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LIABILITY PROGRAM <br />BIG INDEPENDENT CITIES EXCESS POOL (BICEP) <br />Self-Insured Retention: $1,000.000.00 <br />Program Year: FY 2006-2007 <br />The Member, Santa Ana, hereby agrees to enter into and participate in the <br />Program of Coverage ("Program") as stated herein in accordance with the terms and <br />conditions as follows: <br />ARTICLE I <br />DEFINITIONS <br />The definitions of terms used in this Program shall be the same as those contained in <br />the Joint Powers Authority Agreement ("JPA") and the Bylaws of Big Independent Cities <br />Excess Pool ("BICEP"), unless otherwise expressly provided herein. <br />1.1 "Actuary" means a firm with at least one employee who is both a Fellow of the <br />Casualty Actuarial Society and a Member of the American Academy of Actuaries, which <br />firm is appointed by BICEP with the approval of at least a majority of the Board. <br />1.2 "Administrative Premium" means each Member's proportion of all administrative <br />costs of BICEP including, but not limited to, fees of any accountants, Actuary, attorneys, <br />Claims Auditor, financial auditors, general management, investments services, trustee <br />services, and all other necessary administrative costs of BICEP or charges required to <br />be paid by it in order to administer BICEP, as further set forth in Section 4.1.2.1 hereof. <br />1.3 "Case Reserves" means amounts in the Claims Payment Fund required to be <br />designated as reserves for payment of Settlements pursuant to Article III hereof in <br />accordance with prudent claims practice and the recommendations in the Claims <br />Auditor's annual report. Case Reserves will be adjusted to reflect any changed <br />circumstances subsequent to the year any Claim is filed and to reflect the amount by <br />which a Settlement exceeds or is less than reserves established for any Claim; <br />provided, however, that there shall be no Case Reserves established for a Claim or any <br />portion thereof within a Member's Self-Insured Retention or which is covered by <br />Insurance pursuant to Section 2.1.1 hereof. <br />1.4 "Claim(s)" means a demand(s) against a Member to recover for losses or <br />damages within or alleged to be within the scope of Coverage in accordance with <br />Section 2.1.below. <br />Liability Program <br />OS-31-06 <br />