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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
EDWARDRAYA
Subject:
Adopt Resolution Authorizing the City of
San Bernardino's Participation in the
CSAC-EIA as a Means of Procuring Excess
Workers' Compensation Insurance Coverage
Dept:
HUMAN RESOURCES
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Date: SEPTEMBER 9, 2002
Synopsis of Previous Council Action:
On July 20, 1998, the Mayor and Common Council authorized the City to continue participation
in the Big Independent Cities Excess Insurance Pool (BICEP).
Recommended Motion:
1. Adopt Resolution.
2. Authorize the Director of Finance to amend the FY 2002-03 budget by transferring
$22,000 from Account No. 629-453-5161 to Account No. 678-452-5161.
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Contact Person:
Ed Rava
Phone:
384-5161
Supporting Data Attached:
Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
$604.000 & $82.000
Source: (Acct No)
629-453-5161 & 678-452-5161. resoectivelv
(Acct Descr~ /7/1::=
Finance: ~/C;j L
Council Notes:
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Agenda Item No. / 9
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CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT
Request authority to allow the City to participate in the California State Association of Counties
- Excess Insurance Authority as a means of providing excess workers' compensation insurance
above a $1 million deductible.
BACKGROUND
The City has purchased its Excess Liability Insurance through the Big Independent Cities Excess
Pool (BICEP) since July 1988. BICEP was formed as a Joint Powers Authority (JPA) of
California cities on October 1, 1988. The members are five cities of similar size and operation--
San Bernardino, Santa Ana, Pomona, Huntington Beach and Oxnard. The JP A is governed by a
Board of Directors consisting of one representative from each city.
BICEP members agreed that each city would self-insure for the first $1 million of each loss. The
losses between $1 million and $3 million would be shared by the five members in what is
traditionally called a "pooled program." Losses over $3 million up to $25 million would be
reinsured by traditional commercial insurance purchased as a group. The group had to develop a
source of funds to pay for the losses which it chose to risk share. The group utilized Certificates
of Participation (COP's) in the amount of $20 million to capitalize the risk-sharing portion of the
pool. The funds from the COP's are kept in an interest-earning account and may only be used to
pay for claims. Each year the members pay premiums, which consist of four components:
1. Debt Service on the COP's - Member's annnal cost is based on its percentage of the total
pool at the time the COP's were issued. The cost to the City of San Bernardino is
19.09% of BICEP's annual debt service.
2. Risk Sharing Assessments - Repayment of any bond proceeds, which were utilized or
may be utilized for any losses paid in the layer, which the group risk shares. Cost is
determined by dividing each member's payroll by the total BICEP payroll. The
percentage for the City of San Bernardino is currently 20.2%.
3. Commercial Insurance Coverage - The cost of purchasing commercial reinsurance for
claims above $3 million. This charge is also based on a percentage of payroll.
4. Administrative Cost - The cost for pool administration, audits, legal counsel, etc. Also
based on a percentage of payroll.
From 1988 to 1994, the pool operated in the manner it was designed, the five cities risk shared
the losses between $1 million and $3 million and purchased commercial insurance above that
amount. In 1994, the insurance market became relatively soft, and as a result, the BICEP Board
was able to purchase commercial liability insurance for the $1 million to $3 million layer at a
cost less than the cost to risk share. Because of this decision all losses above each member's
self-insured retention have been insured losses since 1994, and the member agencies have not
had to pay assessments for losses since that time.
The soft insurance market also affected the Workers' Compensation rates, and in 1996, the
BICEP Board decided to offer its members the option of purchasing Excess Workers'
Compensation through a 'Joint purchase" as a means of driving costs down and expanding
coverage. Each member city agreed to participate and the coverage was purchased for each city
on an individual basis. By marketing the program as a group and providing the carriers with a
larger premium, the member cities were able to realize reduced cost and increased coverage.
The Excess Workers' Compensation Program did not involve any risk sharing, and each
individual city retained their own policy.
