The URL can be used to link to this page

Home My WebLink About5380 ORDINANCE NO. 5380 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Sections 2.92.040 and 2.92.060 of the Bremerton Municipal Code relating to the purchase of insurance policies, funded self-insurance programs, pooled coverage and related services, and amending language relating to claims management. WHEREAS,the City Council desires to update the provisions of Section 2.92.040 of the Bremerton Municipal Code relating to the purchase of insurance policies, funded self- insurance programs,pooled coverage and related services; and WHEREAS,the City Council desires to update the provisions of Section 2.92.060 of the Bremerton Municipal Code relating to claims management to correct language;NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 2.92.040 of the Bremerton Municipal Code entitled "Insurance/Self-Insurance/Pooled Coverage Programs" is hereby amended to read as follows: 2.92.040 INSURANCE/SELF-INSURANCE/POOLED COVERAGE PROGRAMS. The Risk Management Specialist is responsible for the procurement and administration of all insured, self-insured and/or pooled property, casualty and liability coverage programs: (a) The Risk Management Specialist may, with the approval of the City Attorney, negotiate with insurance brokers for any type of insurance and may recommend that the City engage the services of such brokersi_ (b) The Risk Management Specialist shall purchase all insurance policies including funded self-insurance programs,pooled coverage and related services, and shall administer the same. The purchase of any policy shall be as follows: 1. For any insurance policy with an annual premium of twenty-five thousand dollars ($25,000.00) or less, the Risk Management Specialist may purchase the policy with the approval of the City Attorney, or designee. Such purchase shall not require City Council approval. 2. For any insurance policy with an annual premium exceeding twenty-five thousand dollars ($25,000.00),the Risk Management Specialist, with the approval of the City Attorney, or designee, is authorized to bind policy coverage without prior City Council approval subject to budget authority. Within sixty(60) days of binding coverage, the Risk Management Specialist shall advise City Council that coverage was bound and seek City Council approval for continuation of the bound coverage. (b) The Risk Management Specialist shall purchase,with the approval of the City Attorney and City Council, all insurance policies, funded self insurance programs,pooled coverage and related services, and shall administer the same. The Risk Management Specialist, 1 BMC 2.92.040—Risk Management • . - . ••- . (c) The Risk Management Specialist shall make an annual report to the City Council regarding insurance coverage and the level of retained risk, and such other reports as may be required by the Council. SECTION 2. Section 2.92.060 of the Bremerton Municipal Code entitled "Claims Management—Non-Litigation Claims" is hereby amended to correct language in Subsection(d) as follows: 2.92.060 CLAIMS MANAGEMENT-NON-LITIGATION CLAIMS. The Risk Management Specialist shall be responsible for the investigation and evaluation of all non-litigation claims by or against the City. (a) The City Clerk is hereby designated to receive all claims. He/she shall forward to the Risk Management Specialist all non-litigation claims naming the City and/or its officers or employees,which claims allege that said officers or employees, acting within the scope of their duties, caused the claimant damages. (b) All City departments, divisions and other City agencies shall report immediately to the Risk Management Specialist the occurrence of any accident or incident which may give rise to a claim by or against the City to ensure prompt investigation of the incident. (c) The Risk Management Specialist shall initiate and/or coordinate the investigation of all non-litigation claims. The Risk Management Specialist may employ, subject to the City Attorney's approval, the services of claims specialists. All investigation of non-litigation claims and potential claims shall be conducted as the agent of the City Attorney, and protected by the attorney-client privilege and attorney work product rule, to the extent allowed by law. (d) The City Attorney shall have the authority to negotiate and approve the settlement of any non-litigation claim;provided,however, the settlement of any such claim in excess of twenty-five thousand dollars ($25,000) shall require the approval of the Mayor and the settlement of any non-litigation claim in excess of fifty thousand dollars ($50,000) shall be subject to the approval of the City Council. (e) The Risk Management Specialist shall maintain complete histories of all non- litigation claims reported to the Office of Risk Management, and investigation thereof sufficient to document at least a seven(7)year claims history or such other period of time deemed necessary for purposes of reporting claims history to insurance companies. SECTION 3. Corrections. The City Clerk and codifiers of this ordinance are authorized to make necessary corrections to this ordinance including,but not limited to, the correction of scrivener, clerical,typographical, and spelling errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 4. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 2 BMC 2.92.040—Risk Management SECTION 5. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of Lifti 1°' AL , 2019 ERIC UNG/' , C toE'l President Approved this Co4' day of �1' ovQ--- -‘c,e ' , 2019 G EELER, Mayor ATTEST: APPROVED AS TO FORM: ANGE HOOVER, City Clerk ROGER A. LUBOVICH, City'Attorney PUBLISHED the - day of3 aVM GY , 2019 EFFECTIVE the \O\ day of 0 NteAY\b C Y' , 2019 ORDINANCE NO. '�3S O R:\Legal\Legal\Ordinances\Risk\Section 2.92 Insurance Purchase 2019-Final.doc 3 BMC 2.92.040–Risk Management I Kitsap Sun PART OF THE USA TODAY NETWORK i I PROOF OF PUBLICATION I I CITY OF BREMERTON Cl TY OF BREMERTON 345 6 TH STREET SUITE 100 CITY OF BREMERTON, WASHINGTON BREMERTON,WA 98337 ORDINANCE NO. .5379 AN ORDINANCE of the City Council of the City of Bremerton, Washington, STATE OF WISCONSIN,COUNTY OF BROWN amending provisions of Chapter 2.78 of the Bremer- i ton Municipal Code entitled I,being first duly sworn on oath,deposes and says:That I "Real' Property Transac- am now,and at all times embraced in the publication tions herein mentioned was the principal clerk of the printers and ORDINANCE NO. 5380 publishers of KITSAP SUN;that said newspaper has been AN ORDINANCE of the approved as a legal newspaper by the order of the Superior City Council of the City of Court of the Count of Kitsap,in which County it is Bremerton; Washington, Y P. tY amending Sections 2.92.040 published and is now and has been for more than 6 and 2.92.060 of the Bremer- ton Municipal Code relating months prior to the date of the publication hereinafter to the purchase of insurance referred to,published in the English language continually policies, funded self- insurance programs, pooled as a daily newspaper in Bremerton,Kitsap County, coverage and related serv- Washington,a weekly newspaper in Kitsap County, ices,guage and amending Ian- Washington,ton and is now and during all of the said time,was mans relating to claims 9 9 management printed in an office maintained in the aforesaid place of ORDINANCE NO. 5382 publication of said newspaper;that the following is a true text of an advertisement as it was published in regular AN ORDINANCE of the City Council of the City of issues(and not in supplement form)of said newspaper on Bremerton, Washington, the following date(s),to wit:And on amending Sections 15.06.01( and 15.06.015 of the Bremer- ton Municipal Code relating November 9,2019 to utility rates and charges PASSED by the City such newspaper was regularly distributed to its Council on the 6th day of subscribers during all of said period November,2019. The full text of this ordi- Subscribed ands or to before on November 11,2019 Hance available from the City Clerk's Office, 345 Sixth Street, Suite 100, Bre- merton,WA 98337. Nov.9,2019 #3891872 Legal Clerk Notary, tate f I,County of Brown My commission expires Publication Cost:$158.00 S H E L LY H O R A Ad No:0003891872 Customer No: 1239917 N of a,ry Public ' PO#: 5379 State of Wisconsin This is not an invoice