Loading...
HomeMy WebLinkAbout1989 Ordinance No. 007C!'JlINAIO 00. '/ Sl!lUES OF 1989T BY AU'MlU'n o:u«:IL BILL 00. 7 INmCQOD BY o:u«:IL M1!M1ER KO ZACEK AN cm>DWa APPROVOO THE cx:mwcr ENl'I'lUD "IM.AliS AH> ~ AGREIHNl', CXLCIWlO INl'EIOll/ERNMFffl'AL RISK SHARn«; AGD«::Y Fell. 1D!KERS • CXH'l!mATICll11 BE'lWEm CIRSA/1«: AND THE CITY OF EG.EHXD. NIERFA'l, the City of Englewood has authority under Article XIV, SectiCXl 18(2)(a) of the Colorado 0:mstitution, and Sections 8-44-l0l(l)(c) and (3), 8-44-110, and 29-1-201, !!!:, .!!S· , Colorado ReVised Statutes, to fo:rm and participate in a self-insurance pool for worJ,.ers' CCllp!nllation coverages; and liHEREAS, the City Council of the City of Englewood has reviewed caitracts to oooperate with other Colorado cities and towns to fo:rm a self-insurance pool for workers' ca,pensation coverages; and WHEREAS, Council nust approve the current CIRSA/w: Bylaws and Inte~ Agreement and Manllg!!ll!nt services ~t so that the City canon ;and l'IIEREAS, City Council finds that participation in such A pool would be in the best interest of the City, its errployees, and its taxpayers; tOI, Tl!EREEtRE, BE IT am.\INm BY THE CITY CXXN:IL OF THE CITY C£ ~' COLaU\OO' n!A'l': Section 1. The "Bylaws and Intergovernrrental Agreement, Colorado Inte~al Risk Sharing 1¥3ency for Workers' catpensation, CIRSA/1«: (With P:nenaients !\pproved by the Mentiers 'nlrough 12-15-88)" is hereby approved. The Bylaws and Intergovernmental Agreenent contains generally: A. Definitions of terms B. Crea don of CIRSA/1«: c. Purposes D. Source of Money; Nonwai ver of Imnuni ty E. CIRSA/1«: Powers F. Participation G. Mentier.s' Powers and Meetings H. ct,ligations of Me!li,ers I. contributions J. Iloard of Directors K. P?wers and D.lties of the Board of Directors L. ioeetings of the Board of Directors M. Liability of Board of Directors or Officers N. Withdrawal fran ~le!li,erslup o. Expulsion of Ment>ers P. Miscellaneous provisions re lat~; to llllltlcipalities "10 becane memers Q. Ctm1'encement of CIRSA/1«: R. Policies adopted by mentiers pursuant to CIRSA/1«: Bylaws -1 - Section 2, 'l1le •~t tor Managlllant Services u lNnded ~ 11-29--88" ls hereby approved, 'I'1ia ~t generally contains the following: A, 'l'em of Agreerent B, Office Space c. Serlices D, Other Seivice Providers E, Amen<lnents F. cancellation G. Counterparts H. Gener.al Prollisions section 3. 'I!le Mayor and City Clerk are hereby authorized to execute agreements &iicribed in &!ctions 1 and 2 above for and on behalf of the City Council and the City of Englewood. Section 4. 'l1le City Clerk is hereby directed to transmit to Colorado Intergcverrmental Risk Sharing N}ercy for 1-klrkers' <:a,pensation, cf,) Jack M::Hugh, Assistant Dinctor, CIRSA/lC, 950 South Cherry street, SUit! 800, Denver, Colorado 80222, e,cecuted copies of this ordinance and the two agreements described in Sections 1 and 2 above. ' Section s. 'l1le Dittctor of Finance is hereby designated as the initial Voting RepreMntative to the Colorado Intergoverrffl!lltal Risk Sharing 1q!!lY:j for lt:>rkars' ca,pensation, and the Purchasing Agent is hexeby designated as the initial Alternate Voting Representative for the City of Englewood. Introduced, read in full, and passed on fil·st reading on the 6th day of February, 1989. Published as a Bill for an Ordinance on the 8th day of February, 1989, Read by title and passed on final reading oo the 21st day of February, 1989. Published by title as Ordinance No. '7 , series of 1989, on the 22nd day of February, 1989. / I, Patrir;ia H. Cro,,, City Clerk for the City of Englewood, Colorado, hel"l!by certify the above 1nd foregoing is a true copy of the Ordinance passed on final readin<, and p.iblished by title as Ordinance No. fl __ , series of 1989. ~~~ -2 - BYL>.WS AND INTERGOVERNMENTAL AGREEMENT COLORADO I NT ERGOVERNME NTAL RISK SHARING AGENC'l FOR WORKERS' COM~ENSATION CIRSA/WC (WITH AMENDMENTS APPROVED BY THE MEMBERS THROUGH 12-15-88) BYLAWS l\ND INTERGOVERNMENTAL AGRt:EHENT COLORADO IN1'£RGOVERNHENTAL RISK SHARING AGENCY FOR WORKERS' COMPENSATION ARTICLE I, D•(initions. As used in this agreement, the following terms shall have the meaning hereinafter sat out: (1) .llQARl2, Board of Directors of CIRSA/WC, (2) ~-This Bylaws and Intergovernmental Agreement, Colorado Intergovernmental Risk Sharing Agency for Workers' Compensation. (3) ~. Colorado Intargoverrunental Risk Sharing Agency, (4) CIRSA/WC. The Colorado Intergovarrunental Risk Sharing Agency for Workers' Compensation established pursuant to the Constitut.lon and the statutes of Colorado by this intergovernmental agroame nt. (5) CLAIM YEAR, Any twelve consecutive month period established by the Board, (6) DIRECTO R, A Director on the Board. (7) EXECUTIVE DIRECTOR, Executive Director of CIRSA/WC. (8) FISCAL YEAR, January l to Dec~mber Jl. (9) LOSS Ft!ND. A fur.d of money established by the Board for a claim year to pay lossas and loss adjus ~ent expenses covered in that claim year. (10) l:!EMW, A municipality which enters into this inter- governmental agreement . ARTICLE II. Creation ot CI~. The Colorado Intergovernmental Risk Sharing Agency for Workers' compensation, a separate and independent governmental and legal entity, is hereby formed by intergoverrmental agreement by Members pursuant to the provisions of 29-1-201 n ~-, C.R.S. as amended, 8-44-101(1) (c) and (3), and 8-44-110, C.R.S., as amended, and Colorado Constitution, Article XIV, Section 18(2), ARTICLE III. Purposes. (1) The purposes of CIRSA/WC are to provide Members a workers• compensation self-insurance pool to provide defined coverages, and claims and risk management services related thereto. -CIRSA/WC 12/88 2 (2) It is the intent ot the Members ot CIRSA/WC to create an entity to defend and indemnity, in accordance with the1e Bylaws, any Member of CIRSA/WC against stated liability or loSB, to the limit ot the financial resource ■ or CIRSA/WC available to pay such liability on lo••· It ia also the intent or the Memberw to have CIRSA/WC provide continuing stability and availability ot needed coverage ■ at reasonable costs. (3) All income and assets ot CIRSA/WC shall be at all times dedicated to the exclusive benefit ot its Members. ARTICLE IV. source ot Money: Non-waiver ot Immunity. (ll All CIRSA/WC monies are monies plus earned interest derived trom its Members which are municipalities within the State ot Colorado. (2) It is the intent of the Member~ that, by entering into this intergovernmental agreement, they do not waive and are not waiving any immunity provided to the Members or their employees by any 1 .w. ARTICLE V. CIRSA/WC Powers. (1) The powers ot CIRSA/WC to perform and accomplish the purposes set forth abov" shall be the following, to be exercised within the budgetary limits ot CIRSA/WC and subject to the procedures set torth in these Bylaws: (a) Retain agents, employees and independent contractors. (b) Purchase, sell, encumber and lease real property and purchase, sell, encumber and lease equipment, machinery, and personal property. (c) Invest money as allowed by Colorado statutes !or municipalities in 24-75-601 through 603, and 24-75-701 through 702, C.R,S., as amended, and such other statutes as may tram time to time apply to investments by Colorado municipalities; or