixty (60) days advance written notice of such action.
ARTICLE 21
CANCELLATION
(a) Notwithstanding the provisions of Article 20, the Board of Directors may:
(1) Cancel any member from this Agreement and membership in PRISM, on a majority vote of the Board of Directors members. Such action shall have the effect of canceling the member’s participation in all insurance programs of PRISM as of the date that all membership is canceled.
(2) Cancel any member’s participation in an insurance program of PRISM, without canceling the member’s membership in PRISM or participation in other programs, on a vote of two-thirds of the Board of Directors members present and voting who represent participants in the program.
The Board of Directors shall give sixty (60) days advance written notice of the effective date of any cancellation under the foregoing provisions. Upon such effective date, the member shall be treated the same as if it had voluntarily withdrawn from this Agreement, or from the insurance program, as the case may be.
(b) Except as otherwise provided in a program Memorandum of Understanding, a member that does not enter one or more of the insurance programs developed and implemented by PRISM within the member’s first year as a member of PRISM shall be considered to have withdrawn as a party to this Agreement at the end of such period, and its membership in PRISM shall be automatically canceled as of that time, without action of the Board of Directors.
(c) A member which withdraws from all insurance programs of PRISM in which it was a participant and does not enter any program for a period of six (6) months thereafter shall be considered to have withdrawn as a party to the Agreement at the end of such period, and its membership in PRISM shall be automatically canceled as of that time, without action of the Board of Directors.
April 25, 2023 Regular Meeting of the Lindsay City Council
JPA, PRISM Amended: June 30, 2020
ARTICLE 22
EFFECT OF WITHDRAWAL OR CANCELLATION
(a) If a member’s participation in an insurance program of PRISM is canceled under Article 21, with or without cancellation of membership in PRISM, and such cancellation is effective before the end of the policy year for that program, PRISM shall promptly determine and return to that member the amount of any unearned premium payment from the member for the policy year, such amount to be computed on a pro-rata basis from the effective date of cancellation.
(b) Except as provided in (a) above or as otherwise provided in a program Memorandum of Understanding, a member which withdraws or is canceled from this Agreement and membership in PRISM, or from any program of PRISM, shall not be entitled to the return of any premium or other payment to PRISM, or of any property contributed to PRISM.
However, in the event of termination of this Agreement, such member may share in the distribution of assets of PRISM to the extent provided in Article 23 provided; however, that any withdrawn or canceled member, which has been assessed a premium surcharge pursuant to Article 14 (b) (3) (ii) shall be entitled to return of said member’s unused surcharge, plus interest accrued thereon, at such time as the Board of Directors declares that a surplus exists in any insurance fund for which a premium surcharge was assessed. (c) Except as provided in (d) below, a member shall pay any premium charges, which the Board of Directors determines are due from the member for losses and costs incurred during the entire coverage year in which the member was a participant in such program regardless of the date of entry into such program. Such charges may include any deficiency in a premium previously paid by the member, as determined by audit under Article 14 (b) (2); any premium surcharge assessed to the member under Article 14 (b) (3); and any additional amount of premium, which the Board of Directors determines to be due from the member upon final disposition of all claims arising from losses under the program during the entire coverage year in which the member was a participant regardless of date of entry into such program. Any such premium charges shall be payable by the member in accordance with PRISM's invoice and payment policy. (d) Those members that have withdrawn or been canceled pursuant to Articles 20 and 21 from any program of PRISM during a coverage year shall pay any premium charges which the Board of Directors determines are due from the members for losses and costs which were incurred during the member’s participation in any program.
ARTICLE 23
TERMINATION AND DISTRIBUTION OF ASSETS
(a) A three-fourths vote of the total voting membership of PRISM, consisting of member counties, acting through their boards of supervisors, and the voting Board of Directors members from the member public entities, is required to terminate this Agreement; provided; however, that this Agreement and PRISM shall continue to exist after such election for the purpose of disposing of all claims, distributing all assets, and performing all other functions necessary to conclude the affairs of PRISM. (b) Upon termination of this Agreement, all assets of PRISM in each insurance program shall be distributed among those members which participated in that program in proportion to their cash contributions, including premiums paid and property contributed (at market value when contributed). The Board of Directors shall determine such distribution within six (6) months after disposal of the last pending claim or other liability covered by the program.
(c) Following termination of this Agreement, any member which was a participant in an insurance program of PRISM shall pay any additional amount of premium, determined by the Board of Directors in accordance with a loss allocation formula, which may be April 25, 2023 Regular Meeting of the Lindsay City Council
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necessary to enable final disposition of all claims arising from losses under that program during the entire coverage year in which the member was a participant regardless of the date of entry into such program.
ARTICLE 24
LIABILITY OF BOARD OF DIRECTORS, OFFICERS, COMMITTEE MEMBERS
AND LEGAL ADVISORS
The members of the Board of Directors, Officers, committee members and legal advisors to any Board of Directors or committees of PRISM shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. They shall not be liable for any mistake of judgment or any other action made, taken or omitted by them in good faith, nor for any action taken or omitted by any agent, employee or independent contractor selected with reasonable care, nor for loss incurred through investment of PRISM funds, or failure to invest.
No Director, Officer, committee member, or legal advisor to any Board of Directors or committee shall be responsible for any action taken or omitted by any other Director, Officer, committee member, or legal advisor to any committee. No Director, Officer, committee member or legal advisor to any committee shall be required to give a bond or other security to guarantee the faithful performance of their duties pursuant to this Agreement.
The funds of PRISM shall be used to defend, indemnify and hold harmless PRISM and any Director, Officer, committee member or legal advisor to any committee for their actions taken within the scope of the authority of PRISM. Nothing herein shall limit the right of PRISM to purchase insurance to provide such coverage, as is hereinabove set forth.
ARTICLE 25
BYLAWS
The Board of Directors may adopt Bylaws consistent with this Agreement, which shall provide for the administration and management of PRISM.
ARTICLE 26
NOTICES
PRISM shall address notices, billings and other communications to a member as directed by the member. Each member shall provide PRISM with the address to which communications are to be sent.
Members shall address notices and other communications to PRISM to the Chief Executive Officer of PRISM, at the office address of PRISM as set forth in the Bylaws.
ARTICLE 27
AMENDMENT
A two-thirds vote of the total voting membership of PRISM, consisting of member counties, acting through their boards of supervisors, and the voting Board of Directors members from member public entities, is required to amend this Agreement. However, the Executive Committee is authorized to make non-substantive, clerical amendments to the Agreement and does not need to obtain approval from the Board of Directors to make such amendments.
ARTICLE 28
EFFECTIVE DATE OF AMENDMENTS
Any amendment of this Agreement shall become effective upon the date specified by the Board of Directors and upon approval of any Amended Agreement as required in Article 27. Approval of any amendment by the voting boards of supervisors and public entity board members must take place no later than 30 days from the effective date specified by the Board of Directors.
April 25, 2023 Regular Meeting of the Lindsay City Council
JPA, PRISM Amended: June 30, 2020
ARTICLE 29
PROHIBITION AGAINST ASSIGNMENT
No member may assign any right, claim or interest it may have under this Agreement, and no creditor, assignee or third party beneficiary of any member shall have any right, claim or title to any part, share, interest, fund, premium or asset of PRISM.
ARTICLE 30
AGREEMENT COMPLETE
This Agreement constitutes the full and complete Agreement of the parties.
ARTICLE 31
DISPUTE RESOLUTION
When a dispute arises between PRISM and a member, the following procedures are to be followed:
(a) Request for Reconsideration. The member will make a written request to PRISM for the appropriate Committee to reconsider their position, citing the arguments in favor of the member and any applicable case law that applies. The member can also, request a personal presentation to that Committee, if it so desires. (b) Committee Appeal. The committee responsible for the program or having jurisdiction over the decision in question will review the matter and reconsider PRISM’s position.
This committee appeal process is an opportunity for both sides to discuss and substantiate their positions based upon legal arguments and the most complete information available. If the member requesting reconsideration is represented on the committee having jurisdiction, that committee member shall be deemed to have a conflict and shall be excluded from any vote.
(c) Executive Committee Appeal. If the member is not satisfied with the outcome of the committee appeal, the matter will be brought to the Executive Committee for reconsideration upon request of the member. If the member requesting reconsideration is represented on the Executive Committee, that Executive Committee member shall be deemed to have a conflict and shall be excluded from any vote. (d) Arbitration. If the member is not satisfied with the outcome of the Executive Committee appeal, the next step in the appeal process is arbitration. The arbitration, whether binding or non-binding, is to be mutually agreed upon by the parties. The matter will be submitted to a mutually agreed arbitrator or panel of arbitrators for a determination. If Binding Arbitration is selected, then the decision of the arbitrator is final. Both sides agree to abide by the decision of the arbitrator. The cost of arbitration will be shared equally by the involved member and PRISM.
(e) Litigation. If, after following the dispute resolution procedure paragraphs a-d, either party is not satisfied with the outcome of the non-binding arbitration process, either party may consider litigation as a possible remedy to the dispute.
ARTICLE 32
FILING WITH SECRETARY OF STATE
The Chief Executive Officer of PRISM shall file a notice of this Agreement with the office of California Secretary of State within 30 days of its effective date, as required by Government Code Section 6503.5 and within 70 days of its effective date as required by Government Code Section 53051.
April 25, 2023 Regular Meeting of the Lindsay City Council
JPA, PRISM Amended: June 30, 2020
IN WITNESS WHEREOF, the undersigned party hereto has executed this Agreement on the date indicated below.
DATE:____________________ MEMBER: ___________________________________ (Print Name of Member)
BY: ________________________________________
(Authorized signature of Member)
Seal:
April 25, 2023 Regular Meeting of the Lindsay City Council
Adopted: September 11, 1980
Last Amended: June 7, 2013
BYLAWS OF
PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT (PRISM) ARTICLE I. DEFINITIONS
The definitions of terms used in these Bylaws shall be the same as are contained in the Agreement Creating Public Risk Innovation, Solutions, and Management, hereinafter called the Agreement, unless otherwise expressly provided.
ARTICLE ll. OFFICES
PRISM's principal office for the transaction of business is located at 75 Iron Point Circle, Folsom, California. The Board of Directors may change the location of the principal office from time to time.
The Board may establish one or more subordinate offices at any place or places where PRISM is qualified to do business.
ARTICLE lll. MEETINGS OF THE BOARD OF DIRECTORS
1. Regular Meetings
(a) Time Held – The Board of Directors shall hold a minimum of three meetings per year. These meetings should, if at all possible, be scheduled at least one year prior to each meeting. Unless otherwise changed by a majority vote of the Board of Directors at a regular meeting, these meetings shall be held at 8:30 a.m. on the first Friday of March, June, and October. Should any of these days fall upon a legal holiday, the meeting of the Board shall be held on the same day of the following week. (b) Business to be Transacted – At the second yearly regular meeting, the Board shall review, modify if necessary, and adopt the annual operating budget of PRISM.
At the last yearly regular meeting, the Board shall elect officers and Executive Committee members, as required by the Agreement and these Bylaws. At any meetings, the Board may transact any other business within its powers, and receive reports of the operations and affairs of PRISM.
(c) Notice – Written notice of each regular meeting of the Board shall be delivered to each director and/or alternate director at least seven (7) days in advance of the meeting. The notice shall specify:
i. The place, date and hour of the meeting.
ii. Those matters which are intended to be presented for action by the Board.
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iii. The general nature of any proposal for action by the Board concerning a change in the Agreement or these Bylaws, a change in the membership of PRISM, or any other matter substantially affecting the rights and obligations of the members.
iv. If officers and Executive Committee members are to be elected, the names of the persons nominated for such positions at the time the notice is sent.
2. Special Meetings
A special meeting of the Board of Directors, and/or of the participating members in any insurance program, may be called at any time by the President of the Board, or by a majority of the members of the Board or such participating members, subject to the requirement for 24 hour written notice to the members, participating members and to requesting representatives of the media provided in Section 54956 of the California Government Code. The notice of a special meeting shall specify the time and place of the meeting and the business to be transacted. No other business shall be considered at the meeting.
3. Annual Meeting of Public Entity Members
(a) The Public Entity members of PRISM shall hold at least one meeting each year.
Members attending shall be reimbursed expenses in accordance with PRISM policy. (b) The Chief Executive Officer of PRISM shall provide for the keeping of minutes of annual meetings of the Public Entity members, and shall provide a copy of the minutes to each member of the Board at the next scheduled meeting. (c) The annual meeting of the Public Entity members shall be called, noticed, held and conducted in accordance with the provisions of Government Code Section 54950 et seq.
4. Place of Meeting
Each regular or special meeting of the Board of Directors or participating members in any insurance program shall be held at a place within the State of California designated by the Board of Directors at its preceding meeting, or if no such designation is made, as designated by the Executive Committee or the President of the Board.
5. Adjourned Meetings
The Board of Directors may adjourn any regular or special meeting to a time and place specified in the order of adjournment, whether or not a quorum has been established. If a quorum is not established, no business other than adjournment may be transacted.
A copy of the order for adjournment shall be posted as required by Section 54955 of the Government Code. No other notice of an adjourned meeting shall be necessary, unless April 25, 2023 Regular Meeting of the Lindsay City Council
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the adjournment is for a period of 30 days or more, in which case notice of the adjourned meeting shall be given in the same manner as notice of the original meeting.
ARTICLE IV. THE EXECUTIVE COMMITTEE
1. Membership
The eleven member Executive Committee shall consist of: President, Vice President, one county CAO, one county Risk Manager, one financially-oriented member (preferably with investment background) from a member county but not necessarily a member of the Board, one county Supervisor, two members from the public entity Board members, and the balance shall be elected at large. The immediate Past President shall also be a member of the Executive Committee, but shall serve in an advisory capacity only. If the Past President is elected to the Executive Committee for a term immediately succeeding his/her term as President, then the position of Past President shall remain vacant until filled in accordance with these Bylaws. The Executive Committee shall appoint Legal Counsel who shall serve in an advisory capacity to the Board of Directors and the Executive Committee.
If a specific category is not able to be filled, then the Board of Directors will fill from within its own membership.
Any duly appointed or elected member of the Board may be elected by the Board to serve as President or Vice President, provided however, that in no event shall there be more than two public entity directors on the Executive Committee.
2. Terms of Office
The terms of office of the nine non-officer members of the Executive Committee shall be for two (2) years, or as otherwise provided for in the Agreement. The term of office for the immediate Past President shall be for one (1) year.
3. Removal, Vacancies and Alternates
The Board of Directors may remove any or all non-officer members from the Executive Committee at any time.
A vacancy in any non-officer position on the Executive Committee, because of death, resignation, removal, disqualification, or any other cause, shall be filled by election of the Board. Pending action by the Board, the remaining members of the Executive Committee may fill a vacancy on an interim basis, except in the case of a vacancy caused by removal, which may only be filled by the Board.
The alternate director for a director who is a member of the Executive Committee may attend and participate in a meeting of the Committee as the representative of the member, but may not vote.
