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HomeMy WebLinkAboutBig Independent Cities Excess Pool (BICEP) Financial Stateme CITY OF HUNTINGTON BEALrl MEETING DATE: November 3, 2003 DEPARTMENT ID NUMBER: CK2003-9 Council/Agency Meeting Held: f J 3 Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied City CI 's S tune Council Meeting Date: November 3, 2003 Department ID Number: CK2003-9 CITY OF HUNTINGTON BEACH zz REQUEST FOR CITY COUNCIL ACTIONCD w SUBMITTED TO: HONORABLE MAYOR AND COUNCI MEMBERSz'- -C Y 'Tr SUBMITTED BY: CONNIE BROCKWAY, City Clerk C PREPARED BY: CONNIE BROCKWAY, City Clerk SUBJECT: RECEIVE & FILE BIG INDEPENDENT CITIES EXCESS POOL (BICEP) FINANCIAL STATEMENTS & INDEPENDENT AUDITOR'S REPORT -JUNE 30, 2000, 2001 AND 2002 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: The BICEP Joint Powers Agreement between the BICEP member cities requires the Big Independent Cities Excess Pool (BICEP) Financial Statements and Supplementary Information With Independent Auditors Report to be filed as a Public Record with each of the BICEP member cities. The report includes Independent Auditors Report, Balance Sheet, Statements of Operations, Changes in Retained Earnings, Statements of Cash Flows, Notes to Financial Statements, and Claims Development Information from inception to June 30, 2002. Funding Source: Not Applicable. Recommended Action: Motion: Receive and File the Big Independent Cities Excess Pool (BICEP) Financial Statements and Supplementary Information With Independent Auditor's Report for the years ended June 30, 2000; June 30, 2001 and June 30, 2002. Alternative Action: If Council has questions regarding this report, Council may defer Receiving and Filing to a future meeting. G:\RCA'S\2003RCA\CK2003-9 BICEP.doc �7- 10/10/2003 4:37 PM I BIG INDEPENDENT CITIES EXCESS POOL STATEMENTS OF OPERATIONS AND CHANGES IN RETAINED EARNINGS Years ended June 30, 2002 and 2001 2002 2001 Revenues: Deposit premiums earned $ 2,975,593 $ 2,258,706 Estimated future premium adjustments (767,831) (1,812,024) 2,207,762 446,682 Expenses: Net increase (decrease) in actuarially determined unpaid losses and loss adjustment expenses(note 3) 1,514,302 (206,441) Purchased liability insurance and reinsurance 1,239,413 911,775 General and administrative expenses 178,171 178,428 2,931,886 883,762 Excess of (deficit of) revenue over expenses, before net investment income (724,124) (437,080) Net investment income: Investment income 1,351,892 1,113,932 Interest expense 627,768 676,852 724,124 437,080 Excess of revenues over expenses -- -- Retained earnings, at beginning of year -- -- Retained earnings, at end of year $ --The accompanying notes are an integral part of these financial statements. 3 BIG INDEPENDENT CITIES EXCESS POOL STATEMENTS OF CASH FLOWS Years ended June 30, 2002 and 2001 2002 2001 Cash flows from operating activities: Excess of revenues (deficit of) over expenses before net investment income $ (724,124) $ (437,080) Adjustment to reconcile excess (deficiency) of revenues over expenses before net investment income to net cash provided by operations: Write up (write down) of investments to market 284,509 (612,782) Increase (decrease) in accounts payable (44,052) 23,412 Increase (decrease) in unpaid losses and loss adjustment expenses 1,494,512 (215,227) (Decrease) increase in estimated future premium adjustments payable 767,830 2,170,354 Other asset changes-net 15,262 (14,324) Net cash provided (used) by operating activities 1,793,937 914,353 Cash flows from investing activities: Interest received 894,648 875,991 Net change in investment portfolios Net purchases of long-term investments both 2002 and 2001 (847,573) (441,299) Net cash provided by (used for investing activities) 47,075 434,692 Continued on page 5 4 BIG INDEPENDENT CITIES EXCESS POOL STATEMENT OF CASH FLOWS June 30, 2002 and 2001 (continued) Cash flows from noncapital financing 2002 2001 activities: Interest paid 549,850 549,850 Principal payments 1996 bonds 900,000 850,000 Net cash (used) in noncapital financing activities (1,449,8501 (1,399,850) Net increase (decrease) in cash and cash equivalents 391,162 (50,805) Cash and cash equivalents at beginning of year 150,898 201,703 Cash and cash equivalents at end of year $ 542LO60 $ 150,898 The accompanying notes are an integral part of these financial statements. 5 BIG INDEPENDENT CITIES EXCESS POOL NOTES TO FINANCIAL STATEMENTS June 30, 2002 and 2001 Note 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES: Oroanization and Operations Big Independent Cities Excess Pool (BICEP) was created effective September 23, 1988, by a joint powers agreement among five cities organized and operating under the laws of the State of California. BICEP is organized pursuant to the provisions of the California Government Code for the purpose of providing joint insurance coverage and related risk-management services for member cities. The extension of joint insurance coverage to member cities began October 1, 1988. BICEP's liability program has offered a combination of pooled and commercially purchased public auto and general liability coverages, plus errors and omissions coverage, for losses in excess of the member cities' specified self-insurance retention levels of one million dollars. Individual and aggregate claims in excess of specified levels are covered by excess insurance policies purchased from commercial insurance carriers which, combined with the program's self-funded layers, offer a total of $25 million in coverage limits. Additionally, through its broker, Driver Aliant, it enables its members to purchase property and worker's compensation insurance as a group. BICEP is a nonprofit California public agency; thus, it is tax-exempt. It is also considered a "Special District" by the Office of the State Controller, Division of Local Government Fiscal Affairs, for the purpose of filing an Annual Report of Financial Transactions of Special Districts. Basis of Accounting The accounting records of BICEP are maintained on the accrual basis of accounting. Bond Issuance Costs Bond issuance costs are amortized over the life of the bond issue using the straight line method. In 1996 due, in part, to more advantageous interest rates, the 1988 bond issue was retired and new bonds were issued carrying substantially lower interest rates. Cost of issuance expense and the premium paid on retirement are being amortized over the remaining life of the original issue. See note 4 for further explanation. Cash and Cash Equivalents BICEP considers money market funds and all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivalents. Restricted Cash Restricted cash represents funds held in trust for payment of bond principal and interest, future debt service, and claims payment. 6 BIG INDEPENDENT CITIES EXCESS POOL NOTES TO FINANCIAL STATEMENTS continued Note 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) : Rebatable Arbitrage Earnings Rebatable arbitrage earnings represents the excess of the amount earned on all cash equivalents and investments over the amount which would have been earned if such cash equivalents and investments were invested at a rate equal to the bond yield for activity through January 1, 1995. This excess is subject to change due to bond and investment activity occurring after January 1, 1995. As of the report date there have not been any rebates nor is it anticipated there will be. Deposit Premium Revenue Premiums are recognized as earned over . the periods covered by the policies. Under the terms of the Liability Risk Coverage Agreement, between BICEP and its member cities, premium adjustments resulting in additional premium assessments or refunds were to commence in February 1992, covering the experience of BICEP from inception. Estimates of such adjustments are recorded in the financial statements annually as estimated future premium adjustments. Premium adjustments are subject to change as the ultimate cost of claims becomes known, investment income and expenses are realized, and BICEP's costs are allocated to each Policy Year. Unpaid Losses and Loss.Adiustment Expenses Estimated unpaid losses and loss adjustment expenses include an amount for losses incurred but not reported. These estimates have been discounted to their present value. Liabilities are based on the estimated ultimate cost of settling the claims, including the effects of inflation and other societal and economic factors. The previously noted claims and ultimate recoveries will be deducted from the gross amount of unpaid losses. Claims which have been incurred but not reported to the claims administrator at June 30, 2002 have been estimated through an independent actuarial analysis based on loss development experience of BICEP and the member cities and available industry loss development data. BICEP's recognition of losses incurred but not reported is in conformity with Government Accounting Standards Board (GASB 10), Accounting and Financial Reporting for Risk Financing and Related Insurance Issues and the Risk Finance Omnibus (GASB 30) and the American Institute of Certified Public Accountants (AICPA) Statement of position 94-5. At irregular intervals losses have occurred that fell either outside the usual insured layer by the authority or outside the assumed coverages of the excess carrier. In isolated instances BICEP has accepted claims liability along with the insurance carrier and the city of the occurrence. In previous years there was a claim against a city involving due process in a condemnation action, more recently a situation occurred in which one police officer shot and killed another during a drug raid, a third such situation occurred during 2001. 7 BIG INDEPENDENT CITIES EXCESS POOL NOTES TO FINANCIAL STATEMENTS continued Note 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) : Use of Estimates Certain assets and liabilities are not subject to precise determination. Specifically, unpaid loss and loss adjustment expense must be estimated. Those losses that have occurred and not been reported can only be estimated by actuarial methods. From year ended June 30, 1995 to year ended June 30, 2000 the $1,000,000 to $2,000,000 loss layer originally carried by BICEP was insured by outside carriers, reducing both the premiums and the risks to the participating cities. Those losses in the $1,000,000 to $2,000,000 layer prior to July 1, 1994 generally have been reported but there is always the possibility of ultimate cost exceeding original estimates. Additionally, as noted previously, there can be the risk of denial of coverage in borderline circumstances. In the years ended June 30, 2002 and 2001 BICEP shared the $1,000,000 to $2,000,000 layer due to increased costs of outside carriers. Valuation of Investments Investments prior to year ended June 30, 1998 were recorded at cost. Those investment securities are now valued at market as required by Governmental Accounting Standards Board (GASB 31), resulting in restatement of carrying values of investments and changes in previously reported investment income prior to year ended June 30, 1998. The cumulative effects of these adjustments are reflected in the Estimated Future Premium Adjustments to pool participants. See note 5 for further explanation. Note 2. CASH AND INVESTMENTS Under provisions of the California Government Code (Code) , BICEP is authorized to invest in: • A variety of federal and state treasury obligations (including local California agencies) • Obligations or other instruments of or issued by a federal agency or government sponsored enterprise ' Bankers' acceptances which are eligible for purchase by the federal reserve system (subject to certain limitations) Prime quality commercial paper (subject to certain limitations) • Negotiable certificates of deposit issued by nationally or state chartered banks, savings and loan associates and credit unions • Repurchase agreements or reverse repurchase agreements of any securities authorized by the Code 8 ♦ Withdrawal from BICEP in favor of a more aggressive self-insurance program (higher self insurance levels). This is not recommended because a single major loss can seriously affect cash flow requirements for many years and a single catastrophic loss could virtually bankrupt the City. Current Liability Insurance Renewal Aon Risk Services, on behalf of the BICEP Board of Directors, actively marketed our liability insurance program for the 98/9.9 renewal. Proposals were received from five carriers. The BICEP Board elected to purchase commercial insurance from Associated Public Entity Program (APEP). The coverage purchased is $104,000 lower in overall premium to the City as compared to last year and has provided the following significant coverage improvements: ♦ Back wages are included within the Employment Practices Liability coverage grant ♦ In-house or city counsel defense costs are included as a covered expense up to $150 per hour ♦ SIR Replacement endorsement (Purchased coverage or contractual risk transfer where the city is named as an additional insured) will apply toward overall SIR satisfaction ♦ Inverse condemnation (no exclusion) ♦ Eminent Domain (no exclusion) ♦ Revised Notice of Occurrence Endorsement (Risk Manager or Designee) Additionally, the BICEP Board elected to purchase commercial insurance for the $5 million excess of $20 million instead of risk sharing this layer. The addition of this coverage was still lower than last year's overall premium. The following charts illustrate the City's cost for BICEP versus the potential losses determined actuarially. (The losses were calculated as a blended composite rate of all of the BICEP cities) 3 TOTAL PREMIUMS VERSUS EXPECTED LOSSES $400,000 $350,000 $300,000 —EBB $250,000 $200,000 $ ., E0 BICEP Premiums ■ Expected Losses $150,000 $100,000 na S50,000 _ $0 90/91 91/92 92/93 93/94 $600,000 $500,000 $400,000 $300,000 SWO -- _ ® BICEP PRFMIUMS r3 .' ml a ® Expected Losses $200,000 100 0$ 00 $0 � _ - 94/95 95/96 96/97 97/98 4 Conclusions/Summary of BICEP Program The advantages of the City's ten (10) year participation in the BICEP program include the following: ✓ Risk sharing minimizes the fluctuation in the cost of insurance or self insurance previously experienced by all municipalities which enhances the City's ability to budget by providing cost stability ✓ Risk sharing allows the members to set the terms and conditions of their insurance coverage to provide broader coverage terms, conditions and limits ✓ The City has enjoyed a 75% reduction in the composite rate since the inception of the excess workers compensation program in 1989 (Attachment #6) ✓ Ability to obtain attractive rates for other insurance coverages such as special event insurance, property insurance, helicopter insurance and workers compensation excess insurance ✓ Costs savings on underwriting and overhead costs, no profit loading and a share in the investment income ✓ Group purchasing power discounts 5 ROBERT F. DRIVER COMPANY, INC. •COMPLETE INSURANCEIBOND SERVICE 4101 BIRCH STREET,SUITE 230,NEWPORT BEACH,CALiFORNL4 92660•(714)756.0271•FAX 714-756.2713 March 14 , 1988 Mr. Edward H. Thompson Risk Manager City- of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 RE: Excess Municipal Liability Dear Ed: ' In the past several months we have approached numerous companies as respects the above captioned coverage. To date, we have been unsuccessful in obtaining any terms for the City. A listing of those markets approached follows: American Reinsurance Lexington Insurance Company Associated International Insurance General Reinsurance We continue to search the marketplace and will advise of any progress. Sincerely, ROBERT F. DRIVER COMPANY, INC. Sharon Nash Vice President •- ' �_rt.'.� ,�Cam' �""`�—' Gordon B. DesCombes Account Executive HOME OFFICE 1620 FIFTH AVENUE, SAN DIEGO, CALIFORNIA 92101 •{619J 238-1828 I -insurance firm cancels plan for 12 cities in OC Underwriters blame..state's 'deep pocket' doctrine By Kathryn Bfirton Patricia Fleischman Inc.of New f, The Register. York, an underwriting manager i. for Mead Reinsurance, sent a can- A dozen Orange County cities celiation notice to the.joint powers { have become victims of a state- agency Oct. 12, according to Ross wtde exodus by insurance compa- Oliver,it contract risk manager for i nies that provide liability the 12 cities. The agency has until protection. They could face higher Dec. 12 to obtain another insurance ' premiums for less coverage as a carrier, Oliver said. result. Cypress, Irvine. Laguna peach, 1111 Gast Coast underwriting firm La Palma, Los Alamitos, Orangc, last munch cMnccled liability and San Clemente, Stanton, Tustin, worker's cunipcnsation coverage Villa Park, Westminster and for the Orange County Risk MAn- Yorba Linda belong to bCRMA. agentent Agency, a group of 12 cit- Oliver said the agency will be ies organized to increase their able to find another insurance car- insurance buying puwer. Please see.IN$URANCE/A2 n , = j \ A2 The ;ter Friday, Nov. 9, 1984 , INSURANCE %vnrker's compensation specialist. � \ in the city's risk management of- FROM Al five,said the city's insurance pre- ' ricr. hill the choice will be slim mium more than doubled when the t been USe fewer firsts were willing policy was renewed recently. to-underwrite it municipal policy. ••ln order to bring premiums And he said he expects premium down to where it was affordable, i ales to he higher. the had to essentially compromise 'fhe cancellation of the policy is and increase our self-insurance re- p:trl of an exodus from California femtion" fron S1o().000 to S200,000, ill firms that insure municipalities, hose said. he said. The state's legal doctrine 'fhe self-insurance retention is of joint allot several liabilly—con- the amount Of claimed damages monly referred to as the "deep fur which it city is held responsible. pocket" doctrine — has driven It generally has the same effect as army companies out of the state, a deductible. he said. Santa Ana is insured for between The deep-pocket doctrine for 5200,t)00 and S50 million by various personal injury lawsuits holds that insurance carriers, Ruse said. cities or other heavily'insured par- Emily Harrison. nssislant fi- ties with as little as 1 percent of the men ge director in Orange,said that fault I'ur;lit incident can be forced ci( also has suffered "deep to pay 100 percent of the total cost pocket" losses. "The courts have of it judgment. not exactly been generous as far as The doctrine is welkillui tr icd cities go," she said. by it 1977 case against Laguna •'-I'he insurance market has defi- Beach, a property Owner and it nitcly havdcned"in the last few driver by the family of it 7-year-Old months,"she said. Orange used to girl permanently brain-injured in a be able to"call our Own rates"and Ill-cycie-car accident. obtain"multiyear policies at good The driver, insured for SIS,Ut10, prices." and property owner, insured for 'file city currently is self-insured S100,000, settled Out Of Churl. in for SI00J)00 and is covered for li- 1982, the city settled for S3.8 mil- ahility and workers'compensaim., I lion. claims between S100,000 and Sl0 Cases like that, Oliver sold, million through OCIZMA,Harrison make cities a pour insurance risk. said.The city's yearly premium is ..Now insurance companies are S26,000 for holh liability and work. saying'things are lough,we've got er's compensation cuverage. to Cictut up our hooks and make a Most of the cities involved in profit,' " he said. OCHMA are self-insured up to Other legal standards in addition S100.000. Oliver said. Mcad Re- to file deep-pocket doctrine have insurance provides secondary cov- helped make cities it pour risk,La- crage for liability and workers' guna Burch City Manager Ken compensation claims between Frank said. S100,000 and S10 million per inci- in September, two Laguna dent per city. Beach property owners whose Individual yearly premiums for homes were damaged in it 1980 the cities currently range front l:radslUle received a Int'ucrblC jurY Stt,oOlt lit S•IR,unO, he said. verdict and a S700,000 settlement Oliver said the agency's loss ra- from the city. tiowast12percem,meaning that an The jury verdict was hosed on amount of money equal to tit per- the thCmry ill' inverse u,ndCnmn:t- cent of the paid premiums was tiun,which hold,(hill II';I city acts paid in claims. A loss ratio of ou nr fails to act u)protect a property percent is general))' tote point at mcner's rights it c;nm he held fur which insurance companies cease dann:rgCS. I,m make it pnd'it, he said. ''Why should an insurance Coln- Patricia hlcischuum,.owner of pally wont to deal;with fhal kind of l'att'iri`t Plcischnuut tile.,said the stuff',"Frank said."ThOse atvai ds firm derided nil behalf Of Mead He- ;lie Coming in very high and the insurance to drop coverage of cull has n) gu up. I really Can't OCRMA."Our espericnCC hats nut Flame the insurance Cuntpanics." been favnrabic."said t.Ieischntan. Last month n S6 million verdict "In addition,the court Ciinuue has was awarded h all Orange County not helpt•d." Superior Court furs Thal found the She said "over-zealous" juries City of Newport (leach liable for have in some cases awarded damn. njurics suffun+d lour years nl;o by nges "so null-ageous" that incur- n Cinrenunrl runs Icft Ir,irnlyard by once Companies in I"Cecrol c:m't a diving acCidcnt near Balboa take fh(: risk of under%wriiing puli- Pier. ties lot. California nuuti_ipalities. Coming in the wake of that ver- Insurance companies have experi- diet was it S2.5 million claim against enced similar problems in Arizona, Laguni) Beach brought by an An. Colurado and Michigan, she said. zuna man who said he %vas parr Oliver said the OCRMA expects lyzed in :t July .it beach accident. just four or five commpanies to sub- The city already is facing an S8 nit proposals rather than 10 or 12 million lawsuit filed by it man who . [!tilt might have if the insurance Clinched up a rock uutcroppinji al market were nut so tight. the heath,dived into shallow water Laguna Bench's City manager and hnrkc his neck, Frank said. said tile city';inS(uanCe premiuln Smim Ants, not a member of rates could triple with it new incur- OCRMA.has also felt file effects of ante company. And. Frank said, a light insurance market. the city's"deductible"could reach Dun Ruse, it s:dcty analyst and S200,000 ur S250,000. 12 Cities Face a 300% Hike in nee Cost Continued from Page 1 n r. in Laguna Beach, San Cle terminate ete their coverage, Oliver nte and Stanton, for example. a: 4nsura said, new bids were solicited from scheduled to meet today to brair about a dozen insurers, and three storm for ideas. By DAN NAKASO,7times StnH Writer companies actually submitted bids. In Laguna Beach, City Manage Among the provisions of the low Ken Frank said the bid submitte Wormed recently that they would be dropped by bid announced Monday, Philadel- by Planet Insurance would caul their insurance company this month, 12 Orange phia-based Planet Insurance Co. his city's annual premium to jum County cities have gone shopping for new liability also required three of the cities from$36,262 to S161,029. coverage, only to find that the beat deal boasts their —Stanton, San Clemente and La- Things are so bleak, Frank laic pranamsaan average a("96. guna Beach—to carry $250,000 to that he is even considering drop -q'here's wtriet of choice," said Ross Oliver, who tbelf-ftitu'ed retention,' which is ping the city's insurance to becom works with the Orange County Cities Risk Manage- similar to an insurance deductible "self-insured." Under the plan. th• went Authority,the agency that buys and.admindsters for individuals. city would keep enough money or insurance on behalf of the 12 municipalities. "You've 74e cities in the group currently hand to cover potential lawsui got to have insurance," he said Monday. "The only earry i100,000 in self-insured re- defeats. clear decision is that we accept the her premium." rAention. Neither Oliver nor city p officials had an explanation of why Laguna Beach currently face. The current insurer, Mead Reinsurance Corp. of lawsuits totaling about $50 milhor. Dayton, Ohio,notified the OCCRMA in October that it those three cities faced the higher Frank said. If the city chooses tc deductible. Planet Insurance offi- insure itself, he said, it could lace could no longer afford to insure California municipali- cials were unavailable for com- the $160,000 r p 1 ties and said the cities should find another company, per year it woul- ment. 'Oliver said. Looking for Alternatives otherwise spend on premiums intc an insurance fund. If the city lose: 'Deep Pockets'Doctrine The 12 cities in the group are a large judgment, it would the: The sharply higher premiums, Oliver.said, can be scheduled to lose their coverage on have to make an additional appro- blamed primarily on California's costly."deep pockets" Dec. 12, They are: Cypress, Irvine, priation,he said,but he pointed ou-. 1 legal doctrine.Under this principle,a municipality may Laguna Beach, La Palma, Los that under California law a city car. be obliged to pay a disproportionate share of damages Alamitos, Orange, San Clemente, take 10 years to pay off a lawsuit. in a liability case,even if it is found to be only partly ht Stanton, Tustin, Villa Park, West- "I have been thinking about it," fault. an extreme oase, a city may be found 1% at minster and Yorba Linda. Frank said of the self-insurance fault but forced t.o-pay 100% of the damages, tbver With the deadline approaching, plan. "But I'm not sure I want to be officials in some of the cities are the only city manager in California Another reason for the higher premiums,Oliver said, scrambling to find alternatives to recornmending that we don't cam is the growing willingness of juries in civil cases to paying the higher rates. City offi- insurance." assess huge damage awards against municipalities. A .recent example, he said, was a $6-million verdict .againat .Newport Beach. 3n that case, an Orange County Superior Court jury held the city liable for the injury of an 18-year-old Claremont than who became a quadriplegic after diving into the ocean near the Balboa Pier in 1980.The jury agreed with plaintiff John Taylor's claim that the city should have posted signs warning swimmers that diving was dangerous in the area. "From an insurance company standpoint, it's a little difficult to be interested in continuing insurance coverage"for California cities,Oliver said. After Mead notified the 12 cities of its intention to Please see INSURANCE,Page 4 • Agencies to pa T more for kistirance By Tom Philp Mercury News Staff Writer As cities, school districts and other public agencies in Santa Clara County seek renewals of their insur- ance policies, they've found themselves stuck in a nationwide industry collapse that already has caused some premiums to more than triple. Since many policies expire at the end of the year, the public agencies only now are facing a painful choice — either accepting huge premium increases or becoming more self-insured by assuming more risk. "It's been a collapse of the entire insurance market in terms of stability," said Donald Hebard, an insur- ance broker for Santa Clara County since 1963. "The market's in an uproar." The city of Milpitas, for example, will pay $82.262 for its liability insurance in 1985, more than three times its 1984 rate of $24,800. "I think our council's going to be quite surprised," said Deborah Swart- fager, Milpitas deputy city manager. San Jose already has negotiated its 1985 rate of $373,000, more than double the 1984 premium of $157,650. Saratoga's $48,000 policy was canceled in November. The lowest new premium that city insur- ance brokers could find was $118,215. Mark Wells, publisher of Insurance Journal in Las Angeles, said that "1984 will probably be the worst year for lasses for the insurance industry as a whole." In the first three quarters of 1984, property and liability insurers nationwide reported losses of $1.17 for every $1 in premiums, according to the Insurances Services Office in New York. But because of invest- ments, carriers managed a net after-tax income of $1.09 billion, down 76 percent from 1983. Continued on Page 3B San Josc Mcrcury News ■ Sunday. December .10. 