HomeMy WebLinkAbout1988-002
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RESOLUTION NO.
88-2
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
DEVELOPMENT OF A POOLED EXCESS LIABILITY INSURANCE PROGRAM.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
WHEREAS, representatives of the City of San Bernardino (the
"City") have examined the advisability of participation in a
pooled excess liability insurance program (the "Program"), which
may include the cities of Garden Grove, Fullerton, Huntington
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Beach, Los Angeles, Oakland, Oxnard, Pasadena, Pomona, Riverside,
Sacramento, San Bernardino, Santa Ana and San Diego, California
(the "Prospective Participants"), and have taken preliminary
steps to develop the Program;
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WHEREAS, the City is authorized by Part 6 of Division 3.6
of Title 1, Section 990 et seq., of the California Government
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Code (the "Act") to insure its employees against injury resulting
from an act or omission in the scope of their employment and to
insure against the costs of defending such claims;
WHEREAS, pursuant to Section 990.4 of the Act, the City is
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funded by appropriations and to establish or maintain reserves
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for such purposes;
WHEREAS, pursuant to Section 990.6 of the Act, the cost to
the City of such self-insurance is a proper charge against the
City and, therefore, the Mayor and Common Council of the.City"of
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26 San Bernardino are authorized to make premium payments for such
27 coverage in an amount such Mayor and Common Council determines to
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be necessary to provide such coverage;
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1 WHEREAS, pursuant to Section 990.8 of the Act, the City is
2 empowered to obtain insurance coverage through a joint powers
3 agreement with other local public entities, and such pooling of
4 self-insured claims and the risk sharing of losses is not
5 considered insurance subject to regulation under the California
6 Insurance Code;
7 WHEREAS, the Independent Cities Risk Management Authority
8 (the "Authority") is a joint exercise of powers agency which
9 currently acts as insurance provider in a pooled excess liability
10 program of its member cities;
11 WHEREAS, the City, along with the other Prospective
12 Participants, proposes to become a member of the Authority in
13 order to implement the Program;
14 WHEREAS, it is contemplated that the terms of the Program
15 would be set forth in a Liability Risk Coverage Agreement between
16 the Authority and the Prospective Participants;
17 WHEREAS, in order to adequately fund the claims payment
18 fund of the Program it is contemplated that the Authority would
19 issue bonds payable from revenues of the Authority, including
20 certain premium payments made by the Prospective Participants;
21 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND
22 COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
23 SECTION 1. That the Program is approved in concept,
24 subject in all respects to final approval, and authorizes the
25 appropriate officers and officials of the City to proceed with
26 the finalization of the Program.
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1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a requ1ar meeting thereof, held on the
4 4th day of January , 1988, by the following
5 vote, to wit:
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13 of
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AYES:
Council Members Estrada. Reilly
Flores
Mauds1ey.
Minor,
Pope-Lllolam
Millp.r
NAYS:
None
ABSENT:
____~one
~g72~~~1,I/
/' City Clerk
The foregoing resolution is hereby approved this ~L~
day
January
-fZ1988. / ./
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Mayor of t e City of San Be~ ardino
Approved as to form
an~ legal content:
;! J /'
, . ~ . (v
) jd-.'1~ . 1'--1,,,-....
'lty Attorney
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