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HomeMy WebLinkAboutReso 101-25 Declaring City of Dublin’s Assumption of Workers’ Comp Liability Self-Insured EReso. No. 101-25, Item 5.7, Adopted 12/02/2025 Page 1 of 2 RESOLUTION NO. 101 – 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN DECLARING THE CITY OF DUBLIN’S ASSUMPTION OF WORKERS’ COMPENSATION LIABILITIES AS A SELF-INSURED EMPLOYER, AUTHORIZING SELF-FUNDED WORKERS’ COMPENSATION OPERATIONS, AND DIRECTING RELATED ACTIONS WHEREAS, since 2005 the City of Dublin (“City”) has participated in the San Mateo County Cities Insurance Group Joint Powers Authority (“Cities Group”) for the administration and pooling of workers’ compensation liabilities; and WHEREAS, due to significant structural and financial changes in the Cities Group risk pool, the Cities Group Board voted to dissolve and cease all workers’ compensation operations effective January 1, 2026; and WHEREAS, as a result of this dissolution, the City is required to secure an alternative workers’ compensation program structure to comply with the California Workers’ Compensation Act and ensure continuation of benefits for City employees; and WHEREAS, on November 18, 2025, the City Council received a Staff Report analyzing workers’ compensation program alternatives and subsequently approved the City’s transition to a self-funded workers’ compensation model beginning January 1, 2026, supported by a third -party administrator and excess workers’ compensation insurance, and authorized the City Manager to take all necessary implementation actions; and WHEREAS, California Labor Code section 3700 et seq. and Title 8, California Code of Regulations section 15200 et seq. authorize public entities to self-insure for workers’ compensation liabilities, subject to the approval of the Director of Industrial Relations; and WHEREAS, it is necessary and appropriate for the City Council to formally declare the City’s assumption of liability as a self-insured employer. NOW, THEREFORE, BE IT RESOLVED that, effective January 1, 2026, the City Council declares that the City of Dublin shall operate as a self-insured employer for workers’ compensation purposes and shall assume any and all liabilities arising under the California Workers’ Compensation Act, subject to applicable excess insurance coverage. BE IT FURTHER RESOLVED that the City Council affirms its intention to maintain appropriate excess insurance to cover statutory benefits above the City’s self-insured retention. BE IT FURTHER RESOLVED that the City Council authorizes the establishment and continued maintenance of a Workers’ Compensation Trust Fund for the purpose of paying claims and related expenses and authorizes initial and ongoing deposits consistent with expected obligations. BE IT FURTHER RESOLVED that the City Manager is authorized and directed to execute all agreements, filings, certifications (including the Certification Statement attached hereto as EXHIBIT A), Docusign Envelope ID: D7F33AEE-962E-49AC-8904-995449B6EF2E Reso. No. 101-25, Item 5.7, Adopted 12/02/2025 Page 2 of 2 records transfers, and administrative actions necessary to implement and maintain the City’s status as a self-insured employer, including required filings with the State of California Office of Self-Insured Plans. PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this 2nd day of December, 2025 by the following vote: AYES: Councilmembers Josey, McCorriston, Morada, Qaadri and Mayor Hu NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk Docusign Envelope ID: D7F33AEE-962E-49AC-8904-995449B6EF2E Exhibit A to the Resolution CITY MANAGER CERTIFICATION STATEMENT Pursuant to Title 8, California Code of Regulations, Section 15211 et seq. City of Dublin Application for Public Entity Workers’ Compensation Self-Insurance Authority I, Colleen Tribby, City Manager for the City of Dublin, hereby certify the following: 1. Authority to Bind the City I am duly authorized to execute and submit the City of Dublin’s application to the California Office of Self-Insurance Plans (OSIP) to obtain a Certificate of Consent to Self-Insure workers’ compensation liabilities pursuant to Labor Code §3700 and Title 8 California Code of Regulations §15200, et seq. 2. Assumption of Liability The City of Dublin expressly assumes and accepts full legal responsibility for the payment of any and all workers’ compensation claims and benefits arising under the California Workers’ Compensation Act for its employees, as required by Labor Code §3700, subject to applicable excess insurance coverage. 3. Financial Capacity / Funding Commitment The City has the financial capacity to administer a self-insured workers’ compensation program and commits to funding all workers’ compensation liabilities including, but not limited to, temporary disability, permanent disability, medical benefits, vocational rehabilitation, death benefits, administrative costs, investigation, legal defense, and claims adjusting costs. 4. Establishment of a Dedicated Fund The City has established or will establish a dedicated workers’ compensation trust fund for the payment of claims, costs, and benefits, and will maintain funding levels consistent with actuarially estimated obligations. 5. Program Administration The City will administer claims through a third-party administrator duly licensed to administer workers’ compensation claims in the State of California, and will ensure compliance with all statutory and regulatory reporting requirements. 6. Compliance Commitment The City agrees to comply with all rules, regulations, forms, data reporting requirements, audits, and investigations of OSIP. 7. Accuracy of Information All information included in the application and supporting documents is true, accurate, and complete to the best of my knowledge. Executed this _____ day of _____________________, 2025 in Dublin, California. _______________________________ Colleen Tribby City Manager, City of Dublin Docusign Envelope ID: D7F33AEE-962E-49AC-8904-995449B6EF2E