Brian Oatman Linda (Oristine) Harris

Transcription

1 ANR Risk Services Brian Oatman Linda (Oristine) Harris

2 Risk Services Team Director Brian Oatman Risk Analyst 4 Linda Harris Risk Analyst 1 Kim Rodegerdts

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4 Risk Services Programs Insurance Programs o o o o o Auto Property General Liability Employment Liability Business Travel Insurance Certificates Incident/Claims Reporting Litigation Support

5 Risk Services Programs Review contracts and agreements for risk language Facility Use Agreements Hotel/Conference Contracts Memoranda of Understanding Vendor Contracts Activity Waivers Criminal Record Checks Driver Record Monitoring Recommend Policy Risk Assessments

6 Risk Assessments Identify key risks to achieving objectives Rank by impact/likelihood Identify potential mitigation measures Evaluate anticipated effectiveness Implement selected mitigation measures Monitor and adapt Annual risk assessment reporting to UCOP Past broad-based assessments: o UCCE, RECs

7 What Do I Need to Know? Facility Use Agreements Certificates of Insurance Fingerprinting/DOJ Process Incident Reports/Claims Business Travel Insurance

8 What Forms Do I Need to Reserve a Room/Facility for a Meeting or Activity? If the facility has an agreement which has language that is not favorable to UC s responsibility of proportionality the Attachment B should be used to modify the hold harmless language. In some instances the Attachment A should be used which has reciprocal language where both parties agree to be responsible for their negligent or intentional acts. Cross out the language and write See Attachment B or A. The county director or program director is the only person authorized to sign these agreements and attachments. If the facility requires proof of insurance you may provide the generic certificate of insurance, however if they want to be named as an additional insured you will need to complete the Online Request for Certificate of Insurance. If the facility does not have an agreement in most instances the Attachment D which has reciprocal language should be used as the agreement, as well as obtain proof of the facility s liability insurance (declaration page). In some instances, facilities i.e., (city, county, school districts, fire and police departments) an Attachment E should be used which usually does not require proof of insurance since these entities are typically self-insured. If the facility requires proof of insurance you may provide our Generic Certificate of Insurance, however if they want to be named as an additional insured you will need to complete the Online Request for Certificate of Insurance.

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11 What Forms Do I Need for Meetings or Events at Private Homes? Attachment D should be prepared to serve as a simple use agreement. Proof of liability insurance (declaration page) should be obtained from the homeowner. Complete the Online Request for Certificate of Insurance to provide UC s insurance coverage to the homeowner. If the homeowner objects to completing the Attachment D because it states that they agree to indemnify UC, you may use the alternate use agreement, Attachment E ( and obtain the proof of liability insurance and complete the Online Request for Certificate of Insurance to provide UC s insurance coverage to the homeowner.

12 What Forms Do I Need for Fairs, etc.? District Agricultural Associations and most of the Fair Authorities have standard use agreements. However, UC and the fairs have agreed upon indemnification language, which is the same as Attachment A. There is also a fair letter that you may attach to the agreement to revise the unfavorable language and write See Attachment A or See Fair Letter. Complete the Online Request for Certificate of Insurance to provide UC s insurance coverage.

13 What Do I Need for Bus Trips and Tours? You must use the BOC to work with UCD purchasing to enter into a contract with a bus company for transportation. The bus company must have adequate levels of liability insurance that meet UC s requirements. If the bus will be transporting up to 20 persons they will need a minimum of $5 million dollars of combined general aggregate insurance. If they will be transporting over 20 persons, the combined general aggregate limit should be $15 million. If you are not sure of their limits you may contact Risk Services for review.

