HomeMy WebLinkAboutAGENDA REPORT 1986 0602 CC REG ITEM 10E MVUKYAKIi.
ITEM !OE
JAMES D. WEAK STEVEN KUENY
Mayor City Manager
THOMAS C. FERGUSON 4'���/`• • CHERYL J. KANE
Mayor Pro Tern City Attorney
ALBERT PRIETO
Councilmember �� b� RICHARD MORTON
Director of
DANNY A. WOOLARD ���� Community
Councilmember Development
LETA YANCY-SUTTON R. DENNIS DELZEIT
Councilmember City Engineer
DORIS D. BANKUS JOHN V. GILLESPIE
City Clerk MEMORANDUM Chief of Police
THOMAS P. GENOVESE
City Treasurer
.pc) : The Honorable City Council
F R O M - Thomas P. Genovese, Administrative Assistant�p�-
D A T E : May 29, 1986
SUBJECT : Proposal Re Joint Powers Insurance Authority
BACKGROUND:
As the Council is aware, the City of Moorpark is currently insured
for Basic Liability coverage, including errors and omissions, by
the Planet Insurance Company. This policy provides coverage to
$5 million dollars at a premium of $30,012 with a $5,000 self-
insured retention coverage,at the $5 million to$10 million level was
provided by NorthStar Insurance Company at a cost of $7,500.
Unfortunately, like most other cities across the nation, this type
of coverage at the same cost will not be available for the upcoming
year. Because of the current insurance crisis, City staff has been
investigating a number of alternatives to re-insure for the upcoming
year.
Last year, during the insurance renewal process, staff was directed
to pursue the possibility of membership of the Southern California
Joint Powers Insurance Authority. The City has since been notified
that the Southern California JPIA is no longer accepting applications.
Therefore, staff has pursued the two remaining options that are
available for the City. These two options are: (1) re-insurance
with Planet Insurance and (2) formation of a Joint Powers Authority
for self-insurance.
OPTION 1
Option one entails re-insurance with the only carrier presently
offering insurance to cities, Planet Insurance Company. Through
correspondance with the City's insurance broker, Tolman and Wiker
Insurance, and other public agencies, staff has discovered that
the insurance to be offered by Planet will contain several changes
to the current policy.
799 Moorpark Avenue Moorpark, California 93021 (805)529-6864
Honorable City Council
Insurance Information
page 2
Changes in the policy include a minimum retention offer of $10,000
and the General Liability and Errors & Omissions coverage renewal
on a claims made basis only. The maximum coverage to be offered
will be $3 million and an aggregate form. The cost of the said
coverage is expected to be approximately 65-70 thousand dollars.
OPTION 2
Option two entails the formation of a Joint Powers Authority (JPA)
with the cities of Carpinteria, Fillmore, Solvang, and Ojai for
self-insurance to a limit of $250,000. Coverage above the $250,000
limit to the $10 million limit would be acquired through the JPA's
admission into the California Joint Powers Insurance Authority,
CJPIA.
The basic concept behind the formation of a JPA is the pooling of
resources to obtain coverage against claims and losses. The shared
resources translates to the shared risk amoung JPA members. The
coverage amounts, and discriptions are listed below:
JPA PROPOSAL
Item Loss Amount
Deductable 0 - 1,000
Self-Insured Retention (SIR) 1,001 - 10,000
Shared Risk (JPA) 10,001 - 249,999
Shared Risk (CJPIA) 250,000 - 10,000,000
Deductable: represents that amount paid with General Fund. These
losses are not reported to the JPA.
SIR: represents that amount paid with the City's deposit amount
with the JPA. The loss amount at this level are solely the
City's responsibility. They are not shared expenses.