1984 3B Public agencies caught in ins prance market collapse g g _ Continued from Pune 1B is/Reliance Insurance had set charged by carriers in the mid- Since 1979.state legislatorslrave aside$885.000 in reserves to cover 1970s, before escalating interest failed at least three.tines to pa» Liability insurance covers potential losses from 28 unsettled Municipal Liability Rates rates sparked greater competition bills that would have reduced th': damagof bodily injury or property claims against Saratoga before and lower rates,Levinson said. potential deep-pocket liability of damage against a city: the cases canceling the city's policy. City '84 premium/ 185 premium/ Los Gatos, for example, paid public agencies. One of the most Fan range from invasion of privacy or false arrest to auto accidents "The market's gone crazy,"said San Jose $157.650 $373.000 $189.033 in 1978 for its various vocal and powerful critics of such B Saratoga blamed on improperly designed Sunnyvale risk manager Julius Sarat a ' $48.000 $118,215 insurance policies. In 1985 the reform has been the Califprnia ri1'eet or flood damage caused by Scoggins. Despite exceeding the Santa Clara $194.250 to be renewed town will pay $195.442 in insur- Trial Lawyers Association. r W,4dequate drainage. $100,000 deductible level only once Sunnyvale $89,000 $161,000 ance .premiums, including its "It's a hard area to get reform Industry experts give three rea- In 4W years,Sunnyvale's 1985 pre 1117,000 general liability policy. in," said Kate Sproul, an altvfncy Los Gatos ' $53,356 $117,000 mium increased more than 80 per- However,California cities can't with the League of California ('It Solo why California's public agen- cent Cupertino $40,000 $85,000 ies. "It's something we will ork cies will be hardest hit by the_ Campbell $77,000 to be renewed expect higher interest rates to save Ib W nationwide industry shake-up: I os Gatos Town Manager llavid polo Aflo $11A,000 to be renewed them again. Because of the stale on in the future." Mid h feels"lucky"that the Supreme Court's ruling in 1978. Industry expert%such F -in Mora said he uc ✓Declining interest rates have y Los Altos Hills " $23,000 $28,940 public agencies are more vulnera- son predict the real crisis eL caused insurers, who in re(enl town's premiums for its various P g P Y Milpitas ' $24,800 $82,262 ble to huge lawsuit ud en than to arrive.About 40 percent u1 Cali- years were content to undercharge Policies increased li percent, Mountain View ' $30.000 $39,200 ever before. , fornia's public agencies renew clients and make money solely along with a doubling of the Monte Sereno $5.209 to be renewed their insurancepolicies when their from investments, to either dra- deductible to$5.000. The court adopted the doctrine matically increase rates or drop Six area cities have increased Gilroy $48,655 to be renewed of "joint and several liability," fiscal Year ends June 30,he said. public-agency coverage. their deductibles in an effort to Now°°'ki•* Jn IUO.d high°' ded-libl.. meaning that even if a lawsuit With so many agencies scraut- ✓Insurers are only now begin- minimize the rise in premiums. defendant — such as a city — is bling for insurance in a dwindling ning to feel the impact of a 1978 The highest percentage deductible only partially at fault, it may be market,premiums are expected to increase so far is Cupertino,which forced to pay an entire judgment if go nowhere but up. state Supreme Court decision that itive. Some of the carriers have. that about 75 percent of public- the other defendants have no made public agencies liable for raised its deductible from$1,500 Lo gone out of business,and some of agency insurers have dropped out money- enure lawsuit judgments even if $25.000. the others have had tremendous of the market. Cities now find themselves p they're found only partially at Insurance broker Michael losses. so they are adjusting their "We knew this was coming; it named in lawsuits, such az those Call (�OU) 920-5111 /$ult. McAuliffe, whose clients include prices radically." was just a matter of when,"Irvin- filed for automobile accidents, by Call Juries are becoming more the city of Santa Clara, predicts A year ago. McAuliffe esti- son said. "The insurance industry plaintiffs seeking a generous judg- to Place our ad in' generous in their awards to plain- that every government agency will mated, 15 California companies is typically in three- or four-year ment. tiffs, who because of the 1978 face higher rates because of the insured public agencies. "Now it's highs and lows. This cycle was Classifie Supreme Court decision,are going "herd instinct" of the industry. closer to half that amount." much deoper, about six or seven "Juries seem to feel the public after the so-called "des pocket" ears" entities are the deepest pocket The Mercury News P Poc The inelustr y has been very Insurance broker Mort 1_evic- Y around," said McAuliffe. "They of governments. competitive for about five years,' son, who handles insurance for For many cities,the 1985 premi- seem very liberal in awarding jus- For example, United Pacif- McAuliffe said."It got too compel- four cities in the county, believes urns actually will be close to rates tice against them." i mow 4 Riau-,®' League of California Cities W RL 1400 K S T REET SACRAMENT CA 9581= •.(916)444-5"90 OCT 2 8 1986 4 CITY OF HUNTLNGNN BEACH ADMINISTRATIVE OFFICE September 26, 1986 To: City Managers, and Clerks in Non-Manager Cities fNS, & (Please route to risk and insurance managers) BENEFITS Subject: League Report on JPA's for Liability Insurance ,1 As an important part of the League 's effort to assist cities with current problems that exist with liability insurance, studies are being undertaken to identify sources of coverage, either through the purchase of commercial insurance or through self-insuring with other ;entities in joint powers authorities. Because commercial insurance has been largely unavailable or unaffordable, many cities have turned to JPA's as the best method of covering liability losses. A League study conducted at the beginning of t-eis year revealed that approximately 160 cities participated in 12 JPA's for liability insurance. Now, just nine months later, it is estimated that 327 cities participate in one of the 21 liability insurance JPA's that currently exist to serve California cities. This report discusses the increased importance of JPA's and includes a profile of each, with an indication of which ones will consider new memb-ers, the levels and types of coverage available and the criteria for membership. Presently, the League is attempting_ to identify sources for commercial insurance and will distribute this information as soon as it is available. If you have questions concerning this report, please contact Dan Harrison at the League 's Sacramento office who worked with Clary:-Ryll Comm--..ilications in its preparation. K o� League of California Cities i ®� CBIIi 1'f1;G ;.TUBS . A RgPORT: "THB JOINT POWKRS AUTBORITY %XPLOSION -- A SOLUTION TO TEEK MUNICIPALITY LIABILITY INSURANCE CRISIS" September, 1986 Report by : Clark-Ryll Communications Carmichael , CA NFERENCE REGISTRATION OFFICE HEADQUARTERS SOUTHERN CALIFORNIA OFFIC= 9-549 0�=%.a s- bTN S'RcE' Su'E1aC0 K STREET. SACRAMENTO. C 9581<?E - - LOS ANGLES CA 9M (916) 44-4-5790 4�?os?E League of California Cities A REPORT: THE JOINT POWERS AUTHORITIES EXPLOSION -- A SOLUTION TO THE MUNICIPALITY LIABILITY INSURANCE CRISIS C O N T E N T S Pane Preface . . . . . . . . . . . . . . . . . . . . . . . . i The JPA Evolution . . . . . . . . . . . . . . . . . 1 The JPA of Today . . . . . . . . . . . . . . . . . . . 3 What Is Available Now for California' s Cities? . . . . 5 The Membership Areas of California' s JPA' s . . . . . . . 5 JPA' s with Statewide Membership Areas 6 JPA' s with Local/Regional Membership Areas : . . . . . . 7 Northern California Area . . . . . . . . . . . 7 San Francisco Bay Area . . . . . . . . . . . . 8 Central Valley Area . . . . . . . . . . . . . . 8 Southern California Area . . . . . . . . . . . 8 The Coastal Areas . . . . . . . . . . . . . . . 10 The Coverage-Exclusion Spreadsheet 11 EPHIBITS: Exhibit 1 : "A Listing of Joint Power Authorities for California' s Cities " Exhibit 2 : "California' s Joint Powers Authorities for Municipalities -- by Region" Exhibit 3 . "Memoranda of Coverage/Insurance Policies , Notable Exclusions " JPA Profiles and Maps FEXFACS The following report is presented by the League of California Cities for the purpose of providing its members a current and in-depth examination of liability insurance coverage offerings , available to California' s cities, by "non-traditional" insurance alternatives known as Joint Powers ( insurance) Authorities (JPAs ) . This report is limited to discussion regarding liability coverage, recently the most difficult to obtain, and has not attempted to explore or consider any other coverage lines which an organization may offer. Every effort has been made by the 1,eague of California Cities and Clark-Ryll Communications to ensure the accuracy and validity of the information which is published herein . All published data were compiled based upon interviews conducted with JPA representatives , and JPA program managers/coordinators reviewed profile data for revisions when necessary. The statistics noted herein are subject to frequent change . Thus , no data should be presumed to be current, and the accuracy of the contents of this report cannot be guaranteed. It is strongly recommended that specific program details be provided by each JPA representative . The profiles contained in this study were adapted from exhibits originally published in the March, 1986 insurance study conducted for the League of California Cities by the risk management consulting firm, Warren, McVeigh h Griffin, Newport Beach. Appreciation is expressed to the JPA program managers , coordinators and elected officials who provided program information, and also to the Crump Companies for policy-form exlcusion review. -i- r Funding for this report was provided by the League of California Cities in conjunction with the statewide JPA, California Municipal Insurance Authority ( -CHIA" ) . This report, related exhibits , graphics and Profiles were produced by Clark-Byll Conzwnications, with peer-review being conducted by the Sacramento Office of the risk management consulting f i rm, ARMT ech. -ii- the Joint Powers Authority Explosion -- A Solution to the Himicivality Liability Insurance Crisis California' s Joint Powers ( Insurance) Authorities (JPAs ) have grown in number and sophistication over the past several years , and f or the most part, have survived one of the most severe insurance cycles of recent history. The JPA of today is more flexible, responsive to membership needs and market demands , and possibly out of sheer necessity and absence of other options , has surfaced as a successful indemnification alternative for the public sector -- in most cases, totally void of the "traditional" excess insurance policy, at least for third-party liability exposures . Thus , in spite of the current insurance climate, the more established and newer JPAs alike are emerging from the crisis "older and wiser" , richer in reserves , extremely conscious of loss-control and claims-handling, and deeply committed to sound risk-management programs . Most of the "surviving" organisations are now either: ( 1 ) fully self-insured and dependent upon preserving precious reserves ; ( 2 ) insured with lower limits and higher retentions , on a claims-made basis by insurance companies ( 3 ) awaiting the final go-ahead to sell Certificates of Participation (COPs ) to fund future liabilities , or ( 4 ) any combination of the above ( or in 'transition thereto) , in addition to anxiously awaiting the emergence of a statewide JPA "super-pool" as provided by AB 3554 (Hauser) , recently adopted by the Legislature and sent to the Governor for approval . This super-pool will offer liability insurance limits to $25 million, excess of $1 million. Th!�,, JPA Evolution A little over a decade ago , public entities in California were faced with a similar predicament to that which exists today . Individual cities faced severe liability insurance coverage availability and large premium increases . Because of this , California' s cities began to seek alternatives to ease the burden of traditional insurance purchasing . By the mid-1970s , the first California municipal JPAs were formed specifically for insurance purposes : the Redwood Empire Municipal Insurance Fund ( "REMIF" ) , the Contra Costa County Municipal Risk Management Insurance Authority ( "CCCMRMIA" ) and the Southern California Joint Powers Insurance Authority ( "SCJPIA" ) . As the city JPAs were implemented, other public entities began to eye the feasibility of JPA formation. By 1978 , California legislation was passed which clarified a variety of issues about the legalities of JPAs , in addition to exempting them from regulation by the Department of Insurance. Clark-Ryll Communications Much activity developed: cities , counties , school districts , special service districts , and host associations began JPA feasibility studies . Almost immediately, the insurance industry became interested when eyeing the public entities contemplating formation of large groups which would represent bulk premium dollars . Soon, new organizations developed in addition to city-JPAs which could offer solutions to unique insurance needs based upon homogeneous exposures and loss histories : for counties , the County Supervisors Association of California/Excess Insurance Authority ( "CSAC/EIA" ) ; for schools , one of the first school JPAs , the Schools Insurance Authority ( "SIA" ) , and for water-purveying entities , the Association of California Water Agencies/Joint Powers Insurance Authority ( "ACWA/JPIA" ) . Early on, typically through large group-purchases , higher organizational retentions coupled with higher individual member Self-Insured Retentions (SIRS ) or deductibles, an organization could provide its membership favorable excess insurance coverage limits , broadened scopes of coverage and usually a decrease in excess insurance costs when compared to earlier individual premiums or renewal quoations . Also, some JPAs offered members the ability to share a portion of the organization' s,- interest income -- very attractive to applicant agencies since interest rates were riding extremely high then. JPAs assumed a variety of designs in terms cost-sharing and loss-handling. Many oT the early JPAs chose risk-sharing situations . These pools afforded their members the opportunity to benefit from "the law of large numbers" and greater "spread or risk" spanning large geographical areas -- sometimes the entire state of California. In most cases , these pools delivered additional cost-savings by pro rata distribution of losses and operating expenses to members , in addition to a share of interest income. These pools typically purchased excess insurance above the JPAs retention level and because of the magnitude of the group, often garnered broad policies with high limits . Interest income, combined often times with good loss experience, also afforded premium refunds or discounts for the next year. This pooling concept is still prevalent among many of the existing JPAs . A few of the early JPAs chose a more conservative approach to that of pooling risks combined with purchasing excess insurance. Some chose to group-purchase excess insurance, sharing that cost Plus administrative expenses , without any sharing of risk below the excess insurance attachment point . Often, however, higher member SIRS were required in order to reach the excess-insurance attachment point. Some JPAs offered an innovative option in addition to the above -- the "banking plan" -- for members that could not afford a large catastrophic loss or a series of below-deductible losses . With this plan, an account or borrowing fund was available to member entities electing not to immediately pay for one or more losses . The borrowed funds were considered a loan to the member entity and interest usually attached at prevailing rates . Payback due dates could vary . This method of handling losses is also still practiced by several existing JPAs . -2- For some public entities , the pooling plans , even those combined with banking plans , did not come without some element of risk to the participants -- and for this reason not all public agencies rushed to join pools . The potential existed for one or more members' catastrophic loss or series of losses to financially impact the organization and the individual participants and result in: ( 1 ) the share of losses allocated to each member in a risk-sharing JPA being subject to unknown proportions , ( 2) the loan-program fund or loss-borrowing account possibly being exhausted, or ( 3) an inordinate number of claims in a given year which could cause the then-available excess insurance premiums to skyrocket -- all situations translating into local budgetary and political distress . To safeguard against such risks , JPAs worked with risk management personnel to counteract the negative side-effects . A majority of JPAs have adhered to the importance of projecting estimated losses, with various "comfort levels" for the organization, by periodically conducting actuarial studies of the group' s loss data. These are usually conducted on an annual or bi-annual basis . Also , most JPAs have set up "catastrophic loss funds" , "incurred but not reported" ( IBNR) funds , loss contingency funds , and have encouraged their individual members to establish internal loss reserve funds . The rule-of-thumb for internal loss reserve funds is usually two to three times the SIR (or deductible ) amount . Thus , the risk to the organization is buffered by conservative reserving and financial management practices . The JPA of Today The JPA of today is not very different in structure from the organizations just described. Most of the noted program design features are still being utilized in one form or another, and a majority of the initial JPAs are still functioning successfully , with reportedly few members withdrawing. Only one city JPA, the San Mateo County Cities JPA, is known to have disbanded when unable to locate excess insurance . Many of its members merged into other existing JPAs . However, there is one significant difference between today' s JPA and those initial JPAs : the lack of excess insurance coverage . This time , insurance companies even lost interest in bulk premiums from large groups , and whether cancelled mid-year or at renewal , individual public entities and JPAs have had few choices when evaluating their plans for future operations : ( 1 ) Do nothing -- abandon all attempts to purchase insurance , "go bare" and pay each year' s losses. out of that year' s operating budget; ( 2 ) Succumb to the insurance company demands ( if any) ; Purchase expensive and restrictive insurance coverage , -3- facing, most likely, a "claims-made" policy form; A "claims-made" policy responds only to claims that are both incurred and made, or filed, during 'the policy, period. Once the policy period ends , the "claims-made" policy ceases to respond . The old occurrence policy responded to incidents which occurred during the policy period, regardless of when the claim Was "made" or "filed" . "Extended Reporting Period" coverages can usually be purchased for "claims-made" policies to cover specific periods of time ( "tails" ) following a policy' s expiration . Also , "claims-made" policies contain significant aggregate limitations and are filled with exclusions subject to laser endorsements excluding coverage in future policy periods after an accident has already occurred. ) ( 3 ) Convert to a fully self-insured, risk-sharing JPA (from either a previous group-purchase or pooling arrangement which had "traditional" excess insurance coverage) , share in losses above individual SIRS to the full limits of the JPA organization; ( 4 ) Create a new "super pool " JPA which would provide excess liability insurance above either a primary JPA' s limits , or high individual self -insured retentions (SIRS ) ; As the appended Profiles demonstrate , the benefits of ( 3 ) and ( 4 ) have appealed to most JPAs , since conversion began rapidly either just prior to, or during, most renewals this past year . Thus , the organizational goals and objectives quickly shifted to meet current demands : ( a) survive and eliminate future dependence upon the commercial insurance marketplace; (b) provide broader coverage via the organization' s own "Memorandum of Coverage" ; and (c ) build up financial reserves for greater stability, i . e. , larger excess liability funds , higher excess insurance limits , and/or revived loss-fund bank accounts . Emerging from rapid re-organization, today' s resilient and "weathered" JPA is able to offer programs that meet the liability coverage needs that member agencies are not able to find in the commercial marketplace. Bold concepts such as : (a) a voice in insurance-organization activities and membership, (b) financial direction and decision-making, (c ) the ability to participate in coverage-structuring combined With ( d) deeper understanding of the individual/collective exposures so the organization' s coverage form is balanced and harmonious to the membership, and (e ) ultimate freedom from the shackles of traditional insurance, are now organizational components inherent to most JPAs . Thus, today' s JPA has become a very distinct and viable insurance organization. -4- What is Available Now for California' s Cities? Exhibit 1 , which is appended to this report, lists those JPAs which are known to exist for cities within the state of California. (Note the highlighted abbreviations beside each JPA. Due to leng-thly names , the abbreviations will be used throughout the remainder of this report. ) A total of 21 JPAs currently exist for California' s cities , and slightly over 50% of the listed JPAs were formed since 1984 . It is interesting to note increased flexibility. A few of the JPAs (GCJPA, YCPARMIA) have allowed other types of public entities to join, usually when the services (exposures ) were homogeneous to the rest in the group. It is also interesting to note that several JPAs are expanding beyond regional service to entire statewide service, taking full advantage of a greater spread of risk (refer to Exhibit 2 ) . ' Program detail , such as membership limitations , qualification criteria, rating and assessment, are almost always issues peculiar to a JPA and subject to final decision and change by the Board of Directors , risk manager, or an underwriting committee of the JPA. In a few cases ( CCRMA, NCCIF, and OCCRMA) , such decisions are handled by the insurance carrier ( see the JPA Profiles following Exhibit 3 ) because the JPA purchases traditional insurance and is , thus , subject to underwriter and/or policy terms . The desire for more program control , autonomy and stability often motivates a JPA toward full self-insurance ( i . e. , SCJPIA) . The Memb,ersh?p Areas of California' s JPAs Exhibit 2 , appended to this report, has been compiled by plotting the boundaries of each existing JPA on a map of the State of California . Each JPA Profile includes a map which identifies , when possible , the JPA' s membership area. It should be noted that many of the JPAs are open to considering "homogeneous" (or uniform) cities from other areas of the state , and the appropriate program manager should be contacted for further definition of the JPA' s service area . Case in point is the Marin Cities Liability Management Authority. Although originally formed primarily to service the cities in Marin County , other cities outside Marin with similar demographics , geography and exposures can be considered for membership. Other JPA managers also stated that their JPA may consider members outside their current area, but preferred that such a comment not appear on their Profile . The placement of California' s JPAs on maps provided some interesting conclusions . There are apparent heavy concentrations of -5- overlapping JPAs in two specific areas of the state -- the San Francisco Bay Area and Southern California. Outlying areas , such as the eastern counties which adjoin the state of Nevada ( from Modoc County in the north, to Inyo County in the south) , appear to have limited regional selections ; while Alpine, Mono and Ingo Counties may have only a few of the statewide service-area JPAs from which to choose, and then membership qualification may depend upon the size of the city. In addition, the 12-county area termed the Central Valley Area in Exhibit 2 is represented by only one regional JPA, the CSJVRMA, in addition to the statewide JPAs (ACCEL, CAL-JPIA, CMIA and MCLMA) , although Kern County is swept into the ICRMA boundaries . About six months ago, another group of cities in the Central Valley attempted to form the "San Joaquin Valley JPA" . However, the interested cities which numbered about 25 , later opted to join the more established CSJVRMA. When examining the JPA Profiles , ultimate distinction between and evaluation of the membership-area -JPA will depend upon an interested city' s exposure profile, size, location and "political identification" with the other members in the organization. JPAs With Statewide Membership Areas Of the 'Lour JPAs noted as having statewide membership areas , ACCEL , is interested only in larger California cities ; the MCLM.A is interested in considering members similar to those of Marin County; CMIA will consider any city' s application and possibly special service districts , as well , thus offering an additional option (other than a regional JPA) to the smaller California city. CAL-JPIA will accept applications from regional JPAs as well as larger individual cities ; but most likely will not consider applications from the Los Angeles area . It is also reported that CAL-JPIA may soon cease to consider any additional applications , thus , closing its membership. Currently, all the statewide JPAs are fully self-insured, meaning that all risks above individual member SIRs are pooled and shared by the membership. In many cases , additional contributions are made to a variety of excess liability fund layers , depending upon the city' s (or JPA s ) desired level of excess coverage . Also , most of the JPAs offer a variety of SIRS (deductibles ) from which members can select . Only two JPAs , CMIA ( a statewide JPA) and Glenn County JPA ( a Northern California Area JPA) , offer coverage from the first dollar of loss , and in contrast, "super-pool" CAL-JPIA requires a minimum SIR of $250 , 000 , because the program is tailored to JPAs and large-city participants that desire and can afford higher SIRS . -6- During the past year, various JPAs- have explored the feasibility of issuing Certificates of Participation (COPs ) to fund future unknown liabilities . To date, no COPS have been offered as various legal and practical problems have arisen; however , CMIA continues to aggressively pursue the issuance of COP' s and feels that if bond counsel can work out the complexities , this approach will provide a secure and stable funding method. Also , ICRMA in Southern California is reportedly considering issuing COPS , and may do so as early as mid-1987 . Last month, insurance-industry periodical Business Insurance, reported that the nation' s first bond-financed self-insurance pool for public entities was formed by the Louisiana Public Facilities Authority in August. The Authority reportedly sold $280 million in tax-exempt bonds to establish the "Local Government Liability Insurance Program" , and is expected to offer general liability and auto coverages to qualifying public entities . Currently, a similar bond-financed pool is being formed in the state of Montana, as well . Although the legalities vary from state to state , it may only be a matter of time before other organizations will be successful in implementing this type of program in California. aAs With Local/Regional Member:shhip Areal' Exhibit 2 further segregates JPAs into specific regional membership areas, in addition to those covering the full state : ( 1 ) the Northern California Area; ( 2 ) the San Francisco Bay Area; ( 3 ) the Central Valley Area; (4 ) the Southern California Area, and , ( 5 ) the state' s Coastal Areas . NORTHERN CALIFORNIA AREA: The six JPAs which include all or part of Northern California as membership areas , are each quite unique . Three of the six, GCJPA, REMIF and YCPARMIA, service only small specific areas -- Glenn County, the Napa/Sonoma Area, and Yolo County, respectively . REMIF and GCJPA are not interested in new members , but YCPARMIA will entertain applications from cities in Yolo County. What remains are about 20 Northern California counties whose cities have three regional JPAs (for small and medium-sized cities ) to consider, in addition to the statewide JPAs . Two of the remaining regional JPAs , NCCIF and SCORE, are designed for smaller cities ranging in population size from 1 , 000 to 20 , 000 spanning nearly all of Northern California. The one remaining regional JPA, the BCJPA, is designed for medium to larger-sized cities and also will encompass all of Northern California , including the San Francisco Bay Area. (This JPA is discussed in the "San Francisco Bay Area" section. ) NCCIF is one of the few JPAs left which group-purchases excess insurance above the member cities' deductibles on a claims-made and more limited coverage form. The JPA, SCORE , is a risk-sharing JPA with $250 , 000 in limits above members' SIRS of '$2, 500 to $25 , 000 . It is currently being considered for excess insurance coverage by the CAL-JPIA "super-pool' Both NCCIF and SCORE offer the "banking plan" option for members to handle losses . -7- One of the JPAs , the OCCRMA, continues to offer its members traditional excess insurance, above individual deductibles . However, the coverage is on a claims-made basis and more restrictive in scope. As the JPA name indicates , this JPA is only for Orange County cities . Membership applications are reviewed by the carrier, and although the JPA would like to accept new members , the program is closed. Another Southern California JPA, SDCCRMA, was similar in design to OCCRMA until recently when it opted to become a risk-sharing and self-insured JPA. While it previously serviced only the San Diego County area, it may consider opening its membership to homogeneous cities throughout the state . However, since it currently is in transition and contemplating some restructuring, it will no doubt consider boundary changes at a later date . The largest southern California JPA for municipalities , the SCJPIA, recently voted to fully self-insure and offer limits to $10 million. The new program has two pooled layers of coverage: a primary layer (above SIRs of $20 , 000 ) to $500 , 000 ; an excess layer of $9 . 5 million (excess of the first $500 , 0b0 layer) . Separate contributions are collected for each loss fund. As its name denotes , the service area encompasses Southern California; however, this JPA did accept the city of Bishop, located in Inyo County . Although the JPA currently has a growth-moratorium in effect, it is expected to be lifted soon. A newer risk-sharing JPA for small and medium-sized cities is the CVJPIA, slightly less broad in service area than the SCJPIA, and one which offers limits of $5 million. This JPA offers its members deductibles ranging from $25 , 000 to $125 , 000 , and a "banking-plan'" option for financing losses . Interest is charged at prevailing rates . Although the current membership base consists of cities primarily in the desert regions , consideration is being given to the formation of a "super-pool" ( similar in design to the statewide CAL-JPIA) for only Southern California entities . The ICRMA organization, which services Riverside County and all counties contiguous to, and including Los Angeles County , is in a state of transition -- currently self-insuring all losses to $5 million, but later expected to elevate limits to $10 Million after offering COP' s for sale . It is anticipated that the sale of COPs , which will bring about $25 Million to the organization , should occur sometime in early-1987 . The program has re-opened, and applications are accepted no later than February 1 (of the year in which membership is to be affected) in order to have a July 1 effective date . This process will be conducted annually. It is reported another JPA, the California Agencies Risk Management Authority ( "CARMA" ) , may form for larger Southern California cities , possibly expanding to other homogeneous cities statewide. Currently, its three large cities are evaluating an -9- off-shore "captive" in Bermuda to provide $10 Million in limits above SIRS of $500 , 000 or $1 . 