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Continued membership of any Executive Committee member who misses more than 50% of the meetings in any calendar year or who misses two consecutive meetings may be reviewed by the Executive Committee with any removal recommendations to be made to the Board of Directors.
4. Meetings
The Executive Committee shall meet on the first Thursday of every month, or on the call of the President of the Board, at such times and places as are designated by that officer.
The Committee shall also meet on the call of any seven of its members, at such time and place as they may designate.
Written notice of regular meetings shall be in accordance with the provisions of Article III.(1)(c). Special meetings shall be called and noticed in accordance with the provisions of Article III.(2).
5. Quorum and Voting Requirements
Seven members of the Executive Committee shall constitute a quorum for the transaction of business. All actions of the Committee shall require the affirmative votes of a majority of the members, at a meeting duly held at which a quorum is present.
6. Adjourned Meetings
The Executive Committee may adjourn any meeting to a time and place specified in the order for adjournment, whether or not a quorum has been established. If a quorum is not established, no business other than adjournment may be transacted.
A copy of the order for adjournment shall be posted as required by Section 54955 of the Government Code. No other notice of an adjourned meeting shall be necessary, unless the adjournment is for a period of 24 hours or more, in which case notice of the adjourned meeting shall be delivered to the members who were not present at the time of adjournment.
ARTICLE V. OFFICERS
1. Duties of the President
The President shall preside at and conduct all meetings of the Board and shall chair the Executive Committee.
2. Duties of the Vice President
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In the absence of the President, the Vice President shall perform all duties assigned to the President by the Agreement and by these Bylaws.
3. Terms of Office
The terms of office of the President and Vice President shall be for one (1) year.
4. Removal and Vacancies
The Board of Directors may remove an officer at any time. A vacancy in an officer position, because of death, resignation, removal, disqualification, or any other cause, shall be filled by election of the Board.
ARTICLE Vl. COMMITTEES
1. Establishment of Committees
In accordance with Article 12 of the Agreement, by adoption of these Bylaws, the following committees are hereby established.
(a) Claims Review Committee
The Claims Review Committee shall review all claims arising out of the Excess Workers’ Compensation and General Liability 1 Programs against members which involve or may involve liability of PRISM. The Claims Review Committee may, subject to monetary limits established by the Board, settle claims within its monetary limits in accordance with Article X of these Bylaws. The Committee shall advise the Executive Committee and the Board as to the nature and extent of claims adjusting and legal defense services necessary to protect the funds of PRISM, as to settlement of claims above its monetary limits which involve liability of PRISM, and such other functions as the Board and/or Executive Committee may direct. The Executive Committee may appoint legal counsel or use County Counsel representatives to serve in an advisory capacity to the Claims Review Committee. (b) Underwriting Committee
The Underwriting Committee shall be responsible for approval of applications by non-members for membership in the Excess Workers' Compensation and General Liability 1 Programs of PRISM, subject to ratification by the Executive Committee.
The Committee shall formulate, advise and make recommendations to the Executive Committee regarding the allocation of premiums to members and prospective non-members; advise and make recommendations regarding the distribution of such premiums; assess the stability of insurers and reinsurers and advise and make recommendations regarding said insurers and reinsurers; and perform such other functions as the Board and/or Executive Committee may direct.
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(c) Finance Committee
The Finance Committee shall serve in an advisory capacity to the Chief Executive Officer and Executive Committee. The Committee shall study and recommend policies, procedures and practices to be implemented regarding various financial matters of PRISM and may:
i. Review budgets,
ii. Review financial statements on a quarterly basis,
iii. Recommend for approval the external auditor to perform annual audits, iv. Recommend for approval an investment program for trust monies, v. Recommend for approval the accounting and internal control systems, which monitor the safeguarding of PRISM's assets,
vi. Recommend for approval the Treasurer of PRISM, and
vii. Serve as PRISM’s Audit Committee.
(d) Loss Prevention Committee
The Loss Prevention Committee shall develop, evaluate and review all matters pertaining to PRISM’s loss prevention services. The Committee shall advise and make recommendations to the Executive Committee or the Board of Directors regarding the programs, proposed regulatory changes specific to loss prevention and safety, the drug and alcohol testing consortium and perform such other functions as the Board and/or Executive Committee may direct. (e) Employee Benefits Committee
The Employee Benefits Committee shall develop, evaluate and review all matters pertaining to PRISM’s employee benefits programs. The Committee shall advise and make recommendations to the Executive Committee or the Board of Directors regarding existing programs and the development and implementation of new employee benefits programs and perform such other functions as the Board and/or Executive Committee may direct.
(f) Legislative Committee
The Legislative Committee shall actively propose amending, supporting, or opposing legislation and regulations for the benefit of the members regarding issues of concern to public entities. Such legislation, legislative reform, and/or regulation shall be in the areas of workers’ compensation, tort, workplace safety and loss prevention, and other areas of interest to public entities. The Committee shall advise and make recommendations to the Executive Committee regarding legislative activities to be sponsored by PRISM and perform such other functions as the Board and/or Executive Committee may direct.
2. Committees Created by Memorandums of Understanding
The Board of Directors is authorized to approve development of insurance programs through Memorandums of Understanding (MOU). Those programs may create committees through the MOU to act for and on behalf of such programs, including April 25, 2023 Regular Meeting of the Lindsay City Council
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authorizing settlement of any claim within the authority of such programs. Any committee so created, except as otherwise provided in any applicable MOU, shall be established and act in accordance with the provisions of Article 12 of the Agreement and these Bylaws.
3. Appointment of Members
By adoption of these Bylaws, the Board of Directors delegates to the Executive Committee the appointment of the members to all PRISM committees. Such appointments are to be in accordance with the provisions as set forth in Article 12 of the Agreement. Terms of service on a committee will be through December 31st of the year of expiration or until the Executive Committee makes new appointments at its meeting the following January, whichever is later.
4. Committee Meetings
Committees shall meet at regularly scheduled times and places or upon the call of their chairs. Written notice of regular meetings shall be in accordance with the provisions of Article III.(1)(c). Special meetings shall be called and noticed in accordance with the provisions of Article III.(2).
A majority of the members of the respective committees shall constitute a quorum for the transaction of business. All actions of the committees shall require the affirmative votes of a majority of the members at a meeting duly held at which a quorum is present.
ARTICLE Vll. DELEGATION OF AUTHORITY
1. Adoption of Resolutions
As provided in Article 8 of the Agreement, the Board of Directors may adopt such resolutions as are deemed necessary in the exercise of its power and duties, including the delegation of certain powers and duties to the Executive Committee. Any resolutions so adopted by the Board are by this reference incorporated herein as though fully set forth.
2. Adoption of other Policies and Procedures
As also provided in Article 8 of the Agreement, the Board of Directors is vested with authority to exercise all powers and conduct all business of PRISM. In furtherance of that authority, the Board of Directors and the Executive Committee shall develop and implement such policies and procedures, not otherwise prohibited by the Agreement or law, as they from time to time deem necessary to aid and assist in the conduct of the business of PRISM. Any such policies and procedures as adopted are by this reference incorporated herein as though fully set forth.
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ARTICLE Vlll. MISCELLANEOUS
1. Execution of Contracts
The Board of Directors or the Executive Committee may authorize any officer, staff member, or agent of PRISM to execute any contract in the name of and on behalf of PRISM, and such authorization may be general or specific in nature. The Chief Executive Officer, or his or her designee, may enter into such contracts and authorize such payments as are approved in PRISM’s budget, renew any existing contract or authorize any payment, which does not exceed the limit set forth in PRISM’s Bidding Procedures Policy. Except as otherwise provided, no officer, staff member, or agency shall have any power to bind PRISM by contract.
2. Authorization of Payments
All invoices, billings, and claims of members for payment of losses under an excess insurance program shall be approved and signed by the following before payment by the Treasurer:
(a) President of the Board or,
(b) The Vice President of the Board or,
(c) The Chief Executive Officer or his or her designee.
3. Rules of Procedure for Meetings
All meetings of the Board of Directors, Executive Committee, and other committees or bodies of PRISM shall be conducted in accordance with Robert's Rules of Order, provided that in the event of a conflict, such rules shall be superseded by the Agreement, these Bylaws, and California law.
ARTICLE IX. FISCAL YEAR
1. The fiscal year of PRISM shall be from July 1 to June 30.
ARTICLE X. ADMINISTRATION AND NOTICE OF CLAIMS
1. Administration of Claims
(a) In accordance with Article 18 of the Agreement, each member shall be responsible for the investigation, settlement or defense, and appeal of any claim made, suit brought, or proceeding instituted against the member arising out of a loss covered by an insurance program of PRISM of which the member is a participant. (b) PRISM may develop standards for the administration of claims for designated insurance programs of PRISM. Any standards for the administration of claims, April 25, 2023 Regular Meeting of the Lindsay City Council
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which have been developed for any designated program, or which otherwise may be developed, are by this reference incorporated herein as though fully set forth.
2. Notice of Claims
Members shall give PRISM timely written notice of claims in accordance with the adopted reporting requirements established for each program. Such reporting requirements, as adopted or as amended, are by this reference incorporated herein as though fully set forth.
ARTICLE Xl. CLAIMS SETTLEMENT AUTHORITY
In accordance with Article 8 paragraph (j) of the Agreement, by adoption of these Bylaws, the following claims settlement authority is established. (a) Subject to any claim settlement authority provided for in MOUs for existing programs, the Board of Directors hereby delegates to the Executive Committee full settlement authority for the full limits of coverage for any claim involving coverage under any established program of PRISM. The Executive Committee may further delegate its settlement authority, either through MOUs, by these Bylaws, or by specific action, to other programs or committees.
ARTICLE XII. TREASURER AND AUDITOR
1. Treasurer
The duties of the Treasurer are set forth in Article 16 of the Agreement. Pursuant to Government Code Section 6505.6 and in accordance with Article 13(a)(2) of the Agreement, the Board appoints the Chief Executive Officer to the position of Treasurer, who shall comply with the provisions of Government Code Section 6505.5 (a-d).
2. Auditor
The Auditor shall draw warrants to pay demands against PRISM when approved by the Treasurer. Pursuant to Government Code Section 6505.6 and in accordance with Article 13(a)(3) of the Agreement, the Board appoints the Chief Financial Officer to the position of Auditor, who shall comply with the provisions of Government Code Section 6505.5 (a-e).
ARTICLE XIII. PUBLIC ENTITY BOARD MEMBERS
1. Election
In accordance with Article 7(b-c), the Public Entity members shall elect seven (7) voting directors and three (3) alternate directors to the Board of Directors. The election shall be conducted by mail-in or electronic ballot under the direction of the Executive April 25, 2023 Regular Meeting of the Lindsay City Council
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Committee. The Executive Committee shall adopt rules and procedures for the conduct of the elections, which shall include, but not be limited to, a nominating committee, which shall be responsible for determining a slate of candidates. Election of Board members shall be by a majority vote of those responding. In order for the election to be valid, a response rate of at least one-third of the public entity membership is required.
Should there be a tie vote for the election of any Board member, the winner will be determined in accordance with the adopted rules and procedures for the conduct of elections. Unless otherwise approved by the Executive Committee, the names of nominated candidates shall be disseminated to all members no later than August 1st of each year. Ballots shall be submitted no later than September 1st. Elected Board members shall take office on October 1st.
2. Composition and Terms
The ten directors shall be those that receive the highest votes from the participating public entity members, with the top seven highest vote totals designated as the director members and the remaining three with the highest vote totals designated as alternate directors. Three of the director seats shall consist of one from a city member, one from a schools member, one from a special district member and the remaining four seats shall be elected at large. The terms of the seven director positions shall be staggered such that approximately half of the directors’ terms will expire each year. Terms of office for the directors shall generally be two-year terms, provided however, that some one-year terms will be established initially and may be established from time to time in order to establish and maintain the appropriate stagger. Alternate members will be elected for one year terms and will be permitted to vote only if the required number of director members are absent. Should the number of alternate votes authorized due to director absences be less than the number of alternate members at any meeting, the alternates shall decide which alternate members shall be entitled to vote, and if they cannot agree, the President of the Board will determine which of the alternate directors may vote in a director’s absence. Alternate directors who attend Board meetings will be entitled to expense reimbursement as if they were a director regardless of whether or not they are in a voting capacity.
ARTICLE XIV. AMENDMENTS
These Bylaws may be amended at any time by a majority vote of the Board of Directors. Following adoption of amendments, the Chief Executive Officer shall prepare and distribute a revision of the Bylaws to all members.
Below is the history of amendments of these Bylaws:
Adopted: September 11, 1980
Amended: May 7, 1982
Amended: January 23, 1987
Amended: June 3, 1988
Amended: October 5, 1990
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Amended: June 7, 1996
Amended: March 3, 2006
Amended: March 5, 2010
Amended: June 7, 2013
CERTIFICATE OF CHIEF EXECUTIVE OFFICER
I, the undersigned, certify that I am presently the Chief Executive Officer of Public Risk Innovation, Solutions, and Management and that the above Bylaws, consisting of eleven pages, are amended Bylaws of PRISM, as adopted at a meeting of the Board of Directors held on June 7, 2013.
Date: June 7, 2013
Executed at Folsom, California
Michael D. Fleming, Chief Executive Officer
April 25, 2023 Regular Meeting of the Lindsay City Council
Adopted: June 4, 1999
Amended: October 1, 2004
Amended: June 19, 2008
MEMORANDUM OF UNDERSTANDING
PROPERTY PROGRAM
This Memorandum of Understanding is entered into by and between the Public Risk Innovation, Solutions, and Management (hereinafter referred to as "PRISM") and the participating members who are signatories to this Memorandum.
1. Joint Powers Agreement. Except as is otherwise provided herein, all terms used herein shall be as defined in Article 1 of the Joint Powers Agreement Creating the Public Risk Innovation, Solutions, and Management (hereinafter referred to as "Agreement"), and all other provisions of the Agreement not in conflict with this Memorandum shall also be applicable.
2. Program Committee. There is hereby established a Property Program Committee (hereinafter referred to as "Property Committee" or “Committee”) and, except as otherwise provided herein, said Committee shall have full authority to determine all matters affecting the members including, but not limited to, approval of new members and premium/rate setting and establishment of policies regarding data submission and provisions for notice of withdrawal, as long as such policies are not in conflict with the Joint Powers Agreement.
The Property Committee shall consist of eleven (11) voting members and two (2) alternates. The Executive Committee of PRISM shall appoint the Committee members, to be selected from members in the Program as follows: Seven (7) of the Committee members are to be appointed from the members who make up the top fourteen (14) members according to the amount of annual property premium paid (“Large Members”).
Two (2) of the Committee members are to be appointed from those remaining members not within the top fourteen (14) members (“Smaller Members”). One (1) of the members may be appointed from any member (“At Large”). The remaining seat shall be designated for a Public Entity member. If there are no Public Entity nominees or not enough members available from a category (Large, Smaller, At Large), the Executive Committee shall make the appointment from members participating in the Program without regard to category.
The two (2) alternates may be appointed from any member.
