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HomeMy WebLinkAboutResolution - 2015-R0211 - Agreement - Sanford And Tatum Insurance Co - Insurance Broker And Consulting - 06/25/2015Resolution No. 2015-RO211 Item No. 5.7 June 11, 2015 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Professional Services Agreement for property/casualty insurance broker and consulting services between the City of Lubbock and Sanford and Tatum Insurance Company of Lubbock, Texas, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. THAT the City Manager or designee may execute any routine documents and forms associated with said insurance coverage. Passed by the City Council on June 25, 2015 GLE4 e. A)fERTSON, MAYOR ATTEST: Rc cca Garza, City Secreta APPROVED AS TO CONTENT: i Quincy White�Wputy City Manager A1113ROVED AS TO FORM: 4ffl 4yor�� Je -lard el , Assistant City Attorney vw:ccdocs/RES.PSAgrmt-Sanford & Tatum May 28, 2015 Resolution No. 2015-R0211 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("Agreement') is entered into this 29th day of June, 2015, by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Sanford and Tatum Insurance Agency, Inc. (the "Broker/Consultant'), a Texas corporation. rlP/><PI*&9k1: WHEREAS, Broker/Consultant has substantial skill and experience in placement of property and casualty insurance for municipalities. WHEREAS, Broker/Consultant has demonstrated competence and qualifications to perform the Services, as defined below, and will perform the Services for a fair and reasonable price; WHEREAS, the City desires to contract with Broker/Consultant to perform services related to the Activities and Broker/Consultant desires to provide the services related to same. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Broker/Consultant agree as follows: ARTICLE I Services 1.01 Broker/Consultant shall conduct all activities and within such time frames, as set forth on Exhibit "A", "Scope of Services", attached hereto (the "Services"). ARTICLE II Compensation and Term 2.01 The consideration to be paid for the Services to be provided the City as described in Article I shall be $75,000 to be paid within ten (10) business days of the final execution of this Agreement and within ten (10) business days of the execution of the renewal hereof. Professional Services Agreement — Sanford & Tatum Insurance Page 1 of 11 2.02 ALL PLACEMENT OF COMMERCIAL INSURANCE FOR THE CITY SHALL BE NET OF COMMISSION TO THE BROKER/CONSULTANT AND ANY SUB -CONTRACTOR OR AGENT THEREOF, AND SHALL BE PURSUANT TO LOCAL GOVERNMENT CODE, CHAPTER 252.024, PURCHASING AND CONTRACTING AUTHORITY OF MUNICIPALITIES, AND OTHER APPLICABLE LAW. 2.03 This term of this Agreement shall be one year and may be renewed for two (2) additional one (1) year terms upon execution of a written agreement by the Broker/Consultant and the City Manager of the City, but shall not extend, in any case, beyond June 29, 2018. Additionally, the City or the Broker/Consultant may terminate this Agreement at any time by providing thirty (30) days written notice to the other, however, if the Broker/Consultant has completed the "Insurance Brokerage Services" outlined in Exhibit "A", the annual fee for that term is guaranteed to the Broker/Consultant by the City. ARTICLE III Independent Contractor 3.01 It is understood and agreed that Broker/Consultant is to perform the Services in a sound and professional manner and exercising the degree of care, skill, and diligence in the performance of the Services as is exercised by a professional Broker/Consultant under similar circumstances and Broker/Consultant hereby warrants to the City that the Services shall be so performed. Further, Broker/Consultant is and shall be considered at all times an independent contractor under this Agreement and/or in its service, hereunder. During the performance of the Services under this Agreement, Broker/Consultant and Broker/Consultant's employees will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules, or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury, or taxes of any kind. Professional Services Agreement— Sanford & Tatum Insurance Page 2 of 11 I"; 1111014AM Events of Default/Remedies 4.01 City's Defaults/Broker/Consultant's Remedies. In the event the City shall default in the performance of any term or provision of this Agreement for any reason other than failure by Broker/Consultant to perform hereunder, Broker/Consultant may, if said