HomeMy WebLinkAbout2002-288
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RESOLUTION NO. 2002-288
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO
APPROVING AND AUTHORIZING THE BIG INDEPENDENT CITIES EXCESS POOL
TO PROVIDE EXCESS WORKERS' COMPENSATION INSURANCE FOR THE
EMPLOYEES OF THIS CITY THROUGH MEMBERSHIP IN THE CALIFORNIA PUBLIC
ENTITY INSURANCE AUTHORITY.
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R E C I TAL S:
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WHEREAS, since 1988, the City of San Bernardino has been a member of the Bi
Independent Cities Excess Pool ("BICEP"), a California Joint Powers Authority, which consist
of the cities of Huntington Beach, Oxnard, Pomona, San Bernardino and Santa Ana; and,
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WHEREAS, BICEP was formed to jointly develop and fund programs of excess liability
property, workers' compensation and other coverages; and,
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WHEREAS, BICEP has implemented a pooled self-insurance risk sharing program fo
certain levels of coverage and has purchased excess insurance in the commercial marketplace'
and,
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WHEREAS, the combination of changes in the state workers' compensation law, recen
insolvency of insurance companies, the September II th disaster and other events have resulted i
fewer insurance companies authorized to write excess workers' compensation insurance in th
State of California; and,
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WHEREAS, the few insurance companies that have indicated a willingness to provid
excess workers' compensation, insurance, to some or all to BICEP cities for the current fisca
year, are willing to do so with a combination of increased self-insured retentions, premiums tha
are significantly greater, and in some instances, multiples of those paid for excess workers
compensation insurance in past years and with reduced overall limits; and,
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WHEREAS, BICEP's Board of Directors has concluded after discussions with it
insurance broker and considering all reasonable options that the most cost effective exces
workers' compensation insurance available to BICEP members for the Fiscal Year 2002-03 an
possibly beyond, is provided through the California Public Entity Insurance Authorit
("CPEIA"), a Joint Powers Authority consisting of a number of counties, cities and joint power
authorities; and,
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WHEREAS, BICEP's Board of Directors has recommended that BICEP become
member of CPEIA and that excess workers' compensation insurance be provided through th
CPEIA Program; and,
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2002-288
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO
APPROVING AND AUTHORIZING THE BIG INDEPENDENT CITIES EXCESS POOL
TO PROVIDE EXCESS WORKERS' COMPENSATION INSURANCE FOR THE
EMPLOYEES OF THIS CITY THROUGH MEMBERSHIP IN THE CALIFORNIA PUBLIC
ENTITY INSURANCE AUTHORITY.
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WHEREAS, this City's excess workers' compensation premium for the current fiscal ye
through the CPEIA Program is eighty-one thousand dollars ($81,000), which is not onl
considerably less than the lowest premium quoted by any commercial insurance company willin
to write excess workers' compensation insurance for this city, but also with greater coverage'
and,
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WHEREAS, under the CPEIA Program all of its members are part of a risk sharing poo
that shares in the risk up to five million dollars ($5,000,000) over the individual city's self
insured retention, with commercial reinsurance providing coverage above that amount; and,
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WHEREAS, the risk sharing pooling feature of the CPEIA Program might either requir
BICEP, at a future time, to pay an assessment to cover its share of the pooled liability, or entitl
it to a dividend ifthe pooled costs are less than the premiums collected; and,
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WHEREAS, if an assessment is levied in the future under the CPEIA Program, BICE
would be obligated to pay that assessment by assessing each of its members a pro rata share 0
that assessment; and,
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WHEREAS, BICEP's Board of Directors has thoroughly considered the options availabl
to provide excess workers' compensation insurance and has concluded that even with th
potential of an assessment at a future time, the CPEIA Program is the best and most cos
effective way to provide excess workers' compensation insurance for this City's employees;
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NOW, THEREFORE, the City Council of the City of San Bernardino does hereby find
determine and declare as follows:
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The recitals set forth above are hereby adopted and approved as findings of thi
City Council.
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The City approves of BICEP becoming a member of or entering into
agreement with CPEIA to provide excess workers' compensation for BICEP an
its member cities, including this City.
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The City Council does approve, acknowledge and agree that amounts paid fo
excess workers' compensation for this fiscal year may be adjusted upward 0
downward at a future date, with the result that BICEP will either receive
dividend or be required to pay an assessment, and this city agrees that it shall pa
its prorata share of any future assessment, so long as it is properly credited for an
future dividends.
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>
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2002-288
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO
APPROVING AND AUTHORIZING THE BIG INDEPENDENT CITIES EXCESS POOL
TO PROVIDE EXCESS WORKERS' COMPENSATION INSURANCE FOR THE
EMPLOYEES OF THIS CITY THROUGH MEMBERSHIP IN THE CALIFORNIA PUBLIC
ENTITY INSURANCE AUTHORITY.
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RESOLVED, that a copy of this Resolution shall be filed with BICEP's Genera
Manager.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Commo
7 Council of the City of San Bernardino at a joint regular meeting thereof, held on th
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day of September
, 2002, by the following vote, to wit:
9th
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COUNCILMEMBERS: AYES NA YES ABSTAIN ABSENT
ESTRADA x
LIEN x
MC GINNIS x
DERRY X
SUAREZ x
ANDERSON X
MC CAMMACK x
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Ra I G. Clark, City Clerk
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The foregoing resolution is hereby approved this I';;"f 0
,2002.
Se tember
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Approved as to form and
Legal content:
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VALLES, Mayor
San Bernardino
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JAMES F. PENMAN,
City norney)
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By: . ve~
HR/ji:nda Items:Reso.BICEP 2002-03
08/27/2002
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