The terms of the members of the Committee shall be for two (2) years, except for the Public Entity representative and the alternate representatives whose terms shall be for one (1) year. The expiration dates of the two-year appointments shall be staggered so that terms of no more than five (5) members will expire at any one time. The Committee will annually, at its first meeting of the calendar year, select its officers, consisting of a Chair and Vice Chair.
The Committee, when necessary to fulfill the purposes of this Memorandum, shall meet on the call of the Chair of the Committee as provided in Article 12 of the Agreement and Article VI of the Bylaws of PRISM (hereinafter referred to as the “Bylaws”).
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Adopted: June 4, 1999
Amended: October 1, 2004
Amended: June 19, 2008
A majority of the members of the Committee shall constitute a quorum for the transaction of business. Except as otherwise provided herein, all actions of the Property Committee shall require the affirmative vote of a majority of the members of the Committee. Any meeting of the Committee shall be subject to the applicable provisions of Government Code § 54950 et seq., commonly known as the “Brown Act.”
3. Premiums. The participating members, in accordance with the provisions of Article 14 of the Agreement, shall be assessed an annual premium for the purpose of funding the Property Program. Annual premium contributions, including administrative costs associated with the Program shall be established by the Property Committee.
4. Cost Allocation. Each member’s share of annual premium shall be determined by the Property Committee; however, the Committee may delegate any or all of this authority as it deems appropriate.
5. Application to the Program. All applications to join the Property Program will be evaluated and subject to approval by the Committee and the underwriter. Any entity, which makes application to become a participating member of the Program, who is not already a participating member in PRISM must also be approved in accordance with the provisions of Article 19 of the Agreement.
New members may be added to the Program during the term of the coverage year on a pro-rata basis.
6. Withdrawal and/or Cancellation From the Program. Withdrawal of a member from the Program shall be in accordance with the withdrawal provisions of Article 20 or 21 of the Agreement.
7. Late Payments. All provisions for payments shall be in accordance with the Invoicing and Payment Policy adopted by the Board of Directors. Notwithstanding any other provision to the contrary regarding late payment of invoices or cancellation from a Program, at the discretion of the Executive Committee, any member that fails to pay an invoice when due may be given a ten (10) day written notice of cancellation.
8. Resolution of Disputes. Any question or dispute with respect to the rights and obligations of the parties to this Memorandum shall be determined in accordance with Article 31 of the Agreement, Dispute Resolution.
9. Amendment. This Memorandum may be amended by a majority vote of the Property Committee, upon ninety (90) days advance written notice to the members and county counsels. Each member shall approve of any amendment by signature on the Memorandum by a member’s representative who shall have authority to execute this Memorandum. Should a member of the Program fail to execute any amendment to this Memorandum within the time provided by the Committee, the member will be deemed to have withdrawn from the Program on the next annual renewal date.
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Adopted: June 4, 1999
Amended: October 1, 2004
Amended: June 19, 2008
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10. Complete Agreement. Except as otherwise provided herein, this Memorandum constitutes the full and complete agreement of the members.
11. Severability. Should any provision of this Memorandum be judicially determined to be void or unenforceable, such determination shall not affect any remaining provision.
12. Effective Date of Agreement. This Memorandum shall become effective on the date of coverage for the member or upon approval by the Property Committee of any amendment, whichever is later.
13. Execution in Counterparts. This Memorandum may be executed in several counterparts, each of which shall be an original, all of which shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the undersigned have executed this Memorandum as of the date set forth below.
Dated Public Risk Innovation, Solutions, and Management
Dated Member Entity: x
April 25, 2023 Regular Meeting of the Lindsay City Council
Adopted: March 5, 1993
Amended: October 2, 1998
Amended: October 6, 2006
Amended: March 6, 2009
MEMORANDUM OF UNDERSTANDING
EXCESS LIABILITY PROGRAM
This Memorandum of Understanding is entered into by and between Public Risk Innovation, Solutions, and Management (hereinafter referred to as “PRISM”) and the participating members who are signatories to this Memorandum.
1. JOINT POWERS AGREEMENT. Except as otherwise provided, all terms used herein shall be as defined in Article 1 of Joint Powers Agreement Creating PRISM (hereinafter referred to as “Agreement”), provisions of any applicable coverage agreement and all other provisions of the Agreement not in conflict with this Memorandum shall be applicable.
2. ANNUAL PREMIUM. The participating members, in accordance with the provisions of Article 14(b)(2) of the Agreement, shall be assessed an annual premium for the purpose of funding the Program. Annual premiums shall include the participating member’s share of expected losses for the policy period, including Incurred But Not Reported (IBNR) losses, as well as margin for contingencies based upon a confidence level as determined by the Board of Directors of PRISM (hereinafter Board), and adjustments, if any, for a surplus or deficit from all program policy periods. In addition, the premium shall include program reinsurance costs and program administrative costs, plus PRISM’s general expense allocated to the Program by the Board for the next policy period.
3. COST ALLOCATION. Each participating member’s share of annual premium shall be determined pursuant to a cost allocation plan as described in Article 14(b)(2) of the Agreement. The Board approved cost allocation plan is attached hereto as Exhibit A and may be amended from time to time by an affirmative vote of the majority of the Board representing the members participating in the Program.
4. DIVIDENDS AND ASSESSMENTS. The Program shall be funded in accordance with paragraph 2 above. As a general rule, the annual premium, as determined by the Board, shall be established at a level which shall provide adequate overall funding without the need for adjustments to past policy period(s) in the form of dividends and assessments. Should the Program for any reason not be adequately funded, except as otherwise provided herein, pro-rata assessments to the participating members may be utilized to ensure the approved funding level for those policy periods individually or for a block of policy periods, in accordance with the provisions of Article 14(b)(3) of the Agreement. Pro-rata dividends shall be declared as provided herein.
Dividends may also be declared as deemed appropriate by the Board.
5. CLOSURE OF POLICY PERIODS. Notwithstanding any other provision of this Memorandum, the following provisions are applicable:
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(a) Upon reaching ten (10) years of maturity after the end of a program period, that period shall be “closed” and there shall be no further dividends declared or assessments made with respect to those program periods, except as set forth in paragraph 6(a), below;
(b) Notwithstanding subparagraph (a) above, the Board may take action to leave a policy period “open” even though it may otherwise qualify for closure. In addition, the last ten (10) policy periods shall always remain “open” unless the Board takes specific action to declare any of the last ten (10) policy periods closed.
(c) Dividends and assessments, other than those set forth in paragraph 6(a) below, shall be administered to the participating members based upon the proportion of premiums paid to the Program in “open” periods only. For purposes of administering dividends and assessments pursuant to this subparagraph, all “open” policy periods shall be considered as one block.
New members to the Program shall become eligible for dividends and assessments upon participating in the Program for three (3) consecutive policy periods (not less than twenty-four (24) months). Participating members who withdraw from the Program prior to the three (3) year policy period restriction are still eligible for any assessments that arose out of the policy years they participated in the Program.
6. DECLARATION OF DIVIDENDS. Dividends shall be payable from the Program to a participating member in accordance with its proportionate funding to the Program during all “open” policy periods except as follows:
(a) A dividend shall be declared at the time a program period is closed on all amounts, which represent premium surcharge amounts assessed pursuant to Article 14(b)(3) of the Agreement where the funding exceeds the 80% confidence level. This dividend shall be distributed based upon each member’s proportionate share of assessment paid and accrued to the policy period being closed.
7. MEMORANDUM OF COVERAGE. A Memorandum of Coverage shall be issued by PRISM evidencing membership in the Program and setting forth terms and conditions of coverage.
8. CLAIMS ADMINISTRATION. Each participating member shall comply with PRISM’s Underwriting and Claims Administration Standards (including Addendum B - Liability Claims Administration Guidelines) as amended from time-to-time, and which are attached hereto as Exhibit B and incorporated herein.
9. LATE PAYMENTS. Notwithstanding any other provision to the contrary regarding late payment of invoices or cancellation from a Program, at the discretion of the Executive April 25, 2023 Regular Meeting of the Lindsay City Council
PRISM Amended: March 6, 2009
General Liability 1 Program MOU
Committee, any member that fails to pay an invoice when due may be given a ten (10) day written notice of cancellation.
10. RESOLUTIONS OF DISPUTES. Any question or dispute with respect to the rights and obligations of the parties to this Memorandum regarding coverage shall be determined in accordance with the Joint Powers Agreement Article 31, Dispute Resolution.
11. AMENDMENT. This Memorandum may be amended by a two-thirds vote of the Board and signature on the Memorandum by the member’s designated representative who shall have authority to execute this Memorandum. Should a member of the Program fail to execute any amendment to this Memorandum within the time provided by the Board, the member shall be deemed to have withdrawn as of the end of the policy period.
12. COMPLETE AGREEMENT. Except as otherwise provided herein, this Memorandum constitutes the full and complete agreement of the members.
13. SEVERABILITY. Should any provision of this Memorandum be judicially determined to be void or unenforceable such determination shall not affect any remaining provision.
14. EFFECTIVE DATE. This Memorandum shall become effective on the effective date of coverage for the member and upon approval by the Board of any amendment, whichever is later.
15. EXECUTION IN COUNTERPARTS. This Memorandum may be executed in several counterparts, each of which shall be an original, all of which shall constitute but one and the same instrument.
In Witness Hereof, the undersigned have executed this Memorandum as of the date set forth below:
Dated: ______________ _____________________________________ Public Risk Innovation, Solutions, and
Management
Dated: ________________ _____________________________________ Name
Member Entity: _________________________
3/6/2009
April 25, 2023 Regular Meeting of the Lindsay City Council
EXHIBIT A
EXCESS LIABILITY PROGRAM
COST ALLOCATION PLAN
As delegated by the Board of Directors, the Executive Committee will determine the specific allocation of all costs among the members subject to the following parameters:
Actuarial Analysis
An annual actuarial analysis will be performed using loss and exposure data collected from the members. The analysis will determine the necessary funding rates at various confidence levels and using various discount assumptions.
Different rates may be developed for different groups or classes of business as is deemed necessary or appropriate by the Executive Committee. At the March Board meeting, the Board of Directors will select the funding level rates and discount factors to be used based upon the actuarial analysis and recommendations from the actuary, the Underwriting Committee, and the Executive Committee.
Pool Contributions
The total needed pool contribution will be determined by multiplying the rates described above by the exposure for all of the members participating in the Pool.
For schools, the exposure base will be the reported Average Daily Attendance (ADA). For all other members, the exposure base will be estimated payroll for the year being funded. The Executive Committee may break the Pool into different layers for allocation purposes, and may apply a different loss experience modification for each layer as is deemed appropriate based on loss frequency.
In general, the lower layers will be subject to greater experience modification and the higher layers will be subject to lower experience modification or no experience modification. Within the layers, the larger members will be subject to greater experience modification than the smaller members. After the experience modification has been applied for each layer, there will be a pro-rata adjustment back to the total needed pool contribution.
Reinsurance Premiums
The reinsurance premium will be determined through negotiations with the reinsurer(s) and approved by the Board upon recommendation of the Underwriting and Executive Committees. This premium will then be allocated among the members based upon their exposure (ADA or estimated payroll).
PRISM Administration Fees
The total PRISM Administration Fees will be determined through the annual budgeting process with an appropriate amount allocated to the Excess Liability Program. These fees will be allocated among the members as determined by April 25, 2023 Regular Meeting of the Lindsay City Council
GL1 Program MOU
Exhibit A
the Executive Committee. In general, the basis for this allocation will be each member’s percentage of the total Pool contributions and reinsurance premium.
Deviation From the Standard
The Executive Committee may establish policies to deviate from the standard allocation methodology selected for each year on a case-by-case basis, if necessary. They may also elect to further delegate some or all of the decision making herein to the Underwriting Committee.
April 25, 2023 Regular Meeting of the Lindsay City Council
Adopted: December 6, 1985
Last Amended: July 1, 2019
PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT (PRISM)
UNDERWRITING AND CLAIMS ADMINISTRATION STANDARDS
I. GENERAL
A. Each Member shall appoint an official or employee of the Member to be responsible for the risk management function and to serve as a liaison between the Member and PRISM for all matters relating to risk management.
B. Each Member shall maintain a loss prevention program and shall consider and act upon all recommendations of PRISM concerning the reduction of unsafe conditions.
II. EXCESS WORKERS' COMPENSATION PROGRAM
A. Members of the Excess Workers’ Compensation Program, except those members of the Primary Workers’ Compensation Program whose responsibilities are outlined in Section IV below, shall be responsible for the investigation, settlement, defense and appeal of any claim made, suit brought or proceeding instituted against the Member.
1. The Member shall use only qualified personnel to administer its workers' compensation claims. At least one person in the claims office (whether in-house or outside administrator) shall be certified by the State of California as a qualified administrator of self-insured workers' compensation plans.
2. Qualified defense counsel experienced in workers’
compensation law and practice shall handle litigated claims.
Members are encouraged to utilize attorneys who have the designation “Certified Workers’ Compensation Specialist, the State Bar of California, Board of Legal Specialization”.
3. The Member shall use PRISM's Workers' Compensation Claims Administration Standards (Addendum A) and shall advise its claims administrator that these standards are utilized in PRISM's workers' compensation claims audits.
B. The Member shall provide PRISM written notice of any potential excess workers' compensation claims in accordance with the requirements of PRISM's Bylaws. Updates on such claims shall be provided pursuant to the reporting provisions of PRISM’s Workers’
EXHIBIT A
April 25, 2023 Regular Meeting of the Lindsay City Council
Compensation Claims Administration Standards (Addendum A) or as requested by PRISM and/or PRISM's excess carrier.
C. A claims administration audit utilizing PRISM's Workers' Compensation Claims Administration Standards (Addendum A) shall be performed once every two (2) years. In addition, an audit will be performed within twelve (12) months of any of the followingevents:
1. There is an unusual fluctuation in the Member's claim experience or number of large claims, or
2. There is a change of workers' compensation claims administration firms, or
3. The Member is a new member of the Excess Workers’ Compensation Program.
The claims audit shall be performed by a firm selected by PRISM unless an exception is approved. Recommendations made in the claims audit shall be addressed by the Member and a written response outlining a program for corrective action shall be provided to PRISM within sixty (60) days of receipt of the audit.
D. Each Member shall maintain records of claims in each category of coverage (i.e. indemnity, medical, expense) or as defined by PRISM and shall provide such records to PRISM as directed by the Board of Directors, Claims Review Committee, Underwriting Committee, or Executive Committee. Such records shall include both open and closed claims, allocated expenses, and shall not be capped by the Member’s self-insured retention.
E. The Member shall obtain an actuarial study performed by a Fellow of the Casualty Actuarial Society (FCAS) at least once every three (3) years. Based upon the actuarial recommendations, the Member should maintain reserves and make funding contributions equal to or exceeding the present value of expected losses and a reasonable margin for contingencies.
III. GENERAL LIABILITY PROGRAMS
A. Members of the General Liability 1 or General Liability 2 Programs, except those members of the Deductible Buy-Down Program whose responsibilities are outlined in Section V below, shall be responsible for the investigation, settlement, defense and appeal of any claim made, suit brought or proceeding instituted against the Member.