5 Million. This program is being designed by the coordinators of the OCCRMA, and although there is- some feeling it is expensive, proponents view the "captive" approach as an entre' into the reinsurance marketplace later on. THE COASTAL AREAS : The remaining area for discussion is the Coastal Area of the state which, for this discussion, spans south of the San Francisco Bay to just north of the Southern California Area, or through Santa Barbara County . This service area purposely omits the San Francisco Bay and Southern California Areas , and coincidentally excludes the coastal area north of San Francisco (for Mendocino, Humboldt or Del Norte Counties , for instance) , because no specific regional JPAs exist there. Although, REMIF or MCLMA might qualify as "coastal" , they were better discussed elsewhere. There are three JPAs noted for the Coastal Area: CCSIF, MJPIA and SBAJPA ( in addition to the Northern California Area and statewide JPAs which could service this area) . Only two of the JPAs are operating: CCSIF and SBAJPA. The MJPIA is in the process of formation. . The JPA, CCSIF, still offers members traditional insurance with limits to $3 million and city deductibles of $1 , 000 to $100 , 000 . The policy form is more restrictive and on a claims-made basis . A banking plan is available and membership is open to medium-sized central coast cities only. Membership, in this case, is the ultimate decision of the insurance underwriter. While the SBAJPA is interested only in cities within the Santa Barbara Area with a population-base between 5 , 000 and 20 , 000 , the other two JPAs , CCSIF and MJPIA, are more open to considering a wider service area along the coast . The SBAJPA, which formed in July of 1986 , was just accepted into CAL-JPIA effective September 1 , 1986 . The organization will have limits to $10 million, above the JPA' s retention of $250 , 000 . The JPAs losses are pooled beyond city SIRS of $1 , 000 to $10 , 000 and a banking plan for handling losses is available to members . Although the service area is stated as "the Santa Barbara Area" , exact boundaries should be verified with the Program manager since the JPA is so new. Still in formation stages , the MJPIA will not be in full operation until October 1 , 1986 . It is hoping to offer $10 million in limits but an actuarial study will pronounce the organization' s full funding capabilities . It may cap the membership size to 12 cities and may also change its name to the "California Coastal Insurance Authority" . Its service area will probably be much the same as that for CCSIF, however, questions about the potential program should be directed to the program designer (noted in the "manager" category of the Profile) . -10- As evidenced by the membership area maps and Profiles , the existing JPA' s have many distinguishing features, and although it appears that there are an abundance for the state of California, it can hardly be said that any two are identical and servicing the same geographical area of the state . In addition, each organization harbors its own complexities in a variety of program-design areas such as cost-allocation formulas , underwriting and rating, assessments or retrospective premium adjustments . For this reason, any JPA being considered for application purposes should be carefully analyzed -- especially in terms of the underwriting and rating structures, and perhaps most importantly, the assessment capabilities for later adjustments of "deposits" or initial premiums . The Coverage-Exclusion Spreadsheet (Exhibit 3) Additional differences between JPAs can be identified in Exhibit 3 , the Coverage-Exclusion Spreadsheet. This spreadsheet lists the industry' s more notable liability insurance exclusions which were extracted from the policy form of a current public-entity insurer. It is apparent that each JPA contains members with unique exposures for which the organization either accepts responsibility or excludes coverage . For those self-insured JPAs writing their own Memoranda of Coverage , exclusions are usually left to the Board of Directors , the risk manager and/or an underwriting committee , often with recommendations about probability of loss from actuaries or risk-management consultants . A delicate balance must exist between an organization' s coverage and exposures , so that the JPA is neither too restrictive, nor subject to too much volatility . For those few JPAs which offer traditional insurance , the policy scope is restrictive , tightly scrutinized and generally subject to at-random changes by the underwriter. It should be noted that perhaps the most broad Memorandum of Coverage for a fully self-insured JPA is that of the MCLMA; the most restrictive insurance policy coverage forms are, of course, those claims-made forms which are offered to the few JPAs still utilizing traditional insurance company excess coverage. It should also be noted that some JPA program representatives were not at liberty to disclose their form' s exclusions , thus , no data is indicated on the exhibit . The Coverage Exclusion matrix notes exclusions not coverages ; thus , where no checkmark is noted , coverage is presumed to be in effect . Again, it is recommended that the program manager be contacted to verify all coverage questions , so no misinterpretations of coverage occur. -11- EXHIBIT 2. CALIFORNIA' S JOINT POWERS AIITBORITIES FOR MUNICIPALITIES BY REGION (As of September, 1986 ) I . JPA' s With Statewide Service Areas: A. Association of California Cities Excess Liability ( "ACCEL" ) Joint Powers Authority; B. California Joint Powers Insurance Authority ( "Cal-JPIA" ) -- a "super JPA" ; C. California Municipal Insurance Authority ( "CMIA" ) ; D. Marin Cities Liability Management Authority ( "MCLMA" ) . II . JPA' s Considered To Be "Local- or, ;Regional" in Service-Providing Areas : ' A. NORTHERN CALIFORNIA AREA: 1 . Bay Cities Joint Powers Authority ( "BCJPA" ) , also noted under "San Francisco Bay Area" ; 2 . Glenn County JPA ( "GCJPA" ) ; 3 . Northern California Cities Insurance Fund ( "NCCIF" ) ; 4 . Redwood Empire Municipal Insurance Fund ( "REMIF" ) ; 5 . Small Cities Organized Risk Entity ( "SCORE" ) ; 6 . Yolo County Public Agency Risk Management Insurance Authority ( "YCPAR.MIA" ) . B. SAN FRANCISCO BAY AREA 1 . Association of Bay Area Governments ( "ABAG" ) Plan Corporation; 2 . Bay Cities Joint Powers Authority ( "BCJPA" ) , also noted Under "Northern California Area" ; 3 . Contra Costa County Risk Management Insurance Authority ( "CCCRMIA" ) ; 4 . Marin Cities Liability Management Authority ( "MCLMA" ) , noted in I . above. C . CENTRAL VALLEY AREA: 1 . Central San Joaquin Valley Risk Management Authority ( "CSJVRMA" ) . 1� ORANGE COUNTY CITIES SURVEY EXCESS LIABILITY POOLS F NAME JOINT POINERA :AUTHORITY POOL Anaheim ACCEL Brea OCCRMA Buena Park N/A Costa Mesa N/A Cypress OCCRMA Dana Point CJPIA Fountain Valley CJPIA Fullerton ICRMA Garden Grove N/A Huntington Beach BICEP Irvine OCCRMA Laguna Beach OCCRMA Laguna Hills CJPIA Laguna Niguel CJPIA La Habra N/A Lake Forest CJPIA La Palma OCCRMA Los Alamitos OCCRMA Mission Viejo CJPIA Newport Beach N/A Orange OCCRMA Placentia PARSAC San Clemente OCCRMA San Juan Capistrano CJPIA Santa Ana BICEP Seal Bech OCCRMA Stanton OCCRMA Tustin OCCRMA Villa Park CJPIA Westminster OCCRMA ACCEL Authority for California Cities Excess Liability OCCRMA Orange County Cities Risk Management Authority CJPIA California Joint Powers Insurance Authority ICRMA Independent Cities Risk Management Authority BICEP Big Independent Cities Excess Pool PARSAC Public Agency Risk Sharing Authority of California N/A Self Insured and/or Purchase Commercial BICEP Excess Workers' Compensation City of Huntington Beach i i 0.1800 ' i 0.1600 i 0.1400 I 0.1200 o � d 0.1000 0 0 0.0800 � I Ci 0.0600 0.0400 I I 0.0200 1 I � I 0.0000 rn rn rn Cl) 0) rn rn m rn O N ce) V In (0 W 00 a) rn rn rn rn rn rn rn I rn I I i i 89-90 90-91 91-92 92-93 93-94 94-95 95-96 96-97 97-98 SIR 350,000 350,000 350,000 350,000 350,000 350,000 350,000 1,000,000 500,000 Payroll 45,144,734 52,987,422 56,674,000 52,097,383 61,348,207 60,594,331 59,381,915 56,488,910 56,558,998 Premium 80,586 88,754 76,380 71,732 67,176 66,351 61,757 20,901 24,299 Composite 0.1785 0.1675 0.1348 0.1377 0.1095 0.1095 0.1040 0.0370 0.0430 %.,tTY OF HUNTINGTON BEACm MEETING DATE: 4/6/98 DEPARTMENT ID NUMBER: CK-98001 Council/Agency Meeting Held: Co00 Deferred/Continued to: 44 , (awf�9'� ❑Approved ❑ Conditionally Approved ❑ Denied D4Pv (!/—y Clerk's Signature Council Meeting Date: 4/6/98 Department ID Number: CK-98001 CITY OF HUNTINGTON BEACH x REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS N �`--—<1-1 SUBMITTED BY: CONNIE BROCKWAY, CITY CLERK A D > x� PREPARED BY: CONNIE BROCKWAY, CITY CLERK & D j SUBJECT: RECEIVE & FILE BIG INDEPENENT CITIES EXCESS POOL`(6ICEP) FINANCIAL STATEMENTS & INDEPENDENT AUDITOR-'S REPORT Fstatement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The BICEP Joint Powers Agreement between the BICEP member cities requires the Big Independent Cities Excess Pool (BICEP) Financial Statements and Supplementary Information With Independent Auditors Report to be filed as a Public Record with each of the BICEP member cities. The report includes Independent Auditors Report, Balance Sheets, statements of Revenue and Expenses, and changes in Fund Balances, Statements of Cash Flows, Notes to Financial Statements, and Claims Development Information for the years ended June 30, 1997, and June 30, 1996. Funding Source: Not applicable. Recommended Action: Motion: Receive and File the Big Independent Cities Excess Pool (BICEP) Financial Statements and Supplementary Information With Independent Auditor's Report for the years ended June 30, 1997 and June 30, 1996. Alternative Action(s): If Council has questions regarding this report, Council may defer Receiving and Filing to a future meeting. Analysis: The BICEP Agreement between cities requires this report to be filed as a public record. In order for the City Clerk to make a report, audit or any other material a public record in the City Clerk's Office, it must have first been seen, reviewed and accepted by the City Council sitting as a legislative body. The material then becomes a part of the official Council \ minutes and official files of which the Council and public are aware and able to access as a \ public record. 98001 -2- 03/23/98 3:54 PM �/ REQUEST FOR ACTION MEETING DATE: 4/6/98 DEPARTMENT ID NUMBER: CK-98001 Environmental Status: Not applicable. Attachment(s): City Clerk's • . • - NumberDescription fizz F 1 Communication from Gregory Spiker, ARM, BICEP General Manager Ken Spiker and Associates, Inc. 2 BICEP Report &Audit and Attachments RCA Author: Connie Brockway 98001 -3- 03123/98 3:54 PM BIG INDEPENDENT CITIES EXCESS POOL JOINT POWERS AUTHORITY c/o General Manager, Ken Spiker And Associates, Inc. 14156 Magnolia Blvd., Suite 103 Sherman Oaks, California 91423 (818) 788-0406 FAX No. (818) 784-1187 March 6, 1998 Ms. Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Dear Ms. Brockway: Enclosed please find a copy of the June 30, 1997, Big Independent Cities Excess Pool (BICEP) Financial Statements and Supplementary Information With Independent Auditor's Report for the years ended June 30, 1997, and 1996. The BICEP Joint Powers Agreement requires the report to be filed as a public record with each of the BICEP Member Cities. Please place the report in the appropriate file in your office. Thank you for your cooperation. Sincerely, Gregory J. piker, ARM BICEP General Manager Ken Spiker And Associates, Inc. GJS:sI Enclosure L BIG INDEPENDENT CITIES EXCESS POOL FINANCIAL STATEMENTS AND SUPPLEMENTARY INFORMATION WITH INDEPENDENT AUDITOR'S REPORT JUNE 30, 1997 and June 30, 1996 BIG INDEPENDENT CITIES EXCESS POOL Table of Contents Pacre Financial Statements: Independent Auditor's Report 1 Balance Sheets, June 30, 1997 and June 30, 1996 2 Statements of Operations and Changes in Retained Earnings for the years ended June 30, 1997 and June 30, 1996 3 Statements of Cash Flows for the years ended June 30, 1997 and June 30, 1996 4 Notes to Financial Statements 6-11 Supplementary Information Claims Development Information From Inception to June 30, 1997. Required Supplementary Information 13 EDWARDS, EICHEL & BERANEK CERTIFIED PUBLIC ACCOUNTANTS INDEPENDENT AUDITOR'S REPORT The Board of Directors Big .Independent Cities Excess Pool We have audited the accompanying balance sheets of the Big Independent Cities Excess Pool (BICEP) at June 30, 1997, and 1996 and the related statements of operations and changes in retained earnings and cash flows for the years then ended. These financial statements are the responsibility of BICEP's management. Our responsibility is to express an opinion on these financial statements based on our audits. We conducted our audits in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audits to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. In our opinion, the 1997 and 1996 financial statements referred to above present fairly, in all material respects, the financial position of the Big Independent Cities Excess Pool at June 30, 1997 and 1996, and the results of its operations and its cash flows for the years then ended in conformity with generally accepted accounting principles. BICEP has nine years of historical data for use in its estimates of incurred but not reported claims and the corresponding premium adjustments. Although BICEP considers its experience and industry data in determining such amounts, assertions and projections as to future events are necessary and ultimate losses may be higher or lower than amounts projected. The comparative schedule of Claim Development, on page 11 is not a required part of the basic financial statements but is supplementary information required by the Governmental Accounting Standards Board. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the supplementary information. However, we did not audit the information and express no opinion on Ap it. 6t�l� � ► Lk&o � t Pasadena, California Edwards, Eichel & Beranek . December 22, 1997 Certified Public Accountants 468 N.RUSEMEM) Bou.i:\ARD S UITL•#100 PASADE`A,CAIJFOR\I.-\91 107-3059 818/351-3S00 F:\x 818/351-3804 E-MAIL.76064.23 0c,Dompusenvexom BIG INDEPENDENT CITIES EXCESS POOL BALANCE SHEET June 30, 1997 and June 30, 1996 ASSETS 1997 1996 Cash and cash equivalents, unrestricted $ 23,894 $ 15,172 Restricted cash equivalents 2,324,626 261,710 Total cash and cash equivalents (Note 2) 2,348,520 276,882 Investments (at cost, which approximates market value) (Note 2) 13,374,158 15,387,801 Accrued interest receivable 180,671 198,042 Total assets $15,903,349 $15,862,725 LIABILITIES AND RETAINED EARNINGS Liabilities: Accounts payable $ 16,021 $ 14,295 Unpaid losses and loss adjustment expenses (Note 3) 4,260,747 4,006,065 Bonds payable (Note 4) 11,925,000 12,550,000 Less-unamortized issuance cost ( 1,119,553) ( 1,214,892) 10,805,447 11,335,108 Accrued interest payable 239,197 248,960 Estimated future premium adjustments 581,937 258,297 Total liabilities 15,903,349 15,862,725 Retained earnings -- -- Total liabilities and retained earnings $15,903,349 $15,862,725 The accompanying notes are an integral part of these financial statements. 2 BIG INDEPENDENT CITIES EXCESS POOL STATEMENTS OF OPERATIONS AND CHANGES IN RETAINED EARNINGS Years ended June 30, 1997 and June 30, 1996 1997 1996 Revenue.: Deposit premiums earned $ 2,164,599 $ 2,080,178 Premium refunds -- 18,542 Estimated future premium adjustments (423,267) 361,901 1,741,332 2,460,621 Expenses: Net increase in actuarially determined unpaid losses and loss adjustment expenses(note 3) 438,403 988,039 Purchased liability insurance and reinsurance 1,188,666 1,398,567 General and administrative expenses 159,764 155,437 1,786,833 2,542,043 Excess (deficiency) of revenue over expenses, before net investment income (45,501) ( 81,422) Net investment income: Investment income 940,811 1,088,609 Interest expense (895,310) (1,007,187) 45,501 81,422 Excess of revenue over expenses -- -- Retained earnings, at beginning of year -- -- Retained earnings, at end of year $ -- $ -- These accompanying notes are an integral part of these financial statements. 3 BIG INDEPENDENT CITIES EXCESS POOL STATEMENTS OF CASH FLOWS Years ended June 30, 1997 and June 30, 1996 1997 1996 Cash flows from operating activities: .Excess (deficiency) of revenue over expenses before net investment income $ (45,501) $ (81,422) Adjustment to reconcile excess (deficiency) of revenue over expenses before net investment income to net cash provided by operations: Increase (decrease) in accounts payable 1,726 4,325 Increase (decrease) in unpaid losses and loss adjustment expenses 254,682 (124,906) premium (Decrease) increase in estimated future premium adjustments payable 323,640 (359,451) Net cash provided (used) by operating activities 534,547 (561,454) Cash flows from investing activities: Interest received 958,182 1,047,317 Net change in investment portfolio re issuance of new bonds and refund of old bond issue -- (1,882,301) re: conversion of long-term investments into cash equivalents 2,013,643 Net cash derived from (used in) investing activities 2,971,825 (834,984) Continued on page 5 4 Cash flows from noncapital financing 1997 1996 activities: .'Refunding of Series 1988 bonds and issuance of 1996 bonds Annual principal payments 1988 bonds -- (520,000) Interest paid ( 809,734) (1.,050,247) Refunding of remaining 1988 bonds -- (12,335,000) Issuance of 1996 bonds -- 12,550,000 Net cost of funding new issue -- (745,100) Principal payments 1996 bonds (625,000)Net cash (used) in noncapital financing activities (1,434,734) (2,.100,347) Net increase (decrease) in cash and cash equivalents 2,071,638 (3,496,785) Cash and cash equivalents at beginning of year 276,882 3,773,667 Cash and cash equivalents at end of year $ 2,348,520 $ 276,882 The accompanying notes are an integral part of these financial statements. 5 BIG INDEPENDENT CITIES EXCESS POOL NOTES TO FINANCIAL STATEMENTS 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES: Organization and Operations Big Independent Cities Excess Pool (BICEP) was created effective September 23, 1988, by a joint powers agreement among five cities organized and operating under the laws of the State of California. BICEP is organized pursuant to the provisions of the California Government Code for the purpose of providing joint insurance coverage and related risk-management services for member cities. The extension of joint insurance coverage to member cities began October 1, 1988. BICEP's liability program offers a combination of pooled and commercially purchased public auto and general liability coverages, plus errors and omissions coverage, for losses in excess of the member cities' specified self-insurance retention levels of one million dollars. Individual and aggregate claims in excess of specified levels are covered by excess insurance policies purchased from commercial insurance carriers which, combined with the program's self-funded layers, offer a total of $25 million in coverage limits. Additionally, through its broker AON .Risk Services, it enables its members to purchase property and worker's compensation insurance as a group. BICEP is a nonprofit California public agency; thus, it is tax-exempt. It is also considered a "Special District" by the Office of the State Controller, Division of Local Government Fiscal Affairs, for the purpose of filing an Annual Report of Financial Transactions of Special Districts. Basis of Accounting The accounting records of BICEP are maintained on the accrual basis of accounting. Bond Issuance Costs Bond issuance costs are amortized over the life of the bond issue using the straight line method. In 1996 due, in part, to more advantageous interest rates, the 1988 bond issue was retired and new bonds were issued carrying substantially lower interest rates. Cost of issuance expense and the premium paid on retirement are being amortized over the remaining life of the original issue. See note 4 for further explanation. Cash and Cash Eguivalents BICEP considers money market funds and all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivalents. Restricted Cash Restricted cash represents funds held in trust for payment of bond principal and interest, future debt service, and claims payment. 6 BIG INDEPENDENT CITIES EXCESS POOL NOTES TO FINANCIAL STATEMENTS continued 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) : Rebatable Arbitrage Earnings Rebatable arbitrage earnings represents the excess of the amount earned on all cash equivalents and investments over the amount which would have been earned if such cash equivalents and investments were invested at a rate equal to the bond yield for activity through January 1, 1995. This excess is subject to change due to bond and investment activity occurring after January 1, 1995. Deposit Premium Revenue Premiums are recognized as earned over the periods covered by the policies. Under the terms of the Liability Risk Coverage Agreement, between BICEP and its member cities, premium adjustments resulting in additional premium assessments or refunds were to commence in February 1992, covering the experience of BICEP from inception. Estimates of such adjustments are recorded in the financial statements annually as estimated future premium adjustments. Premium adjustments are subject to change as the ultimate cost of claims becomes known, investment income and expenses are realized, and BICEP's costs are allocated to each Policy Year. Unpaid Losses and Loss Adjustment Expenses Estimated unpaid losses and loss adjustment expenses include an amount for losses incurred but not reported. These estimates have been discounted to their present value. Liabilities are based on the estimated ultimate cost of settling the claims, including the effects of inflation and other societal and economic factors. The previously noted claims and ultimate recoveries will be deducted from the gross amount of unpaid losses. Claims which have been incurred but not reported to the claims administrator at June 30, 1997 have been estimated through an independent actuarial analysis based on loss development experience of BICEP and the member cities and available industry loss development data. BICEP's recognition of losses incurred but not reported is in conformity with Government Accounting Standards Board (GASB10) , Accounting and Financial Reporting for Risk Financing and Related Insurance Issues and the Risk Finance Omnibus (GASB 30) and the American Institute of Certified Public Accountants (AICPA) Statement of position 94-5. USE OF ESTIMATES Certain assets and liabilities are not subject to precise determination. Specifically, unpaid loss and loss determination expense must be estimated. Those losses that have occurred and not been reported can only be estimated by actuarial methods. Since year ended June 30, 1995 the $1,000,000 to $2,000,000 loss layer originally carried by BICEP has been insured by outside carriers, reducing both the premiums and the risks to the participating cities. Those losses in the $1,000,000 to $2,000,000 7 BIG INDEPENDENT CITIES EXCESS POOL NOTES TO FINANCIAL STATEMENTS continued Note I SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) : layer prior to July 1, 1994 generally have been reported but there is always the possibility of ultimate cost exceeding original estimates. RECLASSIFICATIONS Certain reclassifications have been to fiscal year ended June 30, 1996 operating figures to simplify comparisons with June 30, 1997 results. The changes made relate to including of amortization of bond issuance cost as a component of interest expense in the statement of Operations and Changes in Retained Earnings. 2. CASH AND INVESTMENTS Under provisions of the California Government Code (Code) , BICEP is authorized to invest in: A variety of federal and state treasury obligations (including local California agencies) • Obligations or other instruments of or issued by a federal agency or government sponsored enterprise Bankers' acceptances which are eligible for purchase by the federal reserve system (subject to certain limitations) • Prime quality commercial paper (subject to certain limitations) • Negotiable certificates of deposit issued by nationally or state chartered banks, savings and loan associates and credit unions Repurchase agreements or reverse repurchase agreements of any securities authorized by the Code Cash and Cash Equivalents, Unrestricted At June 30, 1997, the net carrying amount and deposit balance was $23,894, of which $19,460 was invested in the Local Agency Investment Fund an investment pool maintained by the State Treasurer. At June 30, 1996, the net carrying amount and deposit balance was $15,172 of which $14,739 was invested in the Local Agency Investment Fund, an investment pool maintained by the State Treasurer. Restricted Cash Equivalents and Investments BICEP invests only in investments that are insured or registered, or for which the securities are held by BICEP or its agent in BICEP's name. Investments held by the Trustee at June 30, 1997, consist of: Cash equivalent-repurchase agreements and cash $ 2,324,632 U.S. Treasury and Federal agency securities 13,374,158 $15,698,790 8 BIG INDEPENDENT CITIES EXCESS POOL NOTES TO FINANCIAL STATEMENTS continued Note 2 CASH AND INVESTMENTS (continued) : Deposits and investments by governmental agencies are categorized in three classes depending upon the relative level of risk. Category 1 - Cash or investments fully insured or registered or where the securities are held by the unit or its agent in the unit's name. Category 2 - Uninsured and unregistered instruments held by the broker or advisor's trust department or an agent in the unit's name. Category 3 - Uninsured and unregistered investments held by the broker or dealer or by its trust department of by an agent but not in the unit's name. All of Bicep's cash and investments are in category 1, excepting deposits with the Local Agency Investment Fund (LAIF), which cannot be categorized. 3. UNPAID LOSSES AND LOSS ADJUSTMENT EXPENSES: The following represents changes in the unpaid losses and loss adjustment expenses for BICEP for the years ended June 30: 1997 1996 Unpaid losses and loss adjustment expenses at beginning of year $4,006,065 $4,130,971 Payments of claims reported (all events occurred in previous policy years) (183,721) (1,112,945) Increase in funding levels for previous policy years. 438,403 988,039 Total unpaid losses and loss adjustment expenses at end of year $ 4,260,747 $ 4,006L065 4. BONDS PAYABLE AND ADVANCE REFUNDING OF 1988 BOND ISSUE: In January 1989, BICEP issued Revenue Bonds Series 1988A for the purpose of acquiring working capital and to finance underwriting expenses. These bonds were outstanding until early 1996 when, as provided in the Bond Purchase Agreement Dated January 29, 1996, revenue bonds in the face amount of $12,550,000 were issued for the advance refunding of the 1988 issue. The new issue carries stated interest rates varying from 5.0 per cent to 6.5 per cent in contrast to the 8.1253 per cent average yield of the remaining outstanding bonds of the refunded issue. 9 BIG INDEPENDENT CITIES EXCESS POOL NOTES TO FINANCIAL STATEMENTS continued Note 4 BONDS PAYABLE AND ADVANCE REFUNDING OF 1988 BOND ISSUE (continued) Interest on the bonds is payable semi-annually at rates ranging from 5.0% to 6.15%. Principal maturities range from $625,000 to $1,215,000 and are due annually on March 1, from 1997 through 2009. The bonds maturing after March 1, 2004 are subject to optional early redemption on either March 1, principal and interest payment date or September 1, interest payment date, at a premium, if any, as follows: March 1, and September 1, 2004 101.0% March 1, and September 1, 2005 100.5% March 1, 2006 and thereafter 100.0% The bonds are assigned the first rights to pay principal and interest from premiums and interest income earned. Each member city is obligated to pay all premiums as assessed, except when for some reason insurance coverage is discontinued. Principal and interest payments for the succeeding five years are as follows: Year ending ' June 30 Principal Interest Total 1998 735,000 715,630 1,450,630 1999 770,000 678,880 1,448,880 2000 810,000 640,380 1,450,380 2001 850,000 597,450 1,447,450 2002 900,000 549,850 1,449,850 The accounting for the refunding, as prescribed by the Governmental Accounting Standards Board (GASB) were as though the cost of the new issue including legal and underwriting fees, refunding premiums, remaining issuance costs of the retired issue were a prospective adjustment of the interest rate to be amortized over the remaining life of the refunded issue. (The new issue is paid off in 2009, the same as the refunded issue. ) Those costs deferred are summarized as follows: Remaining unamortized cost old issue $504,214 Premium paid on refunding 370,050 Cost of issuance, new issue 372,599 1,246,863 Less amortization taken between March 1, 1996 and June 30, 1996. 