The City of San Bernardino cost for Liability and Workers' Compensation coverage for the past
two years has been as follows:
LIABILITY
WORKERS' COMPENSATION
FY 2000-01
$454,600
$31,500
FY 2001-02
$611,800
$57,000
The policies purchased by the City through BICEP expired on July 1, 2002. The Board had been
working with its broker, Driver Alliant Insurance Services ("Driver"), to renew the coverage
since April.
A combination of the September 11 disaster, recent insolvency of insurance companies, poor
insurance investment returns, coupled with prior low insurance premiums have produced a
limited market for excess liability and workers' compensation insurance. The BICEP Board
through "Driver" solicited quotes from various carriers. At the Board of Directors meeting held
on June 20, 2002, representatives of Driver reviewed the lirnited availability of coverage for the
coming fiscal year and the significant/unprecedented increases in the cost of that coverage.
Driver staff reviewed their efforts to place the BICEP excess insurance coverages for the coming
fiscal year with the current and other insurance carriers. The results of these efforts was as
follows:
. At least one carrier declined to quote;
. Another would only provide coverage for three of the BICEP cities at
increased premiums;
. Another would limit the total amount of workers' compensation coverage
to $25M with significantly increased premiums.
The representatives from Driver recommended to the BICEP Board that it consider a quotation
from the California State Association of Counties - Excess Insurance Authority (CSAC-EIA).
The CSAC-EIA is one of an estimated 150 joint powers insurance pools currently operating in
California. The EIA was established as a Joint Powers Authority (JPA) in October 1978 and
became operational in November 1979. The EIA currently has 53 counties and the City of San
Diego participating in its excess liability program and 45 Counties and 3 Special Districts
participating in its excess workers' compensation program. The EIA is recognized as a leader
and pioneer in the JPA risk management community. The EIA is the only JPA in the state to
receive the Government Finance Officers' Association Certificate of Excellence in Financial
Reporting (FY 6/30/94 through FY 6/30/00). The California Association of Joint Powers
Authorities (CAJPA) has set forth rigorous accreditation standards as a model of how a well-run
joint powers insurance authority should operate. EIA has been continuously accredited by
CAJPA since September 1989 and was reaccredited in 1999 for a three-year period. EIA has
been given CAJPA's highest designation "Accreditation with Excellence."
Based on the unavailability of any viable alternative, the BICEP Board voted to join the CSAC-
EIA, effective July 1, 2002, through June 30, 2003. The premium for this coverage is as follows:
LIABILITY
WORKERS' COMPENSATION
$604,000
$82,000
Although the coverage was bound, the Board recognized that final participation in the CSAC-
EIA program would require BICEP to become a member and assume the potential for a dividend
or assessment against BICEP in future years as a member of the CSAC-EIA. The Board
requested that its attorney, Ken Brown of the Law Offices of Brown, Winfield & Canzoneri
research the question of whether one Joint Powers Authority, BICEP, can become a member of
another Joint Powers Authority, CSAC-EIA.
Mr. Brown is of the opinion that pursuant to Government Code Section 6500, one JP A can
become a member of another. He also researched whether the BICEP Board was legally
authorized to vote to become a member of CSAC-EIA. Mr. Brown's research of the Joint
Powers Law, the BICEP JPA and Bylaws and Resolutions approved by the members of BICEP
at its inception, determined that there is nothing in the JP A that specifically authorizes nor
prohibits BICEP from becoming a member of another Joint Powers Authority for the liability
program. Although the underlying BICEP documents do not prohibit BICEP from becoming a
member of another JP A, he felt that it the documents only allowed risk sharing for liability risk.
The Excess Workers' Compensation Insurance provided through the CSAC-EIA includes an
assessment feature whereby BICEP could, in theory, be risk sharing with agencies. For this
reason, he felt that individual BICEP member cities must acknowledge, through a resolution, that
the recognition of the risk sharing of workers' compensation and the possibility of a future
assessment.