1. The Member shall use only qualified personnel to administer its liability claims.
April 25, 2023 Regular Meeting of the Lindsay City Council
2. Qualified defense counsel experienced in tort liability law shall handle litigated claims. Members are encouraged to utilize defense counsel experienced in the subject at issue in thelitigation.
3. The Member shall use the Liability Claims Administration Standards (Addendum B) and shall advise its claims administrator that these standards are utilized in PRISM's liability claims audits.
B. The Member shall provide PRISM written notice of any potential excess liability claim in accordance with the requirements of PRISM's Bylaws.
Updates on such claims shall be provided pursuant to the reporting provisions of PRISM’s Liability Claims Administration Standards (Addendum B) or as requested by PRISM and/or PRISM's excess carrier.
C. A claims administration audit utilizing PRISM's Liability Claims Administration Standards (Addendum B) shall be performed once every two (2) years. In addition, an audit will be performed within twelve (12) months of any of the followingevents:
1. There is an unusual fluctuation in the Member's claims experience or number of large claims, or
2. There is a change of liability claims administration firms, or
3. The Member is a new member of the General Liability 1 or General Liability 2 Program.
The claims audit shall be performed by a firm selected by PRISM unless an exception is approved. Recommendations made in the claims audit shall be addressed by the Member and a written response outlining a program for corrective action shall be provided to PRISM within sixty (60) days of receipt of the audit.
D. Each Member shall maintain records of claims in each category of coverage (i.e. bodily injury, property damage, expense) or as defined by PRISM and shall provide such records to PRISM as directed by the Board of Directors or applicable committee. Such records shall include open and closed claims, allocated expenses, and shall not be capped by the Member’s self-insured retention.
E. The Member shall obtain an actuarial study performed by a Fellow of the Casualty Actuarial Society (FCAS) at least once every three (3) years. Based upon the actuarial recommendations, the Member should maintain reserves and make funding contributions equal to or exceeding the present value of expected losses and a reasonable margin for contingencies.
April 25, 2023 Regular Meeting of the Lindsay City Council
IV. PRIMARY WORKERS’ COMPENSATION PROGRAM
A. Members of the Primary Workers’ Compensation Program shall provide the third party administrator written notice of any claim in accordance with the requirements of PRISM. Members must also cooperate with the third party administrator in providing all necessary information in order for claims to be administered appropriately.
B. PRISM shall be responsible for ensuring qualified personnel administer claims in the Primary Workers’ Compensation Program and that claims are administered in accordance with PRISM’s Workers’ Compensation Claims Administration Standards (Addendum A).
C. PRISM shall be responsible for ensuring a claims administration audit utilizing PRISM’s Workers’ Compensation Claims Administration Standards (Addendum A) is performed once every two (2) years.
D. PRISM shall be responsible for obtaining an actuarial study performed by a Fellow of the Casualty Actuarial Society (FCAS)annually.
V. DEDUCTIBLE BUY-DOWN PROGRAM
A. Members of the Deductible Buy-Down Program shall provide the third party administrator written notice of any claim or incident in accordance with the requirements of PRISM. Members must also cooperate with the third party administrator in providing all necessary information in order for claims to be administeredappropriately.
B. PRISM shall be responsible for ensuring qualified personnel administer claims in the Deductible Buy-Down Program and that claims are administered in accordance with PRISM’s Liability Claims Administration Standards (Addendum B).
C. PRISM shall be responsible for ensuring a claims administration audit utilizing PRISM’s Liability Claims Administration Standards (Addendum B) is performed once every two (2) years.
D. PRISM shall be responsible for obtaining an actuarial study performed by a Fellow of the Casualty Actuarial Society (FCAS)annually.
VI. PROPERTY PROGRAM
A. Members of the Property Program shall maintain appropriate records including a complete list of insured locations and schedule of values pertaining to all real property. Such records shall be provided to PRISM or its brokers as requested by the Executive or Property Committees.
April 25, 2023 Regular Meeting of the Lindsay City Council
B. Each Member shall perform a real property replacement valuation for all locations over $250,000. Valuations shall be equivalent to the Marshall Swift system and shall be performed at least once every five (5) years for all locations over $1,000,000 and at least once every ten (10) years for all locations with a valuation between $250,000 and $1,000,000. New members shall have an appraisal or valuation performed within one year from entry into the Program.
VII. MEDICAL MALPRACTICE PROGRAM
A. Program I
1. Members of Medical Malpractice Program I (hereinafter Program I) shall be responsible for the investigation, settlement, defense and appeal of any claim made, suit brought or proceeding instituted against the Member.
a. Members of Program I shall use only qualified personnel to administer its health facility claims.
b. Qualified defense counsel experienced in health facility law shall handle litigated claims.
c. Members of Program I shall use the "Claims Reporting and Handling Guidelines" in the PRISM Medical Malpractice
Program Operating and Guidelines Manual (hereinafter
Operating and Guidelines Manual), and shall advise its claims administrator that these claims handling guidelines are utilized in PRISM's medical malpractice claims audits.
2. Members of Program I shall provide PRISM written notice of any potential excess claim or "major incident" in accordance with the requirements of PRISM and of the excess carrier as stated in the Operating and Guidelines Manual. Updates on such claims or major incidents shall be provided as requested by PRISM.
3. A claims administration audit utilizing PRISM's Claims Reporting and Handling Guidelines in the Operating and Guidelines Manual shall be performed once every three (3) years. In addition, an audit will be performed within twelve (12) months of any of the following events:
a. There is an unusual fluctuation in the Member's claims experience or number of large claims, or
b. There is a change of health facility claims administration firms, or
April 25, 2023 Regular Meeting of the Lindsay City Council
c. The Member is a new member of the Medical Malpractice Program, or
d. The Medical Malpractice Committee requests an audit. The claims audit shall be performed by a firm(s) selected by PRISM.
Recommendations made in the claims audit shall be addressed by the Member and a written response outlining a program for corrective action shall be provided to PRISM within sixty (60) days of receipt of the audit.
4. Each Member shall maintain records of claims in each category of coverage (i.e. bodily injury, property damage, expense) or as defined by PRISM and shall provide such records to PRISM as directed by the Board of Directors or applicable committee. Such records shall include open and closed claims, allocated expenses, and shall not be capped by theMember’s self-insured retention.
5. Members of Program I shall obtain an actuarial study performed by a Fellow of the Casualty Actuarial Society (FCAS) at least once every three (3) years. Based upon the actuarial recommendations, the Member should maintain reserves and make funding contributions equal to or exceeding the present value of expected losses and a reasonable margin for contingencies.
6. The Member shall have an effective risk management program in accordance with the "Risk Management Guidelines" as stated in the Operating and Guidelines Manual.
B. Program II
1. For Medical Malpractice Program II (hereinafter Program II) Members, PRISM shall be responsible for the investigation, settlement, defense and appeal of any claim made, suit brought or proceeding instituted against the Member. PRISM may contract with a third party administrator for handling of such claims.
2. PRISM shall be responsible for ensuring the third party administrator uses qualified personnel to administer Program II claims.
3. PRISM shall be responsible for ensuring qualified defense counsel experienced in health facility law shall handle litigated claims.
4. PRISM shall be responsible for ensuring a claims administration audit utilizing PRISM's Claims Reporting and Handing Guidelines in the Operating and Guidelines Manual shall be performed once every two (2) years.
April 25, 2023 Regular Meeting of the Lindsay City Council
The claims audit shall be performed by a firm(s) selected by PRISM.
Recommendations made in the claims audit shall be addressed by the third party administrator and a written response outlining a program for corrective action shall be provided to PRISM within sixty (60) days of receipt of the audit.
5. PRISM shall be responsible for obtaining an actuarial study performed by a Fellow of the Casualty Actuarial Society (FCAS) annually.
6. The Member shall have an effective risk management program in accordance with the "Risk Management Guidelines" as stated in the Operating and Guidelines Manual.
VIII. SANCTIONS
A. PRISM shall provide the Member written notification of the Member's failure to meet any of the above-mentioned standards or of other concerns, which affect or could affect PRISM.
B. The Member shall provide a written response outlining a program for corrective action within sixty (60) days of receipt of PRISM's notification.
C. After approval by the Executive or applicable Program Committee of the Member's corrective program, the Member shall implement the approved program within ninety (90) days. The Member may request an additional sixty (60) days from the Executive or applicable Program Committee. Further requests for extensions shall be referred to the Board ofDirectors.
D. Failure to comply with subsections B or C may result in cancellation of the Member from the affected PRISM Program in accordance with the provisions in the Joint Powers Agreement.
E. Notwithstanding any other provision herein, any Member may be canceled pursuant to the provision of the Joint PowersAgreement.
April 25, 2023 Regular Meeting of the Lindsay City Council
1 EXHIBIT A
NATIONAL LIABILITY
CLAIMS ADMINISTRATION STANDARDS
The following Standards have been adopted by the Public Risk, Innovation, Solutions, and Management (hereinafter PRISM). It is the intent that these standards shall be followed by the Participant and/or third party administrator.
I. CLAIMS INVESTIGATION
A. Complete initial investigation answering questions such as who, what, where, when and why. Investigations shall be completed within forty-five (45) days of the Participant’s knowledge of claim, including statements from participants and witnesses, appropriate official reports, investigative reports, site inspections, relevant documents and photos/videos.
B. Identify liability issues, including immunities, comparative negligence, joint tortfeasors and joint and several liability.
C. Initiate the development of information on damages including, but not limited to:
1. Property damage
2. Nature and extent of injuries
3. Medical costs (billed and paid)
4. Lost wages (past and future)
5. Other economic damages
6. Non-economic damages
D. Obtain and review relevant contracts and insurance documents, to determine whether there is any sharing or complete transfer of the risk.
1. Hold-harmless and/or indemnity agreements
2. Additional insured requirements
E. Ensure proper preservation of evidence.
F. Evaluate the need to utilize experts.
G. Indexing.
1. All bodily injury claims shall be initially reported to the Index Bureau and re-indexed on an as needed basis thereafter.
PRISM maintains a membership with the Index Bureau that Participants can April 25, 2023 Regular Meeting of the Lindsay City Council
2 access.
H. Secure estimates or appraisals for damaged property.
I. All notices (pertaining to claim insufficiency, returning late claims, claims rejections, etc.) shall be done in accordance with the relevant Governmental Code provisions.
II. PRISM REPORTING REQUIREMENTS
A. First Report
The Participant shall give PRISM immediate written notice for any claims or suits which the Participant becomes aware of that include injury of the following types:
a. Death
b. Paralysis, paraplegia, quadriplegia
c. Loss of eye(s), or limbs
d. Spinal cord or brain injury
e. Dismemberment or amputation
f. Sensory organ or nerve injury or neurological deficit g. Serious burns
h. Severe scarring
i. Sexual assault or battery including but not limited to rape, molestation or sexual abuse
j. Substantial disability or disfigurement
k. Any class action
l. Any claim or suit in which PRISM is named as a defendant; or
m. Any injury caused by lead.
Additionally, the Participant must report to PRISM an occurrence, offense, or wrongful act as follows:
As respect to the General Liability 1 Program Participants, this includes any occurrence, offense, or wrongful act in which the amount incurred has reached 50 percent or more of their individual self-insured retention or $500,000, whichever is lower.
As respect to the General Liability 2 Program Participants, this includes any occurrence, offense, or wrongful act in which the amount incurred has reached 50 percent of their individual self-insured retention.
Utilize the current First Report Potential Excess Liability Claims form, April 25, 2023 Regular Meeting of the Lindsay City Council
3 available through PRISM’s website, and transmit to PRISM by email to [email protected].
First report forms shall, at a minimum, include the following:
Participant’s name
Participant’s claim number
Defense counsel’s name and firm name
Lead Claimant’s first and last name
Specific date of loss
Brief description of the incident
Established reserves for indemnity, litigation, and expense B. Status Reports
After the First Report to PRISM, status reports, whether provided by the Participant, third party administrator or defense counsel, shall be provided at a minimum of every ninety (90) days (more frequently if warranted). Status reports shall focus on changes in liability analysis, damages, and reserves.
C. Photos, diagrams, estimates, statements, contracts, medical, law enforcement and coroner's reports (where applicable), claim forms, lawsuits (including amended complaints), motions for summary judgment, demurrers, dismissals, appellate briefs and orders/rulings/judgments shall be in the claims file, and provided to PRISM, within ninety (90) days of receipt of the material.
D. Closure Reports
When a claim or suit that has been reported to PRISM is settled, dismissed or closed in any other fashion, PRISM shall be provided with the closing documents and an accounting of the final paid amounts on the exposure for indemnity, litigation, and expense within 90 days from the day the final defense bill is paid.
III. MEDICARE REPORTING
A. Proper verification of a claimant’s status as to Medicare eligibility shall be completed and documented in every file involving a bodily injury. In those cases where the claimant does meet the eligibility requirements, mandatory reporting to the Center for Medicare and Medicaid Services (CMS) must be completed directly or through a reporting agent in compliance with State Children’s Health Insurance Program (SCHIP) Section 111 of the Medicare Medicaid and SCHIP Extension Act of 2007.
April 25, 2023 Regular Meeting of the Lindsay City Council
4 IV. RESERVING
Each claim should be reviewed and evaluated according to the merits of the claim and based upon the most current and reliable information received, starting with the initial report of claim and continuing through final resolution. Delays result in understated reserves and, possibly, missed opportunities to settle.
A. An accurate and appropriate initial indemnity reserve shall be established on all reportable claims based on facts known, upon completion of the initial investigative report or when suit is filed, whichever occurs first. In addition, separate legal and adjusting reserves shall be established.
Indemnity reserves shall reflect the most probable outcome plus exposure to plaintiff attorney’s fees and costs.
Most probable outcome is the potential total amount a plaintiff could expect to receive, either through settlement or verdict, after factoring in the Participant’s percentage of liability. (This approach is neither the best nor worst case outcome).
Factors to consider when evaluating the potential total settlement or verdict a plaintiff could expect to receive include but are not limited to:
Extent of injuries and/or damages
Medical expenses
Loss of income
Any other related expenses
Future anticipated expenses
Total of both gross and out-of-pocket expenses
Permanent injury
Disfigurement/scarring
Pain and suffering
Any other intangible factors which may result in a higher or lower claim value such as jurisdiction, credibility of parties/witnesses, etc.
Percentage of liability is determined by various factors that are discovered during an investigation. Reserves shall be adjusted accordingly, as facts are developed, to properly reflect the exposure. These factors include but are not limited to:
a. Facts of loss
b. Applicable laws
c. Defense Counsel evaluations
d. Jury Verdict evaluation
e. The extent of plaintiff's liability (comparative negligence) April 25, 2023 Regular Meeting of the Lindsay City Council
5 f. The number of co-defendants and their percentage of liability g. The ability of the co-defendants to respond financially to any settlement or verdict
h. Any other mitigating factors
2. Reserves shall be set at the most probable outcome even if it exceeds the Participant’s Self-Insured Retention. In all litigated Excess reportable cases, the Participant shall set a meaningful indemnity reserve.