31,971 Balance outstanding, June 30, 1996 to be amortized through 2009. $1,214,892 Amortization taken year ended June 30, 1997 95,339 Unamortized balance, June 30, 1997 1,119,553 Amount of annual amortization to be taken through 2009 95,339 10 BIG INDEPENDENT CITIES EBCESS. POOL NOTES TO FINANCIAL STATEMENTS continued 5. REINSURANCE: Historically BICEP has reinsured its risks under excess of loss reinsurance agreements for the purpose of limiting its maximum exposure on any one loss Or group of losses. BICEP is contingently liable for losses and loss adjustment expenses related to ceded business to the extent that its reinsurer is unable to fulfill its commitments. Management believes that its reinsurer is and will continue to be able to satisfy its obligations under the reinsurance agreement for years through June 30, 1997. During the years ended June 30, 1995, June 30, 1996 and June 30, 1997 because of substantial reductions in rates BICEP placed all of its liability coverages with private insurance carriers. This includes the $1 million to $2 million layer, which was previously retained. BICEP's liabilities for unpaid losses and loss adjustment expenses as of June 30, 1997, have been estimated net of amounts that would be recoverable from the reinsurer. For the years ended June 30, 1995, June 30, 1996 and June 30, 1997 BICEP has no direct liability having placed all of its coverages with outside carriers. 6. RELATED-PARTY TRANSACTIONS: Aon Risk Services, formerly Rollins Hudig Hall, serves as BICEP's insurance broker and brokered $2,241,557 in insurance agreements during the period ended June 30, 1997 and $2,614,551 in the year ended June 30, 1996. 7 SUBSEQUENT EVENT - PROPOSED SETTLEMENT OF A MAJOR CLAIM For several years a major unsettled claim has drawn the attention of BICEP, the reinsurer, its attorneys and the member city in which the incident occurred. As a result of negotiations between the participating parties and the claimants the matter has been settled. BICEP's share of the settlement was expected to be approximately the amount provided for. I 11 SUPPLEMENTAL INFORMATION 12 BIG INDEPENDENT CITIES EXCESS POOL CLAIMS DEVELOPMENT INFORMATION Cumulative from inception through June 30, 1997 Policy Year Ended June 30 1989 1990 1991 1992 1. Net deposit premium revenue earned and investment income $ 799,203 $2,341,824 $2,216,499 $2,125,932 2_ Other costs 338,203 1,619,824 1,359,499 1,322,932 3. Estimated incurred claims and expenses, end of policy year 543,000 778,000 857,000 803,000 4. Paid claims (cumula- tive) as of: End of policy year -- -- --one year later -- -- $ 4,736 $3,845 Two years later -- $3,640 $114,925 -- Three years later -- $28,381 $577,599 3,887 Four years later -- $28,410 636,139 1,015,020 Five years later -- -- 649,556 1,046,716 Six years later -- -- 797,804 Seven years later -- -- Eight years later -- -- 5. Re-estimated incurred claims and expenses; End of policy year 543,000 778,000 857,000 803,000 One year later 496,000 722,000 807,806 767,049 Two years later 461,000 657,391 1,004,736 10,000 Three years later 435,842 691,497 3,004,736 240,316 Four years later 352,937 33,256 3,434,720 182,038 Five years later 250,000 45,187 3,269,842 234,991 Six years later 24,895 32,362 2,263,827 Seven years later 18,181 4,413 Eight years later -- 6. Increase (decrease) in estimated incurred claims and expenses from end of policy year $(543,000) $(773,587) $1,406,827 $(568,009) The table above illustrates how BICEP's earned revenues and investment income compare to related costs of loss and other expenses assumed by BICEP as of the end of each policy year. The rows of the table are defined as follows: 1. This line shows the total of each fiscal year's earned deposit premiums and investment income, net amounts earned for purchased reinsurance. 2. This line shows each fiscal year's other operating costs including overhead and claims expense not allocable to individual claims. 3. This line shows the estimated incurred losses and allocated loss adjustment expenses as originally reported at the end of the first year in which the event that triggered coverage under the contract occurred (both paid and accrued) net of loss assumed by excess or reinsurers. 4. This line shows the cumulative amounts paid as of the end of successive years for each policy year. 5. This section of rows shows how each policy year's incurred claims and expenses increased or decreased as of the end of successive years. This annual re-estimation results from new information received on known claims, re-evaluation of existing information on known claims, as well as emergence of new claims not previously known. 6. This line compared the latest re-estimated incurred claims and expenses amount to the amount originally established (line 3) and shows whether this latest estimate of claims and expenses costs are greater or less than originally thought. As data for individual policy years mature, the correlation between original estimates and re-estimated accounts is commonly used to evaluate this accuracy of incurred claims and expenses currently recognized in less mature policy years. 13 Policy Year Ended June 30 1993 1994 1995 1996 1997 $2,317,408 $2,513,490 $1,941,159 $1,776,903 $1,916,360 1,705,829 1,717,915 1,715,043 1,190,895 1,6501761 886,906 1,035,407 -- -- -- -- -- -- 56 3,488 -- -- 91,785 100 -- -- -- 92,322 3,285 886,906 1,035,407 -- -- -- 10,000 767,244 -- -- 711,287 809,059 -- 455,341 1,231,328 100,884 -- ($486,022) $195,921 -- RCA ROUTING S% EET INITIATING DEPARTMENT: CITY CLERK'S OFFICE SUBJECT: BICEP COUNCIL MEETING DATE: April 6, 1998 �� RCA �►T�TACHM.ENTS `��� �,��� _� �� STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attomey) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attomey) Not Applicable Certificates of Insurance (Approved by the City Attomey) Attached Financial Impact Statement (Unbudget, over $5,000) Attached Bonds (If applicable) Attached Staff Report (If applicable) Attached Commission, Board or Committee Report (If applicable) Attached Findings/Conditions for Approval and/or Denial Attached � EXP TIO.N FOR MISSING ATTACHMENTS 3 LANAI b _` - z �_REVIEWED� y RETURNEDFOR_ s FE-D .Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) �EXPLNATI:ONFOR�RETU:RN OF- Ill (Below Space For City Clerk's Use Only) RCA Author: Connie Brockway CITY OF HUNTINGTON BEAC MEETING DATE: May 5, 1997 DEPARTMENT ID NUMBER: CK 97-001 Council/Agency Meeting Held: .5,Z!Z 97 /�o'?o Deferred/Continued to: 0-A'p roved ❑ Conditionally Approved ❑ Denied Ate• Gity Clerk's Signature Council Meeting Date: May 5, 1997 Department ID Number: CK 97-001 CITY OF HUNTINMON BEACH s REQUEST FOR COUNCIL ACTION O c;-im SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS — C`""' r i�T n N = =o SUBMITTED BY: CONNIE BROCKWAY, CITY CLERK CS m LAO r PREPARED BY: CONNIE BROCKWAY, CITY CLERK C.6 ' j SUBJECT: Big Independent Cities Excess Pool (BICEP) Financial Statements & Independent Auditor's Report [statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environ 1 Status,Attachment(s) Statement of Issue: The BICEP Joint Powers Agreement between the BICEP member cities requires the Big Independent Cities Excess Pool (BICEP) Financial Statements and Supplementary Information With Independent Auditors Report to be filed as a Public Record with each of the BICEP member cities. The report includes Independent Auditors Report, Balance Sheets, Statements of Revenue and Expenses, and changes in Fund Balances, Statements of Cash Flows, Notes to Financial Statements, and Claims Development Information from Inception to June 30, 1996. Funding Source: Not applicable. Recommended Action: Motion: Receive and File the Big Independent Cities Excess Pool (BICEP) Financial Statements and Supplementary Information With Independent Auditor's Report for the year ended June 30, 1996 and June 30 1995. Alternative Action(s): If Council has questions regarding this report, Council may wish to defer Receiving and Filing to a future meeting. Analysis: The BICEP Agreement between cities requires this report to be filed as a public record. In order for the City Clerk to make a report, audit or any other material a public record in the City Clerk's Office, it must have first been seen, reviewed and accepted by the f City Council sitting as a legislative body. The material then becomes a part of the official CK97001.DOC 04/23/97 2:14 PM AUTHOR:Carrol Gibbons kc-QUEST FOR COUNCIL ACTIuIN MEETING DATE: May 5, 1997 DEPARTMENT ID NUMBER: CK 97-001 Analysis (Continued) Council minutes and official files of which the Council and public are aware and able to access as a public record. Environmental Status: Not applicable. Attachment(s): NumberCity Clerk's Page 1. Communication from Gregory Spiker, ARM, BICEP General Manager Ken Spiker and Associates, Inc. 2. BICEP Report &Audit and Attachments CK97001.DOC 04/23/97 2:14 PM AUTHOR:Carrol Gibbons —2— BIG INDEPENDENT CITIES EXCESS POOL JOINT POWERS AUTHORITY c/o General Manager, Ken Spiker And Associates, Inc. 14156 Magnolia Blvd., Suite 103 Sherman Oaks, California 91423 (818) 788-0406 FAX No. (818) 784-1187 April 16, 1997 s "o Ms. Connie Brockway, City Clerk t' City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Dear Ms. Brockway: Enclosed please find a copy of the June 30, 1996, Big Independent Cities Excess Pool (BICEP) Financial Statements and Supplementary. Information With Independent Auditor's Report for the years ended June 30, 1996, and 1995. The BICEP Joint Powers Agreement requires the report to be filed as a public record with each of the BICEP Member Cities. Please place the report in the appropriate file in your office. Thank you for your cooperation. Sincerely, Gregory J. Spiker, ARM BICEP General Manager Ken Spiker And Associates, Inc. GJS:sI Enclosure REWEST FOR CITY COUNCIL AuTION MEETING DATE: November 3, 2003 DEPARTMENT ID NUMBER: CK2003-9 Analysis: The BICEP Agreement between cities requires this report to be filed as a public record. In order for the City Council to make a report, audit or any other material a public record in the City Clerk's Office, it must have first been presented to the City Council sitting as a legislative body. The material then becomes a part of the official Council minutes and official files of which the Council and public are aware and able to access as a public record. Environmental Status: Not Applicable Attachment(s): City Clerk's Page Number No. Description 1. Communication dated August 13, 2003 from Gregory Spiker, ARM, BICEP General Manager, Ken Spiker and Associates, Inc. 2. BICEP Report &Audit and Attachments RCA Author: Brockway,X5404 GARCA'S\2003RMCK2003-9 BICEP.doc -3- 10/10/2003 4:42 PM ' S J��jt'r4 tk�1�1�A'•'i/i7 BIG INDEPENDENT CITIES EXCESS POOL JOINT POWERS AUTHORITY Ah- c/o General Manager, Ken Spiker And Associates, Inc. 1100 South Flower Street, Suite 2100 Los Angeles, California 90015-2115 • (213) 748-0066 • FAX No. (213) 748-6101 August 13, 2003 City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 RE: Big Independent Cities Excess Pool Joint Powers Authority (BICEP) Financial Statements and Supplementary Information with Independent Auditor's Report June 30, 2002 and 2001 Enclosed please find a copy of the above-referenced report. The BICEP Joint Powers Agreement requires the report to be filed as a public record with your office. Please place the report in the appropriate file in your office. Thank you for your cooperation. Sincerely, Greg ry J. iI A M WK BICEP General Manager Ken Spiker And Associates, Inc. GKS/tmck Enclosure ATTACHMENT 2 BIG INDEPENDENT CITIES EXCESS POOL FINANCIAL STATEMENTS AND SUPPLEMENTARY INFORMATION WITH INDEPENDENT AUDITOR'S REPORT JUNE 30, 2002 and 2001 •� 4 l BIG INDEPENDENT CITIES EXCESS POOL Table of Contents Pace Financial Statements: Independent Auditor's Report 1 Balance Sheets 2 Statements of Operations and Changes in Retained Earnings 3 Statements of Cash Flows 4 Notes to Financial Statements 6 Supplementary Information Claims Development Information From 1993 to June 30, 2002. Required Supplementary Information 13 EDWARDS, EICHEL & BERANEK CERTIFIED PUBLIC ACCOUNTANTS INDEPENDENT AUDITOR'S REPORT The Board of Directors Big Independent Cities Excess Pool We have audited the accompanying balance sheets of the Big Independent Cities Excess Pool (BICEP) at June 30, 2002, and 2001 and the related statements of operations and changes in retained earnings and cash flows for the years then ended. These financial statements are the responsibility of BICEP's management. Our responsibility is to express an opinion on these financial statements based on our audits. We conducted our audits in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audits to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. In our opinion, the 2002 and 2001 financial statements referred to above present fairly, in all material respects, the financial position of the Big Independent Cities Excess Pool at June 30, 2002 and 2001, and the results of its operations and its cash flows for the years then ended in conformity with accounting principles generally accepted in the United States of America. BICEP has ten years of historical data for use in its estimates of incurred but not reported claims and the corresponding premium adjustments. Although BICEP considers its experience and industry data in determining such amounts, assertions and projections as to future events are necessary and ultimate losses may be higher or lower than amounts projected. The comparative schedule of Claim Development, on pages 14 and 15 is not a required part of the basic financial statements but is supplementary information required by the Governmental Accounting Standards Board. We have applied certain limited procedures, which consisted principally of inquiries of management regarding . the methods of measurement and presentation of the supplementary information. However, we did not audit the information and express no opinion on it. n A &AA*%W6 F J► Pasadena, California Edwards, Eichel & Beranek Certified Public Accountants 650 SIERRA MADRE VILLA AVENUE SUITE#202 PAS.ADENA,CALIFORNIA 91 107-2067 626/351-3800 FAx 626,'351-3804 WEBSITE www.eebcpas.com BIG INDEPENDENT CITIES EXCESS POOL BALANCE SHEET June 30, 2002 and 2001 ASSETS 2002 2001 Cash and cash equivalents, unrestricted $ 29,855 $ 64,689 Restricted cash equivalents 512,205 86,209 Total cash and cash equivalents (Notes 2 and 5) 542,060 150,898 Investments, at market (Note 2) 14,867,023 13,831,004 Accrued interest receivable 253,496 269,208 Accounts receivable -- 13,900 Prepaid expense -- 1,361 Total assets $15,662,579 $14,266,371 LIABILITIES AND RETAINED EARNINGS Liabilities: Accounts payable $ 20,835 $ 64,887 Unpaid losses and loss adjustment expenses (Note 3) 2,107,308 612,796 Bonds payable (Note 4) 7,860,000 8,760,000 Less-unamortized issuance cost 659,835 755,174 7,200,165 8,004,826 Accrued interest payable 166,338 183,759 Estimated future premium adjustments (Note 5) 6,167,933 5,400,103 Total liabilities 15,662,579 14,266,371 Retained earnings -- -- Total liabilities and retained earnings $15,662,579 $14,266,371 The accompanying notes are an integral part of these financial statements. 2 BIG INDEPENDENT CITIES EXCESS POOL NOTES TO FINANCIAL STATEMENTS continued Note 2. CASH AND INVESTMENTS (continued) : Cash and Cash Equivalents, Unrestricted At June 30, 2002, the net carrying amount and deposit balance was $29,855, of which $19,565 was invested in the Local Agency Investment Fund, an investment pool maintained by the State Treasurer. At June 30, 2001, the net carrying amount and deposit balance was $64,689 of which $60,538 was invested in the Local Agency Investment Fund, an investment pool maintained by the State Treasurer. Restricted Cash Equivalents and Investments BICEP invests only in investments that are insured or registered, or for which the securities are held by BICEP or its agent in BICEP's name. Investments held by the Trustee consist of: Cash equivalent-repurchase agreements 2002 2001 and cash $ 512,205 $ 86,209 U.S. Treasury and Federal agency securities 14,667,023 13,831,004 $15,379,228 $13,917,213 Deposits and investments by governmental agencies are categorized in three classes depending upon the relative level of risk. Category 1 - Cash or investments fully insured or registered or where the securities are held by the unit or its agent in the unit's name. Category 2 - Uninsured and unregistered instruments held by the broker or advisor's trust department or an agent in the unit's name. Category 3 - Uninsured and unregistered investments held by the broker or dealer or by its trust department of by an agent but not in the unit's name. All of Bicep's cash and investments are in category 1, excepting deposits with the Local Agency Investment Fund (LAIF) , which cannot be categorized. Note 3. UNPAID LOSSES AND LOSS ADJUSTMENT EXPENSES: The following represents changes in the unpaid losses and loss adjustment expenses for BICEP for the years ended June 30: 2002 2001 Unpaid losses and loss adjustment expenses' at beginning of year $ 612,796 $828,023 Payments of claims reported (all events occurred in previous policy years) (19,790) (8,786) 9 BIG INDEPENDENT CITIES EXCESS POOL NOTES TO FINANCIAL STATEMENTS continued Note 3. UNPAID LOSSES AND LOSS ADJUSTMENT EXPENSES (continued) : Increase (decrease) in funding levels 1,514,302 (206,441) Total unpaid losses and loss adjustment expenses at end of year $ 2,107,308 $ 612,796 Note 4. BONDS PAYABLE AND ADVANCE REFUNDING OF 1988 BOND ISSUE: In January 1989, BICEP issued Revenue Bonds Series 1988A for the purpose of acquiring working capital and to finance underwriting expenses. These bonds were outstanding until early 1996 when, as provided in the Bond Purchase Agreement Dated January 29, 1996, revenue bonds in the face amount of $12,550,000 were issued for the advance refunding of the 1988 issue. The new issue carries stated interest rates varying from 5.0 per cent to 6.5 per cent in contrast to the 8.1253 per cent average yield of the remaining outstanding bonds of the refunded issue. Interest on the 1996 bonds is payable semi-annually at rates ranging from 5.0% to 6.15%. Principal maturities range from $625,000 to $1,215,000 and are due annually on March 1, from 1997 through 2009. The bonds maturing after March 1, 2004 are subject to optional early redemption on either March 1, principal and interest payment date, or September 1, interest payment date, at a premium,. if any, as follows: March 1, and September 1, 2004 101.0% March 1, and September 1, 2005 100.5% March 1, 2006 and thereafter 100.0% The bonds are assigned the first rights to pay principal and interest from premiums and interest income earned. Each member city is obligated to pay all premiums as assessed, except when for some reason insurance coverage is discontinued. Principal and interest payments for the succeeding five years are as follows: Year ending June 30 Principal Interest Total 2003 $ 950,000 $ 497,650 $ 1,447,650 2004 1,005,000 440,650 1,445,650 2005 1,070,000 379,345 1,449,345 2006 1,135,000 311,875 1,446,875 2007 1,205,000 239,235 1,444,235 2008 and 2009 $2,495,000 S 241,030 S 2,736,030 $7,8�60,O000 $2,1� $ 9,969,785 10 BIG INDEPENDENT CITIES EXCESS POOL NOTES TO FINANCIAL STATEMENTS continued Note 4. BONDS PAYABLE AND ADVANCED REFUNDING OF 1988 BOND ISSUE (continued) : The accounting for the refunding, as prescribed by the Governmental Accounting Standards Board (GASB) were as though the cost of the new issue including legal and underwriting fees, refunding premiums, remaining issuance costs of the retired issue were a prospective adjustment of the interest rate to be amortized over the remaining life of the refunded issue. (The new issue is paid off in 2009, the same as the refunded issue. ) Those costs deferred are summarized as follows: Remaining unamortized cost old issue $ 504,214 Premium paid on refunding 370,050 Cost of issuance, new issue 372,599 1,246,863 Less amortization taken between March 1, 1996 and June 30, 1996. 31,971 Balance outstanding, June 30, 1996 to be amortized through 2009. 1,214,892 Amortization taken years ended June 30 1997 78,362 1998 through 2002 at $95,339 per year (5 years) 476,695 Amortization to date 555,057 Remaining unamortized balance S 659,835 Note S. ESTIMATED FUTURE PREMIUM ADJUSTMENTS: BICEP's accounting has consistently charged or credited annually results of operations to the participant cities because as a group they are accountable for the benefits or lack thereof of the pool's operations. GASB 31 became effective for years ended June 30, 1998 with retroactive adjustment of prior years' results preferred. Review of the relationship of cost to market values of investments at July 1, 1996 indicated a minor difference between cost and market value of those investments held by the trustee ($26,568 of market value lower than cost on investments at cost of $15,649,511) . Accordingly, no adjustment was made at July 1, 1996. At June 30, 1997 market exceeded cost by $75,565 and at June 30, 1998 market exceeded cost by $172,618. At June 30, 1997 financial statements were restated as follows: Investments Estimated Future held by trustee Premium Adjustments As originally reported $13,374,164 $581,943 Market value adjustment 75,565 75,565 As restated $13,449,729 657 508 11 I BIG INDEPENDENT CITIES EXCESS POOL NOTES TO FINANCIAL STATEMENTS continued Note S. ESTIMATED FUTURE PREMIUM ADJUSTMENTS (continued) : At June 30, 2002 and June 30, 2001 investment securities are valued at market. Note 6. REINSURANCE: Historically BICEP has reinsured its risks under excess of loss reinsurance agreements for the purpose of limiting its maximum exposure on any one loss or group of losses. BICEP is contingently liable for losses and loss adjustment expenses related to ceded business to the extent that its reinsures is unable to fulfill its commitments. Management believes that its reinsures is and will continue to be able to satisfy its obligations under the reinsurance agreement for years through June 30, 2002. There have been instances in which BICEP has paid claims in excess of its layer of coverage or on ceded coverages due to special circumstances. For the years beginning in the year ended June 30, 1995, and continuing through June 30, 2000, because of substantial reductions in rates, BICEP placed all of its liability coverages with private insurance carriers. This included the $1 million to $2 million layer, which was previously retained. In years ended June 30, 2002 and 2001 BICEP shared the $1,000,000 to $2,000,000 layer with the excess carrier. BICEP's liabilities for unpaid losses and loss adjustment expenses as of June 30, 2002 and June 30, 2001, have been estimated net of amounts that would be recoverable from the reinsures. For the years ended June 30, 1995 through June 30, 2000 BICEP had no direct liability having placed all of its coverages with outside carriers, except in those rare instances that there was a reason to go beyond the coverage limitations. In years ended June 30, 2001 and 2002, as previously noted, the $1,000,000 to $2,000,000 layer was shared. Note 7. SUBSEQUENT EVENT - WITHDRAWAL OF POMONA The City of Pomona notified the Authority of its intention to withdraw effective July 1, 2003. The terms of the Operating Agreements provide for withdrawal but are in conflict with Pomona's proposal. Assuming eventual . agreement by the parties, Pomona will be credited with its share of the future premium adjustment account less allocable bonds to be retired and its share of actuarial and realized losses. Because incurred losses may take several years to evaluate, the process of withdrawal may require passage of a certain amount of time. 12 SUPPLEMENTARY INFORMATION BIG INDEPENDENT CITIES EXCESS POOL CLAIMS DEVELOPMENT INFORMATION Ten years, Calculation through June 30, 2002 Policy Year Ended June 30 1993 1994 1995 1996 1997 1. Net deposit premium revenue earned and investment income $2,317,408 $2,513,490 $1,941,159 $1,776,903 $1,916,360 2. other costs 1,705,829 1,717,915 1,715,043 1,190,895 1,650,761 3. Estimated incurred claims and expenses, end of policy year 886,906 1,035,407 -- -- -- 4. Paid claims (cumula- tive) as of: End of policy year -- -- -- --One year later -- -- -- 56 Two years later 3,488 100 -- 11,428 -- Three years later 91,785 3,285 106 1,214,988 -- Four years later 92,322 1,106,257 3,024 1,217,445 -- Five years later 92,321 1,067,076 2,589 1,221,408 2,513 Six years later -- 1,107,802 -- 1,223,769 -- Seven years later -- -- -- -- -- Eight years later -- -- -- -- -- Nine years later -- -- -- -- -- S. Re-estimated incurred claims and expenses: End of policy year 886,906 1,035,407 -- --One year later 10,000 767,244 -- --Two years later 711,287 809,059 -- -- -- Three years later 455,341 1,231,328 -- 59,562 -- Four years later 100,884 2,195,310 106 1,214,989 2,513 Five years later 131,267 2,097,417 3,024 1,221,676 -- Six years later 92,322 1,139,546 15,106 2,445,373 -- Seven years later 99,635 1,067,748 2,412 -- -- Eight years later 91,815 -- -- -- -- Nine years later -- -- -- -- -- Ten years later -- -- -- -- -- 6. Increase (decrease) in estimated incurred claims and expenses from end of policy year $(795,091) $ 32,341 $ 2,412 $2,445,373 $ -2;513 See Footnote on Page 14 13 Policy Year Ended June 30 1998 1999 2000 2001 2002 $2,016,625 $2,317,676 $2,137,519 $2,231,046 $2,180,406 1,563,652 1,656,277 1,661,874 1,671,750 1,675,939 -- -- -- -- 973,285 4,433 2,372 -- 1,354 -- -- 4,526 1,323 -- -- 5,898 -- -- -- -- -- -- -- 5,000 300,000 -- -- -- 1,354 -- -- 2,372 1,323 -- -- 10,000 752,198 -- -- -- 15,000 -- -- -- -- $ 15,000 $ 752,198 $ 1,323 $ 1,354 $ 300,000 BIG INDEPENDENT CITIES EXCESS POOL CLAIMS DEVELOPMENT INFORMATION Ten years' Calculation through June 30, 2000 Explanation of the Claims Development table on the preceding page The table on the preceding page illustrates how BICEP's earned revenues and investment income compare to related costa of loss and other expenses assumed by BICEP as of the end of each policy year. The rows of the table are defined as follows: 1. This line shows the total of each fiscal year's earned deposit premiums and investment income, net amounts earned for purchased reinsurance. 2. This line shows each fiscal year's other operating costs including overhead and claims expense not allocable to individual claims. 3. This line shows the estimated incurred losses and allocated lose adjustment expenses as originally reported at the end of the first year in which the event that triggered coverage under the contract occurred (both paid and accrued) net of loss assumed by excess or reinsurers. 4. This line shows the cumulative amounts paid as of the end of successive years for each policy year. S. This section of rows shows how each policy year's incurred claims and expenses increased or decreased as of the end of successive years. This annual re-estimation results from new information received on known claims, re-evaluation of existing information on known claims, as well as emergence of new claims not previously known. 6. This line compared the latest re-estimated incurred claims and expenses amount to the amount originally established (line 3) and shows whether this latest estimate of claims and expenses costs are greater or less than originally thought. As data for individual policy years mature, the correlation between original estimates and re-estimated accounts is commonly used to evaluate this accuracy of incurred claims and expenses currently recognized in less mature policy years. 14 12137486101 KEN SPIKER &ASSOC T-829 P-002 OCT 09 '03 11:30 III W o C o Z W -{ CD Z C-) -' W 1 O-{-<c- -0 por rn r' > c- W IV S � n SIG INDEPENDENT CITIES EXCESS POOL � D FINANCIAL STATEMENTS AND SUPPLEMENTARY INFORMATION WITH INDEPMMENT AUDITOR'S REPORT JUKE 30, 2001 and 2000 W Yrr i ' I Lri ; I Wi. 12137486101 KEN SPIKER &ASSOC T-829 P-003 OCT 09 '03 11:30 i� A BIG INDEPBNDZNT CITIES EXCESS POOL Yi Table of Contents Pave Financial Statements: Independent Auditor's Report 1 inii Balance Sheets 2 Statements of Operations and Changes in Retained Earnings 3 Statements of Cash Flaws 4 {dW Notes to Financial Statements 6 Supplementary Information is I Ind Claims Development Information From 1992 to June 30, 2001. Required Supplementary Information 13 i 4 t_ I' I� 1 11ri iI 12137486101 KEN SPIKER &ASSOC T-829 P-004 OCT 09 '03 11:30 f EDWARDS, EicHEL. & BERANEK Cr_R:rlFlCD PUBLic.AC(:UUNTANTS i INDEPENDENT AUDITOR'S REPORT The Board of Directors Big Independent Cities Excess Pool We have audited the accompanying balance sheets of the Big Independent Cities Excess Pool (BICEP) at June 30, 2001, and 2000 and the related statements of operations and changes in retained earnings and cash flows for the years then ended. These financial statements are the responsibility of BICEP's management. our responsibility is to express an opinion on these financial statements based on our audits. we conducted our audits in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audits to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a teat basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. In our opinion, the 2001 and 2000 financial statements referred to above present fairly, in all material respects, the financial position of the Big Independent Cities Excess Pool at June 30, 2001 and 2000, and the resul.Vb of its operations and its cash flows for the years then ended in conformity with accounting principles generally accepted in the United States of America. BICEP has ten years of historical data for use in its estimates of incurred but j. not reported claims and the corresponding premium adjustments. Although BICEP considers its experience and industry data in determining such amounts, assertions and projections as to future events are necessary and ultimate losses may be higher or lower than amounts projected_ The comparative schedule of Claim Development, on pages 14 and 15 is not a required part of the basic financial statements-•biit is supplementary information required by the Governmental Accounting Standards Board. We have applied certain , j limited procedures, which consisted principally of inquiries of. management regarding the methods of measurement and presentation of the supplementary information. However, we did not audit the information and express no opinion on I' it. Pasadena, California Edwards, Eichel & Beranek May 1, 2002 Certified Public Accountants Yri 650 SUERRA MAOM VILLA AvrN-Li.. SLATE 4202 PASADENA,CALIFORNIA 91107-2067 626/351-3800 FAx 626/351-3804 Wk6SITE w%v\N%cebcpas.com 12137486101 KEN SPIKER &ASSOC T-829 P-005 OCT 09 103 11:31 wi BIG INDEPENDENT CITIES EXCESS POOL w 1,131%,410= 88$ 1 June 30, 2001 au►4 2000 ASSETS 200� 000 Cash and cash equivalents, unrestricted $ 64,689 $ 55,278 N1� Restricted cash equivalents 86,209 146,425 iw t : Total cash and cash equivalents (Notes 2 and 5) 150,898 201,703 Investments, at market (Note 2) 13,831,004 12,610,663 Accrued interest receivable 269,208 245,127 Accounts receivable 13,900 -- Prepaid expense 1,361 937 Total assets $14,2� 6 13,058,430 i. sill LIABILITIES AND RETAINED EARNINGS Liabilities: Accounts payable $ 64,887 $ 41,475 el Unpaid losses and lose adjustment expenses (Note 3) 612,796 828,023 Bonds payable (Note 4) 8,760,000 91610,000 Leas-unamort•ized issuance cost 755,174 850,513 8,004,826 8,759,487 �. Accrued interest payable 183,759 199,696 Estimated future premium adjustments (Note 5) 5,4.00,103 3,229,749 k Total liabilities 14,266,371 13,058,430 Retained earnings -- -- Total liabilities and retained earnings $149266,371 1 058,430 i irr The accompanying notes are an integral part of these financial statements. 