default shall be continuing after five (5) days notice of such default is deemed received by the City, exercise any right or remedy available to it by law, contract, equity, or otherwise. Broker/Consultant's Defaults/City's Remedies. In the event Broker/Consultant shall default in the performance of any term or provision of this Agreement for any reason other than failure by the City to perform hereunder, the City may, if said default shall be continuing after five (5) days notice of such default is deemed received by Broker/Consultant, exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, specific performance and/or the right to terminate this Agreement without additional notice. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. ARTICLE V Insurance/Indemnity 5.01 Broker/Consultant shall procure and carry, at its sole cost and expense through the life of this Agreement, insurance protection as hereinafter specified, in form and substance satisfactory to City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. Broker/Consultant shall obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability, and Professional Services Agreement—Sanford & Tatum Insurance Page 3 of 11 automobile liability coverage with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's Rating of A -VII or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: Professional Liability: Combined Single Limit: $1,000,000 General Liability: Combined Single Limit $1,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 The City shall be granted a waiver of subrogation under the Professional Liability and Automobile Liability policies. Broker/Consultant, or their agent, shall provide to the City evidence of coverage. Broker/Consultant shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the TEXAS LABOR CODE. Further, Broker/Consultant shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the TEXAS LABOR CODE to ensure that the Broker/Consultant maintains said coverage. The Broker/Consultant may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City of Lubbock. Broker/Consultant shall provide to the City evidence of coverage. If at any time during the life of the Agreement or any extension hereof, Broker/Consultant fails to maintain the required insurance in full force and effect, Broker/Consultant shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Professional services Agreement — Sanford 8 Tatum Insurance Page 4 of 11 ARTICLE VI Miscellaneous 6.01 The Broker/Consultant may engage other persons or consultants ("Sub -contractor") in order to perform all or part of the services outlined in Exhibit "A". Any expenses relating to the engagement of any Sub -contractor shall be the sole responsibility of the Broker/Consultant. 6.02 Broker/Consultant shall comply with all laws, statutes, regulations, ordinances, rules, and any other legal requirement related to, in any way, manner or form, the performance of the Services contemplated herein. 6.03 Any notice required by this Agreement shall be deemed to be properly served, if (i) provided in person or by telephonic facsimile; or (ii) deposited in the United States mail by certified letter, return receipt requested, addressed to the recipient at recipient's address shown below, subject to the right of either party to designate a different address by notice given in the manner just described. Notice shall be deemed to be received when delivered if provided in person or by telephonic facsimile or, if deposited in the United States mail, as set forth above, three (3) days after depositing such notice in the United States mail, as set forth above. For City: Risk Management P.O. Box 2000 Lubbock, Texas 79457 Facsimile: (806) 775-3316 W/ copy to: City Attorney P.O. Box 2000 Lubbock, Texas 79457 Facsimile: (806) 775-3307 Professional Services Agreement — Sanford & Tatum Insurance Page 5 of 11 For Broker/Consultant: Douglas Sanford, CIC, CRM, Co -Chief Executive Officer Sanford and Tatum Insurance Agency P. O. Box 64790 Lubbock,Texas 79464 Facsimile: (806) 792-9344 6.04 The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, the former shall control. 6.05 THIS AGREEMENT IS TO BE CONSTRUED UNDER TEXAS LAW WITHOUT REGARD TO CONFLICT OF LAW RULES THAT WOULD DIRECT APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION. THE OBLIGATIONS OF THE PARTIES CREATED BY THIS AGREEMENT ARE PERFORMABLE, AT LEAST IN PART, IN LUBBOCK COUNTY, TEXAS. VENUE FOR ANY ACTION BROUGHT PURSUANT TO THIS AGREEMENT, OR ACTIVITY CONTEMPLATED HEREBY, SHALL EXCLUSIVELY BE IN LUBBOCK COUNTY, TEXAS. 