3. Reserves shall be evaluated for adequacy at least every ninety (90) days.
All reserve changes shall be documented in a paper or electronic file providing explanation of the reason for the reserve change or notation that the current reserve is adequate and why. PRISM shall be notified of all reserve changes within thirty (30) days of the change being made.
V. DOCUMENTATION
A. Each file shall contain information necessary to document the decisions made, including: all demands, offers of settlement and settlement authority.
For those cases in which the: (1) Bodily Injury claim is reserved above twenty five (25) percent of the SIR.; (2) Property Damage claim is reserved above twenty five (25) percent of the SIR; and (3) All claims that meet PRISM’s excess reporting requirements regardless of reserves, the following information shall be contained in each file:
1. Claimant(s) Information
2. Date of Loss
3. Claim Number
4. Facts of accident or occurrence
5. Witness/Participant Statement
6. Reserve rationale
7. Assessment of liability
8. Damages/injuries, including medical costs, lost wages, dependency, property damage estimates, total loss evaluations, loss of use claims, and other damages
9. Index Bureau reporting
10. Coverage questions
11. Excess potential
12. Structured Settlement possibilities (where applicable)
13. Alternative Dispute Resolution
14. Subrogation potential (where applicable)
15. Immunities
16. Future course of action
17. Next diary date
18. If litigated, identify counsel on both sides
April 25, 2023 Regular Meeting of the Lindsay City Council
6 19. Offsets or liens that may need to be considered
20. Medicare eligibility and reporting
21. Risk and insurance transfer
VI. CASE SETTLEMENT FACTORS
A. Settlement evaluation and authority by the Participant shall be documented.
On cases exceeding the SIR, prior written settlement authority must be obtained from PRISM.
B. The settlement shall be reasonable in light of damages, injuries, liability, and any obligations to Medicare.
C. Settlements shall be effected in a timely manner, with consideration given to structures, statutory offers (Rule 68 or state statute) where applicable, and/or alternative dispute resolution.
D. Contributions from joint tortfeasors shall be considered.
E. Proper releases and dismissals shall be secured and copies provided to PRISM.
VII. LITIGATED FILES
A. Defense litigation plan shall be in the file.
B. Defense attorney’s initial evaluation and budget shall be completed and in the file within sixty (60) days of assignment. If the billed amount of attorney’s fees and costs exceeds seventy-five (75) percent of the total budget, then the defense attorney shall provide an updated budget.
C. On litigated cases, defense counsel shall also include PRISM on their mailing lists for copies of correspondence, reports, evaluations, interrogatory summaries, deposition summaries and medical summaries. Actual deposition transcripts, interrogatories, their answers to interrogatories and interim billings are not required.
Updated reports shall provide a summary of pertinent information based on the status of a case. Pertinent information includes, but is not limited to:
Identified experts – what their analysis has concluded, their credibility as a witness (both plaintiff and defense), and how their testimony will/will not influence the case potential.
Witness deposition summaries including an evaluation of their April 25, 2023 Regular Meeting of the Lindsay City Council
7 credibility as a witness and how their testimony will/will not influence the case potential.
A summary of relevant documents disclosed or obtained through discovery and an analysis of their impact on the case.
A summary of applicable case law and immunities.
Updated evaluation of damages including, but not limited to, billed and paid medical bills, estimated future medical expenses, past and future wage loss estimates, and general damage estimates.
Analysis of liability and potential settlement/verdict value as well as suggested next steps (MSJ, Motion to Dismiss, Mediation, etc.).
D. The defense attorney shall make proper follow-up requests for investigation.
E. There shall be timely recommendations from defense firms regarding expert retention, settlements, and trial preparation.
F. Defense costs shall be controlled by the Participant. Depositions, retention of experts, expert costs, and other defense costs shall be approved by the Participant.
G. Litigation outcome and total costs shall be documented.
H. There shall be timely notification to relevant employees and other parties regarding pending litigation.
No less than forty-five (45) days prior to trial, counsel shall provide a pretrial report that discusses the following:
1. Case Summary
Plaintiff and any individual Defendants including counsel’s opinion as to how each will be viewed by a jury
List of claims
Summary of Facts
Expected percipient witness testimony
Expected Liability Expert Testimony
Summary of Critical Liability Issues
Summary of Special and General Damages including
expected damage expert testimony
Summary of Punitive Damages and non-monetary relief
requested (if applicable)
Attorneys’ fees and costs estimate for claims that involve April 25, 2023 Regular Meeting of the Lindsay City Council
8 the potential award of attorneys’ fees
2. Evaluation
Potential Verdict Value
Comparative Fault Analysis
Settlement Discussion summary
Probability of Defense Verdict
Throughout trial, a daily trial status update shall be provided to PRISM by defense counsel, the Participant, or the Third-Party Administrator. This can be informal, such as an email or voicemail advising of the day’s activities, impressions of witnesses, any impacting developments, and an update regarding the next day’s schedule.
I. Appropriate Dismissal Motions shall be made for failure to meet the applicable jurisdictional statutes for timely serving a complaint, conducting discovery, or bringing a complaint to trial.
VIII. SUMMARY
The file shall be completely documented. Audits conducted by PRISM’s Auditor shall measure whether performance is consistent with these standards.
April 25, 2023 Regular Meeting of the Lindsay City Council
Adopted: March 5, 1993
Amended: October 4, 1996
Amended: October 6, 2006
Amended: March 6, 2009
MEMORANDUM OF UNDERSTANDING
EXCESS WORKERS' COMPENSATION PROGRAM
This Memorandum of Understanding is entered into by and between Public Risk Innovation, Solutions, and Management (hereinafter referred to as "PRISM") and the participating members who are signatories to this Memorandum.
1. Joint Powers Agreement. Except as otherwise provided herein, all terms used herein shall be as defined in Article 1 of the Joint Powers Agreement Creating PRISM (hereinafter referred to as "Agreement"), and all other provisions of the Agreement not in conflict with this Memorandum shall be applicable.
2. Annual Premium. The participating members, in accordance with the provisions of Article 14(b)(2) of the Agreement, shall be assessed an annual premium for the purpose of funding the Excess Workers' Compensation Program (hereinafter referred to as the "Program"). Annual premiums shall include expected losses for the policy period, including Incurred But Not Reported losses (IBNR), as well as a margin for contingencies based upon a confidence level as determined by the Board of Directors of PRISM (hereinafter Board), and adjustments, if any, for a surplus or deficit from all program policy periods. In addition, the premium shall include program reinsurance costs and program administrative costs, plus PRISM's general expense allocated to the Program by the Board for the next policy period.
3. Cost Allocation. Each participating member’s share of annual premium shall be determined pursuant to a cost allocation plan as described in Article 14(b)(2) of the Agreement. The Board approved cost allocation plan is attached hereto as Exhibit A and may be amended from time to time by an affirmative vote of the majority of the Board representing the members participating in the Program.
4. Dividends and Assessments. The Program shall be funded in accordance with paragraph 2 above. In general, the annual premium, as determined by the Board, will be established at a level which will provide adequate overall funding without the need for adjustments to past policy period(s) in the form of dividends and assessments. However, should the Program for any reason not be adequately funded, except as otherwise provided herein, pro-rata assessments to the participating members may be utilized to ensure the approved funding level for those policy periods individually or for a block of policy periods, in accordance with the provisions of Article 14(b)(3) of the Agreement.
April 25, 2023 Regular Meeting of the Lindsay City Council
PRISM Amended: March 6, 2009
Excess Workers’ Compensation Program MOU
Pro-rata dividends will be declared as provided herein. Dividends may also be declared as deemed appropriate by the Board.
5. Closure of Policy Periods. Notwithstanding any other provision of this Memorandum, the following provisions are applicable:
(a) Upon reaching ten (10) years of maturity after the end of a program period, that period shall be "closed" and there shall be no further dividends declared or assessments made with respect to those program periods except as set forth in paragraph 6(a), below;
(b) Notwithstanding sub-paragraph (a) above, the Board may take action to leave a policy period "open" even though it may otherwise qualify for closure. In addition, the last ten (10) policy periods shall always remain "open" unless the Board takes specific action to declare any of the last ten (10) policy periods closed.
(c) Dividends and assessments (other than as outlined in paragraph 6(a), below) shall be administered to the participating members based upon the proportion of premiums paid to the Program in "open" periods only. For purposes of administering dividends and assessments pursuant to this subparagraph, all "open" policy periods shall be considered as one block. New members to the Program shall become eligible for dividends and assessments upon participating in the Program for three (3) consecutive policy periods (not less than 24 months). Participating members who withdraw from the Program prior to the three-year policy period restriction are still eligible for any assessments that arose out of the policy years they participated in the Program.
6. Declaration of Dividends. Dividends shall be payable from the Program to a participating member in accordance with its proportionate funding to the Program during all “open” policy periods except as follows:
(a) A dividend shall be declared at the time a program period is closed on all amounts which represent premium surcharge amounts assessed pursuant to Article 14(b)(3) of the Agreement where the funding exceeds the 80% confidence level. This dividend shall be distributed based upon each member’s proportionate share of assessment paid and accrued to the policy period being closed.
April 25, 2023 Regular Meeting of the Lindsay City Council
PRISM Amended: March 6, 2009
Excess Workers’ Compensation Program MOU
7. Memorandum of Coverage. A Memorandum of Coverage will be issued by PRISM evidencing membership in the Program and setting forth terms and conditions of coverage.
8. Claims Administration. Each participating member is required to comply with PRISM’s Underwriting and Claims Administration Standards (including Addendum A - W.C. Claims Administration Guidelines) as amended from time-to-time, and which are attached hereto as Exhibit B and incorporated herein.
9. Late Payments. Notwithstanding any other provision to the contrary regarding late payment of invoices or cancellation from a Program, at the discretion of the Executive Committee, any member that fails to pay an invoice when due may be given a ten (10) day written notice of cancellation.
10. Disputes. Any question or dispute with respect to the rights and obligations of the parties to this Memorandum regarding coverage shall be determined in accordance with the Joint Powers Agreement Article 31, Dispute Resolution.
11. Amendment. This Memorandum may be amended by two-thirds of PRISM’s Board of Directors and signature on the Memorandum by the member’s designated representative who shall have authority to execute this Memorandum. Should a member of the Program fail to execute any amendment to this Memorandum within the time provided by the Board, the member will be deemed to have withdrawn as of the end of the policy period.
12. Complete Agreement. Except as otherwise provided herein, this Memorandum constitutes the full and complete agreement of the members.
13. Severability. Should any provision of this Memorandum be judicially determined to be void or unenforceable, such determination shall not affect any remaining provision.
14. Effective Date. This Memorandum shall become effective on the effective date of coverage for the member and upon approval by the Board of any amendment, whichever is later.
15. Execution in Counterparts. This Memorandum may be executed in several counterparts, each of which shall be an original, all of which shall constitute but one and the same instrument.
April 25, 2023 Regular Meeting of the Lindsay City Council
PRISM Amended: March 6, 2009
Excess Workers’ Compensation Program MOU
IN WITNESS WHEREOF, the undersigned have executed this Memorandum as of the date set forth below.
Dated: ________________ ______________________________________ Public Risk Innovation, Solutions, and Management
Dated: ________________ ______________________________________ Member Entity: _________________________
3/6/2009
April 25, 2023 Regular Meeting of the Lindsay City Council
Last Amended: 3/7/2003
EXHIBIT A
EXCESS WORKERS’ COMPENSATION PROGRAM
COST ALLOCATION PLAN
As delegated by the Board of Directors, the Executive Committee will determine the specific allocation of all costs among the members subject to the following parameters:
Actuarial Analysis
An annual actuarial analysis will be performed using loss data and payroll collected from the members. The analysis will determine the necessary funding rates at various confidence levels and using various discount assumptions.
Different rates may be developed for different groups or classes of business as is deemed necessary or appropriate by the Executive Committee. At the March Board meeting, the Board of Directors will select the funding level rates and discount factors to be used based upon the actuarial analysis and recommendations from the Actuary, the Underwriting Committee and the Executive Committee.
Pool Contributions
The total needed deposit pool contribution will be determined by multiplying the rates described above by the payroll for all of the members participating in the pool. Estimated payroll for the year being funded will be used. The Executive Committee may break the pool into different layers for allocation purposes, and may apply a different loss experience modification for each layer as is deemed appropriate based on loss frequency. In general, the lower layers will be subject to greater experience modification and the higher layers will be subject to lower experience modification or no experience modification. Within the layers, the larger members will be subject to greater experience modification than the smaller members. After the experience modification has been applied for each layer, there will be a pro-rata adjustment back to the total needed deposit pool contribution. This amount will be collected from the members at the beginning of the policy period. The actual payroll for the period will be determined after the completion of the policy period and an adjustment to each member’s pool contribution will be made to account for the difference between the estimated and actual payroll. Additional contributions will be collected or return contributions will be refunded as appropriate.
Reinsurance Premiums
The reinsurance premium will be determined through negotiations with the reinsurer(s) and approved by the Board upon recommendation of the Underwriting and Executive Committees. This premium will then be allocated among the members based upon their estimated payroll. Adjustments will be April 25, 2023 Regular Meeting of the Lindsay City Council
EWC Program MOU
Exhibit A
made based on the actual payroll upon completion of the policy period in the same manner as described in the Pool Contribution section above.
PRISM Administration Fees
The total PRISM Administration Fees will be determined through the annual budgeting process with an appropriate amount allocated to the Excess Workers’ Compensation Program. These fees will be allocated among the members as determined by the Executive Committee. In general, the basis for this allocation will be each member’s percentage of the total pool contributions and reinsurance premium.
Deviation From the Standard
The Executive Committee may establish policies to deviate from the standard allocation methodology selected for each year on a case-by-case basis, if necessary. They may also elect to further delegate some or all of the decisionmaking authority described herein to the Underwriting Committee.
April 25, 2023 Regular Meeting of the Lindsay City Council
Adopted: December 6, 1985
Last Amended: July 1, 2019
PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT (PRISM)
UNDERWRITING AND CLAIMS ADMINISTRATION STANDARDS
I. GENERAL
A. Each Member shall appoint an official or employee of the Member to be responsible for the risk management function and to serve as a liaison between the Member and PRISM for all matters relating to risk management.
B. Each Member shall maintain a loss prevention program and shall consider and act upon all recommendations of PRISM concerning the reduction of unsafe conditions.
II. EXCESS WORKERS' COMPENSATION PROGRAM
A. Members of the Excess Workers’ Compensation Program, except those members of the Primary Workers’ Compensation Program whose responsibilities are outlined in Section IV below, shall be responsible for the investigation, settlement, defense and appeal of any claim made, suit brought or proceeding instituted against the Member.
1. The Member shall use only qualified personnel to administer its workers' compensation claims. At least one person in the claims office (whether in-house or outside administrator) shall be certified by the State of California as a qualified administrator of self-insured workers' compensation plans.
2. Qualified defense counsel experienced in workers’
compensation law and practice shall handle litigated claims.
Members are encouraged to utilize attorneys who have the designation “Certified Workers’ Compensation Specialist, the State Bar of California, Board of Legal Specialization”.