as allowed by Colorado statutes for commercial insurance companies licensed in the State of Colorado, whichever types ot statutes are the more restrictive. (d) Carry out educational and other programs relating to risk management. (e) Purchase aggregate or specitic excess insurance, or both, or reinsurance, to supplement any loss fund, as the Board deems prudent. (fl Establish reasonable and necessary loss reduction and prevention p=ocadures to be followed by the Members, -CIRSA/WC 12/88 3 (g) Provide risk management and claim adjustment winlces, or contrc,ct for such services, including the defense and settlem~~t of claims. (h) carry out such other activities as are necessarily implied or required to carry out the purposes of CIRSA/WC ,r the specific powers enumerated in this Article. (i) Sue and be sued . (j) Enter into contracts. (k) Reimburse Directors expenses, including expenses meetings. for reasonable and approved incurred in attending Board (1) Purchase fidelity bonds from an insurance company app:n;ved by the Insurance Commissioner of Colorado to do business in Colorado. ARTICLE VI. Participation. (1) The membership of CIRSA/WC shall be limited to municipalities which are members of the Colorado Municipal League and which properly enter into and adopt these Bylaws. (2) New Members shall be admitted only by a vote of the Board, subject to the payment of such sums and under such conditions as the Board shall in each case or from time-to-time establish. (3) The Members shall be notified in writing of each proposed new Member. Ten percent (lOt) of the Members may request a membership meeting to condder admission of a new Member. The request shall be 1 n writing and must be received at the CIRSA/WC offices no later than fifteen days after mailing of the notice. If such request is timely r eceived, a membership meeting shall be called by th~ Chairman and the new Member shall be admitted only by a two-th'.-·ds (2/3) vote of the Members present at the meeting. ARTICLE VII. Members' Powers and Meetings. (1) The Membe~s at a meeting thereof shall have the power to: (a) Amend the Bylaws by a two-thirds (2/3) vote of the Members present at a meeting, but no amendment shall take effect sooner than sixteen (i6) days after adoption of the amendment. Written notice of any proposed amendment shall be provided to each Member at least fifteen days in advance of a vote on the amendment. If required by regulations or guidelines issued by the Insurance Commissioner of Colorado, no amendment shall take effect until a copy of the proposed or adopted amendment has been filed with the Insurance Co111111isaioner of Col redo and has -CIRH,/WC 12/88 4 been approved by him, but approval shall be considered given by the commissioner thirty days after such filing with tha commissioner unless prior commissioner notice has baen received. (b) Admit Members as provided in Article VI, and determine expulsion appeals pursuant to Article xv. (c) Remove a Director by a two-thirds (2/3) vote ot the Members present at a meet.',ng. (2) Meetings ot the Me111Ders shall be held as follows: (a) Members shall meat at least semi-annually at a time and place to be set by the Board, with notice mailed to each Member at least fifteen (15) days in advance. (b) Special meetings may be called by the Board or by a petition of one-third (1/3) ot the Members. Notice of s~ecial meetings shall be mailed to each Member at least xifteen (15) days in advance. (c) The Chairman of the Board will preside at the meetings . (d) Thirty (30) percent of the total number of Members of CIRSA/WC as of the date of any meeting shall constitute a quorum to do business during that meeting. (e) No absentee or proxy voting shall be allowed. (f) Each Member shall be entitled to one vote on each issue. ARTICLE VIII. Obliaations of Members. (1) The obligations of Members of CIRSA/WC shall be as follows: (a) Pay promptly all annual and supplementary contributions or other payments to CIRSA/WC at such times and in such amounts as shall be established by the Board pursuant to these Bylaws. Any delinquent payments shall be paid with ~nterest which shall be equivalent to the prime interest rate on the date of delinquency of the bank which invests the m)!jority of the CIRSA/WC funds. Payments will be considered deHnquent forty- five (45) days following the due date. (bl Designate a voting representative and alternate for the Members' meetings. A Members' voting representative must be an employee or officer of the Member, but may be changed from time-to-time. (c) Allow CIRSA/WC and its agents, officers and employees reasonable access to all facilities of the Member and all Member CIRSA/WC 12/88 5 recurd :i, including but n,,t limited to rinanciul records, as requirod tor the administration ot CIRSA/WC. (d) Allow CIRS/,/WC to make deci ■ions regarding, end to designate attorneys to represent the Member in, the investiga- tion, settlement and litigation ot any claim made against the Member wit.hin the scope of loss protection furnished by CIRSA/WC, (e) Cooperate fully with CIRSA/WC's attorneys, claims adjusters and any other agent, employee, or officer of CIRSA/WC in activities relating to the purposes and powers of CIRSA/WC. (t) Follow the loss reduction and prevention procedures established by CIRSA/WC. (g) Report t~ CIRSA/WC, in the form r1quired by the Board and as promptly r,s !'Ossible, all incidents or occurrences which. could reasonably be expected to result in CIRSA/WC being required to consider a claim against the Member, its agent3, officers, or employees, within the scope of coverages undertaken by CIRSA/WC. (h) Adopt a risk management statement approved by the Board. (i) Maintain an active safety committee or sa.f.ety .:oor- dinator. (j) Report t o CIRSA/WC as soon as reasonably po~sibla, the addition of new programs and facilities or the significant reduction or expansion of existing programs and facilities or other acts which may cause material changes in the Member I s exposures. (k) Participate in cover"ge of losses and pay contributions as established and in the manner set forth by the Board . (1) Contract with CIRSA for management services, the contract to specify the management services to be provided and the manner of establishing and paying the cost of such services. ARTICLE IX. Contributions. (1) The Board shall establish contribu- tions to be paid by the Members. (2) The contributions may incluue contributions to ~ reserve fund, The reserve fund may be used only to pay claims, and expenses related thereto, accepted by the Board pursuant to Articlg XI ( 1) (p) for which previous contributions for a claim year are insufricient. If the reserve fund is used to pay claims, and axpeni:es related thereto, accepted by th11 Board pursuant to Article CIRSA/WC 12/88 6 e XI ( l) (p), th• Board shall require the Members ,ind any fom;,r Members for the particular claim y"ar to replenish t.he reserve fund by the levy of one or more additional contributions. Such contributions shall be in the samo proportions as the initial contributions tor the particular claim year ot all such Members. All Members and former Members shall pay such contributions and, by virtue ot their membership during any claim year, waive the right to assert that the levy ot additional contributions pursuant to this Article tor such claim year is barred by any statute of limitations. (3) The Board shall annually review and report to the Members the contributions to the reserve fund, the earnings thereon and the expenditures therefrom. The Board shall credit Members and former Members making such contributions, in the same proportions a ■ the contributions were made, all amounts in excess ot the amounts which the Board reasonably determines to be necessary to pay claims and expenses related thereto, including sufficient funds tor payments which might be made pursuant to Article XI(l) (p). Credits shall be made against future contributions ot Members and shall be paic! to forr.