14 Certificates of Insurance As noted above some agreements require UC to provide proof of insurance to our partners. If you need to provide a certificate of insurance: 1. First, try the generic certificate of insurance: 2. Next, request a certificate of insurance: You will need to provide: contact information, event details, requested coverage types and amounts, name of the party requesting insurance, copies of agreements

15 Criminal Record Info/Fingerprinting Risk Services is transitioning to manage criminal record information statewide for all ANR employees and volunteers Currently monitoring DOJ accounts for 47 counties. Risk Services will monitor all existing DOJ accounts by the end of 2015 Keep any past records for now we will transfer archived records in 2016

16 Criminal Record Info/Process CE office provides prospective volunteers with Request for Live Scan Service form with local CE specific information (ORI & mailcode) CE office (or volunteer) records volunteer profile information (in 4-H On- Line, etc.) ANR Risk Services monitors DOJ mailboxes for fingerprint response Retain existing DOJ accounts/mailboxes for now ANR Risk Services reviews DOJ-provided criminal record information and compares to Barrier Offense List ANR Risk Services notifies CE office (program staff, Advisor, County Director, etc.) of all DOJ results via CE staff continues volunteer appointment process after notification that volunteer has cleared fingerprint review

17 Criminal Record Info/Notifications Risk Services will inform you of the DOJ status regarding prospective volunteers when: We have been informed by DOJ of a delay in processing the fingerprint results Fingerprints have been rejected and need to be re-submitted Criminal record results received: a. Volunteer is cleared with no criminal record to report b. Volunteer has a Barrier Offense on their record and is not eligible to be appointed c. Volunteer has other offenses identified. ANR Risk Services will discuss specifics with County Director/program staff to determine appropriate actions CE office informs Risk Services of County Director decision on volunteer enrollment and any restrictions, etc.

18 Criminal Record Info/Notifications ANR Risk Services receives Subsequent Arrest Notification (SAN) from DOJ for volunteers. Upon receipt of a SAN: Risk Services will review information and notify County Director/program staff If arrest is for Barrier Offense, volunteer must be suspended or terminated For other offenses, review nature of offense and volunteer s role to determine if restriction of volunteer activities or other measures are warranted CE office to notify Risk Services of CD decision of volunteer status Risk Services maintains SAN records and outcomes Risk Services submits No Longer Interested if appropriate

19 Criminal Record Info/ Barrier Offenses ANR has developed a list of Barrier Offenses and a decision matrix to guide response to criminal record information concerning volunteers Barrier Offenses bar an individual from participating as a volunteer: any felony, crimes against children, sexual assault, stalking, assault, terrorist threats, cruelty to animals. Other Offenses: if crime is not a Barrier Offense, then review based on: Seriousness of the crime Length of time since last offense Duties of the volunteer position Pattern of criminal activity, and Activities the volunteer or applicant has been involved in since the offense occurred. Decision Matrix:

20 Criminal Record Info/ No Longer Interested To comply with CA Penal Code, must submit No Longer Interested (NLI) form when volunteer leaves program. CE staff to run annual reports of volunteer enrollment to identify volunteers that are no longer affiliated with ANR programs and submit to ANR Risk Services in Dec. or Jan. If volunteer has not been active in program form more than 12 months If volunteer has been removed from program Risk Services submits No Longer Interested (NLI) forms to the DOJ, upon direction from the CE office. CE offices should continue to submit NLI forms until transition to Risk Services

21 Incident Reports / Claims Injuries to 4-H youth members or adult volunteers should be reported on the ANR Incident Report and sent to Risk Services. You may also need to complete and submit the Hartford Insurance form for payment/reimbursement of medical treatment for the volunteer when they have all their receipts, invoices, etc. to the Hartford. (See Hartford Volunteer Insurance link below) Please provide Risk Services a copy of these documents to be placed with the incident report.

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23 Incident Reports / Claims Auto accidents while driving on UC business (whether the vehicle is UC, County, leased, or personal) should be reported using the ANR Incident Report and/or a copy of the County incident report along with the police report if applicable. Injuries to Employees should be reported on the Workers Compensation forms.

24 Business Travel Insurance Register your out-of-state trips Provides emergency medical coverage, trip cancellation, emergency travel services, evacuation Coverage for volunteers or youth members on national conferences must be registered by an employee with UC log-in Trip safety/security information Use UC contracts when renting a car (includes insurance)

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26 Questions? Check the website: Contact us: Brian Oatman Linda Harris Kim Rodegerdts