Shared Risk (JPA) : represents that amount paid with the City's deposit
amount with the JPA. The loss amount` at this level are shared
losses with the JPA cities. Shared losses are all losses between
the $10,000 Self-Insured Retention and the $250,000 Limit of
Liability. They are based on each City's precentage dollar
amount of losses greater than their $1,000 deductible but less
than the Limit of Liability.
y
Honorable City Council
Insurance Information
page 3
Shared Risk (CJPIA) : represents that amount paid with the City's
deposit amount with the CJPIA. The loss amount at this level
are shared losses with all other cities in the CJPIA at the
$250,000 to $10,000,000 level of coverage.
The memorandum of coverage is very similar to our current existing
policy. Therefore coverage would, in all likelihood, not be a
determining factor in the selection of an option. It is expected
that the first year deposit ("premium") would be approximately
$45,000. The term deposit refers to the amount that the City places
in the JPA Fund for coverage of any lossses/claims occurring during
the year. These losses may be shared losses or unshared losses. The
determination of the deposit amount is based on a rate of 7.5 times
$100 of Worker's Compensation Payroll. This money paid into the JPA
in the form of the deposit has no direct relationship to the expenses
or the individual cities losses paid out. If a City is paying more
in than necessary this money is retained in the account in their name,
earning interest.
DISCUSSION
There are several concerns regarding both Option one and Option
two. These concerns revolve around the limits of coverage, how
losses/claims are paid, and ability to obtain coverage under each
of the options.
OPTION 1
Option one proposes traditional insurance (legal contract by which
one party agrees to indemnify another party from financial loss) .
The limits of coverage for traditional insurance would be a maximum
of 3 million by the primary carrier. It is unknown at this point in
time if the City will be able to obtain the excess coverage offered
last year.
With traditional insurance the insured agency does not directly
pay for its losses/claims. Once the premium is paid, losses/claims,
providing they are covered and above the SIR limits, are paid by the
insuring company. This reduces the risk of catastrophic losses to
insured agencies. The City will not be notified as to the details
of coverage, providing insurance is offered, until the middle of
June.
Honorable City Council
Insurance Information
page 4
OPTION 2
Option two proposes a self-insurance mechanism, by means of the
formation of the JPA, for coverage to $250,000. Additional coverage
to $10 million is offered by means ofjoining the CJPIA. At this
point in time the application of the JPA (named and herein after
referred to as the Santa Barbara Area Joint Powers Authority- SBAJPA
has been looked upon as favorable by the CJPIA. Acceptance into the 1
CJPIA will be known in the middle of June.
With the SBAJPA losses/claims are paid directly from deposits of
the City. These deposits are made to the SBAJPA and are held,
earning interest, in a seperate account for the City. If the
City incurrs a loss under the $10,000 SIR limit the account is
depleted accordingly. If the City incurrs a loss above the
$10,000 SIR limit but below the $250,000 SBAJPA limit, the City
shares the losses with the other cities in the authority. The
City's share of that loss is based on the City's precentage dollar
amount of losses greater than its $1,000 deductible but less than
the $250,000 Limit of Liability. Losses above $250,000 are shared
on the same basis in the CJPIA group with the SBAJPA acting as a
single entity.
One of the major concerns of the SBAJPA is the risk sharing concept.
Currently there are two cities, Fillmore and Carpinteria, that have
their own police departments. In addition to this, the City of
Carpinteria also has its own beach. These exposures, which are
unique to the said cities, would be shared by other members of the
SBAJPA. Because losses/claims are more likely to occur with
such exposures, the City of Moorpark would be more susceptable to
incurr an increase in losses/claims.
SUMMARY:
Currently the City of Moorpark is the only agency considering
the formation of the SBAJPA that can obtain re-insurance. Due
to this fact, the other cities forming the SBAJPA are proceeding
with the application to the CJPIA, without the City of Moorpark.
The other agencies are aware of the situation the City of Moorpark
is facing and have expressed that, in all likelihood, they would
be willing to accept the City into the SBAJPA after we have been
notified of the details of re-insurance.
RECOMMENDATION:
1. To proceed with the requirements necessary for re-insurance.
2. To notify the SBAJPA of the City's intentions and file the
necessary paperwork for the City's consider evaluation of possible
membership into the SBAJPA should it be necessary.