6.06 This Agreement represents the entire and sole agreement between the City and Broker/Consultant with respect to the subject matter hereof and supersedes any and all prior negotiations, understandings, representations or other agreements, whether written or oral. This Agreement may not be modified or amended except in writing and duly executed by each party hereto. Professional Services Agreement - Sanford B Tatum Insurance Page 6 of 11 6.07 Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between Broker/Consultant and the City. 6.08 If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary to render it valid and enforceable so long as said modification is reasonably within the intent the parties as originally expressed. In the event such provision may not be so modified, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in force and effect as if such provision had not been included in this Agreement. 6.09 Any and all documents, drawings and specifications prepared by Broker/Consultant as part of the Services hereunder, shall become the property of the City when Broker/Consultant has been compensated as set forth in Section 2.01, above. 6.10 A waiver by either City or Broker/Consultant of a breach of this Agreement must be in writing to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving party's rights with respect to any other or subsequent breach. 6.11 Neither City nor Broker/Consultant may assign this Agreement, in whole or in part, without the written consent of such assignment by the non -assigning party except as respects to Section 6.01 above. City and Broker/Consultant each bind itself or himself, their legal representatives and permitted assigns in respect to all provisions of this Agreement. 6.12 Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than City and Broker/Consultant. 6.13 Broker/Consultant represents and warrants to City that it has taken all actions necessary to authorize the party executing this Agreement to bind, in all respects, Professional Services Agreement - Sanford & Tatum Insurance Page 7 of 11 Broker/Consultant to all terms and provisions of this Agreement, and that such person possesses authority to execute this Agreement and bind Broker/Consultant hereto. 6.14 Broker/Consultant further represents and warrants to City that Broker/Consultant is properly and currently licensed by the State of Texas to undertake the activities contemplated by this Agreement, and will remain so licensed for the duration of the Agreement. Professional Services Agreement — Sanford & Tatum Insurance Page 8 of 11 IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives as of the date first written above. Sanford and Tatum Insurance Agency, Inc. Douglas Sa ord, CIC, CRM Co -Chief Executive Officer City of Lubbock ATTEST: Reb cca Garza, City Secretary APPROVED AS TO CONTENT: Quincy White, Deputy City Manager APPROVED AS TO FORM: Jeff Hartsell, Asst. City Atty Professional Services Agreement — Sanford & Tatum Insurance Page 9 of 11 Exhibit "A" Scope of Services A. Insurance Brokerage Services: 1 Represent insured in all negotiations with insurance providers on all Included issues including those related to premiums, plan designs and contracts. 2 Prepare applications and supporting documents based on data Included collected and direct input from the insured to solicit proposals for all subject insurance contracts. 3 Analyze and evaluate proposals received for renewals based on cost, Included claim payment procedures, customer service, carrier reputation and financial responsibility and any other unique or required features. 4 Recommend the most economical programs based on premium to Included transfer risk relative to the amount of risk retained. 5 Provide due diligence marketing report for each line of coverage marketed. Included B. Execution of Contracts and Agreements: 1 Ensure that contracts from insurance providers are executed as Included expeditiously as possible after award. 2 Review and be responsible for the accuracy and correctness, prior to Included delivery, of insurance contracts. 3 Work to resolve insurance company issues that may arise during the Included term of the contracts. C. Presentations and Meetings: 1 Make presentations to Executive Management and Council. Included 2 Present stewardship reports to Executive Management and Council as Included requested, at least twice annually. 