3. The Member shall use PRISM's Workers' Compensation Claims Administration Standards (Addendum A) and shall advise its claims administrator that these standards are utilized in PRISM's workers' compensation claims audits.
B. The Member shall provide PRISM written notice of any potential excess workers' compensation claims in accordance with the requirements of PRISM's Bylaws. Updates on such claims shall be provided pursuant to the reporting provisions of PRISM’s Workers’
EXHIBIT B
April 25, 2023 Regular Meeting of the Lindsay City Council
Compensation Claims Administration Standards (Addendum A) or as requested by PRISM and/or PRISM's excess carrier.
C. A claims administration audit utilizing PRISM's Workers' Compensation Claims Administration Standards (Addendum A) shall be performed once every two (2) years. In addition, an audit will be performed within twelve (12) months of any of the followingevents:
1. There is an unusual fluctuation in the Member's claim experience or number of large claims, or
2. There is a change of workers' compensation claims administration firms, or
3. The Member is a new member of the Excess Workers’ Compensation Program.
The claims audit shall be performed by a firm selected by PRISM unless an exception is approved. Recommendations made in the claims audit shall be addressed by the Member and a written response outlining a program for corrective action shall be provided to PRISM within sixty (60) days of receipt of the audit.
D. Each Member shall maintain records of claims in each category of coverage (i.e. indemnity, medical, expense) or as defined by PRISM and shall provide such records to PRISM as directed by the Board of Directors, Claims Review Committee, Underwriting Committee, or Executive Committee. Such records shall include both open and closed claims, allocated expenses, and shall not be capped by the Member’s self-insured retention.
E. The Member shall obtain an actuarial study performed by a Fellow of the Casualty Actuarial Society (FCAS) at least once every three (3) years. Based upon the actuarial recommendations, the Member should maintain reserves and make funding contributions equal to or exceeding the present value of expected losses and a reasonable margin for contingencies.
III. GENERAL LIABILITY PROGRAMS
A. Members of the General Liability 1 or General Liability 2 Programs, except those members of the Deductible Buy-Down Program whose responsibilities are outlined in Section V below, shall be responsible for the investigation, settlement, defense and appeal of any claim made, suit brought or proceeding instituted against the Member.
1. The Member shall use only qualified personnel to administer its liability claims.
April 25, 2023 Regular Meeting of the Lindsay City Council
2. Qualified defense counsel experienced in tort liability law shall handle litigated claims. Members are encouraged to utilize defense counsel experienced in the subject at issue in thelitigation.
3. The Member shall use the Liability Claims Administration Standards (Addendum B) and shall advise its claims administrator that these standards are utilized in PRISM's liability claims audits.
B. The Member shall provide PRISM written notice of any potential excess liability claim in accordance with the requirements of PRISM's Bylaws.
Updates on such claims shall be provided pursuant to the reporting provisions of PRISM’s Liability Claims Administration Standards (Addendum B) or as requested by PRISM and/or PRISM's excess carrier.
C. A claims administration audit utilizing PRISM's Liability Claims Administration Standards (Addendum B) shall be performed once every two (2) years. In addition, an audit will be performed within twelve (12) months of any of the followingevents:
1. There is an unusual fluctuation in the Member's claims experience or number of large claims, or
2. There is a change of liability claims administration firms, or
3. The Member is a new member of the General Liability 1 or General Liability 2 Program.
The claims audit shall be performed by a firm selected by PRISM unless an exception is approved. Recommendations made in the claims audit shall be addressed by the Member and a written response outlining a program for corrective action shall be provided to PRISM within sixty (60) days of receipt of the audit.
D. Each Member shall maintain records of claims in each category of coverage (i.e. bodily injury, property damage, expense) or as defined by PRISM and shall provide such records to PRISM as directed by the Board of Directors or applicable committee. Such records shall include open and closed claims, allocated expenses, and shall not be capped by the Member’s self-insured retention.
E. The Member shall obtain an actuarial study performed by a Fellow of the Casualty Actuarial Society (FCAS) at least once every three (3) years. Based upon the actuarial recommendations, the Member should maintain reserves and make funding contributions equal to or exceeding the present value of expected losses and a reasonable margin for contingencies.
April 25, 2023 Regular Meeting of the Lindsay City Council
IV. PRIMARY WORKERS’ COMPENSATION PROGRAM
A. Members of the Primary Workers’ Compensation Program shall provide the third party administrator written notice of any claim in accordance with the requirements of PRISM. Members must also cooperate with the third party administrator in providing all necessary information in order for claims to be administered appropriately.
B. PRISM shall be responsible for ensuring qualified personnel administer claims in the Primary Workers’ Compensation Program and that claims are administered in accordance with PRISM’s Workers’ Compensation Claims Administration Standards (Addendum A).
C. PRISM shall be responsible for ensuring a claims administration audit utilizing PRISM’s Workers’ Compensation Claims Administration Standards (Addendum A) is performed once every two (2) years.
D. PRISM shall be responsible for obtaining an actuarial study performed by a Fellow of the Casualty Actuarial Society (FCAS)annually.
V. DEDUCTIBLE BUY-DOWN PROGRAM
A. Members of the Deductible Buy-Down Program shall provide the third party administrator written notice of any claim or incident in accordance with the requirements of PRISM. Members must also cooperate with the third party administrator in providing all necessary information in order for claims to be administeredappropriately.
B. PRISM shall be responsible for ensuring qualified personnel administer claims in the Deductible Buy-Down Program and that claims are administered in accordance with PRISM’s Liability Claims Administration Standards (Addendum B).
C. PRISM shall be responsible for ensuring a claims administration audit utilizing PRISM’s Liability Claims Administration Standards (Addendum B) is performed once every two (2) years.
D. PRISM shall be responsible for obtaining an actuarial study performed by a Fellow of the Casualty Actuarial Society (FCAS)annually.
VI. PROPERTY PROGRAM
A. Members of the Property Program shall maintain appropriate records including a complete list of insured locations and schedule of values pertaining to all real property. Such records shall be provided to PRISM or its brokers as requested by the Executive or Property Committees.
April 25, 2023 Regular Meeting of the Lindsay City Council
B. Each Member shall perform a real property replacement valuation for all locations over $250,000. Valuations shall be equivalent to the Marshall Swift system and shall be performed at least once every five (5) years for all locations over $1,000,000 and at least once every ten (10) years for all locations with a valuation between $250,000 and $1,000,000. New members shall have an appraisal or valuation performed within one year from entry into the Program.
VII. MEDICAL MALPRACTICE PROGRAM
A. Program I
1. Members of Medical Malpractice Program I (hereinafter Program I) shall be responsible for the investigation, settlement, defense and appeal of any claim made, suit brought or proceeding instituted against the Member.
a. Members of Program I shall use only qualified personnel to administer its health facility claims.
b. Qualified defense counsel experienced in health facility law shall handle litigated claims.
c. Members of Program I shall use the "Claims Reporting and Handling Guidelines" in the PRISM Medical Malpractice
Program Operating and Guidelines Manual (hereinafter
Operating and Guidelines Manual), and shall advise its claims administrator that these claims handling guidelines are utilized in PRISM's medical malpractice claims audits.
2. Members of Program I shall provide PRISM written notice of any potential excess claim or "major incident" in accordance with the requirements of PRISM and of the excess carrier as stated in the Operating and Guidelines Manual. Updates on such claims or major incidents shall be provided as requested by PRISM.
3. A claims administration audit utilizing PRISM's Claims Reporting and Handling Guidelines in the Operating and Guidelines Manual shall be performed once every three (3) years. In addition, an audit will be performed within twelve (12) months of any of the following events:
a. There is an unusual fluctuation in the Member's claims experience or number of large claims, or
b. There is a change of health facility claims administration firms, or
April 25, 2023 Regular Meeting of the Lindsay City Council
c. The Member is a new member of the Medical Malpractice Program, or
d. The Medical Malpractice Committee requests an audit. The claims audit shall be performed by a firm(s) selected by PRISM.
Recommendations made in the claims audit shall be addressed by the Member and a written response outlining a program for corrective action shall be provided to PRISM within sixty (60) days of receipt of the audit.
4. Each Member shall maintain records of claims in each category of coverage (i.e. bodily injury, property damage, expense) or as defined by PRISM and shall provide such records to PRISM as directed by the Board of Directors or applicable committee. Such records shall include open and closed claims, allocated expenses, and shall not be capped by theMember’s self-insured retention.
5. Members of Program I shall obtain an actuarial study performed by a Fellow of the Casualty Actuarial Society (FCAS) at least once every three (3) years. Based upon the actuarial recommendations, the Member should maintain reserves and make funding contributions equal to or exceeding the present value of expected losses and a reasonable margin for contingencies.
6. The Member shall have an effective risk management program in accordance with the "Risk Management Guidelines" as stated in the Operating and Guidelines Manual.
B. Program II
1. For Medical Malpractice Program II (hereinafter Program II) Members, PRISM shall be responsible for the investigation, settlement, defense and appeal of any claim made, suit brought or proceeding instituted against the Member. PRISM may contract with a third party administrator for handling of such claims.
2. PRISM shall be responsible for ensuring the third party administrator uses qualified personnel to administer Program II claims.
3. PRISM shall be responsible for ensuring qualified defense counsel experienced in health facility law shall handle litigated claims.
4. PRISM shall be responsible for ensuring a claims administration audit utilizing PRISM's Claims Reporting and Handing Guidelines in the Operating and Guidelines Manual shall be performed once every two (2) years.
April 25, 2023 Regular Meeting of the Lindsay City Council
The claims audit shall be performed by a firm(s) selected by PRISM.
Recommendations made in the claims audit shall be addressed by the third party administrator and a written response outlining a program for corrective action shall be provided to PRISM within sixty (60) days of receipt of the audit.
5. PRISM shall be responsible for obtaining an actuarial study performed by a Fellow of the Casualty Actuarial Society (FCAS) annually.
6. The Member shall have an effective risk management program in accordance with the "Risk Management Guidelines" as stated in the Operating and Guidelines Manual.
VIII. SANCTIONS
A. PRISM shall provide the Member written notification of the Member's failure to meet any of the above-mentioned standards or of other concerns, which affect or could affect PRISM.
B. The Member shall provide a written response outlining a program for corrective action within sixty (60) days of receipt PRISM's notification.
C. After approval by the Executive or applicable Program Committee of the Member's corrective program, the Member shall implement the approved program within ninety (90) days. The Member may request an additional sixty (60) days from the Executive or applicable Program Committee. Further requests for extensions shall be referred to the Board ofDirectors.
D. Failure to comply with subsections B or C may result in cancellation of the Member from the affected PRISM Program in accordance with the provisions in the Joint Powers Agreement.
E. Notwithstanding any other provision herein, any Member may be canceled pursuant to the provision of the Joint PowersAgreement.
April 25, 2023 Regular Meeting of the Lindsay City Council
ADDENDUM TO EXHIBIT B
Adopted: December 6, 1985
Last Amended: July 1, 2019
ADDENDUM A
WORKERS' COMPENSATION
CLAIMS ADMINISTRATION STANDARDS
The following Standards have been adopted by Public Risk Innovation, Solutions, and Management (hereinafter PRISM) in accordance with Article 18(b) of the PRISM Joint Powers Agreement. It is the intent of these Standards to ensure compliance with all applicable Labor Code and California Code of Regulations Sections. In the event that there exists a conflict between the Standards, the Labor Code or the Code of Regulations, the most stringent requirement shall apply.
I. CLAIMS HANDLING - ADMINISTRATIVE
A. Case Load
1. Each claims examiner assigned to the Member should handle a targeted caseload of 150 but not to exceed 165 claims. In situations where caseloads include future medical and medical only claims, these claims shall be counted as 2:1 in the caseload limit.
2. Supervisory personnel should not handle a caseload, although they may handle specific issues or a small number of conflict claims.
B. Case Review and Documentation
1. Documentation shall reflect any significant developments in the file and include a plan of action. Plan of action statements shall be updated at the time of examiner diary review.
2. The examiner shall review indemnity and medical-only files at intervals not to exceed 45 calendar days. Future medical files shall be reviewed at intervals not to exceed 90 calendar days.
3. The supervisor shall review all new claims within 60 calendar days of initial set up and subsequently monitor activity on indemnity files at intervals not to exceed 120 calendar days. Future medical files shall be reviewed by the supervisor at intervals not to exceed 180 calendar days.
April 25, 2023 Regular Meeting of the Lindsay City Council
4. File contents shall comply with Code of Regulations Sections 10101, 10101.1 and 15400, and be kept in a neat and orderly fashion. If claims are maintained in a paperless system, documents shall be clearly identified (e.g., medical report, WCAB Orders, legal, etc.).
5. Medical Only Claims
a. If a medical-only claim is still open at 90 calendar days, it shall be transferred to an indemnity examiner.
b. If, at any time, it is anticipated there will be indemnity benefits paid, the claim shall be transferred to an indemnity claim type. c. If the medical-only claim remains open at 180 days, the claim shall be converted to an indemnity claim type, unless there is documentation showing that medical treatment will be ending and the claimant will be discharged from care within the next 30 days, or the claimant is only seeking treatment for a bloodborne pathogen exposure protocol.
C. Communication
1. Telephone Inquiries
Return calls shall be made within 1 working day of the original telephone inquiry. All documentation shall reflect these efforts.
2. Incoming Correspondence
All correspondence received shall be clearly stamped with the date of receipt.
3. Return Correspondence
All correspondence requiring a written response shall have such response completed and transmitted within 5 working days of receipt.
4. Ongoing Claimant Contact
On cases involving unrepresented injured workers who are off work, telephone contact shall be made at a minimum of once every 30 days and within 3 working days after discharge from the hospital or outpatient facility following a surgical procedure. This is in addition to nurse case management involvement on claims where nurse case managers are assigned.
April 25, 2023 Regular Meeting of the Lindsay City Council
D. Fiscal Handling
1. Fiscal handling for indemnity benefits on active cases shall be balanced with appropriate file documentation on a semi-annual basis and prior to sending a benefit termination notice to verify that statutory benefits are paid appropriately. Balancing is defined as, “an accounting of the periods and amounts due in comparison with what was actually paid”.
2. In cases of multiple losses with the same person, payments shall be made on the appropriate claim file.
E. Medicare Reporting
Mandatory reporting to the Center for Medicaid Services (CMS) shall be completed directly or through a reporting agent in compliance with Section 111 of the Medicare Medicaid and SCHIP Extension Act of 2007 (“MMSEA”). Medicare eligibility shall be documented in the claim file at time of settlement evaluation.
II. CLAIM CREATION
A. Three-Point Contact
Three-point contact shall be conducted on all claims with the nonrepresented injured worker, employer representative and treating physician within 3 working days of receipt of the claim by the third party administrator or self-administered entity. If a nurse case manager is assigned to the claim, initial physician contact may be conducted by either the claims examiner or the nurse case manager. This initial contact should be substantive and clearly documented in the claim file. In the event a party is non-responsive, there shall be evidence of at least three documented attempts to reach the individual.