-,er or withdrawing Members. no credit shall be given to any Member or paid to any former or withdrawing Member which owes any amount to CIRSA/WC or CIRSA until the amount owing is paid, and any credit or payment to be made under this Article IX may be used to pay such amount. (4) Any money contributed for a claim year to the loss fund and not needed for that claim year may be credLed to the reserve fund or may be credited against future contributions of Members and paid to tor~er or withdrawing Members which were Members during that claim year, or both, as the Board may dete::inine, except as otherwise specifically provided in these Bylaws or in policies adopted by the Members as authorized in these Bylaws. All credits and payments shall be in similar proportions as the contributions paid by the Members for the particular claim year. The Board shall reasonably determine whether money is available for reserve fund credit or contribution credit and payment, or both, and the timing and amount thereof. no credit shall be given to any Member or paid to any former or withdrawing Member which owes any amount to -:IRSA/WC or CIRSA until the amount owing is paid, and any credit or payment to be made under this Article IX may be used to pay such amount. (5) Members shall have the obligation to repay CIRSA for its reasonable costs incurred in the creation ot CIRSA/WC within such time and in such amounts as the Board may prov i de, and tor the expenses reasonably associated with CIRSA's administration ot CIRSA/WC during 1988 which exceed the amount of $79,700, within such time and in such manner as the Members and Board may agree. -CIRSA/WC 12/88 7 Al!'.U£f,L;{. JiQ.;W~~•ll• ( 1) The Board wil J bu composed of those pe rsons who, trom t ime to time, compris" the Board of Direct ors of CIRSA . The term of each Director shal l coincide wi th the Director's term on the Board ot Directors of CIRSA. (2) The officers ot CIRSA/WC will be those persons who, from time to time, comprise the offices of CIRSA. The term of each otticer shall coincide with the officer's term as an officer of CIRSA. (3) A vacancy shall exist on the Board at the same time the per ■on vacates the position on the Board of Director ■ of CIRSA. Tha vacancy shall be tilled by the person filling the position on the Board ot Directors of CIRSA. (4) Sections (1), (2) and (3) ot this Article X are repealed on January l, 1990. (5) During 1989, the members shall elect persons to the Board of Directors who shall assume office on J anuary l, 1990. At that election, the Director receiving the largest number of votes in each population category set out in section (6) of this Article X shall be elected tor a two-year term, with the remaining Directors serving one-year terms. The successors of each shall be elected for two-year terms. (6) Effective January l, 1990, the Board of Directors will be composed of seven (7) Directors, each from a dit!erent member, elected from a~ong the Members' voting representatives as follows: (a) Two Di rectors, each f rom a different Member under ten thousand (10,000) population. (b) Two Directors, each from a different Member of ten thousand (10,000) to forty thousand (40,000) population . (c) Tw o Directors, each from a different Member above forty thousand (40,000) population. (d) One director at large . (e) Every year population will be determined by the population f igures then most recently used by the Colorado Municipal Le ague to calculate its membership dues. (f) No person shal l be removed from office as a Director by reason of any change, during the term of office tor which such parson was elected or appointed, in the population categories deacribad in (6) (a), (b) and (c) of this Article X or in the population of the Director's municipality. -CIRSA/WC 12/88 8 (g) . Terr:,s ot the Dfrectors will be two-yaar-staggarod terms, except as provided in Section (5) of this Article X. (7) The election ot Directors will be made by the members at their annual meeting in 1989 and each year thereafter, A Director ■hall assume office at the fir■t Board meeting following his or her election, except as provided in Section (5) of this Article x. (8) At the first Board meeting following January l, 1990, and thereafter at the first Board Meeting following each annual meeting, th• Board shall elect a chairman, vice-chairman, sec- retary/treasurer and other officers as appropriate. Each officer shall serve until his or her successor is elected, but there shall be no limit on the number of terms seriieaby any person. (9) The Board may till vacancies in the Board by majority vote of the remaining directors tor the unexpired term. (10) If CIRSA dissolves prior to January l, 1990, the parsons serving on the CIRSA/WC Board of Directors at the time of dissolution shall continue to serve on the Board until January 1, 1990. This section 10 is repealed effective January l, 1990. ARTICLE XI. Powers and Duties ot the _Board ot Directors. (l) The Board shall have the po~er to: (a) Adr:,it new Members as provided in Article VI and ndopt criteria for new Members. (b) Establish contributions to be paid by the Members, at such time or ti~es and in such amounts as the Board deems necessary to protect the solvency of CIRSA/WC and appropriate for the operation of CIRSA/WC . (c) Establish the types of losses to be covered, limits of liability on any exce ~s insurance or reinsurance policies, and the types of deductions which CIRSA/WC provides. (d) Select all service providers necessary for the administration of CIRSA/WC. (e) Set th~ dates, places and provide an agenda for B~ard and Members' meetings. (f) Exercise all powers of CIRSA/WC except powers reserved to the Members. (g) Hire and discharge personnel or delegate such authority to the Executive Director ·ot CIRSA/WC . (h) Make reports to the Members at their meetings. CIRSA/WC 12/88 9 (i) Provide for claims and loss control procedures, establish conditions which must be mat prior to the payment or defense of a claim, and deny a claim or the defense of a claim if the conditions are not met. (j) Provide for the investment (subject to the limits of Article V (1) (c)) and disbursement of funds. (kl Establish rules governing its own conduct and procedure and the powers and duties of its officers, consistent with these Bylaws. (l) Form committees and provide other services as needed by CIRSA/WC. The Board shall determine tte method of appointment and terms of committee members. (m) Do all acts necessary or proper for the operation of CIRSA/WC and