2 12137486101 KEN SPIKER &ASSOC T-829 P-006 OCT 09 '03 11:31 6i SIG INDEPENDENT CITIES EXCESS POOL 1w 9TA1'ENSN3'S OF OPERATIONS AND CHINW8 IN RETAINED EARNINGS Years eaded ,Tune 30, 2001 and 2000 ti 2001 2Q00 Revenues: Deposit premiums earned $ 2,258,706 $ 2,293,401 Estimated future premium adjustments 11,812,024) (1,157,398) 446,682 1,136,003 Expenses: Net increase (decrease) in actuarially determined unpaid losses and loss adjustment expenses(note 3) (206,441) (171,292) Purchased liability insurance and reinsurance 911,775 1,009,775 General and administrative Iexpenses 178,428 153,387 60 883,762 991,871 Excess of (deficit of) revenue over expenses, before net investment Luc ome (437,080) 144,132 Net investment income: Investment income 1,113,932 577,238 Interest expense 676,852 721,370 437,080 (144,132) i Excess of revenues over expenses -- -- Retained earnings, at beginning of year Retained earnings, at end of year -- -- 64 The accompanying notes are an integral part of these financial statements_ I. 3 12137486101 KEN SPIKER &ASSOC T-829 P-007 OCT 09 '03 11:31 i� SIG INDE 4ENDMT CITIES EXCESS POOL ski STAT.ENMTS OF CASH FLOWS Years ended June 30, 2001 and 2000 f MI 2001 2000 Cash flown from operating activities: Excess of revenues (deficit of) over expenses before net investment income $ (437,080) $ 144,132 Adjustment to reconcile excess iil• (deficiency) of revenues over expenses before net investment ; . income to net cash provided by operations: write up of investments to market (612,782) (232,493) Increase (decrease) in ldi accounts payable 23,412 19,275 Increase (decrease) in unpaid losses and loss adjustment expenses (215,227) (1,354,815) (Decrease) increase in estimated future premium adjustments payable 2,170,354 1,157,398 yew other asset changes-net (1�4) (937) ' I Net cash provided (used) by operating activities 914053 (267,440) ; i Cash flows from investing activities: Pwsi Interest received 875,991 784,935 Net change in investment portfolios re: Conversion of long-term investments to meet operating needs 2000, .purchases of long-term investments 2001 (441,299) 320,862 Net cash provided by (used. for investing activities) 434,692 1,105.797 I, Continued on page 5 4 12137486101 KEN SPIKER &ASSOC T-829 P-008 OCT 09 '03 11:32 6i 510 INDEPENDENT CITIES EXCESS POOL STA2394M OF CASH FLOWS June 30, 2001 and 2000 (continued) pil Cash flows from noncapital financing 2001 2000 activities: Interest paid 549,850 640,380 Ili1(, Principal payments 1996 bonds 850,000 810,000 Net cash (used) in noncapital financing activities (1.399.850) (1,450,,380) Net increase (decrease) in cash and 0 cash equivalents (50,805) (612,023) cash and cash equivalents at beginning of year 201,703 $13,726 cash and cash equivalents at end of year 150,89.8 $ 201,703_ wwi ; i �.i .r 6i i r, The accompanying notes are an integral part of these financial statements. irr r S 12137486101 KEN SPIKER &ASSOC T-829 P-009 OCT 09 '03 11:32 SIG INDEPENDENT CITIES EXCESS POOL MOTES TO FINANCIAL 8TATZNZM'1'S June 30, 3000 and 1999 Note 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES: Organization and fterationa Wri Big Independent Cities Excess Pool (BICEP) was created effective September 23, 1988, by a joint powers agreement among five cities organized and operating under the laws of the State of California. BICEP is organized pursuant to the provisions of the California Government Code for the purpose of providing joint insurance coverage and related risk-management services for member cities. The extension of joint insurance coverage to member cities began October 1, 1988. BICEP's liability program has offered a combination of pooled and commercially purchased public auto and general liability coverages, plus errors and omissions coverage, for losses in excess of the member cities, specified self-insurance retention levels of one million dollars. Individual and aggregate claims in excess of specified levels are covered by excess insurance policies purchased from commercial insurance carriers which, combined with the program's self-funded layers, offer a total of $25 million in coverage limits. Additionally, through its broker, AON Risk Services, it enables its members to purchase property and worker's compensation insurance as a group. BICEP is a nonprofit California public agency; thus, it is tax-exempt. It is also considered a "Special District" by the Office of the State Controller, Division of Local Government Fiscal Affairs, for the purpose of filing an Annual Report of Financial Transactions of special Districts. Basin of Accounting The accounting records of BICEP are maintained on the accrual basis of accounting. { Bond Issuance Costs Bond issuance costs are amortized over the life of the bond issue using the straight line method. In 1996 due, in part, to more advantageous interest rates, the 1988 bond issue was retired and new bonds were issued carrying substantially lower interest rates. cost of issuance expense and the premium paid on retirement are being amortized over the remaining life of the original issue. See note 4 for further explanation. Cash and Cash .Equivaients BICEP considers money market funds and all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivalents. Restricted Cash i irr Restricted cash represents funds held in trust for payment of bond principal and interest, future debt service, and claims payment. 6 12137486101 KEN SPIKER BASSOC T-829 P-010 OCT 09 '03 11:33 i BIG ZINDEPENDENT CITIES EXCESS POOL NOTES TO FINANCIAL BMTENRIMS continueQ Note 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued): Rebatable_Arbitrage Earnings Rebatable arbitrage earnings represents the excess of the amount earned on all cash equivalents and investments over the amount which would have been earned if such cash equivalents and investments were invested at a rate equal to the bond yield for activity through January 1, 1995. This excess is subject to change due to bond and investment activity occurring after January 1, 1995. as of the report date there have not been any rebates nor is it anticipated there will be. De»osi Premium Revenue Premiums are recognized as earned over the periods covered by the policies. Under the terms of the Liability Risk Coverage Agreement, between BICEP and its member cities, premium adjustments resulting in additional premium assessments or refunds were to commence in February 1992, covering the experience of BICEP frctn inception. Estimates of such adjustments are recorded in the financial statements annually as estimated future premium adjustments. Premium adjustments are subject to change as the ultimate coat of claims becomes known, investment income and expenses are realized, and BICEP's costs are allocated to each Policy Year. UnpAU Losses and Loss Adjustment Expenses Estimated unpaid losses and lose adjustment expenses include an amount for losses incurred but not reported. These estimates have been discounted to their present value. Liabilities are based on the estimated ultimate cost of settling the claims, including the effects of inflation and other societal and economic factors. The previously noted claims and ultimate recoveries will be deducted from .the gross amount of unpaid losses. Claims which have been incurred but not reported to the claims administrator at June 30, 2001 have been .estimated through an independent actuarial analysis based on loss development experience of DICEP and the member cities and available. industry loss development data. BICEP's recognition of losses incurred but not reported is in conformity with Government Accounting Standards Board (GASH 10), Accounting and Financial Reporting for Risk Financing and Related Insurance Issues and the Risk Finance Omnibus (GASH 30) and'the American Institute of Certified Public Accountants (AICPA) Statement of position 94-5. i. At irregular intervals losses have occurred that fell either outside the usual insured layer by the authority or outside the assumed coverages of the excess carrier. In isolated instances BICEP has accepted claims liability along with the insurance carrier and the city of the occurrence. �+ In previous years there was a claim against a city involving due process in a condemnation action, more recently a situation occurred in which one police officer shot and killed another during a drug raid, a third such situation has occurred during the current year. 7 12137486101 KEN SPIKER &ASSOC T-829 P-011 OCT 09 '03 11:33 BIB INDEPENDENT CITIBS EXCESS POOL NOTES TO FINANCIAL STAT1*MMS continued Note 1. SUMMARY OF SIGNIPICANT ACCOtINTING POLICIES (continued): Use of RstLmatss 0W Certain assets and liabilities are not subject to precise determination. specifically, unpaid loss and lose adjustment expense must be estimated. Those losses that have occurred and not been reported can only be estimated by actuarial methods.. Since year ended June 30, 1995 the $1,000,000 to $2,000,000 loss layer originally carried by BICEP has been insured by outside carriers, reducing both the premiums and the risks to the participating cities. Those losses in the $1,000,000 to $2,000,000 layer prior to July 1, 1994 generally have been reported but there is always the possibility of ultimate cost exceeding original estimates. Additionally, as noted previously, there can be the risk of denial of coverage in borderline circumstances. IIIIY - Valuation of Investments j0 Investments prior to year ended June 30, 1998 were recorded at cost. Those investment securities are now valued at market as required by Governmental Accounting standards Board (GASB 31), resulting in restatement of carrying values of investments and changes in previously reported investment income prior to year ended June 30, 1998. The cumulative effects of these adjustments are reflected in the Estimated Future Premium Adjustments to ,pool participants. see note 5 for further explanation. Note 2. CASH AND INVESTMENTS under provisions of the California Government code (code), BICEP is authorized to invest in: • A variety of federal and state treasury obligations (including local California agencies) Obligations or other instruments of or issued by a federal agency or government sponsored enterprise • Bankers, acceptances which are eligible for purchase by the federal reserve system (subject to certain limitations) • Prime quality commercial paper (subject to certain limitations) Negotiable certificates of deposit issued by nationally or state chartered banks, savings and loan associates and credit unions Repurchase agreements or reverse repurchase agreements of any securities .authorized by the code 6W 5 Y 12137486101 KEN SPIKER &ASSOC T-829 P-012 OCT 09 '03 11:34 SIG I3DEPZ1W=T CITIM EXCESS POOL nows To rINRUCIAL STATEMENTS continued Note 2. CASH AND INVESTMENTS (continued): Cash and cash Eggiva] nts. Unrestricted At June 30, 2001, the net carrying amount and deposit balance was $64,689, of which $60,538 was invested in the Local Agency Investment Fund, an investment pool maintained by the State Treasurer. At.June 30, 2000, the net carrying amount and deposit balance was $55,278 of which $44,418 was invested in the Local Agency Investment Fund, an investment pool maintained by the State Treasurer. Restricted Cash Equivalents $Dd_ Investments BICEP invests only in investments that are insured or registered, or for which the securities are held by BICEP or its agent in BICEP's name. Investments held by the, Trustee consist of: cash equivalent-repurchase agreements 2001 2000 and cash $ 86,209 $ 146,125 + U.S. Treasury and Federal agency securities 13,831,004 12,610,663 513.917,213 51267566788 Deposits and investments by governmental agencies are categorized in three classes depending upon the relative level of risk. Category 1 - Cash or investments fully insured or registered or where the securities are held by the unit or its agent in the unit's name. Wi category 2 -- uninsured and unregistered instruments held by the broker or advisor's trust department or an agent in the unit's name. im Category 3 - Uninsured and unregistered investments held by the broker or dealer or by its trust department of by an agent but not in the unit's name. All of Bicep's cash and investments are in category 1, excepting deposits with the Local Agency Investment Fund (LAIF), which cannot be categorized. Note 3. UNPAID LOSSES AND LOSS ADJUSTMENT EXPENSES: The following represents changes in the unpaid losses and loss adjustment expenses. for HICEP for the years ended June 301 Unpaid losses and loss adjustment expenses at j beginning of year $ 828,023 $2,281,838 L. Payments of claims reported (all events occurred in :J. previous policy years) (8,786) (1,183,524) 9 12137486101 KEN SPIKER &ASSOC T-829 P-013 OCT 09 103 11:34 BIG INABPB WZWT CITIES EXCESS POOL NOTES TO FINANCIAL STATEMENTS continued Yi Note 3. UNPAID LOSSES AND LOSS ADJUSTMENT EXPENSES (continued) : Increase (decrease) in funding levels (206,441) (270,291) Total unpaid losses and loss ry adjustment expenses at and of year $ 612,796 $ 828,023 Note 4. BONDS PAYABLE AND ADVANCE REFUNDING OF 1988 BOND ISSUE: 1W In January 1989, BICEP issued Revenue Bonds Series 1988A for the purpose of acquiring working capital and to finance underwriting expenses. These yr bonds were outstanding until early 1996 when, as provided in the Bond Purchase Agreement Dated January 29, 1996, revenue bonds in the face amount of $12,550,000 were issued for the advance refunding of the 1988 issue. The new issue carries stated interest rates varying from 5.0 per cent to 6.5 per cent in contrast to the 8.1253 per cent average yield of the remaining outstanding bonds of the refunded issue. Interest on the 1996 bonds is payable semi.-annually at rates ranging from 5.0% to 6.15%. Principal maturities range from $625,000 to $1,215,000 and are due annually on March 1, from 1997 through 2009. The bonds maturing after March 1, 2004 are subject to optional early redemption on either March 1, principal and interest payment date, or September 1, interest payment date, at a premium, if any, as follows: March 1, and September 1, 2004 101.0% March 1, and September 1, 2005 100.5% March 1, 2006 and thereafter 100.0% The bonds are assigned the first rights to pay principal and interest from premiums and interest income earned. Each member city is obligated to pay all premiums as assessed, except when for some reason insurance coverage is discontinued, Principal and interest payments for the succeeding five years are as follows: Year ending June 30 Principal Interest Total 2002 900,000 549,850 1,449,850 2003 950,000 497,650 1,447,650 2004 1,005,000 440,650 1,445,650 2005 1,070,000 379,345 1,449,345 y� 2006 1,135,000 321,875 1,446,875 after 2006 $4,550,000 S 480,445 S 5,930,445 69,61�0,_000 52.6� 5tl, � S12,269,815 ' to 12137486101 KEN SPIKER &RSSOC T-829 P-014 OCT 09 '03 11:35 RIG INDEPENDENT CITIES EXCESS POOL NOTES TO FINANCIAL STATMIENTS continued Note 4. BONDS PAYABLE AND ADVANCED REFUNDING OF 1988 BOND ISSUE (continued) : YI The accounting for the refunding, as prescribed by the Governmental Accounting Standards Board (LASS) were as though the cost of the new issue including legal and underwriting fees, refunding premiums, remaining issuance costs of the retired issue were a prospective adjustment of the interest rate to be amortized over the remaining life of the refunded issue. (The new issue is paid off in 2009, the same as the refunded issue.) Those costs deferred are summarized as follows: Remaining unamortized cost old issue $504,214 Premium paid on refunding 370,050 Cost of issuance, new issue 372,599 1,246,863 Less amortization taken between March 1, 1996 and June 30, 1996. 31,971 Balance outstanding, June 30, 1956 to be amortized through 2009. 1,214,892 Amortization taken years ended June 30 - 1997 78,362 1998 95,339 1999 95,339 2000 95,339 2001 - 95.3 9 Amortization to date 459,718 Remaining unamortized balance S 755,174 Note S. ESTIMATED FUTURE PREMIUM ADJUSTMENTS: Ibd BICEP•9 accounting has consistently charged or credited annually results of operations to the partiolpent cities because as a group they are accountable for the benefits or lack thereof of the pool's operations. GASH 31 became effective for years ended June 30, 1998 with retroactive adjustment of prior year's results preferred. ci Review of the relationship of cost to market values of investments at July 9:wt 1, 1996 indicated a minor difference between coat and market value of those investments held by the trustee ($26,568 of market value lower than cost on investments at cost of $15,649,511). Accordingly, no adjustment was made at July 1, 1996. At June 30, 1997 market exceeded cost by $75,565 and at June 30, 1998 market exceeded cost by $172,618. At June 30, 1997 financial statements L;r were restated as follows: Investments Estimated Future : I hold by trustee Premium Adjustments �+ As originally reported $13,374,164 $581,943 Market value adjustment 75,565 75,565 As restated 513.:449.729 57 08 �IIN11 11 12137486101 KEN SPIKER &ASSOC T-829 P-015 OCT 09 '03 11:35 BIB INDEPMMENT CITIES EXCESS POOL NOTES TO FINANCIAL STATENEMS Yi continued Note 5. ESTIMATED FUTURE PREMIUM ADJUSTMENTS (Continued): Yli At June 30, 2001 and June 30, 2000 investment securities are valued at market. Note 6. REINSURANCE: Historically BICEP has reinsured its risks under excess of loss reinsurance agreements for the purpose of limiting its maximum exposure on any one lose or group of losses. BICEP is contingently liable for losses and loss adjustment expenses related to ceded business to the extent that its reinsurer is unable to fulfill its commitments. Management believes that its reinsurer is and will continue to be able to satisfy its obligations under the reinsurance agreement for years through June 30, 2001. There have been instances in which BICEP has paid claims in excess of its layer of coverage or on ceded coverages due to special circumstances. For the years beginning in the year ended June 30, 1995, and continuing through the present year, because of substantial reductions in rates, BICEP placed all of its liability coverages with private insurance w carriers. This includes the $1 million to $2 million layer, which was previously retained. BICEP's liabilities for unpaid losses and logs adjustment expenses as of Y+ti June 30, 2001 and June 30, 2000, have been estimated net of amounts that would he recoverable from the reinsurer. For the years ended June 30, 1995, and thereafter BICEP has no direct liability having placed all of iW its coverages with outside carriers, except in those rare instances that there may be a reason to go beyond the coverage limitations. Liability premium costs are fixed through June 30, 2002. After that there may be a need again to pool the $1,000,.000 to $2,000,000 layer of liability coverage. k Y!r I bYi iLY 12 12137486101 KEN SPIKER &ASSOC T-829 P-016 OCT 09 103 11:36 `Y SUPPL ARY INFORMATION V�IV bnl 6�w' 12137486101 KEN SPIKER &ASSOC T-829 P-017 OCT 09 '03 11:36 policy Year Ended June 30 j 1997 1998 1999 2000 2001 $1,916,360 $2,016,625 $2,317,676 $2,137,519 $ 2,231,046 w: 1,650,761 1,563,652 1,656,271 . 1,661,874 1,674,750 -- 4,433 -- -- -- __ -- -- 5,000 i>rr $ 59,562 $ -- $ -- $ -- $ 5,000 biY fiiw J �.1 12137486101 KEN SPIKER &ASSOC T-929 P-018 OCT 09 '03 11:36 w SIa INDEPENDENT CITIES EXCESS POOL. Ten years' Calculation through June 30, 2000 W swi Explanation of the Claims Development table on the preceding page The table on the preceding page illustrates how BICEP's earned revenues and investment income compare to related costs of loss and other expenses assumed by BICEP as of the end of each policy year. The rows of the table are defined as follows: 1. This line shows the total of each fiscal year's earned deposit premiums and investment income, net amounts earned for purchased reinsurance. 2. This line shows each fiscal year's other operating costs including overhead and claims expense not allocable to individual claims. 3. This line shows the estimated incurred losses and allocated loss adjustment expenses as originally reported at the and of the first year in which the event that triggered coverage under the contract occurred (both paid and accrued) net of loss assumed by excess or reinsurers. 4. This line shows the cumulative amounts paid as of the end of successive years for each policy year. 5. This section of rows shows how each policy year's incurred claims and expenses increased or decreased as of the end of successive years. This annual re-estimation results from new information received on known claims, re--evaluation of existing information on known claims, as well as emergence of new claims not previously known. 6. This line compared the latest re-estimated incurred claims and expenses amount to the amount originally established (line 3) and shows whether this latest estimate of claims and expenses costs are greater or less than originally thought. As data for individual policy years mature, the correlation between original estimates and re-estimated accounts is commonly used to evaluate this accuracy of incurred claims and expenses currently recognized in less mature policy. years. i. ial .r 14 Ken Spiker And Associates, Inc. Government Consultants ■ Legislative Advocacy Attention A11 BICEP Board Members: KEN SPI KER AND A SSOCIA TES, INC. IS PLEASED TO ANNOUNCE ITS UPCOMING MOVE TO DOWNTOWN LOS ANGELES! Effective April 2, 2001 , Ken Spiker And Associates' (KSA) new offices will be located in Downtown Los Angeles, just one block from the Staples Center. Our new mailing/street address will be: 1 100 South Flower Street, Suite 2100 Los Angeles, California 90015-2115 We will be shutting down our Sherman Oaks office on Friday, March 30th. Both the phone and fax lines will be shut down that day, with service resuming on Monday, April 2nd, to the following NEW numbers: PHONE: (213) 748-0066 FAX: (213) 748-6101 As a result of this move, we expect to serve your needs more effectively in the future. We appreciate your patience during our brief transition. 14156 Magnolia Boulevard,Suite 103 ■ Sherman Oaks,California 91423-1181 ■ Telephone(818)990-6145 Fax(818)784-1187 CITY OF HUNTINGTON ACH MEETING DATE: July 17, 2000 DEPARTMENT ID NUMBER:CK2000-05 Council/Agency Meeting Held: — 1— 3 io'-7 Deferred/Continued to: A proved ❑ Conditionally Approved ElDenied W", it Cur , Signature LY Council Meeting Date: July 17, 2000 Department.ID Number: CK2000-05 CITY OF HUNTINGTON. BEACH _C REQUEST FOR ACTION a r - SUBMITTED TO: HONORABLE AND CITY COUNCILMEMBERS = `✓�!�1r r. SUBMITTED BY: CONNIE BROCKWAY, CITY CLERK Jl PREPARED BY: CONNIE BROCKWAY, CITY CLERK d►(3 cj SUBJECT: RECEIVE & FILE BIG INDEPENDENT CITIES EXCESS POOL (BICEP) FINANCIAL STATEMENTS & INDEPENDENT AUDITOR'S REPORT - JUNE 30, 1999 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The BICEP Joint Powers Agreement between the BICEP member cities requires the Big Independent Cities Excess Pool (BICEP) Financial Statements and Supplementary Information With Independent Auditors Report to be filed as a Public Record with each of the BICEP member cities. The report includes Independent Auditors Report, Balance Sheet, Statements of Operations, Changes in Retained Earnings, Statements of Cash Flows, Notes to Financial Statements,.and Claims Development Information from inception to June 30, 1999. Funding Source: Not Applicable Recommended Action: Motion: Receive and File the Big Independent Cities Excess Pool (BICEP) Financial Statements and Supplementary Information With Independent Auditor's Report for the years ended June 30, 1999 and June 30, 199& Alternative Action(s): If Council has questions regarding this report, Council may defer Receiving and Filing to a future meeting. CJ ck2000-05 -2- .07/05/00 12:27 PM f 1 REQUEST FOR ACTION MEETING DATE: July 17, 2000 DEPARTMENT ID NUMBER:CK2000-05 Analysis: The BICEP Agreement between cities requires this report to be filed as a public record. In order for the City Council to make a report, audit or any other material a public record in the City Clerk's Office, it must have first been seen, reviewed and accepted by the City Council sitting as a legislative body. The material then becomes a part of the official Council minutes and official files of which the Council and public are aware and able to access as a public record. Environmental Status: Not Applicable Attachment(s): City Clerk's Page Number No. Description 1. Communication dated May 1, 2000 from Gregory Spiker, ARM, BICEP General Manager, Ken Spiker and Associates, Inc. 2. BICEP Report&Audit and Attachments RCA Author: Connie Brockway ck2000-05 -3- 07/05/00 12:27 PM ATTACHMENT 1 3io . �5 BIG INDEPENDENT CITIES EXCESS POOL JOINT.--P;OWE=R:S, AUTHORITY c/o General Manager, Ken Spiker And Associates, Inc. 14156 Magn'o'►ip Blvd Suite 103 l :A Sherman Oaks, California 91423 (818) 78$ 0.4.06 FAX No. (818) 784-1187 1t�Ju lilt� -`1 jX May 1, 2000 Ms. Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Dear Ms. Brockway: Enclosed please find a copy of the June 30, 1999, Big Independent Cities Excess Pool (BICEP) Financial Statements and Supplementary Information With Independent Auditor's Report for the years ended June 30, 1999, and 1998. The BICEP Joint Powers Agreement requires the report to be filed as a public record with each of the BICEP Member Cities. Please place the report in the appropriate file in your office. Thank you for your cooperation. Sincerely, Gregory J. Spi e , ARM BICEP General Manager Ken Spiker And Associates, Inc. GJS:sI Enclosure ATTACHMENT 2 i i i 1 �1 i 1 BIG INDEPENDENT CITIES EXCESS POOL 1 FINANCIAL STATEMENTS AND SUPPLEMENTARY INFORMATION WITH INDEPENDENT AUDITOR'S REPORT JUNE 30, 1999 and 1998 1 1 1 1 1 1 1 1 1 BIG INDEPENDENT CITIES EXCESS POOL 1 Table of Contents Page Financial Statements: Independent Auditor's Report 1 Balance Sheets 2 Statements of Operations and ' Changes in Retained Earnings 3 Statements of Cash Flows 4 Notes to Financial Statements 6 Supplementary Information ' Claims Development Information From Inception to June 30, 1999. Required Supplementary Information 14 EDWARDS, EICHEL & BERANEK CDR'fIFIID PUBLIC AccoUNTANTS ' INDEPENDENT AUDITOR'S REPORT The Board of Directors Big Independent Cities Excess Pool We have audited the accompanying balance sheets of the Big Independent Cities Excess Pool (BICEP) at June 30, 1999, and 1998 and the related statements of operations and changes in retained earnings and cash flows for the years then ended. These financial statements are the responsibility of BICEP's management. Our responsibility is to express an opinion on these financial statements based ' on our audits. We conducted our audits in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audits .to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. In our opinion, the 1999 and 1998 financial statements referred to above present fairly, in all material respects, the financial position of the Big Independent Cities Excess Pool at June 30, 1999 and 1998, and the results of its operations and its cash flows for the years then ended in conformity with generally accepted accounting principles. BICEP has ten years of historical data for use in its estimates of incurred but not reported claims and the corresponding premium adjustments. Although BICEP considers its experience and industry data in determining such amounts, assertions and projections as to future events are necessary and ultimate losses may be higher or lower than amounts projected. The comparative schedule of Claim Development, on pages 13 and 14 is not a required part of the basic financial statements but is supplementary information required by the Governmental Accounting Standards Board. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the supplementary information. However, we did not audit the information and express no opinion on ' it. ' Pasadena, California Edwards, Pichel & Beranek December 2, 1999 Certified Public Accountants 1 468 N.ROsi-.mFAU BoULEVARU SUITE#100 PASADENA.CALIFORNIA 91 107-3059 626/351-3800 ' FAx 626/351-3804 E-1\ Aii-76064.23CCompuserve.com ' BIG INDEPENDENT CITIES EXCESS POOL BALANCE SHEET June 30, 1999 and June 30, 1998 ASSETS ' 1999 1998 Cash and cash equivalents, ' unrestricted $ 43,116 $ 37,319 Restricted cash equivalents 770,610 1,928,089 iTotal cash and cash equivalents (Notes 2 and 5) 813,726 1,965,408 Investments, at market (Note 2) 12,931,525 11,300,126 Accrued interest receivable 220,331 191,351 ' Total assets $13,965,582 $13,456,885 1 LIABILITIES AND RETAINED EARNINGS Liabilities: ' Accounts payable $ 22,200 $ 12,781 Unpaid losses and loss adjustment expenses (Note 3) 2,182,838 1,105,931 tBonds payable (Note 4) 10,420,000 11,190,000 Less-unamortized issuance cost j 945,852) j 1,041,191) ' 9,474,148 10,148,809 Accrued interest payable 214,045 226,913 Estimated future premium ' adjustments (Note 5) 2,072,351 1,962,451 Total liabilities 13,965,582 13,456,885 Retained earnings -- -- Total liabilities and retained earnings $13,965,582 $13,456,885 The accompanying notes are an integral part of these financial statements. ' 2 1 ' BIG INDEPENDENT CITIES EXCESS POOL STATEWENTS OF OPERATIONS AND CHANGES IN RETAINED EARNINGS Years ended June 30, 1999 and June 30, 1998 t1999 1998 Revenues: ' Deposit premiums earned $ 2,444,808 $ 2,292,204 Premium refunds 6,895 Estimated future premium adjustments ( 306,607) (1,287,966) 2,138,201 1,011,133 ' Expenses: Net increase in actuarially ' determined unpaid losses and loss adjustment expenses(note 3) 1,089,238 34,586 Purchased liability insurance and reinsurance 990,314 1,069,794 General and administrative expenses 168,236 166,841 ' 2,247,788 1,271,221 Excess (deficiency) of revenue over expenses, ' before net investment income (109,587) (260,088) ' Net investment income: Investment income 870,938 1,058,773 Interest expense (761,351) (798,685) 109,587 260,088 Excess of revenues ' over expenses -- -- Retained earnings, at beginning of year Retained earnings, at end of year $ $ ' The accompanying notes are an integral part of these financial statements. ' 3 ' BIO INDEPENDENT CITIES EXCESS POOL STATEMENTS OF CASH FLOWS Years ended June 30, 1999 and June 30, 1998 ' 1999 1998 ' Cash flows from operating activities: Excess (deficiency) of revenues over expenses before net investment income $ (109,587) $ (260,088) ' Adjustment to reconcile excess (deficiency) of revenues over expenses before net investment income to net cash provided by operations: Increase (decrease) in accounts payable 9,419 (3,240) ' Increase (decrease) in unpaid losses and loss adjustment expenses 1,076,907 (3,154,816) (Decrease) increase in estimated future premium adjustments payable 109,900 1,304,943 1 Net cash provided (used) by operating activities 1,086,639 (2,113,201) ' Cash flows from investing activities: Interest received 841,958 945,246 ' Net change in investment portfolios re: Conversion of long-term investments into cash equivalents and its reversal in 1999 (1,631,399) 2,328,015 re: Change in carrying value of investments to market(note 5) -- (75,5651 Net cash provided by (used by investing activities) (789,441) 3,197,696 Continued on page 5 ' 4 BIG INDEPENDENT CITIES EXCESS POOL ' STATEMENT OF CASE FLOWS continued 1 ' Cash flows from noncapital financing 1999 1998 activities: ' Interest paid (678,880) (732,607) Principal payments 1996 bonds (770,0001 (735,000) ' Net cash (used) in noncapital financing activities (1,448,8801 (1,467,6071 ' Net increase (decrease) in cash and cash equivalents (1,151,682) (383,112) ICash and cash equivalents at beginning of year 1,965,408 2,348,520 Cash and cash equivalents at end of year S 813,726 $ 19965,408 r i ' The accompanying notes are an integral part of these financial statements. r ' 5 BIG INDEPENDENT CITIES EXCESS POOL NOTES TO FINANCIAL STATEMENTS Note 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES: Organization and Operations ' Big Independent Cities Excess Pool (BICEP) was created effective September 23, 1988, by a joint powers ,-agreement among five cities organized and operating under the laws of the State of California. BICEP is organized pursuant to the provisions of the California Government Code for the purpose of providing joint. insurance coverage and related risk-management services for member cities. The extension of joint insurance coverage to member cities began October 1, 1988. BICEP's liability program offers a combination of pooled and commercially purchased public auto and -general liability coverages, plus errors and omissions coverage, for losses in excess of the member cities' specified ' self-insurance retention levels of one million dollars. Individual and aggregate claims in excess of specified levels are covered by excess insurance policies purchased from commercial insurance carriers which, combined with the program's self-funded layers, offer a total of $25 million in coverage limits. Additionally, through its broker AON Risk Services, it enables its members to purchase property and worker's compensation insurance as a group. ' BICEP is a nonprofit California public agency; thus, it is tax-exempt. It is also considered a "Special District" by the Office of the State ' . Controller, Division of. Local Government Fiscal Affairs, for the purpose of filing an Annual Report of Financial Transactions of Special Districts. Basis of Accounting The accounting records of BICEP are maintained on the accrual basis of accounting. Bond Issuance Costs Bond issuance costs are amortized over the life of the bond issue using ' the straight line method. In 1996 due, in part, to more advantageous interest rates, the 1988 bond issue was retired and new bonds were issued carrying substantially lower interest rates. Cost of issuance expense and the premium paid on retirement are being amortized over the remaining life of the original issue. See note 4 for further explanation. Cash and Cash Equivalents ' BICEP considers money market funds and all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivalents. ' Restricted Cash Restricted cash represents funds held in trust for payment of bond 1 principal and interest, future debt service, and claims payment. 1 ' 6 ' BIG INDEPENDENT CITIES EXCESS POOL NOTES TO FINANCIAL STATEMENTS continued ' Note 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) : Rebatable Arbitrage Earnings ' Rebatable arbitrage-earnings represents the excess of the amount earned on all cash equivalents and investments over the amount which would have been earned if such cash equivalents and investments were invested at a rate ' equal to the bond yield for activity through January 1, 1995. This excess is subject to change due to bond and investment activity occurring after January 1, 1995. As of the report date there have not been any rebates nor ' is it anticipated there will be. Deposit Premium Revenue ' Premiums are recognized as earned over the periods covered by the policies. Under the terms of the Liability Risk Coverage Agreement, between BICEP ' and its member cities, premium adjustments resulting in additional premium assessments or refunds were to commence in February 1992, covering the experience of BICEP from inception. Estimates of such adjustments are ' recorded in the financial statements annually as estimated future premium adjustments. Premium adjustments are subject to change as the ultimate cost of claims becomes known, investment income and expenses are realized, and BICEP's costs are allocated to each Policy Year. ' Unpaid Losses and Loss Adiustment Expenses Estimated unpaid losses and loss adjustment expenses include an amount for ' losses incurred but not reported. These estimates have been discounted to their present value. ' Liabilities are based on the estimated ultimate cost of settling the claims, including the effects of inflation and other societal and economic factors. The previously noted claims and ultimate recoveries will be deducted from the gross amount of unpaid losses. ' Claims which have been incurred but not reported to the claims administrator at June 30, 1999 have been estimated through an independent actuarial analysis based on loss development experience of BICEP and the member cities and available industry loss development data. BICEP's recognition of losses incurred but not reported is in conformity with Government Accounting Standards Board (GASB10), Accounting and Financial Reporting for Risk Financing and Related Insurance Issues and the Risk Finance Omnibus (GASS 30) and the American Institute of Certified Public Accountants (AICPA) Statement of position 94-5. ' At irregular intervals losses have occurred that fell either outside the usual insured layer by the authority or outside the assumed coverages of ' the excess carrier. In isolated instances BICEP has accepted claims liability along with the insurance carrier and the city of the occurrence. In previous years there was a claim against a city involving due process in a condemnation action, more recently a situation occurred in which one ' police officer shot and killed another during a drug raid. 7 ' BIG INDEPENDENT CITIES EXCESS POOL NOTES TO FINANCIAL STATEMENTS continued ' Note 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) : USE OF ESTIMATES ' Certain assets and liabilities are not subject to precise determination. Specifically, unpaid loss and loss adjustment expense must be estimated. Those losses that have occurred and not been reported can only be ' estimated by actuarial methods. Since year ended June 30, 1995 the $1,000,000 to $2,000,000 loss layer originally carried by BICEP has been insured by outside carriers, reducing both the premiums and the risks to the participating cities. Those losses in the $1,000,000 to $2,000,000 ' layer prior to July 1, 1994 generally have been reported but there is always the possibility of ultimate cost exceeding original estimates. VALUATION OF INVESTMENTS Investments prior to year ended June 30, 1998 were recorded at cost. Those investment securities are now valued at market as required by Governmental Accounting Standards Board (GASB) 31, resulting in. restatement of carrying ' values of investments and changes in previously reported investment income prior to year ended June 30, 1998. The cumulative effects of these ' adjustments are reflected in the Estimated Future Premium .Adjustments to pool participants. See note 5 for further explanation. Note 2. CASH AND INVESTMENTS ' Under provisions of the California Government Code (Code), BICEP is authorized to invest in: ' • A variety of federal and state treasury obligations (including local California agencies) • Obligations or other instruments of or issued by a federal ' agency or government sponsored enterprise • Bankers' acceptances which are eligible for purchase by the federal reserve system (subject to certain limitations) e Prime quality commercial paper (subject to certain limitations) ' • Negotiable certificates of deposit issued by nationally or state chartered banks, savings and loan associates and credit unions • Repurchase agreements or reverse repurchase agreements of any securities authorized by the Code 8 ' BIG INDEPENDENT CITIES EXCESS POOL NOTES TO FINANCIAL STATEMENTS continued ' Note 2. CASH AND INVESTMENTS (continued) : Cash and Cash Equivalents, Unrestricted ' At June 30, 1999, the net carrying amount and deposit balance was $43,116, of which $38,170 was invested in the Local Agency Investment Fund, an investment pool maintained by the State Treasurer. ' At June 30, 1998, the net carrying amount and deposit balance was $37,319 of which $32,557 was invested in the Local Agency Investment Fund, an investment pool maintained by the State Treasurer. ' Restricted Cash Equivalents and Investments ' BICEP invests only in investments that are insured or registered, or for which the securities are held by BICEP or its agent in BICEP's name. Investments held by the Trustee consist of: Cash equivalent-repurchase agreements 1999 1998 ' and cash $ 770,610 $ 1,928,089 U.S. Treasury and Federal agency securities S12,931,525 511,300,126 S13,702,135 S13,228,215 Deposits and investments by governmental agencies are categorized in three classes depending upon the relative level of risk. Category 1 - Cash or investments fully insured-or registered or where the securities are held by the unit or its agent in the ' unit's name. - Category 2 Uninsured and unregistered instruments held by the broker or advisor's trust department or an agent in the ' unit's name. Category 3 - Uninsured and unregistered investments held by the ' broker or dealer or by its trust department of by an agent but not in the unit's name. All of Bicep's cash and investments are in category 1, excepting deposits ' with the Local Agency Investment Fund (LAIF), which cannot be categorized. Note 3. UNPAID LOSSES AND LOSS ADJUSTMENT EXPENSES: ' The following represents changes in the unpaid losses and loss adjustment expenses for BICEP for the years ended June 30: 1 Unpaid losses and loss 1999 1998 adjustment expenses at beginning of year $1,105,931 $4,260,747 Payments of claims reported (all events occurred in ' previous policy years) (12,331) (3,189,402) ' 9 ' BIG INDEPENDENT CITIES EXCESS POOL NOTES TO FINANCIAL STATEMENTS continued ' Note 3. UNPAID LOSSES AND LOSS ADJUSTMENT EXPENSES (continued) : Increase in funding levels, 1998 relates to prior years, 1999 relates to current claim 1,089,238 34,586 Total unpaid losses and loss ' adjustment expenses at end of year S 2,281,838 $ 1,105,931 ' Note 4. BONDS PAYABLE AND ADVANCE REFUNDING OF 1988 BOND ISSUE: . In January 1989, BICEP issued Revenue Bonds Series 1988A for the purpose of acquiring working capital and to finance underwriting expenses. These ' bonds were outstanding until early 1996 when, as provided in the Bond Purchase Agreement Dated January 29, 1996, revenue bonds in the face amount of $12,550,000 were issued for the advance refunding of the 1988 ' issue. The new issue carries stated interest rates varying from 5.0 per cent to 6.5 per cent in contrast to the 8.1253 .per cent average yield of the remaining outstanding bonds of the refunded issue. ' Interest on the 1996 bonds is payable semi-annually at rates ranging from 5.0% to 6.15%. Principal maturities range from $625,000 to $1,215,000 and are due annually on March 1, from 1997 through 2009. The bonds maturing after March 1, 2004 are .subject to optional early redemption on either March 1, -principal and interest payment date, or September 1, interest payment date, at a premium, if any, as follows: ' March 1, and September 1, 2004 101.0% March 1, and September 1, 2005 100.5% ' March 1, 2006 and thereafter 100.0% The bonds are assigned the first rights to pay principal and interest from premiums and interest income earned. Each member city is obligated to pay ' all premiums as assessed, except when for some reason insurance coverage is discontinued. Principal and interest payments for the succeeding five years are as follows: ' Year ending June 30 Principal Interest Total ' 2000 $810,000 $640,380 $1,450,380 2001 850,000 597,450 1,447,450 2002 900,000 549,850 1,449,850 2003 950,000 497,650 1,447,650 ' 2004 1,005,000 440,650 1,445,650 ' 10 ' BIG INDEPENDENT CITIES EXCESS POOL NOTES TO FINANCIAL STATEMENTS continued ' Note 4. BONDS PAYABLE AND ADVANCED REFUNDING OF 1988 BOND ISSUE (continued): ' The accounting for the refunding, as prescribed by the Governmental Accounting Standards Board (GASB) were as though the cost of the new issue including legal and underwriting fees, refunding premiums, remaining ' issuance costs of the retired issue were a prospective adjustment of the interest rate to be amortized over the remaining life of the refunded issue. (The new issue is paid off in 2009, the same as the refunded issue. ) Those costs deferred are summarized as follows: Remaining unamortized cost old issue $504,214 ' Premium paid on refunding 370,050 Cost of issuance, new issue 372,599 1,246,863 ' Less amortization taken between March 1, 1996 and June 30, 1996. 31,971 ' Balance outstanding, June 30, 1996 to be amortized through 2009. 1,214,892 Amortization taken years ended June 30 1997 78,362 1998 95,339 1999 95,339 ' Remaining unamortized balance S 945,852 Note 5. RESTATEMENT OF AMOUNTS POTENTIALLY REFUNDABLE TO PARTICIPANT CITIES DUE TO REVALUATION OF INVESTMENTS ' BICEP's accounting has consistently charged or credited annually results of operations to the participant cities because as a group they are accountable for the benefits or lack thereof of the pool's operations. GASB 31 became effective for years ended June 30, 1998 with retroactive adjustment of prior year's results preferred. ' Review of the relationship of cost to market values of investments at July 1, 1996 indicated a minor difference between cost and market value of those investments held by the trustee ($26,568 of market value lower than ' cost on investments at cost of $15,649,511) . Accordingly, no adjustment was made at July 1, 1996. At June 30, 1997 market exceeded cost by $75,565 and at June 30, 1998 market exceeded cost by $172,618. At June 30, 1997 financial statements were restated as follows: Investments Estimated Future held by trustee Premium Adiustments As originally reported $13,374,164 $581,943 ' Market value adjustment 75,565 75,565 As restated S13,449,729 1111,508 11 BIG INDEPENDENT CITIES EXCESS POOL ' NOTES TO FINANCIAL STATEMENTS continued ' Note S. REINSTATEMENT OF AMOUNTS POTENTIALLY REFUNDABLE TO PARTICIPANT CITIES DUE TO REVALUATION OF INVESTMENTS (cont. ) At June 30, 1998 and June 30, 1999 investment securities are valued at ' market. Note 6. REINSURANCE: ' Historically BICEP has reinsured its risks under excess of loss reinsurance agreements for the purpose of limiting its maximum exposure on any one loss or group of losses. BICEP is contingently liable for ' losses and loss adjustment expenses related - to ceded business to the extent that its reinsurer is unable to fulfill its commitments. Management believes that its reinsurer is and will continue to be able to satisfy its obligations under the reinsurance agreement for years through June 30, 1999. There have been instances in which BICEP has paid claims in excess of its layer of coverage or on ceded coverages due to special circumstances. For the years beginning in the year ended June 30, 1995, and continuing through the present year, because of substantial reductions in rates, BICEP placed all of its liability coverages with private insurance carriers. This includes the $1 million to $2 million layer, which was previously retained. BICEP's liabilities for unpaid losses and -loss adjustment expenses as of June 30, 1999 and June 30, 1998, have.been estimated net of amounts that would be recoverable from the reinsurer. For the years ended June 30, ' 1995, and thereafter BICEP has no direct liability having placed all of its coverages with outside carriers, except in those rare instances that there may be a reason to go beyond the coverage limitations. ' Note 7. YEAR 2000 (Y2R) MATTERS The year 2000 issue is the result of shortcomings in many electronic data ' processing systems and other electronic equipment that may adversely affect a government's operations. BICEP basically uses "off-the shelf" software in its computer processing and uses the latest updates available. Accordingly, assuming its vendors update their software to be year 2000 compliant, BICEP will not encounter year 2000 problems in its information processing. However, its sources of funding are individual member cities and investments held in a bank trust department. These outside entities ' failure to be year 2000 compliant could impact BICEP's ability to operate. Because of the unprecedented nature of the Year 2000 issue its affects and the success of related remediation efforts will not be fully determinable until the year 2000 and thereafter. Management cannot assure that BICEP is or will be Year 2000 ready, that BICEP's remediation efforts will be successful in whole or in part, or that parties with whom BICEP does business will be year 2000 ready. ' 12 x 0 M 0 N a �a 00 BIG INDEPENDENT CITIES EXCESS POOL CLAIMS DEVELOPMENT INFORMATION ' Ten years' Calculation through June 30, 1999 Policy Year Ended June 30 1990 1991 1992 1993 1994 1. Net deposit premium revenue earned and investment income $2,341,824 $2,216,499 $2,125,932 $2,317,408 $2,513,491 4: 2. Other-costs 1,619,824 1,359,499 1,322,932 1,705,829 1,717,91 3. Estimated incurred claims and expenses, end of policy year 778,000 857,000 803,000 886,906 1,035,40� 4. Paid claims (cumula- tive) as of: End of policy year -- -- -- --one year later -- 4,736 3,845 3,488 101 Two years later 3,640 114,925 -- 91,785 3,28 Three years later 28,381 577,599 3,887 92,321 1,106,257 Four years later . 28,410 636,139 1,015,020 92,322 Five years later -- 649,556 1,046,716 92,321 1,067,07� Six years later -- 797,804 1,072,588 -- Seven years later -- 2,949,498 -- -- -- Eight years later -- -- -- -- -� Nine years later -- -- -- -- 5. Re-estimated incurred claims and expenses; End of policy year 778,000 857,000 803,000 886,906 1,03540 One year later 722,000 807,806 767,049 10,000 767:244 Two years later 657,391 1,004,736 10,000 711,287 809,059 Three years later 691,497 3,004,736 240,316 455,341 1,231,32� Four years later 33,256 3,434,720 182,038 100,884 2,195,31 Five years later 45,187 3,269,842 234,991 131,267 2,097,417 Six years later 32,362 2,263,827 1,089,648 92,322 =� Seven years later 28,410 2,949,498 1,072,588 -- Eight years later -- -- -- -- Nine years later Ten years later -- , 6. Increase (decrease) in estimated incurred claims and , expenses from end of policy year ($749,590) $2,092,498 $269,588 $(794,584) $1,062,010 1 13 ' ' Policy Year Ended June 30 1995 1996 1997 1998 1999 ' $1,941,159 $1,776,903 $1,916,360 $2,016,625 $2,317,676 1,715,043 .1,190,895 1,650,761 1,563,652 1,656,277 ' __ 56 == 4,433 11,428 106 3,024 -- ' -- 59,562 106 -- 1 $ 106 $ 59,562 -- ' BIG INDEPENDENT CITIES EXCESS POOL CLAIMS DEVELOPMENT INFORMATION Ten years' Calculation through June 30, 1999 1 ' Explanation of the Claims Development table on the preceding page The table,on. the .preceding page illustrates how BICEPIa earned revenues and investment income compare to related costs of loss and other expenses assumed by BICEP as of the ' and of each policy year. The rows of the table are defined as follows: 1. This line shows the total of each fiscal year's earned deposit premiums and investment income, net amounts earned for purchased reinsurance. 2. This line shows each fiscal year's other operating costs including overhead and claims expense not allocable to individual ' claims. 3. This line shows the estimated incurred losses and allocated loss adjustment expenses as originally reported at the end of the first year in which the event that triggered coverage under the contract occurred (both paid and accrued) net of loss assumed by excess or reinsurers. 4. This line shows the cumulative amounts ' paid as of the end of successive years for each policy year. 5. This section of rows shows how each policy year's incurred claims and expenses increased or decreased as of the end of successive years. This annual re-estimation results from new information ' received on known claims, re-evaluation of existing information on known claims, as well as emergence of new claims not previously known. 6. This line compared the latest re-estimated incurred claims and expenses amount to the amount originally established (line 3) and shows. whether this latest estimate of claims and expenses ' costs are greater or less than originally thought. As data for individual policy years mature, the correlation between original estimates and re-estimated accounts is commonly used to evaluate this accuracy of incurred claims and expenses currently recognized in less mature policy years. ' 14 RCA ROUTINGSHEET INITIATING DEPARTMENT: City Clerk's Office SUBJECT: Receive & File Big Independent Cities Excess Pool (BICEP) Financial Statements & Independent Auditor's Report- June 30, 1999 COUNCIL MEETING DATE: July 17, 2000 ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATI.ON.FOR MISSING ATTACHMENTS 'REM EWE D. . RETURNED FORWARDED; Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk .. EXPLANATION;FOR RETURN OF .ITEM SpaceOnly) RCA Author: Connie Brockway I ' i �llo /Pise 7riG in T Council/Agency Meeting Held: 3/0•-7 Deferred/Continued to: Approve ❑ Conditionally Approve ❑ enied _ 6— _ 0 0rPj)7'1 Ity Clerk's Signature Council Meeting Date: June 7, 1999 Department ID Number: CK-99003 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION J, � SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCILMEMBERSCO , SUBMITTED BY: CONNIE BROCKWAY, CITY CLERKa PREPARED BY: CONNIE BROCKWAY, CITY CLERKS z C-') SUBJECT: RECEIVE & FILE BIG INDEPENDENT CITIES EXCESS POOL � (BICEP) FINANCIAL STATEMENTS & INDEPENDENT AUDITOR'S REPORT Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The BICEP Joint Powers Agreement between the BICEP member cities requires the Big Independent Cities Excess Pool (BICEP) Financial Statements and Supplementary Information With Independent Auditors Report to be filed as a Public Record with each of the BICEP member cities. The report includes Independent Auditors Report, Balance Sheet, Statements of Operations, Changes in Retained Earnings, Statements of Cash Flows, Notes to Financial Statements, and Claims Development Information from inception to June 30, 1998. Funding Source: Not applicable Recommended Action: Motion: Receive and File the Big Independent Cities Excess Pool (BICEP) Financial Statements and Supplementary Information With Independent Auditor's Report for the years ended June 30, 1998 and June 30, 1997. Alternative Action(s): If Council has questions regarding this report, Council may defer Receiving and Filing to a future meeting. �� I I REQUEST FOR ACTION MEETING DATE: June 7, 1999 DEPARTMENT ID NUMBER: CK-99003 Analysis: The BICEP Agreement between cities requires this report to be filed as a public record. In order for the City Council to make a report, audit or any other material a public record in the City Clerk's Office, it must have first been seen, reviewed and accepted by the City Council sitting as a legislative body. The material then becomes a part of the official Council minutes and official files of which the Council and pubic are aware and able to access as a public record. Environmental Status: Not applicable Attachment(s): City Clerk's Page Number No. Description 1. Communication dated May 14, 1999 from Gregory Spiker, ARM, BICEP General Manager, Ken Spiker and Associates, Inc. 2. BICEP Report&Audit and Attachments RCA Author: Connie Brockway CK99003 -2- 05/26/99 9:57 AM ATTACHMENT 1 JI- T BIG INDEPENDENT CITIES EXCESS POOL JOINT POWERS AUTHORITY c/o General Manager, Ken Spiker And Associates, Inc. 14156 Magnolia Blvd., Suite 103 (818) 788-0406 FAX No. (818) 784-1187 Sherman Oaks, California 91423 May 14, 1999 Ms. Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Dear Ms. Brockway: Enclosed please find a copy of the June .30, 1998, Big Independent Cities Excess Pool (BICEP). Financial . .Statements and Supplementary Information With Independent Auditor's Report for the years ended June 30, 1998, and 1997. The BICEP Joint Powers Agreement requires the report to be filed as a public record with each of the BICEP Member Cities. Please place the report in the appropriate file in your office. Thank you for your cooperation. Sincerely, n n� Gregory%J. i2, ARM BICEP General Manager Ken Spiker And Associates, Inc. GJS:sI Enclosure I ATTACHMENT 2 'r BIG INDEPENDENT CITIES EXCESS POOL FINANCIAL STATEMENTS AND SUPPLEMENTARY INFORMATION WITH INDEPENDENT AUDITOR'S REPORT JUNE 30, 1998 and June 30, 1997 BIG INDEPENDENT CITIES EXCESS POOL Table of Contents Paae Financial Statements: Independent Auditor's Report 1 Balance Sheets 2 Statements of Operations and Changes in Retained Earnings for the 3 Statements of Cash Flows 4 Notes to Financial Statements 12 Supplementary Information Claims Development Information From Inception to June 30, 1998. Required Supplementary Information 13 EDWARDS, EICHEL & BERANEK CERTIFIED PUBLIC ACCOUNTANTS INDEPENDENT AUDITOR'S REPORT The Board of Directors Big Independent Cities Excess Pool We have audited the accompanying balance sheets of the Big Independent Cities Excess Pool (BICEP) at June 30, 1998, and 1997 and the related statements of operations and changes in retained earnings and cash flows for the years then ended. These financial statements are the responsibility of BICEP's management. Our responsibility is to express an opinion on these financial statements based on our audits. We conducted our audits in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audits to obtain reasonable assurance about whether the financial statements are free of material misatatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. Retroactive change was made to conform to provisions of GASB 31. Securities held by the Trustee are for the purpose of earning sufficient funds to pay for claims and to service debt. Accordingly, as June 30, 1998 and 1997 investments are shown at market and an adjustment was made to estimated premium adjustments to reflect the difference between cost and market. Those changes resulted in increase in potential premium distributions to participating cities of $102,847 for the year ended June 30, 1998 and $75,565 for the year ended June 30, 1997. In our opinion, the 1998 and 1997 financial statements referred to above present fairly, in all material respects, the financial position of the Big Independent Cities Excess Pool at June 30, 1998 and 1997, and the results of its operations and its cash flows for the years then ended in conformity with generally accepted accounting principles. BICEP has ten years of historical data for use in its estimates of incurred but not reported claims and the corresponding premium adjustments. Although BICEP considers its experience and industry data in determining such amounts, assertions and projections as to future events are necessary and ultimate losses may be higher or lower than amounts projected. The comparative schedule of Claim Development, on pages 13 and 14 is not a required part of the basic financial statements but is supplementary information required by the Governmental Accounting Standards Board. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the supplementary information. However, we did not audit the information and express no opinion on it. 1 Pasadena, California Edwards, Eichel a Beranek January 4, 1999 Certified Public Accountants 468 N.ROSEMEAD BOULEVARD SUITE#100 PASADENA,CALIFORNIA 9 1 1 07-3059 626/35 1-3800 FAx 626/35 1-3801 E-MAIL 760664.23@computierve.com BIG INDEPENDENT CITIES EXCESS POOL BALANCE SHEET June 30, 1998 and June 30, 1997 ASSETS 1998 1997 Cash and cash equivalents, unrestricted $ 37,319 $ 23,894 Restricted cash equivalents 1,928,089 2,324,626 Total cash and cash equivalents (Notes 2 and 5) 1,965,408 2,348,520 Investments, at market (Note 2) 11,300,126 13,449,729 Accrued interest receivable 191,351 180,671 Total assets $1394561885 $15,978,920 LIABILITIES AND RETAINED EARNINGS Liabilities: Accounts payable $ 12,781 $ 16,021 Unpaid losses and loss adjustment expenses (Note 3) 1,105,931 4,260,747 Bonds payable (Note 4) 11,190,000 11,925,000 Leas-unamortized issuance cost j 1,041,191) 1 1,119,553) 10,148,809 10,805,447 Accrued interest payable 226,913 239,197 Estimated future premium adjustments (Note 5) 1,962,451 657,508 Total liabilities 13,456,885 15,978,920 Retained earnings -- -- Total liabilities and retained earnings $13,456,885 $15,978,920 The accompanying notes are an integral part of these financial statements. 