City Council Agenda
Memo to: Manteca City Council
From: Miranda Lutzow, Administrative Services Director
Date: September 3, 2019
Subject: Municipal Pooling Authority Joint Exercise of Powers Agreement
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Receive proposed changes to the Municipal Pooling Authority (MPA) Joint Exercise of Power Agreement.
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Background:
The City is currently self-insured for liability and workers compensation claims through Municipal Pooling Authority (MPA), a joint powers authority (JPA).
The Joint Exercise of Powers Act allows two or more public agencies, by agreement, to form a separate legal entity to exercise common powers. In this case, 20 cities have come together to create a legal entity (Municipal Pooling Authority or MPA) and jointly self-insure themselves against liability and work-related injury claims. This partnership is governed by a Joint Exercise of Powers Agreement.
MPA has gone through some recent structural changes and conducted a review of the Joint Exercise of Powers Agreement for the purpose of updating and aligning the document with current staffing, member updates, memorandums of coverage and current government codes and laws. It is Staff’s opinion that the majority of proposed changes are simply “clean up” language to clarify already existing requirements.
MPA has allowed for a review period where each member city can consider the proposed changes and provide comments. There is no action required of Council at this time, other than to provide comments, if desired.
Once all comments are received, MPA will compile the comments for Board consideration at the September 2019 Board meeting. Upon Board approval of all changes to the Agreement, they will require each member city to adopt the updated Agreement by resolution of City Council.
Substantive Changes:
• Section 2 - clarifies the definition of a “claim”
• Section 6 - adds the ability for the Board to establish committees
• Section 8 - adds reference to Government Code Section 6509, which governs joint powers agreements
• Section 17 - added member responsibilities to provide data and cooperate with any insurer, adjuster or legal counsel retained by the MPA
• Section 23 - added new language clarifying responsibilities of a member city when they withdrawal or are expelled from the pool. Under this new language, the member city has responsibility to contribute for all program years they were a part of the pool and the MPA Board has the option of distributing dividends.
Fiscal Impact:
There is no fiscal impact for this item.
Documents Attached:
1. Attachment 1 - MPA JPA - Redlined
2. Attachment 2 - MPA JPA - Current Agreement