2.95.030 Insurance administration.

(A)    Duties of the Risk Manager.

(1)    The risk manager may negotiate with and recommend the selection of insurance brokers for any type of liability and/or casualty insurance and/or official bonds as deemed necessary by the board. All such recommendations will be reviewed by the executive committee of the risk management committee prior to submittal to the county commissioners.

The consultant/broker shall be experienced in those fields of insurance for which the consultant/broker is appointed, and shall have prior experience in either consulting or brokering insurance for public entities. The consultant/broker shall have a staff adequate to assist in technical areas as required from time to time by the county. It is anticipated that the consultant/broker will not participate in any commissions on insurance contracts placed on behalf of Clark County, but should be compensated on a fee basis, such fee to be negotiated by the executive committee with board approval.

(2)    The risk manager shall be responsible for recommending to the executive committee the design of insurance programs, the amount of services to be established, and the appropriate retention levels. The executive committee shall act upon the recommendations as it deems appropriate.

(3)    The risk manager may recommend to all county departments, divisions, and other agencies’ loss control programs to reduce hazards to the employee and public that may exist in county facilities and operations.

(4)    The risk manager shall maintain histories of all claims and lawsuits, whether insured or funded self-insurance, loss histories and investigations of claims and incident reports.

(5)    The risk manager or the prosecuting attorney shall make tenders of potentially insured claims to insurance carriers.

(6)    The risk manager shall prepare such policies and guidelines as are necessary to inform county employees of their responsibilities in relation to accident reporting and risk management policy. These policies and guidelines shall be reviewed by the executive committee. The risk manager shall be responsible for the dissemination of such policies and guidelines.

(7)    The risk manager may investigate any incidents or conditions, for the purpose of possible litigation and/or preventing future incidents.

(B)    Duties of the Prosecuting Attorney.

(1)    The prosecuting attorney along with the risk manager shall advise and recommend to Clark County departments appropriate contractual clauses providing for indemnity, hold harmless, and insurance. He or she shall review contractual provisions relating to indemnity and hold harmless requirements as part of a coordinated process prior to finalization of all such contracts.

(2)    The prosecuting attorney, as provided by state law, is responsible for the prosecution and defense of all lawsuits against the county, except where other counsel is provided by insurance coverage or appointed pursuant to RCW 36.22.200. The prosecuting attorney may appear as co-counsel with insurance counsel, where appropriate.

(3)    The prosecuting attorney shall provide legal advice to all county officials regarding the disposition of all claims and lawsuits against the county. (Sec. 3 of Ord. 1987-07-27; amended by Sec. 2 of Ord. 1991-11-30; amended by Sec. 2 of Ord. 2008-01-17)