2 BIG INDEPENDENT CITIES EXCESS POOL STATEMENTS OF OPERATIONS AND CHANGES IN RETAINED EARNINGS Years ended June 30, 1998 and June 30, 1997 1998 1997 Revenues: Deposit premiums earned $ 2,292,204 $ 2,164,599 Premium refunds 6,895 -- Estimated future premium adjustments (1,287,966) (423,267) 1,011,133 1,741,332 Expenses: Net increase in actuarially determined unpaid losses and loss adjustment expenses(note 3) 34,586 438,403 Purchased liability insurance and reinsurance 1,069,794 1,188,666 General and administrative expenses 166,841 159,764 1,271,221 1,786,833 Excess (deficiency) of revenue over expenses, before net investment income (260,088) ( 45,501) Net investment income: Investment income 1,058,773 940,811 Interest expense (798,685) (895,310) 260,088 45,501 Excess of revenues over expenses -- -- Retained earnings, at beginning ofyear -- -- Retained earnings, at end of year $ -- $ - The accompanying notes are an integral part of these financial statements. 3 BIG INDEPENDENT CITIES EXCESS POOL STATEMENTS OF CASE FLOWS Years ended June 30, 1998 and June 30, 1997 1998 1997 Cash flows from operating activities: Excess (deficiency) of revenues over expenses before net investment income $ (260,088) $ (45,501) Adjustment to reconcile excess (deficiency) of revenues over expenses before net investment income to net cash provided by operations: Increase (decrease) in accounts payable (3,240) 1,726 Increase (decrease) in unpaid losses and loss adjustment expenses (3,154,816) 254,682 (Decrease) increase in estimated future premium adjustments payable 1,304,943 399,211 Net cash provided (used) by operating activities . (2,113,201) 610,118 Cash flows from investing activities: Interest received 945,246 958,182 Net change in investment portfolios ret Conversion of long-term investments into cash equivalents 2,328,015 2,013,643 ret Change in carrying value of investments to market(note 5) (75,5651 (75,5651 Net cash provided by investing 3,197,696 2,896,260 Continued on page 5 4 BIG INDEPENDENT CITIES EXCESS POOL STATEMENT OF CASH FLOWS continued Cash flows from noncapital financing 1998 1997 activities: Interest paid (732,607) (809,734) Principal payments 1996 bonds (735,0001 (625,0001 Net cash (used) in noncapital financing activities (1,467,607) (1,434,734) Net increase (decrease) in cash and cash equivalents (383,112) 2,071,638 Cash and cash equivalents at beginning of year 2,348,520 276,882 Cash and cash equivalents at end of year $ 1,965,408 S 2,348,520 The accompanying notes are an integral part of these financial statements. 5 BIG INDEPENDENT CITIES EXCESS POOL NOTES TO FINANCIAL STATEMENTS Note 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES: Organization and Operations Big Independent Cities Excess Pool (BICEP) was created effective September 23, 1988, by a joint powers agreement among five cities organized and operating under the laws of the State of California. BICEP is organized pursuant to the provisions of the California Government Code for the purpose of providing joint insurance coverage and related risk-management services for member cities. The extension of joint insurance coverage to member cities began October 1, 1988. BICEP's liability program offers a combination of pooled and commercially purchased public auto and general liability coverages, plus errors and omissions coverage, for losses in excess of the member cities' specified self-insurance retention levels of one million dollars. Individual and aggregate claims in excess of specified levels are covered by excess insurance policies purchased from commercial insurance carriers which, combined with the program's self-funded layers, offer a total of $25 million in coverage limits. Additionally, through its broker AON Risk Services, it enables its members to purchase property and worker's compensation insurance as a group. BICEP is a nonprofit California public agency; thus, it is tax-exempt. It is also considered a "Special District" by the office of the State Controller, Division of Local Government Fiscal Affairs, for the purpose of filing an Annual Report of Financial Transactions of Special Districts. Basis of Accounting The accounting records of BICEP are maintained on the accrual basis of accounting. Bond Issuance Costs Bond issuance costs are amortized over the life of the bond issue using the straight line method. In 1996 due, in part, to more advantageous interest rates, the 1988 bond issue was retired and new bonds were issued carrying substantially lower interest rates. Cost of issuance expense and the premium paid on retirement are being amortized over the remaining life of the original issue. See note 4 for further explanation. Cash and Cash Eguivalents BICEP considers money market funds and all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivalents. Restricted Cash Restricted cash represents funds held in trust for payment of bond principal and interest, future debt service, and claims payment. 6 BIG INDEPENDENT CITIES EXCESS POOL NOTES TO FINANCIAL STATEMENTS continued Note 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) : Rebatable Arbitrage Earnings Rebatable arbitrage earnings represents the excess of the amount earned on all cash equivalents and investments over the amount which would have been earned if such cash equivalents and investments were invested at a rate equal to the bond yield for activity through January 1, 1995. This excess is subject to change due to bond and investment activity occurring after January 1, 1995. Deposit Premium Revenue Premiums are recognized as earned over the periods covered by the policies. Under the terms of the Liability Risk Coverage Agreement, between BICEP and its member cities, premium adjustments resulting in additional premium assessments or refunds were to commence in February 1992, covering the experience of BICEP from inception. Estimates of such adjustments are recorded in the financial statements annually as estimated future premium adjustments. Premium adjustments are subject to change as the ultimate cost of claims becomes known, investment income and expenses are realized, and BICEP's costs are allocated to each Policy Year. Unpaid Losses and Loss Adiustment Expenses Estimated unpaid losses and loss adjustment expenses include an amount for losses incurred but not reported. These estimates have been discounted to their present value. Liabilities are based on the estimated ultimate cost of settling the claims, including the effects of inflation and other societal and economic factors. The previously noted claims and ultimate recoveries will be deducted from the gross amount of unpaid losses. Claims which have been incurred but not reported to the claims administrator at June 30, 1998 have been estimated through an independent actuarial analysis based on loss development experience of BICEP and the member cities and available industry loss development data. BICEP's recognition of losses incurred but not reported is in conformity with Government Accounting Standards Board (GASB10), Accounting and Financial Reporting for Risk Financing and Related Insurance Issues and the Risk Finance Omnibus (GASB 30) and the American Institute of Certified Public Accountants (AICPA) Statement of position 94-5. USE OF ESTIMATES Certain assets and liabilities are not subject to precise determination. Specifically, unpaid loss and loss adjustment expense must be estimated. Those losses that have occurred and not been reported can only be estimated by actuarial methods. Since year ended June 30, 1995 the $1,000,000 to $2,000,000 lose layer originally carried by BICEP has been insured by outside carriers, reducing both the premiums and the risks to the participating cities. Those losses in the $1,000,000 to $2,000,000 7 BIG INDEPENDENT CITIES EXCESS POOL NOTES TO FINANCIAL STATEMENTS continued Note I. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued): layer prior to July 1, 1994 generally have been reported but there is always the possibility of ultimate cost exceeding original estimates. -VALUATION OF INVESTMENTS Investments previously recorded at cost have valued at market as required by Governmental Accounting Standards Board (GASB) 31, resulting in restatement or carrying values of investments and changes in previously reported investment income. The cumulative effects of these adjustments are reflected in the Estimated Future Premium Adjustments to pool participants. See note 5 for further explanation. Note 2. CASH AND INVESTMENTS Under provisions of the California Government Code (Code), BICEP is authorized to invest in: • A variety of federal and state treasury obligations (including local California agencies) • Obligations or other instruments of or issued by a federal agency or government sponsored enterprise • Bankers' acceptances which are eligible for purchase by the federal reserve system (subject to certain limitations) s Prime quality commercial paper (subject to certain limitations) • Negotiable certificates of deposit issued by nationally or state chartered banks, savings and loan associates and credit unions • Repurchase agreements or reverse repurchase agreements of any securities authorized by the Code Cash and Cash Equivalents, Unrestricted At June 30, 1998, the net carrying amount and deposit balance was $37,319, of which $32,557 was invested in the Local Agency Investment Fund an investment pool maintained by the State Treasurer. At June 30, 1997, the net carrying amount and deposit balance was $23,894 of which $19,460 was invested in the Local Agency Investment Fund, an investment pool maintained by the State Treasurer. Restricted Cash Equivalents and Investments BICEP invests only in investments that are insured or registered, or for which the securities are held by BICEP or its agent in BICEP's name. Investments held by the Trustee consist of: Cash equivalent-repurchase agreements 1998 1997 and cash $ 1,928,089 $ 2,324,626 U.S. Treasury and Federal agency securities S11,300,126 13,449,729 $13,228,215 615,774,355 8 BIG INDEPENDENT CITIES EXCESS POOL NOTES TO FINANCIAL STATEMENTS continued Note 2. CASH AND INVESTMENTS (continued) : Deposits and investments by governmental agencies are categorized in three classes depending upon the relative level of risk. Category 1 - Cash or investments fully insured or registered or where the securities are held by the unit or its agent in the unit's name. Category 2 - Uninsured and unregistered instruments held by the broker or advisor's trust_ department or an agent in the unit's name. Category 3 - Uninsured and unregistered investments held by the broker or dealer or by its trust department of by an agent but not in the unit's name. All of Bicep's cash and investments are in category 1, excepting deposits with the Local Agency Investment Fund (LAIF), which cannot be categorized. Note 3. UNPAID LOSSES AND LOSS ADJUSTMENT EXPENSES: The following represents changes in the unpaid losses and loss adjustment expenses for BICEP for the years ended June 30: 1998 1997 Unpaid losses and loss adjustment expenses at beginning of year $4,260,747 $4,006,065 Payments of claims reported (all events occurred in previous policy years) (3,189,402) (183,721) Increase in funding levels for previous policy years. 34,586 438,403 Total unpaid losses and loss adjustment expenses at end of year $ 1.105,931 S 4,260,747 Note 4. BONDS PAYABLE AND ADVANCE REFUNDING OF 1988 BOND ISSUE: In January 1989, BICEP issued Revenue Bonds Series 1988A for the purpose of acquiring working capital and to finance underwriting expenses. These bonds were outstanding until early 1996 when, as provided in the Bond Purchase Agreement Dated January 29, 1996, revenue bonds in the face amount of $12,550,000 were issued for the advance refunding of the 1988 issue. The new issue carries stated interest rates varying from 5.0 per cent to 6.5 per cent in contrast to the 8.1253 per cent average yield of the remaining outstanding bonds of the refunded issue. 9 BIG INDEPENDENT CITIES EXCESS POOL NOTES TO FINANCIAL STATEk0:NTS continued Note 4. BONDS PAYABLE AND ADVANCE REFUNDING OF 1988 BOND ISSUE (continued) Interest on the bonds is payable semi-annually at rates ranging from 5.0% to 6.15%. Principal maturities range from $625,000 to $1,215,000 and are due annually on March 1, from 1997 through 2009. The bonds maturing after March 1, 2004 are subject to optional early redemption on either March 1, principal and interest payment date or September 1, interest payment date, at a premium, if any, as follows: March 1, and September 1, 2004 101.0% March 1, and September 1, 2005 100.5% March 1, 2006 and thereafter 100.0% The bonds are assigned the first rights to pay principal and interest from premiums and interest income earned. Each member city is obligated to pay all premiums as assessed, except when for some reason insurance coverage is discontinued. Principal and interest payments for the succeeding five years are as follows: Year ending June 30 Principal Interest Total 1999 $770,000 $678,880 $1,448,880 2000 810,000 640,380 1,450,380 2001 850,000 597,450 1,447,450 2002 900,000 549,850 1,449,850 2003 950,000 478,652 1,428,652 The accounting for the refunding, as prescribed by the Governmental Accounting Standards Board (GASB) were as though the cost of the new issue including legal and underwriting fees, refunding premiums, remaining issuance costs of the retired issue were a prospective adjustment of the interest rate to be amortized over the remaining life of the refunded issue. (The new issue is paid off in 2009, the same as the refunded issue. ) Those costs deferred are summarized as follows: Remaining unamortized cost old issue $504,214 Premium paid on refunding 370,050 Cost of issuance, new issue 372,599 1,246,863 Less amortization taken between March 1, 1996 and June 30, 1996. 31,971 Balance outstanding, June 30, 1996 to be amortized through 2009. 1,214,892 Amortization taken July 1, 1996 through June 30, 1998 173,701 Remaining unamortized balance S 1,041,191 10 BIG INDEPENDENT CITIES EXCESS POOL NOTES TO FINANCIAL STATEMENTS continued Note 5. - RESTATEMENT OF AMOUNTS POTENTIALLY REFUNDABLE TO PARTICIPANT CITIES DUE TO REVALUATION OF INVESTMENTS BICEP's accounting has consistently charged or credited annually results of operations to the participant cities because as a group they are accountable for the benefits or lack thereof of the pool's operations. GASB 31 became effective .for years ended June 30, 1998 with retroactive adjustment of prior year's results preferred. Review of the relationship of cost to market values of investments at July 1, 1996 indicated a minor difference between cost and market value of those investments held by the trustee ($26,568 of market value lower than cost on investments at cost of $15,649,511). Accordingly, no adjustment was made at July 1, 1996. At June 30, 1997 market exceeded cost by $75,565 and at June 30, 1998 market exceeded cost by $172,618. In 1997 financial statements were restated as follows: Investments Estimated Future held by trustee Premium Adiustments As originally reported $13,374,164 $581,943 Market value adjustment 75.565 75.565 As restated $13,449,729 657 508 Note 6. REINSURANCE: Historically BICEP has reinsured its risks under excess of loss reinsurance agreements for the purpose of limiting its maximum exposure on any one loss or group of losses. BICEP is contingently liable for losses and loss adjustment expenses related to ceded business to the extent that its reinsurer is unable to fulfill its commitments. Management believes that its reinsurer is and will continue to be able to satisfy its obligations under the reinsurance agreement for years through June 30, 1998. During the years ended June 30, 1995, June 30, 1996, June 30, 1997 and June 30, 1998 because of substantial reductions in.rates BICEP placed all of its liability coverages with private insurance carriers. This includes the $1 million to $2 million layer, which was previously retained. BICEP's liabilities for unpaid losses and loss adjustment expenses as of June 30, 1998 and June 30, 1997, have been estimated net of amounts that would be recoverable from the reinsurer. For the years ended June 30, 1995, and thereafter BICEP has no direct liability having placed all of its coverages with outside carriers. 11 BIG INDEPENDENT CITIES EXCESS POOL NOTES TO FINANCIAL STATEMENTS continued Note 7. YEAR 2000 (Y2R) MATTERS BICEP is aware of the year 2000 problem involving computer programming. The problem arises because many computer systems are designed to handle a two-digit year instead of a four-digit year. On January 1, 2000, unless modified, some date related systems may interpret the "00" as 1900 and cease operating. For its information processing and reporting BICEP uses standard computer software ATB 2.01 for Windows which has been represented as Y2R compliant.. Most, if not all, of its member cities are in similar situations. However, there could be breakdowns in utility, public safety and other systems that possibly could result in substantial claim experience or the individual member cities' reliance on federal, state and county reporting and revenue distribution could cause financial difficulty. Also, BICEP's investment portfolio is accounted for by a bank trust department which also is dependent on computer software. Due to the wide range of possible occurrences management cannot give assurances that complete Y2R compliance will be achieved. They are assessing the situation, and as previously discussed, the possible occurrences are for the most part external to the authority. 12 SUPPIAMOMMY INFORN2►TION Bl%* INDEPENDENT CITIES EXCESS POOL CLAIMS DEVELOPMENT INFORMATION Ten years' Calculation through June 30, 1998 Policy Year Ended June 30 1990 1991 1992 1993 1. Net deposit premium revenue earned and - investment income $2,341,824 $2,216,499 $2,125,932 $2,317,408 2. Other costs 1,619,824 1,359,499 1,322,932 1,705,829 3. Estimated incurred claims and expenses, end of policy year 778,000 857,000 803,000 886,906 4. Paid claims (cumula- tive) as of: End of policy year $ -- $ -- $one year later -- 4,736 3,845 3,488 Two years later $3,640 $114,925 -- 91,785 Three years later $28,381 $577,599 3,887 92,321 Four years later $28,410 636,139 1,015,020 92,322 Five years later -- 649,556 1,046,716 Six years later -- 797,804 1,072,588 Seven years later -- 2,949,498 Eight years later -- Nine years later -- 5. Re-estimated incurred claims and expenses; End of policy year 778,000 857,000 803,000 886,906 One year later 722,000 807,806 767,049 10,000 Two years later 657,391 1,004,736 10,000 711,287 Three years later 691,497 3,004,736 240,316 455,341 Four years later 33,256 3,434,720 182,038 100,884 Five years later 45,187 3,269,842 234,991 131,267 Six years later 32,362 2,263,827 1,089,648 Seven years later 4,413 2,949,498 Eight years later Nine years later 6. Increase (decrease) in estimated incurred claims and expenses from end of policy year $(773,587) $2,092,498 $286,648 $(755,639) 13 Policy Year Ended June 30 1994 1995 1996 1997 1998 $2,513,490 $1,941,159 $1,776,903 $1,916,360 $2,016,625 1,717,915 1,715,043 1,190,895 1,650,761 1,563,.652 1,035,407 -- -- -- -- 100 -- 11,428 -- -- 3,285 106 -- 1,106,257 -- 1,035,407 -- -- -- -- 767,244 -- -- -- -- 809,059 -- -- -- 1,231,328 -- -- 2,195,310 -- $1,159,903 -- BIG INDEPENDENT CITIES EXCESS POOL CLAIMS DEVELOPMENT INFORMATION Ten years' Calculation through June 30, 1998 Explanation of the Claims Development table on the preceding page The table on the preceding page illustrates how BICEP's earned revenues and investment income compare to related costs of loss and other expenses assumed by BICEP as of the end of each policy year. The rows of the table are defined as follows: 1. This line shows the total of each fiscal year's earned deposit premiums and investment income, net amounts earned for purchased reinsurance. 2. This line shows each fiscal year's other operating costs including overhead and claims expense not allocable to individual claims. 3. This line shows the estimated incurred losses and allocated loss adjustment expenses as originally reported at the end of the first year in which the event that triggered coverage under the contract occurred (both paid and accrued) net of loss assumed by excess or reinsurers. 4. This line shows the cumulative amounts paid as of the end of successive years for each policy year. 5. This section of rows shows how each policy year's incurred claims and expenses increased or decreased as of the end of successive years. This annual re-estimation results from new information received on known claims, re-evaluation of existing information on known claims, as well as emergence of new claims not previously known. 6. This line compared the latest re-estimated incurred claims and expenses amount to the amount originally established (line 3) and shows whether this latest estimate of claims and expenses costs are greater or less than originally thought. As data for individual policy years mature, the correlation between original estimates and re-estimated accounts is commonly used to evaluate this accuracy of incurred claims and expenses currently recognized in less mature policy years. 14 11,r RCA kOUTING SHEET INITIATING DEPARTMENT: City Clerk's Office SUBJECT: Receive & File Big Independent Cities Excess Pool (BICEP) Financial Statements & Independent Auditor's Report COUNCIL MEETING DATE: June 7, 1999 = RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable e EXPLANATION FOR:MISSING ATTACHMENTS ... REVIEWED , RETURNED FOR RDED" Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) -: EXPLANATION, FOR RETURN OF ITEM, (Below • . For Only) RCA Author: Connie Brockway I BIG INDEPENDENT CITIES EXCESS POOL CITY OF HUNTINGTON BEACH CITY COUNCIL STUDY SESSION AUGUST 17, 1998 Prepared By: Gregory J. Spiker BICEP General Manager Ken Spiker And Associates, Inc. i TABLE OF CONTENTS I. History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 II. Description of the Pool . . . . . . . . . . . . . . . . . . . . . . . . 3-5 III. Program Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 IV. Claims Handling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-6 V. BICEP Advantages At-A-Glance . . . . . . . . . . . . . . . . . . . 6 VI. Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 VI I. Exhibit A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 A;HUNTBCH.RPT - 7/3/98 - 2 - I. HISTORY In February 1987, as a result of the insurance crisis for public entities, thirteen large California cities began meeting to develop a viable liability risk financing program for California cities over 100,000 in population. Those cities were: Fullerton, Garden Grove, Huntington Beach, Oxnard, San Bernardino, Santa Ana, Pomona, Los Angeles, Oakland, Pasadena, Sacramento, San Diego, and Torrance. Approximately twenty-seven meetings were held between the formation team that consisted of a host of professional consultants and the prospective BICEP Member Cities. As a result, the BICEP Joint Powers Insurance Authority was formed and began providing insurance to its five founding members, effective October 1, 1998. The eventual inability of the original thirteen cities to all join BICEP can be attributed to three basic reasons: A. The largest cities were skeptical about the practicality of sharing risk with smaller cities. B. Influential decision makers did not represent all cities during the formation study process. C. Certain cities were simply performing a "due diligence" exercise and did not develop a commitment to the concept of a risk-sharing pool. Nevertheless, the BICEP Program has performed excellently, as originally proposed to the program members by its program consultants, in that it has: 1) stabilized liability insurance premiums; 2) attracted cost-effective liability reinsurance from "A" rated carriers; and 3) provided a budgetable and predictable long-term risk finance solution for the pool members. In fact, BICEP was the only pool in California to attract reinsurance upon the first year of its existence during the height of the insurance crisis. II. DESCRIPTION OF THE POOL The Big Independent Cities Excess Pool Joint Powers Authority (BICEP) was established in 1988, in accordance with the Government Code of the State of California, as a way to "risk-share" insurance coverages by medium-to-large cities within the state. To be eligible for BICEP, members must meet two important criteria: each city must have a population of 100,000 or more, and each must have its own risk manager. As a joint powers authority, BICEP is governed by a Board of Directors consisting of one representative or alternate from each of its member cities. The Board of Directors elects its officers annually from this slate of candidates; meetings are held at least quarterly at a convenient, centralized location. There are five founding A:HUNTBCH.RPT - 7/3/98 - 3 - members of BICEP: Huntington Beach, Oxnard, Pomona, San Bernardino, and Santa Ana. New member marketing activities are ongoing to attract other members as well, especially in the purchase of excess liability insurance where most larger cities must self-insure catastrophic losses. BICEP came about as a direct result of the municipal liability insurance crisis of 1985-86. When its cities discovered they could no longer purchase in the standard insurance marketplace the kinds of commercial coverages they needed to effectively protect their assets, they elected to finance a catastrophic loss pool through the sale of bonds. This unique capitalization technique yielded a loss reserve fund to finance $25 Million in limits. Each Member agreed to retain (self-insure) the first $1 Million in losses. In February of 1996 the revenue bonds were refunded, which significantly reduced financial costs over the life of the bonds. The insurance market for municipalities has continued to soften since early 1987. In response to the availability of competitively-priced insurance, BICEP continues to protects its' capitalized assets with commercial insurance. Since 1988, the members have purchased commercial liability insurance for the $2 Million to $10 Million layer. In 1990, they also began purchase of direct reinsurance for the layer $5 Million excess $10 Million and in 1991 began commercial insurance of the $15 Million to $20 Million layer. In 1993 a commercial $18 Million excess of $2 Million layer was purchased to replace the previous "pieces". Over the next four years, BICEP purchased $19 Million excess of $1 Million due to substantial reductions in rates. At present, BICEP purchases $24 Million excess of $1 Million. The history of BICEP's Liability Insurance Program is depicted graphically in Exhibit A. As BICEP is currently structured, each member pays an actuarially determined pure risk premium for coverage from $1 Million to $2 Million, plus an additional amount for administration costs and debt service on the bonds issued to create the pool (any losses exceeding $20 Million are paid by members on an assessment basis). Members share in the costs of the commercial insurance based on their percentage share of the Pool. Pool percentages are determined by dividing each city's payroll by the total BICEP payroll multiplied by a loss experience modification factor. Because BICEP commands respect in the marketplace due to its group purchasing power, Members have enjoyed broad coverages, highly competitive rates, and multi- year rate guarantees. This market clout enables BICEP to secure the best available coverages for all lines, including liability, property, workers' compensation, and special events. The ultimate goal of the program is to provide coverage to Members through insurance when it is available -- and to fall back on the pooled coverage when it is not. BICEP's officers and members are active in all phases of risk management and the insurance industry. BICEP, as an organization, is a member of the PRIMA (Public Risk Management Association) Pooling Section; its Past Presidents Karen Foster and Jeff Stevens are active members of RIMS (Risk Insurance Management Society) and PRIMA(Public Risk Management Association). It's current President, Jose' M. Mesa, is a well-known Human Resources Director and is very active in Cal PELRA. A:HUNTBCH.RPT - 7/3/98 - 4 - After a nationwide search in 1990, BICEP selected Sherman Oaks, California-based Ken Spiker And Associates, Inc. to oversee administration and marketing of the BICEP program. Greg Spiker acts as BICEP's General Manager. III. PROGRAM DOCUMENTS The pooled insurance program operates pursuant to four major documents: a liability risk coverage agreement, a trust indenture, a joint powers agreement, and a memorandum of coverage. The coverage agreement is the principal program agreement of the pooled liability insurance program. It obligates the participating cities to make premium payments and sets forth provisions for calculation of premium assessments, withdrawal from the program, admission of new cities to the program, remedies upon default, and other matters relating to the operation of the program. The trust indenture is the agreement pursuant to which a trustee will agree to authenticate the bonds, act as paying agent of the bonds, receive premium payments, and hold funds of the BICEP program in trust. The joint powers agreement is the "charter" pursuant to which BICEP is established and sets forth the purposes and mode of governance of BICEP. The memorandum of coverage is the annual policy of insurance purchased by the cities from BICEP. BICEP also has established certain underwriting and claims administration standards and liability claims quality control guidelines. IV. CLAIMS HANDLING The City of Huntington Beach does an excellent job of managing its' liability claims program. Over the years, the City has reported 32 claims to BICEP. BICEP maintains a claims watchlist that consists of generally those claims, which in our judgement, may impact the BICEP layer of coverage (claims with a potential value in excess of$1 Million). The following is a list of cases which have appeared on the BICEP Watchlist: City of Huntington Beach Claimant Date of Loss Peter Leiby, et al. 07/28/91 Nancy Smith 02/11/92 Randolph Scott 03/17/95 Rose Metzger, et al. 02/15/96 Theodore Franks, et al. 09/11/96 A:HUNTBCH.RPT - 7/3/98 - 5 - BICEP took an active role regarding the Nancy Smith case. As you may recall, BICEP retained the services of Girard Fisher of the law offices of Pollak, Vida, and Fisher. Mr. Fisher was instrumental in the settlement of this matter. As monitoring counsel for BICEP, he was able to meet with the City's defense counsel as well as the City Council in order to provide BICEP's opinion as to liability and damage. BICEP also took an active role in the Stanley Bloom matter. We again referred this case to Girard Fisher for review on behalf of BICEP. Mr. Fisher conducted a coverage review and reviewed the various causes of action brought forth by the plaintiff. At the Appellate Court Settlement Conference, Mr. Fisher was instrumental in that he counseled against entering into any settlement with the plaintiff, as it was his opinion that the City ultimately would not have any liability exposure in this matter. This counsel was given in concurrence with the City's own defense counsel. It is also fair to point out that BICEP did not pursue a late notice defense, as the City could very well have faced had they been dealing with a commercial insurance carrier relative to this loss. This case clearly demonstrates the benefit of the BICEP arrangement and the willingness of all parties to work together for a successful resolution of a very complicated litigated claim. V. BICEP ADVANTAGES AT-A-GLANCE Matters relating to the BICEP Program are governed by BICEP participants. Accordingly, each participating city has input into how the liability insurance program is operated and BICEP, by its very nature, will always be responsive to the needs of its' Members. The advantages of participation in BICEP's pooled liability insurance programs include the following: ♦ Created, owned, and operated by cities. ♦ Secures attractive rates for multi-city insurance coverages, including: liability, workers' compensation, property programs, and special events coverage. ♦ Eliminates annual insurance shopping by city staff. ♦ Enhances Member Cities ability to budget by providing cost stability in spite of market fluctuations. ♦ Cost savings -- no profit loading; tax exempt status; share in investment income; lower overhead costs. ♦ Broader coverage terms, conditions and limits. ♦ Services tailored to needs of cities. ♦ Improved litigation management. ♦ Improved loss control. ♦ Stable premiums. ♦ Self-reliance -- BICEP is not dependent on the availability of commercial insurance. ♦ The ability to purchase commercial insurance when it makes economic sense and fall back on the pooled coverage when it doesn't. A:HUNTBCH.RPT - 7/3/98 - 6 - VI. CONCLUSION In 1988 five cities recognized the value of working together to address the growing challenges of risk management and insurance coverage. Today, as a result of the cooperative and collective effort of its Member Cities, BICEP is poised to begin its second decade of service to cities. BICEP applauds their vision. A:HUNTBCH.RPT - 7/3/98 - 7 - BICEP Program LiabilityCoverageInsurance $ Millions $25 i !: R�sk: �hare d b Mee mber �� i es s g $15 T $10 $5 �-! MININEW .._. .. 