implementation of these Bylaws subject to the limits of the Bylaws and not in conflict with these Bylaws. (n) Dissolve CIRSA/WC and disburse its assets by a two- thirds (2/3) vote of the entire membership, but a notice of intent to dissolve CIRSA/WC shall be given to the Insurance Commissioner of Colorado at least ninety (90) days prior to the effective date. No such plan to dissolve CIRSA/WC shall be effective until approved by the Insurance Commissioner . Upon dissolution of CIRSA/WC, the assets of CIRSA /WC not used or needed for the purposes of CIRSA /WC, as determined by the Board and subject to approval by the Insurance Commissioner of Colorado, shall be distributed exclusively to municipalities which are members of CIRSP./WC prior to dissolution to be used fer one or more public purpo~~s. (o) Delegate to the Executive Director, by motion approved by the Board, any of the Board's powers and duties, except that the Board may not so delegate its powers to admit new Members, establish contributions by the Members, adopt CIRSA /WC' s budget, establish conditions which must be met prior to the payment or defense of a claim, or dissolve CIRSA/WC. (p) Notwithstanding any other provision of these Bylaws or any limitation on CIRSA/WC coverages, for any claim year the Board may accept and pay those claims and expenses related thereto which would otherwis~ be denied for the reason that payment would exceed the sum of the ~"'lol 's loss fund and any aggregate stop loss insurance for that claim year, but no such acceptance or payment shall cause CIRSA/WC to become insolvent. Any such payment shall be consistent with such policy as the Members may adopt by a two- thirds (2/3) vote of the Members present at a meeting. -CIRSA/WC 12/88 10 (q) Amend any contract witi1 CIRSA for manag e ment service:: which is executed by the Members and CIRSA pur~uant to Article Vlll (l) of these Bylaws . (2) The Board shall have the duty to: (a) Provide to Members annually, the budget for CIRSA/WC; an audit of the financial affairs of CI RSA/WC to be made by a certified public accountant at the end of each fiscal year in accordance with generally accepted auditing principles and state law; and, a report of operations. (b) Provide for. payment of covered claims and expenses related thereto in the order in which the amounts become due, until money available for such paymP.nt is clepleted. ARTICLE XII. Meetings ot the Board ot Directors. (1) The Board may set a time and place for regu:ar meetings which may be held without further notice, and shall establish procedures for notice of special meetings . (2) Three (J) Directors shall constitute a quorum to do business. All acts of the Board shall require approval of a majority vote of th3 Directors present. (3) one or more or all Directcrs on .the Board may participate in any meeting of the Board by means of a conference telephone or similar commun i cations equipment by which all persons participating in the meeting can hear each othe~ at the same time. Participation by such means shall constitute presence at the meeting. (4) Any action of the Board ~ay be taken without a meeting if consent in writing setting forth the action so taken is signed by all Directors then serving on the Board. Such consent shall ha ve the same effect as a unanimous vote and may be executed in counterparts. ARTICLE XIII. Liability of Board of Director or Q!ticers. The Directors and officers of CIRSA/WC should use ordinary care and reasonable diligence in the exercise of their power, and in the performance of their duties hereunder; they shall not be liable for any mistake of judgment or other action made, taken or omitted by them in good faith; nor for any action taken or omitted by any agent, employee or independent contractor selected with reasonable care. No Director shall be liable for any action taken or 01nitte:d by any other Director. CIRSA/WC shall obtain a bond or other security to guarantee the faithful performance of each Director's, officer's and the Executive Director's duties hereunder. The loss fund for the appropriate claim year may be used to defend and indemnify any Director, officer, or employee for actions taken by -CIRSA/WC 12/88 ll each such purson in good taith within the s c o pe of hi:1 or her authority for CIRSA/WC . CIRSA/WC may purchnse inc.uranco providing similar coverage for such Directors, officers and employees. ARTICLE XIV, Withdrawal trorn Membership. (l) Any Member may withdraw trom CIRSA/WC by giving prior notice in writing to the Board of the prospective affective data of its withdrawal. (2) It the affective date of a Member's withdrawal is a date other than a January l, the withdrawing Member shall not be entitled to receive any refund of contributions made for adminis- trative (e.g. non-reserve fund, non-loss fund) costs for the claim year of withdrawal. The withdrawing Member shall be entitled to receive within forty-five days after the effective date of withdrawal, a proportionate return of its contribution to the loss fund for the claim year of withdrawal. The proportion shall be that percentage which the number of days remaining (after the affective date of withdrawal) in the claim year of withdrawal bears to the total number of days in that claim year. Any return of other loss fund c o ntributions tor the claim year of withdrawal shall be subject to Article IX (4) and any return of reserve fund contributions shall be subject to Article IX (3), (3) If the effective date ot a Member's withdrawal is a January l but the Membt!r's written notice of withdrawal is received by CIRS A/WC more than thirty days after the date on which CIRSA/WC mailed a preliminary quote of the contribution to be assessed the Member for the year beginning on that January l, the withdrawing Member shall be obligated to pay its share of CIRSA/WC's adminis- trative (e.g., non-loss fund and non-reserve fund) costs for the y~ar beginning on that January 1 . ( 4) The Members may, by a two-thirds ( 2/ 3) vote of the Members p~esent at a meeting, adopt or amend a policy establishing ad~itional conditions applicable to Members which withdraw. ARTICLE xv. Exoulsion of Members. ( 1) A Member which fails to make any contribution or other payment due to CIRSA/WC shall be automatically expelled from CIRSA/WC on the sixtieth day following the due date, unless time for payment is extended by the Board and payment is made within any extended period. A notice of failure to make a contribution or other payment due to CIRSA/WC shall be mailed to the Member at least thirty (30) days prior to the first date ct automatic expulsion. It time for payment is extended by the Board and payment is not made within any extended period, the automatic expulsion shall occur on a date, no later than twenty (2r•) days after the last day of the extended period set by the Bo , rd . An expulsion under this subsection (l) shall not be subject to the provisions ot subsection (2). CIRSA/WC 12/88 12 (2) A Marnber rn11y he e xpelled by the Board f or failure to carry out any other obligation of the Member subject to the following: (a) The Member shall receive notice from the Board of the alleged failure and not less than thirty (JO) days in which to cure the alleged failure, along with notice that expulsion