(a)
The financial, insurance and risk manager, subject to the superior authority of the deputy city manager and the city council, shall engage in the following activities:
(1)
Identifying and quantifying (to the extent practicable) the risks that have the potential to result in liability of the city or plan members for a claim payment;
(2)
Budgeting and planning of the self-insuring program, including (but not limited to) risk assumption, risk reduction, risk retention and risk transfer (including the purchase of program insurance);
(3)
Developing and maintaining a management information system in coordination with any existing systems of the city, for the efficient recording of program information, including (but not necessarily limited to) information concerning claims, plan loss expenses, corporate general liability expenses, administrative expenses, withdrawals from the fund and program insurance premiums;
(4)
Devising and implementing programs designed to reduce the city's and the plan member's exposure to loss due to program risks, subject to approval of superior authority; and
(5)
Subject to applicable budgetary restrictions and with the consent of superior authority, the safety director/risk manager may implement and supervise the safety policies and procedures that are to be followed by the city.
(6)
Performing such other services as may be specified by the deputy city manager or the city council.
(Ordinance 5847, § 1(5.02), adopted 8/23/1990; Ordinance 7348, § 7, adopted 10/22/1998)
(a)
Program insurance may be obtained under the following circumstances:
(1)
As excess coverage over that provided by the fund, as reinsurance for the fund, or as first-dollar coverage in lieu of that provided by the fund (which may result in converting coverage provided by the fund into excess coverage) if, in each case, the insurance is obtainable on a fiscally sound basis, giving consideration to the investment opportunities for the fund and any shock-loss exposure of the city due to the program risks;
(2)
When services that are necessary to effectively administer the program can be obtained only through the obtaining of the insurance;
(3)
When the city is required by contract or law to obtain the insurance; or
(4)
When the limitations on coverage under the fund do not result in long-term economic advantage to the city, and the insurance obtained either does not contain such limitations, or offsets such limitations or reduces such limitations
(b)
The procurement of program insurance shall be coordinated by the financial, insurance and risk manager, subject to superior authority of the deputy city manager and approved by the city council.
(c)
Program insurance shall be obtained from sources determined to be in the best interests of the city. No particular insurance or financial quality rating is required, but the insurance provider must be in excellent financial condition as determined by the financial, insurance and risk manager.
(d)
When practicable, the remuneration of agents or brokers providing insurance services to the city pursuant to this article shall be on a fee basis.
(Ordinance 5847, § 1(5.03), adopted 8/23/1990; Ordinance 7348, § 8, adopted 10/22/1998)
To promote the efficient and effective administration of the program, the various department heads and other employees having administrative responsibilities for the city are encouraged and directed to cooperate with the claims board.
(Ordinance 5847, § 1(5.04), adopted 8/23/1990)
(a)
The self-insurance afforded by this article is primary self-insurance, except when (b) below applies. When this self-insurance is primary and the plan member has other insurance which is stated to be applicable to the plan claim the amount of the fund's liability under this article shall not be reduced by the existence of such other insurance.
(b)
If there is other insurance against a loss covered by the self-insurance afforded by this article, the self-insurance afforded by this article, excluding workers' compensation payments, shall be excess insurance over any other valid and collectible insurance, whether primary, excess or contingent on any other basis, which is maintained by any person that is not a plan member.
(Ordinance 6365, § 1, adopted 1/20/1994)