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CC Resolution No. 06-187 RESOLUTION NO. 06-187 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING A RISK MANAGEMENT POLICY WHEREAS, the City of Cupertino is a member of the Association of Bay Area Governments Pooled Liability Assurance Network (ABAG PLAN); and WHEREAS, the ABAG PLAN Board of Directors encourages each member agency to adopt a Risk Management Policy outlining goals to achieve the preservation of the City's human, physical and financial resources from the risk of accidental loss; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby adopts a Risk Management Policy, a copy of which is attached as Exhibit A. PASSED AND ADOPTED at a regular City Council meeting of the City of Cupertino this 6th day of November 2006 by the following vote: VOTE: MEMBERS OF THE CITY COUNCIL AYES: NOES: ABSENT: ABSTAIN: Lowenthal, Wang, Kwok, Mahoney, Sandoval None None None ATTEST: APPROVED: . . c1mztt c~ ~?)!:~ ~ Mayor, City of Cupertino Resolution No. 06-187 Exhibit A RISK MANAGEMENT POLICY It shall be the policy of the City of Cupertino to preserve its human, physical and financial resources from the consequences of accidental loss, natural or man-made disaster. Risk Management Goals The major goals of this risk management policy are: . To reduce or eliminate the risk of loss. . 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. Responsibilities . The City Manager is responsible for the overall risk management program. . The Human Resources Director is responsible for day-to-day administration of the City's insurance coverage, claims processing, and risk control programs. . All employees are responsible for notifying their supervisor, department head, safety committee member or human resources if they discover a condition that exposes employees, members of the public or their property to injury or damage. . Each department head is responsible for ensuring compliance to the risk management policy requirements stated herein. Insurance Coverage . Insurance for risks with catastrophic loss potential shall be purchased whenever it is economically feasible and prudent, within the judgment of the City Manager. . Deductibles and self-insurance retention limits shall be established at amounts consistent with the City's financial resources. . Reserve accounts shall be maintained as restricted funds to cover costs associated with self-insured liability. . All employees who use their personal vehicles to conduct City business must provide proof of insurance to Human Resources every six months, prior to the expiration date of their coverage. The amount of coverage must meet or exceed California DMV requirements. Resolution No. 06-187 Accident Investigation & Claims Administration . The City Manager and department heads will review all major accidents, incidents and claims. The review process shall be conducted periodically as needed but not less than quarterly. . Human Resources will review all incident reports and claims and will notify the appropriate claim administrator in a timely manner. . Managers and supervisors will review all accident reports, incident reports and claims within their area of responsibility to identify and implement appropriate methods for preventing future occurrences. Each manager and supervisor will ensure that requested information is provided to Human Resources and/or appropriate adjustment firms in a timely manner. Contractual Liability . Liability will be transferred to others whenever appropriate, possible and practical. This includes the use of hold harmless and indemnity clauses in all City agreements, contracts, leases and rental agreements, and the use of insurance clauses that provide adequate protection to the City. . The City Attorney, in consultation with the Human Resources Director and the program administrator of the City's liability insurance provider, shall review indemnity requirements for all City public works projects, contractors, facility users and other parties with whom the City contracts. . The specific department head and/or project manager shall be responsible for ensuring that certificates of insurance and endorsements have been obtained and maintained per the contract or agreement. Safety Committee . The Safety Committee will meet quarterly to discuss safety issues and get feedback from employees on how to improve safety in City operations. . The safety committee shall take into account standard industrial safety practices and safety orders issued by State agencies.