may result if th• failur• is not ao cured. (bl The Member shall receive at least thirty (30) days prior notice from the Board of the date, place and time when the Board will consider expelling the Member from the Pool, and the Member shall be entitled to be present at that meeting and to present evidence and reasons why it should not be expelled. The decision of the Board shall be effective as of the date and upon the terns and conditions set forth in the Bylaws and applicable excess or reinsurance policies and as otherwise apeci!ied by the Board, except as provided in paragraph (c) of this Article XV (2), (c) The Member may appeal the Board's decision to the membership . Notice of the app e al shall be provided to each Member. The appeal shall be cor,sidered by the Members only if twenty (20) percent of the Members request the Board, in writing, to schedule a membenhip meeting on the appeal; otherwise the appeal shall be co nsidered denied. If the appeal will be considered by the Member s , the Chairman of the Board shall schedule a membership meeting and each Member, including the appealing Member, shall be provided at least ten (10) days prior ,ritten notice of the date, time and place of the meeting. The appealing Mem ber shall be entitled to be present at t hat meeting and to present evidence and reasons why it should not be e xpelled and the Board may present evidence and reasons why e xpulsion is proper. The appealing Member shall not be counted in determin ing the nu mb er of votes required, nor shall the appealing !'.ember be entitled to vote on the appeal. The decision of the Members shall be by majority vote of those present at the meeting and shc1ll be final, a nd any e>:pulsion shall be e ffective as of th ,~ date and upon the terns and conditions set forth in the Jlylaws and applicable excess or reinsurance policies, and as otl:e:cwise specified by the Members . (J) The Me mbers may, by a two-thirds (2/3) vote of the Members present at a meeting, adopt or amend a policy establishing requirements applicable to Members which are expelled. ~~-Miscell11neous. (1) This document shall constitute an intergovernmental contract among those municipalities which become Members of CIRSA/WC. !'he terms of this contract may be enforced in court by CIRSA/WC itself or by any of its Members. CIRSA/WC 12,'88 lJ (2) Tho consideration for tho duties hei:ewith impoaed upon the• Members to take certain actions and to refrain from certain other 11ctions shall be based upon the mutual promises and agreements oi: the Members sat forth herein. (3) These Bylaws may ba executed in counterparts. A certified copy of tha ordinance, resolution or other document of approval for each Member, accompanied by an attorney I s certification of proper authority and adoption, shall be attached to the Member's Bylaws on file with CIRSA/WC. (4) Except to tha extent of the limited financial contritutions to CIRSA/WC agreed to herein or such additional obligations as may come about through amendments to these Bylaws, no Member agrees or contracts herein to ba held responsible for any claims in tort, contract, or otherwise made against any other Member. The contracting parties intend in the creation of CIRSA/WC to establish un organization only within the scope herein set out, and have not herein created as between Member and Member any relationship of surety, indemnification or responsibility for the debts of or claims against any other Member. (5) In the event that any article, provision, clause or other part of these Bylaws is held invalid or-unt.lrceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability with respect to other articles, provisions, clauses, applications or occurrences, and Bylaws are expressly declared to be severable. (6) The provisions of these Bylaws and the assets of CIRSA/WC are for the benefit of the Members of CIRSA/WC, and no other persons or entities shall have any rights or interest in these Bylaws or in any such assets, as a third party beneficiary or otherwise. The assets of CIRSA/WC sh~ll not be subject to attachment, garnishment, or any equitable proceeding. ( 7) The Insurance Commissioner of Colorado shall have such authority with respect to the formation and operation of CIRSA/WC as is p~cvided by applicable Colorado law. (8) Except as permitted in these Bylaws, and amendments hereto, neither the Board nor any other person or entity is authorized to incur liabilities or obligations or enter into contracts on behalf of the Members. (9) If required by regulations or guidelines issued by the Insur.ance Commissioner of Colorado, "insolvency" as applied to CIRSA/WC shall have the meaning as defined in 10-3-212, C.R.S., as amended. (10) The statutory reporting pniod for CIRSA/WC shall be the calendar year. CIRSA/WC 12/88 l4 ARTICLE XVII. Commencement ot CIRSA/WC. The Board or Directors or CIRSA shall determine, no later than December 29, 1987 , whether there has been deposited with or committed to CIRSA/WC as a tirst year I s payment an amount or money ■utricient to satisty the minimum start-up level or CIRSA/WC, which shall include three hundred thousand dollars ($300,000) initial paid-in surplus, unless the Insurance Commissioner ot Colorado approves a lower amount or initial paid-in sui-plus. It the Board or Directors ot CIRSA determine ■ that the amount is sutticient, then these Bylaws shall become 1!!1ctive, CIRSA/WC shall commence, and coverage will be provided on th• date or dates specified by such Board or Directors. No time deadlines contained within these Bylaws shall apply to actions tirst taken atter formation or CIRSA/WC it compliance with th• time deadline would detr imentally attect the formation and initial operation or CIRSA/WC. This paragraph shall be automati- cally repealed effective January l, 1989. ATTEST: By: ___________ _ -Name Title Title City/Town Date Date CIRSA/WC 12/88 15 POLICIES AOOPTED BY THE MEM li ERS PURSUANT TO CIRSA/l<C BYLAWS, ARTICLES IX, XI, XIV AND XV 1. Payment or excess loss,". (a) Any payment for claims and expenses related thereto made pursuant to CIRSA/WC Bylaws, Article XI (1) (p) shall be made only· from a reserve fund established pursuant to CIRSA/WC Bylaws, Article IX (2) (hereafter "reserve fund") and shall be subject to the conditions and requirements of Article IX (2). lb) The Board shall not pay any claims or expenses related thereto pursuant to Article XI (1) (p) in excess of the amount in the reserve fund. (c) Within twelve months after any payment is made pursua.,t to Article XI (1) (Pl, the Board shall determine the total amount of payments so made and shall levy contributions against the Members specified in Artic·,a IX (2) in an amount necessary to replenish the res e rve funrl for those payments. For any claim year in which a reserve fund contribution was not made or was insuffi- cient to cover claims and expanses related thereto, the amount levied by the Board shall include the amount of i 11tarast which the reserve fund did not earn as a result o f the payments 1r.ade therefrom, as reasonably calculated by CI~JA/WC's controller. 