B. Compensability
1. The initial compensability determination (accept claim, deny claim or delay acceptance pending the results of additional investigation) and the reasons for such a determination shall be made and documented in the file within 14 calendar days of the filing of the claim with the employer. In the event the claim is not received by the third party administrator or self-administered entity within 14 calendar days of the filing of the claim with the employer, the third party administrator or self-administered entity shall make the initial compensability determination within 7 calendar days of receipt of the claim.
April 25, 2023 Regular Meeting of the Lindsay City Council
2. Delay of benefit letters shall be mailed in compliance with the Division of Workers’ Compensation (DWC) guidelines. In the event the employer does not provide notice of lost time to the third party administrator or self-administered entity timely to comply with DWC guidelines, the third party administrator or self-administered entity shall mail the benefit letters within 7 calendar days of notification.
3. The final compensability determination shall be made by the claims examiner or supervisor within 90 calendar days of employer receipt of the claim form.
C. AOE/COE Investigation
If a decision is made to delay benefits on a claim, an AOE/COE investigation shall be initiated within 3 working days of the decision to delay. This may include, but is not limited to, assigning out for witness/injured worker statements, initiating the QME/AME process, requesting medical records, etc.
D. Reserves
1. Using the information available at claim file set up, an initial reserve shall be established for the most probable case value.
2. The initial reserve shall be electronically posted to the claim within 14 calendar days of receipt of the claim.
E. Indexing
All claims shall be reported to the Index Bureau at time of initial set up and re-indexed on an as needed basis thereafter. Blood borne pathogen exposure claims are an exception to this requirement.
PRISM maintains membership with the Index Bureau that members can access.
III. CLAIM HANDLING – TECHNICAL
A. Payments
1. Initial Temporary and Permanent Disability Indemnity Payment a. The initial indemnity payment shall be issued to the injured worker within 14 calendar days of knowledge of the injury and disability. In the event the third party administrator or selfadministered entity is not notified of the injury and disability April 25, 2023 Regular Meeting of the Lindsay City Council
within 14 calendar days of the employer’s knowledge, the third party administrator or self-administered entity shall make payment within 7 calendar days of notification. Initial permanent disability payments shall be issued within 14 calendar days after the date of last payment of temporary disability. Effective 1/1/2013, permanent disability payments shall be issued upon approval of an Award pursuant to Labor Code Section 4650(b)(2). Prior to a PD Award, advances may be due if the employer has not offered the employee a position paying at least 85% of their wages and compensation at time of injury or the employee is not employed in a position paying at least 100% of their wages and compensation at time of injury. This shall not apply with salary continuation.
b. The properly completed DWC Benefit Notice shall be mailed to the employee within 14 calendar days of the first day of disability. In the event the third party administrator or selfadministered entity is not notified of the first day of disability until after 14 calendar days, the DWC Benefit Notice shall be mailed within 7 calendar days of notification.
c. Self-imposed penalty shall be paid on late payments in accordance with Section III. A.7 of this document.
d. Overpayments shall be identified and reimbursed timely where appropriate. The third party administrator or selfadministered entity shall request reimbursement of overpaid funds from the party that received the funds. If necessary, a credit shall be sought as part of any resolution of the claim.
2. Subsequent Temporary and Permanent Disability Payments a. Eligibility for indemnity payments subsequent to the first payment shall be verified, except for established long-term disability.
b. Ongoing indemnity payments shall be paid in accordance with Labor Code Section 4650(c).
c. Subsequent DWC benefit notices shall be issued in
accordance with CCR 9812.
d. Self-imposed penalty shall be paid on late payments in accordance with Section III. A.7 of this document.
3. Final Temporary and Permanent Disability Payments
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a. All final indemnity payments shall be issued timely. b. The appropriate DWC benefit notices shall be issued in accordance with CCR 9812.
c. Self-imposed penalty shall be paid on late payments in accordance with Section III. A.7. of this document.
4. Award Payments
a. The claim file shall reflect demonstrated efforts to initiate/batch payments on undisputed Awards,
Commutations, or Compromise and Release agreements
within 10 working days following receipt of the appropriate document, unless the Award indicates payment is due sooner. b. For all claims in the Primary Workers’ Compensation (PWC) Program and/or excess reportable claims, copies of all
Awards shall be provided to PRISM at time of payment.
5. Medical Payments
a. Medical treatment billings (physician, pharmacy, hospital, physiotherapist, etc.) shall be reviewed for correctness, approved for payment and paid within 60 days of receipt. b. The medical provider shall be notified in writing within 30 days of receipt of an itemized bill if a medical bill is contested, denied or incomplete.
c. A bill review process should be utilized whenever possible.
There should be participation in a PPO and/or MPN whenever possible.
6. Injured Worker Reimbursement Expense
a. Reimbursements to injured workers shall be issued within 15 working days of the receipt of the claim for reimbursement. b. Advance travel expense payments shall be issued to the injured worker 10 working days prior to the anticipated date of travel.
7. Penalties
April 25, 2023 Regular Meeting of the Lindsay City Council
a. Penalties shall be coded so as to be identified as a penalty payment.
b. If the Member utilizes a third party administrator, the Member shall be advised of the assessment of any penalty for delayed payment and the reason thereof, and the administrator’s plans for payment of such penalty, on a monthly basis.
c. If the Member utilizes a third party administrator, the Member, in their contract with the administrator, shall specify who is responsible for specific penalties.
B. Medical Treatment
1. Each Member shall have in place a Utilization Review process as set forth in Labor Code Section 4610.
2. Disputes regarding utilization review determinations shall be resolved using the Independent Medical Review process set forth in Labor Code Section 4610.5.
3. Nurse case managers shall be utilized where appropriate. Rationale for assignment and continued necessity shall be documented in the claim notes at each regular diary review.
4. If enrolled in a Medical Provider Network, the network shall be utilized whenever appropriate.
C. Apportionment
1. Investigation into the existence of apportionment shall be documented.
2. If potential apportionment is identified, all efforts to reduce exposure shall be pursued.
D. Disability Management
1. The third party administrator or self-administered entity shall work proactively to obtain work restrictions and/or a release to full duty on all cases. The TPA or self-administered entity shall notify a designated Member representative immediately upon receipt of temporary work restrictions or a release to full duty, and work closely with the Member to establish a return to work as soon as possible.
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2. The third party administrator or self-administered entity shall notify a designated Member representative immediately upon receipt of an employee’s permanent work restrictions so that the Member can determine the availability of alternative, modified or regular work.
3. If there is no response within 20 calendar days, the third party administrator or self-administered entity shall follow up with the designated Member representative.
4. Members shall have in place a process for complying with laws preventing disability discrimination, including Government Code Section 12926.1, which requires an interactive process with the injured worker when addressing a return to work particularly with permanent work restrictions.
5. Third party administrators or self-administered claims professional shall cooperate with members to the fullest extent, in providing medical and other information the member deems necessary for the member to meet its obligations under federal and state disability laws.
E. Supplemental Job Displacement Benefits
1. Supplemental Job Displacement Benefits – Dates of injury on or after 1/1/04 and before 1/1/13: Benefits pursuant to Labor Code Section 4658.5 shall be timely provided. Dates of injury on or after 1/1/13:
Benefits pursuant to Labor Code 4658.7 shall be timely provided.
2. The third party administrator or self-administered entity shall secure the prompt conclusion of SJDB.
F. Reserving
1. Reserves shall be reviewed at regular diary and at time of any significant event, e.g. - surgery, P&S/MMI, return to work, etc., and adjusted accordingly. This review shall be documented in the file regardless of whether a reserve change was made. Where the SIP model does not apply, claims shall be reserved for the most probable value.
2. Indemnity reserves shall reflect actual temporary disability indemnity exposure with 4850 differential listed separately.
3. Permanent disability indemnity exposure shall include life pension reserve if appropriate.
April 25, 2023 Regular Meeting of the Lindsay City Council
4. Future medical claims shall be reserved in compliance with CCR 15300 (b)(4) allowing adjustment for reductions in the approved medical fee schedule, undisputed utilization review, medically documented non-recurring treatment costs and medically
documented reductions in life expectancy.
5. Allocated expense reserves shall include medical cost containment, legal, investigation, copy service and other related fees.
6. A reserve worksheet shall be utilized and/or detailed rationale substantiating reserve levels shall be documented within the claim file.
G. Resolution of Claim
1. Within 10 working days of receiving medical information indicating that a claim can be finalized, the claims examiner shall begin appropriate action to finalize the claim.
2. Follow up finalization efforts shall continue and be documented at regular diary reviews until resolution is complete.
3. Settlement value shall be documented appropriately utilizing all relevant information.
4. Where settlement includes resolution of future medical for a Medicare beneficiary or an expected Medicare beneficiary, the settlement shall document the strategy to protect Medicare’s secondary payer status.
5. Pursuant to CCR15400.2, claim files with awards for future benefits shall be reviewed for administrative closure two years after the last provision of benefits.
H. Settlement Authority
1. No agreement shall be authorized involving liability, or potential liability, of PRISM without the advance written consent of PRISM.
The member shall be notified of any settlement request submitted to PRISM.
2. The third party administrator shall obtain the Member’s authorization on all settlements or stipulations in excess of the settlement authority provided in any provision of the individual contract between the Member and the claims administrator.
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3. Proof of settlement authorization(s) shall be maintained in the claim file.
IV. LITIGATED CASES
The third party administrator or self-administered entity shall establish written guidelines for the handling of litigated cases. The guidelines should, at a minimum, include the points below, which may be adopted and incorporated by reference as "the Guidelines".
1. The third party administrator or self-administered entity shall promptly initiate investigation of issues identified as material to potential litigation. The Member shall be alerted to the need for in-house investigation, or the need for a contract investigator who is acceptable to the Member. The Member shall be kept informed on the scope and results of investigations.
2. The third party administrator or self-administered entity shall, in consultation with the Member, assign defense counsel from a list approved by the Member. Initial referral and ongoing litigation management shall be timely and appropriate. The third party administrator or self-administered entity shall maintain control of the ongoing claim activities.
3. Settlement proposals directed to the Member shall be forwarded by the third party administrator, self-administered entity or defense counsel in a concise and clear written form with a reasoned recommendation. Settlement proposals shall be presented to the Member as directed so as to insure receipt in sufficient time to process the proposal.
4. Knowledgeable Member personnel shall be involved in the preparation for medical examinations and trial, when appropriate or deemed necessary by the Member so that all material evidence and witnesses are utilized to obtain a favorable result for the defense.
5. The third party administrator or self-administered entity shall comply with any reporting requirement of the Member.
V. SUBROGATION
1. In all cases where a third party (other than a Member employee or agent) is responsible for the injury to the employee, attempts to obtain information regarding the identity of the responsible party shall be made within 14 calendar days of recognition of subrogation potential.
April 25, 2023 Regular Meeting of the Lindsay City Council
2. Once identified, the third party shall be contacted within 14 calendar days with notification of the Member's right to subrogation and the recovery of certain claim expenses.
3. If the third party is a governmental entity, a claim shall be filed with the governing board (or State Board of Control as to State entities) within 6 months of the injury or notice of the injury. If the third party is a nongovernmental entity, a complaint shall be filed in civil court within two years in order to preserve the statute of limitations.
4. Periodic contact shall be made with the responsible party and/or insurer to provide notification of the amount of the estimated recovery to which the Member shall be entitled.
5. If the injured worker brings a civil action against the party responsible for the injury, the claims administrator shall consult with the Member about the value of the subrogation claim and other considerations.
Upon Member authorization, subrogation counsel shall be assigned to file a Lien or a Complaint in Intervention in the civil action.
6. Whenever practical, the claims administrator shall aggressively pursue recovery in any subrogation claim. They should attempt to maximize the recovery for benefits paid, and assert a credit against the injured worker’s net recovery for future benefit payments.
7. Member (and PRISM if applicable) approval is required to waive pursuit of subrogation or agree to a settlement of a third party recovery. This approval shall be documented in the claim file. In cases of self-administered entities, a process shall be documented noting the authority levels within the member organization to waive pursuit of subrogation or agree to a settlement of a third party recovery.
VI. EXCESS COVERAGE
A. Claims meeting the definition of reportable excess workers’ compensation claims as defined by the Memorandum of Coverage Conditions Section shall be reported to PRISM within five working days of the day on which it is known the criterion is met. Utilize the Excess Workers’ Compensation First Report Form available through PRISM’s website.
B. Subsequent reports shall be transmitted to PRISM on a quarterly basis on all indemnity claims and on a semi-annual basis on all future medical claims or sooner if claim activity warrants, or at such other intervals as requested by PRISM, in accordance with Underwriting and Claims Administration Standards. Utilize the Excess Workers’ Compensation Status Report Form April 25, 2023 Regular Meeting of the Lindsay City Council
available through PRISM’s website, or a comparable form to be approved by PRISM.
C. Reimbursement requests shall be submitted in accordance with PRISM’s reporting and reimbursement procedures on a quarterly or semi-annual basis depending on claims payment activity. Utilize the Excess Workers’ Compensation Claim Reporting and Reimbursement Procedures available through PRISM’s website.
D. A closing report with a copy of any settlement documents not previously sent shall be sent to PRISM.
Following is the history of amendments to this document:
Amended: March 4, 1988
Amended: October 7, 1988
Amended: October 6, 1995
Amended: October 1, 1999
Amended: June 6, 2003
Amended: March 2, 2007
Amended: July 1, 2009
Amended: July 1, 2011
Amended: March 2, 2012
Amended: October 4, 2013
Amended: July 1, 2019
April 25, 2023 Regular Meeting of the Lindsay City Council
Form: A-3B (1-2016) | Page 1
State of California
Department of Industrial Relations
Office of Self-Insurance Plans
11050 Olson Drive, Suite 230
Rancho Cordova, Ca. 95670
Phone (916) 464-7000
Fax (916) 464-7007
State of California
Department of Industrial Relations
OFFICE OF SELF-INSURANCE PLANS
APPLICATION FOR PERMANENT CERTIFICATE OF CONSENT
TO SELF-INSURE FOR INTERIM SELF-INSURER
All questions must be answered. If not applicable, enter “N/A”.
To the Director of the Department of Industrial Relations: The private employer identified below submits the following information to obtain a Certificate of Consent to Self-Insure the payment of workers’ compensation under California Labor Code Section 3700.
DATE: INTERIM CERT. # _
MASTER CERTIFICATE HOLDER NAME: _________________________________________________ AFFILIATE (Legal Name): ______________________________________________________________ TYPE OF ENTITY OWNERSHIP:
____________________________________________________________________________________ ______________________________________________
______________________________________________
______________________________________________ _____________________________________ ___
__________________________ ________________ - _______________ Corporation ___ Partnership ___ Sole Proprietorship
State of Incorporation (if Corporation): ___________________________________________________ Federal Tax Identification Number of Affiliate: __________________________________________________ Affiliate’s annual California payroll during the last, or latest 12 month period:
$ __________________________ Period Reported: __________________ to __________________.