4MA, , $0 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 INTEROFFICE MEMORANDUM -.......... . ..................... .........-.............. ..... - ...............__.......... TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: KAREN FOSTER SUBJECT: BICEP JOINT POWERS AUTHORITY DATE: 08/13/98 HISTORY The City of Huntington Beach had no liability insurance coverage from April 7, 1986 until the inception of the BICEP program on October 1, 1988. In 1988, the City's broker, Robert F. Driver, indicated that there was no municipal liability insurance available (Attachment #1) In the 1980's the municipal liability insurance marketplace was extremely restrictive due to the large losses suffered in all lines of insurance coverage and the tightening of the reinsurance market. In addition, the "deep pockets" syndrome continued to increase the amount of claims paid on behalf of municipalities. (Attachment #2) As a result of the market chaos, there was very limited number of insurance companies writing municipal liability insurance. The effect on California cities was that the coverage was being restricted and the prices were being increased in the magnitude of 300% to 1000%. (Attachment #3) In 1986, the League of California Cities recognized the growing problem and prepared a report on JPA's for liability insurance (Attachment #4) CURRENT STATUS Participation in the BICEP program provides premiums stability in the marketplace with a three-year rate guarantee. Currently, the market is soft, insurance companies are competing to provide excess insurance, and BICEP is buying cheap insurance and the pool does not retain any risk. The City has more purchasing power as part of a pool than as an individual entity purchasing insurance. Likewise, if we have a large claim, we have more influence with the carriers as a large pool than as an individual claimant. If we had a major loss as an individual entity, there is the potential that we could not get insurance coverage. Nationwide there are approximately 500 pools with 60% of the public entities enrolled. In California, there are 200 different pools with approximately 80% of all public entities enrolled in one. Some of the large cities such as San Jose, San Francisco and Los Angeles are not enrolled in pools. In Orange County, only 5 cities are not enrolled in a pool. (Attachment #5) The overall objective of BICEP is to shield the member cities from financial and operational impairment through rate stabilization and rate guarantee. During the hard market, when insurance was expensive and difficult to place, BICEP was the only pool that could attract reinsurance. The BICEP broker, Aon Risk Services, has consistently been able to find cost effective and comprehensive coverage for the benefit of the BICEP members. City Options Concerning BICEP ➢ Continue in BICEP Withdrawal from BICEP — The BICEP program requires a rolling three-year commitment, which means that, effectively, a two-year notice is required for the City to withdraw from the program. In the event the City elects to withdraw, the City would be required to satisfy any remaining debt service obligation. At present there would be a required payment of $2,543,501. This amount consists of the City`s allocable share of the outstanding bond principal and interest of $2,398,017 and $145,484, respectively. However, the pro-rats share of any undesignated reserves would be applied to the remaining debt service obligation and depending on claims experience, withdrawal could result in either refunds or additional payments. ♦ Withdrawal from BICEP in favor of a traditional program. Although the City probably could obtain insurance based on market conditions today, there is no assurance of insurance cost savings. More importantly, there is no assurance of insurance availability in the future when insurance market conditions change. Withdrawal from BICEP is not recommended as a long-range solution to the problem of market fluctuations. 2 1 1 1 1 1 1 BIG INDEPENDENT CITIES EXCESS POOL i FINANCIAL STATEMENTS AND SUPPLEMENTARY INFORMATION WITH INDEPENDENT AUDITOR'S REPORT JUNE 30, 1996 and June 30, 1995 1 1 1 1 i 1 1 1 i 1 BIG INDEPENDENT CITIES EXCESS POOL Table of Contents ' Page Financial Statements: Independent Auditor's Report 1 Balance Sheets, June 30, 1996 and June 30, 1995 2 Statements of Revenue, Expenses and Changes in Retained Earnings for the years ended June 30, 1996 and June 30, 1995 3 ' Statements of Cash Flows for the years ended June 30, 1996 and June 30, 1995 4 ' Notes to Financial Statements 6-11 Supplementary Information Claims Development Information From Inception to June 30, 1996. Required Supplementary Information 13 EDWARDS, EICHEL & BERANEK CERTIFIED PURLIC ACCOUNTANTS INDEPENDENT AUDITOR'S REPORT ' The Board of Directors 3ig Independent Cities Excess Pool We have audited the accompanying balance sheets of the Big Independent Cities Excess Pool (BICEP) at June 30, 1996, and 1995 and the related statements of revenue, expenses and changes in retained earnings and cash flows for the years then ended. These financial statements are the responsibility of BICEP's management. Our responsibility is to express an opinion on these financial ' statements based on our audits. We conducted our audits in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audits to obtain reasonable assurance about whether the financial statements are free of material . misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An-audit also includes assessing the accounting principles used and significant estimates made by ' management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. In our opinion, the 1996 and 1995 financial statements referred to above present fairly, in all material respects, the financial position of the Big Independent Cities Excess Pool at June 30, 1996 and 1995, and the results of its operations and its cash flows for the years then ended in conformity with generally accepted accounting principles. Note 7 to the financial statements discusses an issue that involves uncertainties not presently resolved. BICEP has nine years of historical data for use in its estimates of incurred but not reported claims and the corresponding premium adjustments. Although BICEP considers its experience and industry data in determining such amounts, assertions and projections as to future events are necessary and ultimate losses may be higher or lower than amounts projected. A claim involving a member city whose cost -has exceeded that city's self-insured retention is being defended by BICEP and its attorneys but BICEP has stated that it is reserving its right to deny coverage. The excess carrier has categorically denied coverage. The matter is currently under discussion by the various parties and its outcome cannot be predicted. The comparative schedule of Claim Development, on pane 11 is not a required part ' of the basic financial statements but is supplementary information. required by the Governmental Accounting Standards Board. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the supplementary information. However, we did not audit the information and express no opinion on it. ' Pasadena, California Edwards, Eichel & Beranek January 22, 1997 Certified Public Accountants 468 N. ROSEMEAD BOULEVARD SUITE#100 PASADENA.CALIFORNIA 91 107-3059 818/351-3800 ' FAx 818/351-3804 E-MAIL 76064.23@compusen�e.com ' BIG INDEPENDENT CITIES EXCESS POOL BALANCE SHEET June 30, 1996 and June 30, 1995 ASSETS ' 1996 1995 Cash and cash equivalents, unrestricted $ 15,172 $ 11,381 Restricted cash equivalents 261,710 3,762,286 Total cash and cash equivalents (Note 2) 276,882 3,773,667 Investments (at cost, which approximates market value) (Note 2) 15,387,801 13,505,500 ' Accrued interest receivable 198,042 156,750 Total assets S15.862.725 $17,435.917 LIABILITIES AND RETAINED EARNINGS Liabilities: ' Accounts payable $ 14,295 $ 9,970 Unpaid losses and loss adjustment expenses (Note 3) 4,006,065 4,130,971 Bonds payable (Note4) 12,550,000 12,855,000 Less-unamortized issuance cost 1 1,214,892) ( 530,339) 11,335,108 12,324,661 Accrued interest payable 248,960 350,084 ' Estimated future premium adjustments 258.297 620,231 Total liabilities 15,862,725 17,435,917 ' Retained earnings -- -- Total liabilities and retained earnings S15.862.725 $17,435,917 ' The accompanying notes are an integral part of these financial statements. ' 2 ' BIG INDEPENDENT CITIES EXCESS POOL STATEMENTS OF REVENUE, EXPENSES AND CHANGES IN RETAINED EARNINGS Years ended June 30, 1996 and June 30, 1995 ' 1996 1995 Revenue: Deposit premiums earned $ 2,080,178 $ 2,511,981 Premium refunds 18,542 Estimated future premium adjustments 361-934 (797-277) 2.460,654 1,714,704 Expenses: ' Net increase in actuarially determined unpaid losses and loss adjustment expenses 988,039 84,541 Purchased liability insurance ' and reinsurance 1,398,567 1,676,802 General and administrative expenses 213,534 .184,520 ' 2.600.140 1.9451863 Excess (deficiency) of revenue over expenses, ' before net investment income (139.4861 (231.1591 Net investment income: ' Investment income 1,088,609 1,305,980 Interest expense _( 949,123) (1,074.8211 139,486 231,159 ' Excess of revenue over expenses -- -- Retained earnings, at beginning ' of year -- -- Retained earnings, at end of year These accompanying notes are an integral part of these financial statements. ' 3 ' BIG.INDEPENDENT CITIES EXCESS POOL STATEMENTS OF CASH FLOWS Years ended June 30, 1996 and June 30, 1995 ' 1996 1995 ' Cash flows from operating activities: Excess (deficiency) of revenue over expenses before net investment income $ (139,486) $ (231,159) ' Adjustment to reconcile excess (deficiency) of revenue over expenses before net investment income to net cash provided by operations: Amortization of bond issuance and early refunding costs 58,096 39,185 Increase (decrease) in ' accounts payable 4,325 (27,949) Increase (decrease) in unpaid losses and loss adjustment expenses ( 124,906) (1,230,669) ' premium Accounts receivable decrease(increase) -- 26,141 (Decrease) increase in estimated future ' premium adjustments payable 359.4511 1,851.673 Net cash provided (used) by operating activities (561,4221 427,222 Cash flows from investing activities: Interest received 1,047,317 1,299,966 ' Net change in investment portfolio re issuance of new bonds and refund of old bond issue ' 1,882,301 -- Net cash provided (used) by investing activities (834,984) 1,299,966 1 Continued on page 5 ' 4 ' Cash flows from noncapital financing 1996 1995 activities: 1 Refunding of Series 1988 bonds and issuance of 1996 bonds Annual principal payments 1988 bonds (520,000) (485,000) Interest paid ( 1,050,247) (1,087,108) Refunding of remaining 1988 bonds (12,335,000) -- ' Issuance of 1996 bonds 12,550,000 Net cost of funding new issue (745,1321 Net cash (used) in noncapital financing activities (2,100,379) (1,572,1081 Net increase (decrease) in cash and 1 cash equivalents (3,496,785) 155,080 Cash and cash equivalents at 1 beginning of year 3,773,667 3,618,587 Cash and cash equivalents at end of year S 276.882 3,773,667 i 1 1 1 _ 1 ' The accompanying notes are an integral part of these financial statements. 5 ' BIG INDEPENDENT CITIES EXCESS POOL NOTES TO FINANCIAL STATEMENTS 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES: Organization and Operations ' Big Independent Cities Excess Pool (BICEP) was created effective September 231 1988, by a joint powers agreement among five cities organized and operating under the laws of the State of California. BICEP is organized pursuant to the provisions of the California Government Code for the ' purpose of providing joint insurance coverage and related risk-management services for member cities. The extension of joint insurance coverage to member cities began October 1, 1988. BICEP's liability program offers a combination of pooled and commercially purchased public auto and general liability coverages, plus errors and omissions coverage, for losses in excess of the member cities' specified self-insurance retention levels of one million dollars. Individual and aggregate claims in excess of specified levels are .covered by excess insurance policies purchased from commercial insurance carriers which, combined with the program's self-funded layers, offer a total of $25 million in coverage limits. Additionally, through its broker AON Risk Services, it enables its members to purchase property and worker's compensation insurance as a group. BICEP is a nonprofit California public agency; thus, it is tax-exempt. It is also considered a "Special District" by the Office of the State Controller, Division of Local Government Fiscal Affairs, for the purpose of filing an Annual Report of Financial Transactions of Special Districts. Basis of Accounting The accounting records of BICEP are maintained on the accrual basis of accounting. ' Bond Issuance Costs Bond issuance costs are amortized over the life of the bond issue using the straight line method. In 1996 due, in part, to more advantageous interest rates the 1988 bond issue was retired and new bonds were issued carrying substantially lower interest rates. Cost of issuance expense and the premium paid on retirement are being amortized over the remaining life of the original issue. See note 4 for further explanation. Cash and Cash Equivalents BICEP considers money market funds and all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivalents. Rest icted Cash ' Restricted cash represents funds held in trust for payment of bond .principal and interest, future debt service, and claims payment. ' 6 ' BIG INDEPENDENT CITIES EXCESS POOL NOTES TO FINANCIAL STATEMENTS continued 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) : ' Rebatable Arbitrage Earnings Rebatable arbitrage earnings represents the excess of the amount earned on ' all cash equivalents and investments over the amount which would have been earned if such cash equivalents and investments were invested at a rate equal to the bond yield for activity through January 'l, 1995. This excess is subject to change due to bond and investment activity occurring after January 1, 1995. The interim calculation previously referred to indicates that .there would be no arbitrage payable. ' Deposit Premium Revenue Premiums are recognized as earned over the periods covered by the policies. Under the terms of the Liability Risk Coverage Agreement, between BICEP and its member cities, premium adjustments resulting in additional premium assessments or refunds were to commence in February 1992, covering the experience of BICEP from inception. Estimates of such adjustments are recorded in the financial statements annually as estimated future premium adjustments. Premium adjustments are subject to change as the ultimate cost of claims becomes known, .investment income and expenses are realized, ' and BICEP's costs are allocated to each Policy Year. Unpaid Losses and Loss Adjustment Expenses ' Estimated unpaid losses and loss adjustment expenses include an amount for losses incurred but not reported. These estimates have been discounted to their present value. Liabilities are based on the estimated ultimate cost of settling the claims, including the effects of inflation and other societal and economic factors. The previously. noted claims and ultimate recoveries will be deducted from the gross amount of unpaid losses. Claims which have been incurred but not reported to the claims administrator at June 30, 1996 have been estimated through an independent actuarial analysis based on loss development experience of BICEP and the ' member cities and available industry loss development data. BICEP'S recognition of losses incurred but not reported is in conformity with Government Accounting Standards Board (GASB10) , Accounting and Financial Reporting for Risk Financing and Related Insurance Issues and the Risk Finance Omnibus (GASB 30) and the American Institute of Certified Public Accountants (AICPA) Statement of position 94-5. 2. CASH AND INVESTMENTS Under •provisions of the California Government Code (Code) , BICEP is authorized to invest in: ' . A variety of federal and state treasury obligations (including local California agencies) ' 7 BIG INDEPENDENT CITIES EXCESS POOL NOTES TO FINANCIAL STATEMENTS continued 2. CASH AND INVESTMENTS (continued) : • Obligations or other instruments of or issued by a federal ' agency or government sponsored enterprise . • Bankers' acceptances which are eligible for purchase by the federal reserve system (subject to certain limitations) ' • Prime quality commercial . paper (subject to certain limitations) ' • Negotiable certificates of deposit issued by nationally or state chartered banks, savings and loan associates and credit unions • Repurchase agreements or reverse repurchase agreements of any securities authorized by the Code Cash and Cash Equivalents, Unrestricted At June 30, 1996, the net carrying amount and deposit balance was $15,172 of which $14,739 was invested in the Local Agency Investment Fund, an investment pool maintained by the State Treasurer. Restricted Cash Equivalents and Investments BICEP invests only in investments that are insured or registered, or for 1 which the securities are held by BICEP or its agent in BICEP's name. Investments held by the Trustee at June 30, 1995, consist of: Cash equivalent-repurchase agreements and cash $ 261,710 U.S. Treasury and Federal agency securities 15,137,801 Commercial paper 250,000 15.649.51 ' Deposits and investments by governmental agencies are categorized in three classes depending upon the relative level of risk. Category 1 - Cash or investments fully insured or registered or where the securities are held by the unit or its agent in the unit's name. Category 2 - Uninsured and unregistered instruments held by the ' broker or advisor's trust department or an agent in the unit's name. Category 3 - Uninsured and unregistered investments held by the broker or dealer or by its trust department of by an agent but not in the unit's name. All of Bicep's cash and investments are in category 1, excepting deposits with the Local Agency Investment Fund (LAIF) , which cannot be categorized. ' 3. UNPAID LOSSES AND LOSS ADJUSTMENT EXPENSES: The following represents changes in the unpaid losses and loss adjustment ' expenses for BICEP for the years ended June 30: 8 ' BIG INDEPENDENT CITIES EXCESS POOL NOTES TO FINANCIAL STATEMENTS continued 3. UNPAID LOSSES AND LOSS ADJUSTMENT EXPENSES (continued) : 1996 1995 ' Unpaid losses and loss adjustment expenses at beginning of year $4,130,971 $5,361,640 ' Provisions for insured events -- of the current year 84,541 Additional provisions for prior years- -- 84,541 ' Payments of claims reported (1,112,945) ( 62,071) (all in previous policy years) Increase (decrease) in funding levels for previous policy years. 988,039 { 1,253,139) .Total unpaid losses and loss adjustment expenses at end of year $4.006.065 $4,130,971 4. BONDS PAYABLE AND ADVANCE REFUNDING OF 1988 BOND ISSUE: In January 1989, BICEP issued Revenue Bonds Series 1988A for the purpose of acquiring working capital and to finance under writing expenses. These bonds were outstanding until early 1996 when, as provided in the Bond Purchase Agreement Dated January 29, 1996, revenue bonds in the face amount of $12,550,000 were issued for the advance refunding of the 1988 issue. The new issue carries stated interest.rates varying from 5.0 per cent to 6.5 per cent in contrast to the 8.1253 per cent average yield of the remaining outstanding bonds of the refunded issue. Interest on the bonds is payable semi-annually at rates ranging from 5.0% to 6.15%. Principal maturities .range from $625,000 to $1,215,000 and are ' due annually on March 1, from 1997 through 2009. The bonds maturing after March 1, 2004 are --subject to optional early redemption on either March 1, principal and interest payment date or September 1, interest payment date, at a premium, if any, as follows: March 1, and September 1, 2004 101.0% March 1, and September 1, 2005 100.5% March 1, 2006 and thereafter 100.0% The bonds are assigned the first rights to pay principal and interest from premiums and interest income earned. Each member city is obligated to pay ' all premiums as assessed, except when for some reason insurance coverage is discontinued. Year ending ' June 30 Principal Interest Total 1997 $625,000 $736,463 $1,361,463 1998 735,000 703,380 1,438,380 1999 770,000 666,048 1,436,048 2000 810,000 626,071 1,436,071 2001 850,000 581,585 1,431,585 9 ' BIG INDEPENDENT CITIES EXCESS POOL NOTES TO FINANCIAL STATEMENTS continued ' 4. BONDS PAYABLE AND ADVANCE REFUNDING OF 1988 BOND ISSUE cont. The accounting for .the. refunding, as prescribed by the Governmental Accounting Standards Board (GASB) were as though the cost of the new issue including legal and underwriting fees, refunding premiums, remaining issuance costs of the retired issue were a prospective adjustment of the ' interest rate to be amortized over the remaining life of .the refunded issue. Those costs deferred are summarized as follows: Remaining unamortized cost old issue $504,214 Premium paid on refunding 370,050 Cost of issuance, new issue 372,599 1,246,863 Less amortization taken between March 1, 1996 and June 30, 1996. 31,971 ' Balance outstanding, June 30, 1996 S1,214,892 5. REINSURANCE: ' Historically BICEP has reinsured its risks under excess of loss reinsurance agreements for the purpose of limiting its maximum exposure on any one loss or group of losses. BICEP is contingently liable for ' losses and loss adjustment expenses related to ceded business to the extent that its reinsurer is unable to fulfill its commitments. Management believes that its reinsurer is and will continue to be able to satisfy its obligations under the reinsurance agreement for years through ' June 30, 1996. .During the years ended June 30, 1995 and June 30, 1996 because of :substantial reductions in rates BICEP placed all of its liability ' .coverages with private insurance carriers. This includes the $1 million to $2 million layer, which was previously retained. BICEP's liabilities for unpaid losses and loss adjustment expenses as of ' June 30, 1996, have been estimated net of amounts that would be recoverable from the reinsurer. For the years ended June 30, 1995 and June 30, 1996 BICEP has no direct liability having placed all of its coverages with outside carriers. ' 6. RELATED-PARTY TRANSACTIONS: Aon Risk Services, formerly Rollins Hudig Hall, serves as BICEP's insurance broker and brokered $2,614,551 in insurance agreements during the period ended June 30, 1996 and $2,668,832 in the year ended June 30, 1995. ' 7 UNCERTAINTY RELATED TO A CLAIM INVOLVING A MEMBER CITY.. A claim is presently -being litigated involving due process on a condemnation action whose costs have already exceeded that city's self- insured retention and which BICEP, in the opinion of counsel, may not have provided coverage due to the alleged willful nature of the alleged damages inflicted. The reinsurer has denied coverage. BICEP has continued to pay 10 BIG INDEPENDENT CITIES EXCESS POOL NOTES TO FINANCIAL STATEMENTS continued ' Note 7 UNCERTAINTY RELATED TO A CLAIM INVOLVING A MEMBER CITY (CONT. ) for the cost of defense in excess of the self-insured retention but has reserved its rights and is actively pursuing a course of attempting to obtain a settlement before the matter reaches the courts. ' There are several matters in contention, the nature of the acts by the member city, whether BICEP is liable for its level of coverage, that of the excess carrier or at all, and whether or not the excess carrier has liability. 11 z O H H O 44 z H N .-I W N BIG INDEPENDENT CITIES EXCESS POOL , CLAIMS DEVELOPMENT INFORMATION Cumulative from inception through June 30, 1996 Policy Year Ended June 30 , 1989 1990 1991 1992 1. Net deposit premium 1 revenue earned and investment income $ 799,203 $2,341,824 $2,216,499 $2,125,932 2. Other costs 3381203 1,619,824 1,359,499 1,322,932 , 3. Estimated incurred claims and expenses, end of policy year 543,000 778,000 857,000 803,000 , 4. Paid claims (cumula- tive) as of: End of policy year -- -- --One year later -- -- $ 4,736 $3,845 Two years later -- $3,640 $114,925 Three years later -- $28,381 $577,599 3,887 Four years later -- $33,256 636,139 Five years later -- -- Six years later -- 5. Re-estimated incurred claims and expenses; End of policy year 543,000 778,000 857,000 803,000 One year later 496,000 722,000 807,806 767,049 Two years later 461,000 657,391 1,004,736 10,000 Three years later 435,842 691,497 3,004,736 240,316 Four -years later 352,937 33,256 3,434,720 Five years later 250,000 45,187 Six years later 24,895 6. Increase (decrease) in ' estimated incurred claims and expenses from end of policy year $(518,105) $(732,813) $2,577,720 $(562,684) ' The table above illustrates how BICEP's earned revenues and investment income compare to related costs of loss and other expenses assumed by BICEP as of the end of each policy year. The rows of the table are defined as follows: 1. This line shows the ' total of each fiscal year's earned deposit premiums and investment income, net amounts earned for purchased reinsurance. 2. This line shows each fiscal year's other operating costs including overhead and claims expense not allocable to individual claims. 3. This line shows the estimated incurred losses and allocated loss ' adjustment expenses as originally reported at the end of the first year in which the event that triggered coverage under the contract occurred (both paid and accrued) net of loss assumed by excess or reinsurers. 4. This line shows -the cumulative amounts paid as of the end of successive years for each policy year. 5. This section of rows shows how each policy year's incurred claims and expenses increased or decreased as of the end of successive years. This annual re-estimation results from new information received on known claims, re-evaluation of existing information on known claims, as well as emergence of new claims not previously known. 6. This line compared the ' latest re-estimated incurred claims and expenses amount to the amount originally established (line 3) and shows whether this latest estimate of claims and expenses costs are greater or less than originally thought. As data for individual policy years mature, the correlation between original estimates and re-estimated accounts is ' commonly used to evaluate this accuracy of incurred claims and expenses currently recognized in less mature policy years. 13 ' ' Policy Year Ended June 30 1993 1994 1995 1996 1 $2,317,408 $2,513,490 $2,511,981 2,080,178 1,705,829 1,717,915 1,305,980 1,088,609 886,906 1,035,407 -- -- ' 3,488 -- ' 886,906 1,035,407 -- -- 10,000 767,244 711,287 ($175,619) ($268,153) 1