2. conditions and requirements appl 1cable to all withdrawing and expelled Members . (a) A withdrawn or expelled Member shall remain obligated for all a ~ounts owing prior to withdrawal or e xpulsion from CIRSA/WC and for all amounts which thereafter become c-..ing pursuant to ClRSA/WC Bylaws and policies adopted by the M.o ,:i bers which-are in effect at the time of wit:· :awal or expulsion including, but not limited to, contribution$ levied pursuant to Article IX (2) of the CIRS J\/WC Bylaws. (u) A withdrawn or expelled Member is considered a Member of CIRSA/WC for the purpose of payment of the Member's claims and expenses related thereto which remain covered under the terms of CIRSA/WC's e xc ess policies. A withdrawn or expelled Member shall re1nain subject to all conditions of coverage and obligations of a Member under CI RS A/W C' s Bylaws, excess or reinsurance policies, and policies adopted by the Members which are in effect at the time of withdraw al or expulsion. A withdrawn or expelled Member shall have no right to vote on any matter pending before the CIRSA/WC membership. (c) A withdrawn Member shall retain all rights o f a withdrawn Member under CI RSA/WC' s Bylaws and policie ■ adopted by the Members which are in effect at the time of the withdrawal. An expelled Member ■hall retain all rights of an expelled Member under CIRSA/WC's Bylaws and policies adopted by the Members which are ir, effect at the time of the expulaion. No withdrawn or expelled Member may be adversely affected by any change in ■uch Bylaw ■ or policie ■ adopted subsequent to the effective date of the Member•~ withdrawal or expulsion. AGREEMENT POR MANAGEMENT SERVICES A ■ amended through 11-29-88 EXHIBIT B This agr ■■m ■nt i ■ made by and batWft ■n th& ~u!oratlo Intergovernmen- tal Ri ■k Sharing Agency (h ■r ■atter "CIRSA") , and th ■ member ■ ot the Colorado Intergovernmental Risk Sharing Agency tor Worker's Comp ■n ■ation (har ■att ■r "CIRSA/WC"). In consideration ot th ■ mutual covenant ■ herein contained, the parties agr ■■ as tallow ■: 1. :.ti.en, This agreement ■hall take ettect on the date CIRSA/WC begin ■ operation and shall continue ~.n force until terminated. It permitted by CIRSA/WC I s Bylaws and Intergovernmental Agree::;e nt, thi ■ agreement may be terminated by CIRSA or the Board of Directors ot CIRSA/WC (hereafter 11 CIRSA/WC Board"), on any January l by eithn giving at l ■a ■t n inety (90) days prior written notice to the other. Upon termination , CIRSA shall promptly transfer all tiles and document ■ ot CIRSA/WC to such person or entity as the CIRSA/WC Board may direct. 2. Qttica space , CIRSA/Wc shall occupy space provided by CIRSA, the rental value of which is included in t he annual sum o~ed to CIRSA. J . Services. CIRSA shall ret~in an Executive Director and other stat! members to provide or arra:1ge tor prov ision of management services to CIRSA/WC including the following : (a) Bookkeeping services . (b) Preparing financial statements . (c) Preparing necessary reports on cla i ms, incidences and loss prevention not provided by other service providers . (d) Recording and depositing of payments. (e) Providing information to potential members. ( t) Respondi.ng to inquiries from existing and potential members. (g) Reviewing claims with member ■• mgtserv.88 -l- (w) Developing and imi>le:nenting a risk management prograr.i for CIRSA/WC, subject to approval of the CIRSA/WC Board. (x) Maintaining the a ccounts, books and r,,cords of the Pool in a manner consistent with generally accepted accounting principles and c onsistent with sound insur11nce accounting princi ples, including a full and complete set of stat·~t ory accounting records (general ledger, cash receipts and di a bursement journals, and other subsidiary records neces sary to maintain all financial information) . Ct/ :iLt.ainin~ fl.!~j,i ly i;ovt:.c age fvL· thb Exe ~ut..l vd Dir~..;t.oc o! and staff providing services to CIRSA/WC in an amount mutually acceptable to the parties hereto, and supplying a copy of the bond to the CIRSA/WC Board and the Insurance Commissioner o! Colorado . The bond r.iust include a thirty day .,otice o! termination by registered mail to the Insurance comr.iissioner of Colorado. (z) Annually preparing a draft budget for ccnsiderat io n by the CIRSA /W C Board, to be completed on such date a s the CIRSA/WC Board may direct. (aa) Maintaining or prov iding fc,r the maintenance o! necessary claim files and supporting reports. (bb) Providing the Insu rance Cor.imis sioner of Colorado access to all accounts and r ecords by CIRSA /W C and provid ing accocmodations during any e xamination. (cc) Sub j ect to the direction of the CIRS~./KC Beare!, doi ng and performing s:..ich ot!',er, further a:id additio nal things, acts and duties as are generally done and perfor~e1 by persons or e ntities a dmi nisteri ng a;id implementing self- insurance pools of this ~ature. 4. other Service Prov~. Nothing in this agreement is intended to 11',ake CIRSA, its officers or emp loyees, liable for t r.e errors, omissions, nP.gligence, or other torts o! CIRS A/W C's claims administration service or of any other contract service provider to CIRSA/WC; and no such liability shall exist. CI RSA shall not be responsible for the duties assigned to CIRSA/WC's other service providers pursuant to contract or decision of the CIRSA/WC Board. s. amendments. This Agreement may be amended by written agreement of the CIRSA Board of Directors (hereafter "CIRSA Board") and the CI RSA/WC Board. . mgtserv.88 -3- 6. Reimbursement for~- (a) CIRSA/WC shall pay CIRSA, tor all services rendered under this Agreement on and ofter January l, 1989 , a total annual sum which shall consist of all e xpenses reasonably associated with CI RSA' s administration ot CI RSA/WC, as determined ann ua lly and approved by the C.IRSA Board and the CIRSA/WC Boa r d. Services rendered under this Agreement in 1988 <>nly , CIRSA/WC shall pay CIRSA a total annual sum ot $79,700.00. The CIRSA Board shall determine no later than January Jl, 1989, whether the .aAµ~1 ,scs raa:h.,n.:J.l.Jj,_}' assc..::i;:.: l ~.! · .. d t h c:~.:.:\' ~ administr,,,tion ot CIRSA/WC during 1988 exceeded the sum ot $79,700.00 and the amount of any such excess. Not~ithstanding any other provision ot this agreement or ot CI RSA/WC' s Bylaws and Intergovernmental Agreement , that amount shall be an obligation ot and be paid by the members ot CIRSA/WC, which were mem bers during 1988. Such payment shall be made only by deduction tro1'1 any credits given members pursuant to ~.rticle 1:< of the CIRSA/WC Bylaws and Intergovern1'1 ental Agreement or otherwise , unless a member withdraws or is expelled prior to any such credit being given, in which e v ent the payment trom that member ~h all be i mm ediately due. (b) CIRSA/WC shall pay CI RS A an a1'\ount for 1988 administra- tive servic es, in addition to the $79,700 established in paragraph (a) of this p~ragraph 6, to be collected from mu:iicipalities which are not ar.,ong t~.e thirty-eight initial members of CIRSA/liC but ,,hich join CIRS.>.;;-:c in 1988, that amoun t to be equal to 7. 