Describe the nature of the business(es) the Affiliate members engage in:
This application is filed by the holder of a master Certificate of Consent to Self-Insure for the issuance of a permanent Certificate of Consent to Self-Insure on behalf of an affiliate/ subsidiary entity. It is represented that there is a legal ownership connection between the master and affiliate/subsidiary with the understanding that the master Certificate Holder is guaranteeing and will be ultimately be responsible for all liabilities under the Master and all affiliate/subsidiary Certificates.
X_____________________________________________ DATE: ___________________________________ SIGNED: Employer Authorized Representative
Printed Name
Title
Phone E-Mail
X N/A
April 25, 2023 Regular Meeting of the Lindsay City Council
Form: A-3B (1-2016) | Page 2
CHECK LIST FOR A COMPLETE SELF-INSURED SUBSIDIARY/AFFILIATE APPLICATION The California Code of Regulations, Title 8, Chapter 8, Subchapter 2, Article 2, provides the requirements for submitting a complete Affiliate and Subsidiary Self-Insurer's Application. The following forms and documents are required by this section to be included with the application.
All required information must be submitted with the application form for the issuance of a permanent Certificate of Authority of Consent to Self-Insure and sent to: OSIP, 11050 Olson Drive, Suite 230, Rancho Cordova, Ca. 95670.
Application Form and Attachments:
Completed Affiliate application (Form A-3B (1-2016)). Certificate of Status in good standing for Affiliate/Subsidiary from Secretary of State.
Resolution:
Master Certificate Holder’s Board resolution (Form A-5 (1-2016)). (NOTE: This form only needs to be submitted once for each Master Certificate Holder).
Assumption and Guarantee:
Master Certificate Holder’s Board Parental Guaranty of Workers' Compensation Liabilities (Form A-4 (1-2016)).(NOTE: This form only needs to be submitted once for each Master Certificate Holder).
Fees:
No additional fees are required if the $500.00 application fee was submitted with the application for interim certificate.
April 25, 2023 Regular Meeting of the Lindsay City Council
___________________________________________________________________________________ Form: A-2 (1-2016) | Page 1
State of California
Department of Industrial Relations
Office of Self-Insurance Plans
11050 Olson Drive, Suite 230
Rancho Cordova,Ca. 95670
Phone (916) 464-7000
Fax (916) 464-7007
State of California
Department of Industrial Relations
OFFICE OF SELF-INSURANCE PLANS
APPLICATION FOR CERTIFICATE OF CONSENT
TO SELF-INSURE AS A PUBLIC AGENCY EMPLOYER SELF-INSURER All questions must be answered. If not applicable, enter “N/A”.
To the Director of the Department of Industrial Relations: The public agency employer identified below submits the following information to obtain a Certificate of Consent to Self-Insure the payment of workers’ compensation under California Labor Code Section 3700.
LEGAL NAME OF APPLICANT (Show exactly as on Charter or other official documents):
Address: ___________________________________________________________________________ City: ___________________________________ State: __________ Zip + 4: __________ - _________ Federal Tax ID # of Group: ____________________
CONTACT - Who Should Correspondence Regarding This Applicant Be Addressed To:
Name: ________________________________________ Title: _______________________________ Company Name: ____________________________________________________________________ Address: ___________________________________________________________________________ City: ___________________________________ State: __________ Zip + 4: __________ - _________ Phone: _____________________________ E-Mail: _________________________________________ TYPE OF PUBLIC ENTITY (Check one):
City and/or County School District Police and/or Fire District Hospital District Joint Powers Authority Other (describe): __________________________________________ TYPE OF APPLICATION (Check one):
New Application Reapplication (Merger/Unification) Reapplication (Name Change) Other (describe): _________________________________________________________________ Date Self-Insurance Program will begin: ___________________________________________________ April 25, 2023 Regular Meeting of the Lindsay City Council
______________ ______CURRENT WORKERS’ COMPENSATION PROGRAM__________ ___ ______ Currently Insured with State Fund Policy #
Expiration Date:
Currently Self Insured, Certificate # ____________________ Other (describe): _________________________________________________________________ ______________ _____CLAIMS ADMINISTRATION __________ ___ ______ Who will be administering your agency’s workers’ compensation claims? (Check one) JPA will administer
Third Party Administrator, TPA Certificate # _________________ Public entity will self-administer nsurance Carrier will administer Name of Third Party Administrator:
Name: _____________________________________ Title: _
Company Name: _________________________________________________________________ Address: ________________________________________________________________________ City: State: _ Zip + 4: _
Phone: _ E-Mail:
# of claims reporting locations to be used to handle Agency’s claims: ___ Does applicant currently have a California Certificate of Consent to Self-Insure? Yes No
_________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ ________________________________________________________________________________ Form: A-2 (1-2016) | Page 2
___________________ ____________
I
______________________________
________________________________ _________ _________ - _________ ____________________________ ______________________________________ _____
If yes, what is the current Certificate Number: ___________ Total Number of Affiliate’s California employees to be covered by Group: _____________________ ______________ _____AGENCY EMPLOYER __________ ___ ______ Current # of Agency Employees: _________ # of Public Safety Employees (police//fire): _________ If school District, # of certificated employees: _________ Will all Agency employees be covered by this self-insurance plan? Yes No If ‘No’, explain who is not covered and how workers’ compensation coverage will be provided to the excluded employees:
April 25, 2023 Regular Meeting of the Lindsay City Council
______________ _____JOINT POWERS AUTHORITY __________ ___ ______ Will applicant be a member of a JPA for workers’ compensation ? Yes No (If ‘yes’, complete the following)
Effective date of JPA Membership: JPA Certificate # _
Name of JPA: ________________________________________________________________________ ______________ _ _____AGENCY SAFETY PROGRAM __________ ___ ______ Does the Agency have a written Injury and Illness Prevention Program (IIPP)? Yes No
_________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ Form: A-2 (1-2016) | Page 3
____________________ ____________________
Individual responsible for Agency workplace safety and IIPP program:
Name: _____________________________________ Title: _______________________________ Company Name: _________________________________________________________________ Address: ________________________________________________________________________ City: ________________________________ State: __________ Zip + 4: __________ - _________ Phone: _____________________________ E-Mail: ______________________________________ ______________ _ _____SUPPLEMENTAL COVERAGE __________ ___ ______
1.) Will your program be supplemented by any insurance or pooled coverage under a STANDARD workers’ compensation insurance policy? Yes No (If ‘Yes’, complete the following):
Name of Excess Pool/Carrier: ___________________________________________________________ Policy #: _________________________ Effective Date of Coverage: ____________________________
2.) Will your program be supplemented by any insurance or pooled coverage under a SPECIFIC EXCESS workers’ compensation insurance policy? Yes No (If ‘Yes’, complete the following):
Name of Excess Pool/Carrier: ___________________________________________________________ Policy #: _________________________ Effective Date of Coverage: ____________________________ Retention Limits: _____________________________________________________________________
3.) Will your program be supplemented by any insurance or pooled coverage under an AGGREGATE EXCESS (stop loss) specific excess workers’ compensation insurance policy? (If ‘Yes’, complete the following):
Yes No
Name of Excess Pool/Carrier: ___________________________________________________________ Policy #: _________________________ Effective Date of Coverage: ____________________________ Retention Limits: _____________________________________________________________________ April 25, 2023 Regular Meeting of the Lindsay City Council
______________ ____RESOLUTION FROM GOVERNING BOARD ________ ___ ______ Attach a properly executed Governing Board Resolution. See attached sample resolution on page 5. ______________ _ ___ __CERTIFICATION __________ ___ ______ The undersigned on behalf of the applicant hereby applies for a Certificate of Consent to Self-Insure the payment of workers' compensation liabilities pursuant to Labor Code Section 3700. The above information is submitted for the purpose of procuring said Certificate from the Director of Industrial Relations, State of California. If the Certificate is issued, the applicant agrees to comply with applicable California statutes and regulations pertaining to the payment of compensation that may become due to the applicant's employees covered by the Certificate.
DATE:
_________________________________________________________________________________________________________ _________________________________________________________________________________________________________ ______________________________________________
______________________________________________
______________________________________________
Form: A-2 (1-2016) | Page 4
X_____________________________________________ __________________________________ SIGNED: Authorized Official / Representative
Printed Name
Title
Agency Name
April 25, 2023 Regular Meeting of the Lindsay City Council
RESOLUTION NO.: __________ DATED: __________________________
A RESOLUTION AUTHORIZING APPLICATION
TO THE DIRECTOR OF INDUSTRIAL RELATIONS, STATE OF CALIFORNIA
FOR A CERTIFICATE OF CONSENT TO SELF-INSURE
WORKERS' COMPENSATION LIABILITIES
At a meeting of the _____________________________________________________ (Enter Name of the Board)
of the ________________________________________________________________ (Enter Name of Public Agency, District, Etc.)
a __ _ organized and existing under the
(Enter Type of Agency, i.e., County, City, School District, etc.) laws of the State of California, held on the day of _ 20 the following resolution was adopted:
RESOLVED, that the above named public agency is authorized and empowered to make application to the Director of Industrial Relations, State of California, for a Certificate of Consent to Self-Insure workers' compensation liabilities and representatives of Agency are authorized to execute any and all documents required for such application.
IN WITNESS WHEREOF: I HAVE SIGNED AND AFFIXED THE AGENCY SEAL.
DATE: _
______________________________________________
______________________________________________
______________________________________________
Form: A-2 (1-2016) | Page 5
___________________________________
_______ _____________, ___,
X_____________________________________________ _________________________________ SIGNED: Board Secretary or Chair
Printed Name
Title
Agency Name
Affix Seal Here
April 25, 2023 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO:
FROM:
DEPARTMENT:
ITEM NO.:
Lindsay City Council
Joseph M. Tanner, City Manager
City Manager
10.5 MEETING DATE: April 25, 2023
ACTION & RECOMMENDATION
Consider the Approval of Resolution No. 23-11, A Resolution of the City Council of the City of Lindsay Adopting a Project List for Submittal to the California Department of Transportation (Caltrans) Under the Road Maintenance and Rehabilitation Act of 2017.
BACKGROUND | ANALYSIS
Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017), was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide.
To receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA) created by SB 1, the City of Lindsay must adopt via Resolution a list of proposed projects. The list must include the following.
• Description and the location of each proposed project(s). • A proposed schedule for each project’s completion.
• Estimated useful life of the improvement.
FISCAL IMPACT
Approval of Resolution No. 23-11 will secure funding for all projects identified within ‘Attachment A’ for the 2023-2024 Fiscal Years sourced from SB1 FUND 260.
ATTACHMENTS
• Resolution No. 23-11 with ‘Attachment A’
April 25, 2023 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-11
NUMBER 23-11
TITLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINDSAY
ADOPTING A PROJECT LIST FOR SUBMITTAL TO THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION (CALTRANS) UNDER THE
ROAD MAINTENANCE AND REHABILITATION ACT OF 2017
MEETING At a regularly scheduled meeting of the City of Lindsay City Council held on April 25, 2023, at 6:00 PM at 251 E. Honolulu Street, Lindsay, CA 93247 WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions aimed at informing residents which projects are being proposed for SB 1 funding in the City and which of those projects have been completed each fiscal year; and
WHEREAS, the City must adopt a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1 via City Council Resolution, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive RMRA funding in Fiscal Year 2023-2024 from SB 1; and WHEREAS, this is the fifth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate local streets and roads, support active transportation infrastructure throughout the City this year, as well as plan for a multitude of similar projects into the future; and
April 25, 2023 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-11
WHEREAS, the 2016 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an at-risk and poor condition and that this revenue will help the City increase the overall quality of its road system and over the next decade will bring its streets and roads into a more desirable condition; and
WHEREAS, the SB 1 project list and the City’s overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LINDSAY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City of Lindsay is adopting the flowing list of projects planned to be funded with Road Maintenance and Rehabilitation Account Revenues as described in ‘Attachment A’ attached to this Resolution.
SECTION 2. This Resolution shall be effective immediately upon its approval and adoption.
SECTION 3. The Mayor, or presiding officer, is hereby authorized to affix her/his signature to the Resolution signifying its adoption by the City Council to the City of Lindsay, and the City Clerk, or their appointed deputy, is directed to attest thereto.
April 25, 2023 Regular Meeting of the Lindsay City Council
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LINDSAY
RESOLUTION NO. 23-11
PASSED AND ADOPTED by the City Council of the City of Lindsay as follows:
MEETING DATE April 25, 2023
MOTION
SECOND MOTION
AYES
ABSENT
ABSTAIN
NAYS
CERTIFICATION OF THE FOREGOING RESOLUTION AS FULL, TRUE, PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF LINDSAY AS DETAILED.
FRANCESCA QUINTANA HIPOLITO A. CERROS
CITY CLERK MAYOR
April 25, 2023 Regular Meeting of the Lindsay City Council
‘Attachment A’
Estimated Completion Date
Estimated
Useful Life
Project Type Location Description Pre-Construction Construction Years Rehabilitation Intersection: Foothill
Avenue x Tulare Road
Enhance safety of intersection; adding bulbouts for pedestrians. 01/2023 06/2024 15-20 Rehabilitation
Burem Lane from
Westwood Avenue and .10
miles West
Asphalt recycling and restriping of 0.1 miles
on Burem Lane; renovate concrete curb,
gutter, and sidewalks.
02/2023 06/2024 15-20
Rehabilitation Hermosa II: Harvard to
Foothill
Asphalt recycling, curb, gutter, sidewalks
and striping installation. 4/2023 06/2023 15-20
Rehabilitation Westwood Ave: Hermosa
Street to Tulare Road
Asphalt recycling, curb, gutter, sidewalks
and striping installation. 02/2023 06/2024 15-20
April 25, 2023 Regular Meeting of the Lindsay City Council
STAFF REPORT
TO:
FROM:
DEPARTMENT:
ITEM NO.:
Lindsay City Council
Joseph M. Tanner, City Manager
City Manager
10.6 MEETING DATE: April 25, 2023
ACTION & RECOMMENDATION
Consider the Approval of Resolution No. 23-12 A Resolution of the City Council of the City of Lindsay Authorizing Staff to Submit a Claim to the Tulare County Association of Governments (TCAG) for Regional Surface Transportation Program (RSTP) Funds in Exchange for Highway Account Funds.
BACKGROUND | ANALYSIS
The City of Lindsay regularly participates in the RSTP exchange program. State Highway Account Funds have fewer restrictions and no local match requirements when compared to federal funds.
TCAG notifies the City when RSTP funds are available to claim, and the amount available. Funds from the program are used for qualified roadway improvement and rehabilitation projects.
The City Services department is responsible for identifying various projects that qualify for the funds and the Finance Department is responsible for tracking and accounting of said funds.
The City can submit a claim to TCAG to receive Regional Surface Transportation Program (RSTP) Funds in Exchange for State Highway Account Funds. Currently, there is $162,712 available to claim for the City of Lindsay. The claim process requires the City to submit a passed and adopted City Council Resolution and claim form to TCAG for the funds.
FISCAL IMPACT
If the claim is approved, the City would receive $162,712 in funds for roadway improvement and rehabilitation projects.
ATTACHMENTS
• RSTP Claim Form
• Resolution No. 23-12
April 25, 2023 Regular Meeting of the Lindsay City Council