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CC Resolution 10816 RESOLUTION NO. 10816 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPTING A RISK MANAGEMENT PROGRAM FRAMEWORK WHEREAS, the City of Campbell is a member of the Association of Bay Area Governments Pooled Liability Assurance Network (A BAG PLAN) which provides risk management administration and services to the City for its property and general liability, and WHEREAS, it is the intent of the City of Campbell to provide a safe environment for its residents, businesses and visitors to enjoy through sound risk management practices, and WHEREAS, ABAG PLAN has implemented risk management performance standards which are intended to benefit all members by ensuring adherence to recommended best practices that will ultimately result in lower frequency and severity of losses from claims to individual members, and WHEREAS, the City of Campbell will benefit from adherence to the new performance standards that will enhance its ability to minimize risk of loss to the City, and WHEREAS, the City has an existing Injury and Illness Prevention Program geared toward occupational safety of its employees and reduction of risk which is coordinated through a Safety Committee comprised of City management staff, and WHEREAS, it is the intent of the City that this Safety Committee be designated to review all general liability accidents, claims and losses of the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell does hereby adopt a risk management program to preserve its physical and financial resources from the risk of loss. The major goals of this risk management program are: · To eliminate or minimize the City's risk of loss in the area of property and general liability and to minimize the conditions that lead to such losses · To manage its risk through a combination of funded self-insurance and/or transfer to a financially sound insurer · To apply responsive claims management techniques to losses that do occur · To protect the City budget from catastrophic losses, or an annual accumulation of losses, that would cause financial hardship. Catastrophic loss is defined as any loss in excess of $1 ,000,000. Risk ManaQement Policies · The risk management organization structure is designed to utilize the knowledge, skills and experience of City employees to identify, evaluate and coordinate various risk exposures. . The risk management program is a systematic process to identify, measure, and control loss exposures. A citywide hazard identification system will be implemented by the Risk Manager to quickly identify hazardous conditions and effect repairs. All employees shall be encouraged to notify their supervisor, department head, or the Risk Manager of any condition that may expose someone to injury or damage. . The risk management program is a responsive claims administration system. The Risk Manager will review all incident reports and claims, and will notify ABAG PLAN and its claims adjuster, in a timely manner, of all serious accidents or claims. Department heads and supervisors will review all accident reports, incident reports, and claims affecting their department, and provide timely information to the Risk Manager and ABAG PLAN's appointed claims adjuster. . The risk management program seeks to transfer of the City's risk of loss to others whenever possible and practical. The Risk Manager will develop a risk transfer process that assures the use of hold harmless and indemnity clauses in all City agreements, contracts, leases, permits, purchase orders and rental agreements, and the use of insurance clauses that provide adequate protection to the City, within the judgment of the Risk Manager. Accident Review Process An accident review process shall be implemented by the Risk Manager to review all accidents, incidents and claims to determine their cause and methods to prevent future occurrences. The review process should be conducted periodically, as needed. Insurance The City will establish self-insurance retention limits consistent with its financial resources. The City will establish reserves on all self-insured losses to recognize the expected future cost, and appropriate funds to cover all self-insured liabilities. Insurance for risks and catastrophic loss potential shall be purchased whenever it is economically feasible, within the judgment of the Risk Manager. Overall responsibility for the risk management program rests with the City's Finance Director/Risk Manager. However, day-to-day risk management shall be the responsibility of each department manager. The Risk Manager shall be the City's liaison with the ABAG PLAN and its claim administration program. PASSED AND ADOPTED this 18tldayof Sept. ,2007, by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Kennedy, Hernandez, Low, Burr, Furtado None None APprov~:~~ ~ aniel E. Furtado, Mayo ~ ATTEST: .., --- Anne Bybee, City Clerk