54% of each such municipality's contribut ion to CIRSA /W C's less fund . (c) In determining by January 31 , 1989 whether CIRS>.' s expenses reasonably associated with CIRSA's adminis:ra- t ,i o n of CIRSA/W C during 1988 exceed the s um cf $79, iOO , e~ pro vid ed in paragraph (a) of this paragraph 6, the ,.11:, of $79,700 shall first be increased by an ar.,ount co llected pursua:it to paragraph (b). Any excess a1'\ount to be paid by the 1988 members of the CIRSA/WC shall be allocated among those ~.embers in proportion to their initial contribution to administrative expenses for 1988 and shall be collected as provided in paragraph (a). 7. cancellatioo, Upon cancell_ation or termination , at least thirty (30) days advance written notice will be provided to the Insurance Commissioner of Colorado by CIRSA/WC. 8. Counterparts . This Agreement may be executed in counterparts. mgtserv. 88 -4- 9. General Proyisio1111. This agreement contains all agreement :i , understandings, and arrangements between the parties and no others exist. All previous agreements, und•;;-standings, and arrangements between the parties are terminated by the Agreement. By theak signatures , the parties agree to all the terms, condi- tions, and provision ot the Agreement. CIT'i/TCWN CF ____________________ , CO!.C , .. \Cc' By : _____________ _ Date: _________ _ Mayor ATTEST: Name Title Date COLORADO INTERGOVERNMENTAL RISK SHARING AGENCY By : _____________ _ Date: _________ _ Chairman mgtsarv.88 -5- COUNCIL CONNUNICATION OATE A8EIIIA ITEN SUBJECT January 26, 1989 II (a) Workers' Compensation Insurance -1989 INITIATm BY Finance Department -Margaret L. Freeman, Acting Director STAFF SOURCE Margar;t Freeman, Acting Director of Finance ACTION PROPOSED Adopt an Ordinance Approving the Colorado Intergovernmental Rt s k Sharing Agency/Workers' Con;pensat ton ( C !RSA/WC) Intergovernmenta 1 Agreement and Adopt a Resolution Amending the 1989 Budget. BACKGROUMD As Ctty Council was previously informed during budget retreat, premium costs for workers' compensation insurance have risen dramatically over the last two years . A copy of the September 20, 1988 memorandum ts attached . Due to the 35.661' costs in- crease for 1988, budget for 1989 was increased by 49.31' over 1988 and 18 .51' over 1988 estimate. Rate schedules and premium estimates were not made available to the City by the State Compensation Insurance Authority (SCIA) unttl the last week of December, 1988 . An estimated 1989 premium costs was completed ustng data provided by SCIA. A 1989 contrtbutton quotation for workers' compensation was received from CIRSA/WC . The two quotations are as follows : CI RSA SCIA 1989 Prem i um $592,976 $673,752 1988 Budget Dt ff to Budget 423,810 423,810 169,166 249,942 The estimated premtu111 fr011 the SCIA ts 1551' greater than !987 costs and 881' greater than 1988 revised costs . SCIA rates by job chsstfication increased for 1989 and due to our clat111s/loss history there were no discounts offered for 1989 . SCIA discounts have been : -'87 '88 '89 State Fund Discount m ffi ffi Experience Credit Modification 12' a 12%-Deblt Schedule Discount 12' 13% ~ Net d lscount 57% credit 48% credit 3% debit If the City had received for 1989 ,. the same discounts as appl led in 1987, the 1989 estimated premi um wculd have been $362 ,179 . For 1989, the City received no cred i ts/ discounts and in fact, our experie1nce modification resulted in an increase of the tota 1 premium . The quota t. ion from CIRSil/WC of S592 , 976 includes a mandatory surplus contribution of $18,939 . The City dces have ~r. equity interest in the surplus as the surplus is the City 's portion of t he total CIRSA/WC reserve mandated by law. Our true prem i um costs of $574,037, after reserves, are approximately $100,000 less than the SCIA estimated premium. The City is mandated to provide workers' compensation and CIRSA/WC is the least expensive option available to the City . In order for the City to partic'l pate in CIRSA/WC, the City Council must ap~rove the bylaws, intergovernmental agreement and management services agreement of CIRSA/WC . FINANCIAL: The total 1989 budget for all funds for workers ' compensation insurance is $423,810 . The total 1989 budget is $169 ,166 less than the $592 ,976 required for Cl RSA/WC premium and reserves . Additional budget requirements b,v fund are as follow s : Estimated 1989 Cl RSA/WC Budget 1/1/89 Fund ~ Costs Deficit Ba 1 ance Genera 1 Fund $3 ' $44r;147 $127 ,093 $1 ,600 ,000 Water Fund 17,230 24,076 6,846 12,500 ,000 Sewer Fund 3,480 4,862 1,382 5,000,000 Bi -City Joint Venture Fund 70,602 98,730 28,128 N/A Go 1 f Course Fund 3,611 5,040 1,429 335,000 Ser vicenter Fund 10,529 14,706 (, 177 150,000 Central Services Fund 304 415 lll 140 ,000 S423,8To ~ $)69 , 166 A 1989 budget resolution appropriating funds from the required funds ' fund balan ce will be necess~ry for 1989 workers' compensation insurance required cost s. The estimated 1-1-89 fund balances are unaudited and are estimates only at thi s date . Expenditures for the Bi-City Joint Venture fund are appropriated from revenues derived from the contributions from the Cities of Englewood and Littleton. RECOIINENOATION: It is recommended by tht Finance Department that the CIRSA/WC Bylaws , Intergovernmental Agreement and Management Services Agreement be approved and that a 1989 budget resolution appropriating additional funds be approved . HEHORANOUN -To : Peter Vargas, Acting City Manager From: Date: Margaret L. Freeman, Acting Director of Finance September 20, 1988 Subjec t : Workers Compensation Insurance The 1988 premium for the City's workers compensation insurance carried with the State Compensation Insurance Fund, increased by 35 .66% for all funds o~er the 1987 premium costs. The increase was $73,973 over 1988 budget for all funds. Attachment A is a summary of costs and budget projections for all funds and Attachment B is a detail of costs for 1987 and 1988 and the budget for 1989 . Worker~ compensation insurance premiums are determined by multiplying the in- dividual employee gross salary by the rate applicable to the work or industry classification . Rates range from S0 .30 per hund r-ed of salary fo r City Attor- ney 's office to $12 .49 per hundred of salary for str eet maintenance workers . (Attachment C is the latest rate schedule from the State Compensation Fund .) After calculation of the total premium, a state fund discount, an experien ce credit modi fi cat ion discount and a schedule discount are each app 11 ed and a total premium due is the result. The actual discounts have been : State Fund Discount Experience Credit fl o~i fic at i on Schedule Discount 1988 33% 2% 13% 1987 33% 12% 12 % The cu11,o ination of higher individual rates (ap proxima t ely Iii~ i ncrease) and the 10% reduction in experience credit modification , resulted i n the net in - cr ease of workers compensat i on insu r ance premiums . Give n t he dramatic in- cr~ase i n 19e8 premium s , budget for 1989 reflects an inc r ease of 18 .5% over ln88 estimate . On September 15 , 1988, the City received bi 11 i ngs for retrospective adjust- ment s for 1984 and 1987 premiums . The final adjustment for 1984 is $1,208 .00 and the adjustment for 1987 i s $27,937 .00. There should be no further in- cr ea sed adjustment for 1987 . This total cost of $29 ,145 .00 is to be paid in 1988 and is no t. i ncluded in the attached 1988 estimate . Attachment D is a memo from Colleen Caudill that datail s the City 's actual experience since 1984 . The majority of claims have been for neck and back injuries and one opt ion t o reduce our costs would be to establish specifi c employe e tra i ning program(s) in an attempt to reduce such i njur i es. The CHy will be receiving a preliminary estimate from CIRSA for workers com- pensation insurance for 1989 . 