The assessment/dividend risk is based on premium. BICEP's workers' compensation pool
deposit premium for 2002/03 is $416,478. This represents 3.3% of the total $12.46 million in
pool premiums. Losses occurring in this year will have a life span of ten years, and thus, the
assessments based on these losses could occur at anytime in the next ten years, if losses exceed
collected premiums. Over time, BICEP's ten-year percentage will gravitate toward the 3.3%
divided by ten years, or .033% of the total. The City of San Bernardino represents one-fifth of
that number, so based on the City's actual percentage; any possible assessments would not
exceed .0066% of the assessment, or $6,600 for every $1 billion of assessments. While the
probability of assessments is minor, the BICEP Board felt that each member's city council
should be made aware of this exposure.
FINANCIAL IMPACT
The Cost of the Liability coverage ($604,000) was include in the FY 2002-03 budget in Account
No. 629-453-5161. The cost for Workers' Compensation coverage ($82,000) is $22,000 above
the $60,000 budgeted in Account No. 678-452-5161 and will require a budget transfer. It is
recommended that the $22,000 be transferred from the Liability Fund, Account No. 629-453-
5161 to Account No. 678-452-5161.
RECOMMENDATIONS
1 . Adopt Resolution.
2. Authorize the Director of Finance to amend the FY 2002-03 budget by transferring
$22,000 from Account No. 629-453-5161 to Account No. 678-452-5161.
HR/Agenda Items.SR.BICEP 2002-03
08/28/2002
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RESOLUTION NO.
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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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RECIT ALS:
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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 .
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 fisc
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 i
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 Authori
("CPEIA"), a Joint Powers Authority consisting of a number of counties, cities and joint pow
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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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 req .
BICEP, at a future time, to pay an assessment to cover its share of the pooled liability, or entitl
it to a dividend if the 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 prorata 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 tb
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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1.
The recitals set forth above are hereby adopted and approved as findings of thi
City Council.
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2.
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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3.
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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1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO
APPROVING AND AUTHORIZING THE BIG INDEPENDENT CITIES EXCESS POOL
2 TO PROVIDE EXCESS WORKERS' COMPENSATION INSURANCE FOR THE
EMPLOYEES OF THIS CITY THROUGH MEMBERSHIP IN THE CALIFORNIA PUBLIC
3 ENTITY INSURANCE AUTHORITY.
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RESOLVED, that a copy of this Resolution shall be filed with BICEP's Gen
5 Manager.
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Commo
7 Council of the City of San Bernardino at a meeting thereof, held on th
day of , 2002, by the following vote, to wit:
COUNCILMEMBERS:
ESTRADA
LIEN
MC GINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
AYES
NAYES
ABSTAIN ABSENT
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
of
,2002.
21
JUDITH VALLES, Mayor
City of San Bernardino
Approved as to form and
22 Legal content:
23 JAMES F. PENMAN,
24 City ~omey ')
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By: - lie
25 HRIjenda Items:Reso.BICEP 2002-03
08/27/2002
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): q - 9 -C;L Item #
Vote: Ayes k'1 Nays g
Change to motion to amend original documents:
I Cj Resolution # laJL - 2 '81S
Abstain g Absent .{7
Reso. # On Attachments: ~ Contract term: -
Note on Resolution of Attachment stored separately: ==--
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W /COUNTY
'f-II--()J-
Cl-l;)-OJ
<j -l3-O;l.-
Date Sent to Mayor:
Date of Mayor's Signature:
Date of Clerk/CDC Signature:
Da~Sent for Signature:
60 Day Reminder Letter 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
See Attached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney ,/
Parks & Rec.
Code Compliance Dev. Services
Police Public Services Water
Notes:
NullNoid After: -
By:-
Reso. Log Updated: v"
Seal Impressed: V
Date Returned: -
Yes~ No By
Yes No --.L.- By
Yes No-L By
Yes No ,/ By
Yes No / By_
-
EDA
Finance ~
MIS
Others:
/-t. iZ.
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File: rnf' Date: 4/.1/ e>'d
Revised 01/12/01