1989 w111 be the second year that C!RSA will make co verage available . The CIRSA quote for 1988 was higher than the State Compensation Insurance Fund . The Finance departmen t has requested an esti - mated quote for 1989 from the State . Athchment A -Workers Compensat 1on Insurance Prem1 ums 1987 1988 1988 ~ Dlff 1989 ~ Inc to Actual Estimate Budget to Buo;et Budget 88 Est ,ieneral Fund 198,954 269,654 214,005 +26 .~ 318,751 +18.2~ Water Fund 10,657 14 I 359 11,434 25 .6 17,230 20.0 Sewer Fund 2,142 2,900 2,298 26.2 3,480 20.0 WWTP Fund 43,366 59,251 46,930 26.3 70,602 19.2 Golf Course Fund 2,223 3,009 2,383 26.3 3,611 20.0 Servlcenter Fund 6,517 8,774 6,979 25 .7 10,529 20.0 Central Services Fund 184 254 199 27 .6 304 19 .7 Total 264,043 358,201 284,228 26 .0 424,507 18.5 "U ~i:., FU ND ~JV. r.r vIS]('I'·•· •••••• '.2 12 11 CITY co u~r'.L 02 02 1' CITY ATT ,.~i;ry 02 :,2 1 , •u ~1r.1°1~ r c uRT C2 (22 1 CITY ~-M~i•~ ~2 "22° r~?LCYr.c R•LAT!O 02 n2: CITY CLE~Kl<ECO~ 02 022/ ACC ,1UNTl'JG ~ AUD ('2 ~Z27 R:Vt},u : ;2 ,22 P PU RCHA[IMC [2 c22• o••· PR"C[ISING 0 2 0 23 l E~Gl~tE•l ,G SE RV r 2 02!4 PUSLIC ~o~~~ -A :-2 :2 37 s r~,n ~ , DRArn• 02 0 23 • T?AF FIC ENGINE£~ 02 C2!" GE~fRAL J•EqATIJ 02 02 4 ~ Fl "E -r.,•nISTR 02 c?.4• fJ;;r -0RtVtNT IO 02 024~ FIF F. -;rscuE SE n 0 24 ' Flrf. • SJ FPRESS! ~2 ~24 ~ ~IR~ -T~lI,I~G - 02 0 25 : ro~"UldCA TIONS ! G2 0251 POL!CE • AD~INIS 0~ C252 A~!MAL S ➔E LTE " 02 0253 FOUCE -•HROL C2 °25• POLICE -I NVEST! 02 02 55 co~•U NI TY RELATI C2 026• BUILOl ~G g SAFET C2 ;2~~ ~J USING ~2 e~&IS PL A~-:~J N'3 C2 0271 Ll e'A RY C2 0 27!, REC•EATIJ~ CE ~TE 02 027 7 YCUT~ PROGRAMS J2 0278 OUT COQR R[CREAT! 02 C27° SEN IOR CITIZtij R 02 C2 8 ~ PARr.S 02 oa1 AOUHI cs 02 028~ FORESTER 02 028~ SPO RTS & GAHE S 02 0284 CUL TUR AL ACTIV IT C2 C285 PLA ~GROU~JS 02 028~ SOFTBALL 02 0287 FAR M 02 C288 RECREATION GE~ER C2 0289 YOU~G ~~ERICAN a 02 029 r DETENTION POND H -~; 09 0901 SOURr.r. OF SUP~l l 09 090?. POW•R & PU~PlNG 09 090~ PURIFICtTION Attac l!mn -,t . PI\G[ 19fiB TOTAL I 9P.9 1•.~7 ACTUAL •••• [5TJHATE. EUDG (T ••• 315. 0 ,J 711. 34 7 • '.· J 240. J, 15e.OJ 2~0.u: 5?e. ~ O :'.!~ ~ • r :i 211.:0 l ,':1 55 • i, J 1 5 , := 214, J ~ 5,41•.~o S ,0~q .1 :J ~9,15~6.~:J l,~67.~'J 475.JO 2 ,6~3.J I) 1, 5~ 1;1. r ~ 65,3 28 .0ii '22 ,9Pl,~j 2,6~7.00 1,~;,2 .c o •2 3 .~r ~5 0 . "! G 1,0C 4,n0 1,2H .JO 74 0 • ii 0 ~7 4 • ry 0 2,326.0C 9,165.0 0 1,0 11.0 0 -1. l' r. 2,7':'4.00 843.00 lt2!S o00 974.0J 2°0.no I ,71R,0~ 369 • 0 0 368.00 198,954.00 1,534 • 00 1,243.0 ', 3,519.00 35 4 3~ 97e 071 3 ,E- CC·" 3U etQ~ ~" Q '2 1~ 2,5•7 243 2,,956 7 .~ 24 6 ,S IE I,! C~ 3 , 3 3~ ~.~5lt 2,~31 8':' ,2 9 t: 31,C71 3,554 1,777 ; 8 ' 1,2 7 '. 1,~4 2 1,He i.c 1 s ~07 ~.1 50 12,47 2 1 •• 51 ~ . 3,771 1,12 ~ 1,66 8 1, 3 (I!, 3a9 2,320 507 507 269,654 2,067 1,~6R 4,75C •2 5?2 ~ %5 3°1 25~ 3~1 R34 417 33• 3 ,176 2~~ 2~,147 ~.1ea P., IS 0 1 ,557 · 4,002 0 64,424 2 ,ft.?~ 7e3 4,265 2,4~7 1C7tl48 37,2 85 4,265 0 696 0 1,61 1 2 t 00 2 1 t 21 7 6 c 9 3,735 14,966 1,741 ry q,52~ 1,350 2,002 1,567 47 a 2,794 609 609 318,751 2,•~o 2,00? 5,699 )Q-1•-HS H21l woqKHf.'!'S CO~P E~S H ION rAGE 2 -IQ88 FU Nr. TOTAL 19R 0 FUNO OIV• OlVTSlOr!,. •••• •• 19' 7 Ar.TUALo••• ESTl~ATE. EUDGET••• t9 1 904 TU NSP1!~SI0•1 ' 0 !, :16,,'.'.' 4,%1 .,87j J9 ,9~R ArMINISTHTIO~ I,34~,:c t,?1~ 2,11& .. ---------------------------------cc; 1/J,':>~7.0~ 14 ,3 ~'? 17,~30 l s 1007 SANITARY S VS TE M h3H,CO 1,S4Q 2,21'1 10 !OH AO~INJ STU T ION & 766,lC 1,0 51 1,261 --------------------------------- 1 l 2,1•2.o~ 2 ,~o r ! ,4~ 0 11 11 o , SLU~GE OJSPOSU s,~~3.t·J 7,287 S, 7 ,,5 11 110~ Bl-Cl i'Y ~AlNTENl 13,5°6,nC 18,382 22,D5~ 11 110~ et-CITY OPERATIO ::!3,374,C0 31,788 3~,lH 11 1107 BI-Cl TY LA BOU TO 619,00 R33 1, nc o 11 110P AO~INISTRATION ~ 3~4.00 540 652 11 11 I 2 WW T P PRETR En~ E'l 417 D .. --------------------------------- 11 4!,~IS6,0~ 59,251 70,602 12 1212 GOLF ccu~s E o• cP 2.223.~~ 3, r oc, ~ ,611 -=~ 11U MA I ~TE~ l~C E DI VI --------------------------------- 12 2 ,2 ~3.01) 3,JC Q • ,611 33 ~333 SERVI CENTER GA Ri 6t~17,')J 8,774 H,529 .. --------------------------------- 33 E, '51 7 • t' i, 8,77• H,52~ 95 9595 CENTRH SERVICE~ 184,00 254 304 .. --------------------------------- 95 194.~Q 254 3~4 --------------------------------- 2f •, 04 3, OQ 358,20 1 4H,~08 -------------------~ ------------- 26•,~43,00 358,201 424,508 62 rPccrds l1st~d. Comp Code 0070 5506 6325 7380 7520 7850 7704 7720 8227 8803 8810 8811 8820 9015 9060 9102 9410 Workers Compensation Insurance Description Anima 1 Warden Streets Traffic Systems Drivers Ut11 lti es Bl-City Treatment Plan Fire/Volunteer Fire Po 11 ce Officers Serv 1center/Garage Tax Audi tors Clerical Elected Non-salaried Officials City Attorney's Dept. Jani tors/Recreat I on Golf Course Parks E111Ployees/Parks Police Eng I neers/Surveyors/ Inspectors/lab Rate per hundred salary S 6.99 12.49 8.57 8.32 5.44 7 .41 5.38 4.55 7 .17 .48 .44 .06 .30 7. 14 3.32 7 .58 I.OS Attachment C -!!..! K O I A II D U K TO : Fl0K : CollHn K. Caudill , bployH ll ■lationa Septeaber 2, 1988 DATE: SUIJECT : Stat■ Coap■naation Inauranc■ Fund Follovln1 ii juatification for our raquHt to incrau• th■ fundin1 lavol for our Stat ■ Coap■naation inauranc•. In 1988, our rat11 w■ra ba1 ■d on th■ following nperience : - Rehab . Paid and/or Co!!!. Paid Ked. Paid ~ 1984 $ 31,488 $ 42 ,261 $ 3 ,020 1985 $ 63,163 $ 71,876 $ 117,794 1986 $ 53,206 $ 69,554 $ 109,453 In 1989, our ratH vill be based on the following Htimated axperience : Rehab . Paid and/or Com2 , Paid Ked . Paid !!!!.!!!..! 1985 $ 41,843 $ 71,876 $ ll8,634 1986 $ 95 ,445 $208,215 $ 174,911 1987 $ 54,342 $ 49,268 $ 277,701 u you can aee, ve will be loling the good experience we had during 1984. our 101111 totaled $76,769 . Unfortunately, the experience being uaed for our 1989 premium• 11 our thrH wont yeara in at le&1t the laat 10 yeeu . our loaae1 for 1985 totaled $232 ,353, for 1986 totaled 478 ,571 and for 1987 totaled $381,311 . The number of accident• heve not increa 1 ■d but the Hverity liaa . Eleven employeH are rupon■ibl■ for our incre&1H. I have attached a breakdown on thoH eleven (out of which only tvo are 1till employed). Let H know if you nHd anything further , Margaret . cc : Kol !eVirt '• ... 1• • lutharford (Stnacajback) Harber& (1111TP/l<IIH) Sorley (WIP/payc) ill! tborton (1111TP jback) i<Hl'..n (1111TP /kn••) Southworth .-_arufho•d & neck) -daraon (Pol1cajback) !ill *Docker (Fire,'l<llee) *Long (Par'u/nack) Penney (Court/neck) Hall (1111TP/ankla) Carrillo (Util1tieajback) Cog .Paid Mad . Paid $ 1,243.30 $ 8,384 .64 $34,336 .89 $37,791.41 $ 86,634 LIJllp Sua Pay Out $ 32 ,000 $31,676 .02 $14,410 .33 $46,513.00 $29,268 .27 $133,259 . 26 $60,334 .00 $19,608.99 $25,668 .45 $68,064.00 $ 4,370 .88 $ 4,127.12 $ 4,471 .36 $ 2,393 .42 $19,577 .92 $ 3,899 .45 $204,842.00 $ 145 .45 $ 7,797 .92 $ 409 .85 $ 3,724 .30 $15,315 .00 $14,292.99 $ 3,495 .07 $56,269 .00 ·~ lflliJ:aarvaa naad to ba aatabUahad for Decker . th• raaarvea for Long an inflated and .ould ba radw:ad by ranaval. .