3 Meet with Executive Management as needed for special or unique Included circumstances. 4 Meet as necessary with Risk Management to address progress of Included Scope of Services. D. Consultation: 1 Provide service for day -to day contact and advice on insurance Included matters as needed. 2 Assist City with risk transfer/retention and insurance requirement on Included contracts, leases and bonds as necessary. 3 Conduct bi-annual claim reviews to identify potential loss control Included measures that would be beneficial to the City. 4 Advise the insured of any "gaps" in coverage or inadequate coverage Included relative to the limited products that Sanford &Tatum are currently providing. Professional Services Agreement - Sanford & Tatum Insurance Page 10 of 11 Explore coverage options on coverages not currently purchased by City for review (subject to additional compensation agreed to by Broker/Consultant and City). Included E. Other Requirements 1 Performing required services on a timely basis. Included 2 Providing timely, comprehensive and understandable reporting. Included 3 Prepare certificate of insurance forms as requested. Included 4 Assist City with evaluation and selection of Third Party Administrators. Included 5 Obtain insurance company loss runs as requested by City Included Assist City with evaluation and selection of Risk Management 6 Insurance System (RIMS). Included TOTAL COMPENSATION FEE: $75,000.00 Total compensation fee based on current insurance contracts written through Sanford & Tatum Insurance listed in appendix A. Appendix A: Insurance contacts currently written for insured: 1 Municipal Package Excess Liability to include: General Liability, Automobile Liability, Law Enforcement Liability, Public Officials E & O, Employee Benefits Administration, and Employment Practices Liability. 2 Property Insurance 3 Property Insurance - Dam 4 Boiler and Machinery Insurance 5 Inland Marine Insurance 6 Crime Insurance 7 Airport Liability Insurance to include: Airport Owners Liability and Non - Owned Aircraft Liability 8 Pipeline Liability Insurance 9 Tenant User Lease Insurance Policy (TULIP) 10 Workers' Compensation Professional Services Agreement— Sanford & Tatum Insurance Page 11 of 11 .4COR0®CERTIFICATE OF LIABILITY INSURANCE `/ DATE IMM 1 12/10/2020144 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain Policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Sanford 6 Tatum Insurance Agency 6303 Indiana Ave. P.O. BOX 64790 Lubbock TX 79464 CONTACT Dee Bartlett : PHONE . (806)792-5564 1 NX 0.(806)792-9344 nDUAa .bartlettd@sanfordtatum. com INSUREFUS) AFFORDING COVERAGE NAICS INSURERAAcadia Insurance Co 31325 INSURED THE SANFORD AGENCY INC DBA SANFORD fi TATUM INSURANCE AGENCY P.O. BOX 64790 LUBBOCK TX 79464 INSURERB:TBXas Mutual Ins. Co. 22945 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:14/15 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILICY LTR TYPE OF INSURANCE ADDLSUBR POLICY NUMBER POLICY EFF EXP MMIDO/YYYY LIMITS GENERAL LABILITY EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurrence) $ 300,000 A X COMMERCIALGENERALLIABILITY CLAIMS -MADE OCCUR UPA4254860 2/31/2014 2/31/2015 MED EXP (My we parson) $ 5,000 PERSONALS ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP,OP AGO S 2,000,000 X POLICY PRO- LOC S AUTOMOBILE LIABILITY COMBINEDSINGLE LIMIT 1,000,000 BODILY INJURY (Per Peron) $ A X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS PA4254860 2/31/2014 2/31/2015 BODILY INJURY(PerscxdenO S HIRED AUTOS ANO O WNED PPReOPERdTY DAMAGE $ S UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I S B WORKERS COMPENSATION ANDEMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICE"EMBER EXCLUDED? (Mandeton, In NH) NIA SF0001173781 2/31/2014 2/31/2015 X WC STATU- 11" CRY E.L. EACH ACGDEW $ 1,000,000 E.L. DISEASE - EA EMPLOYEE S 11000,000 Ryes. describe under E.L. DISEASE -POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Aeech ACORD TOT, AddlUonal Remarks Schedule, B more space is required) THE GENERAL LIABILITY POLICY INCLUDES A BLANKET AUTOMATIC ADDITIONAL INSURED ENDORSEMENT THAT PROVIDES ADDITIONAL INSURED STATUS ONLY WHEN THERE IS A WRITTEN CONTRACT THAT REQUIRES SUCH STATUS. THE GENERAL LIABILITY POLICY INCLUDES A BLANKET AUTOMATIC WAIVER OF SUBROGATION ENDORSEMENT THAT PROVIDES THIS FEATURE ONLY WHEN THERE IS A WRITTEN CONTRACT THAT REQUIRES IT. creid@mylubbock.us CITY OF LUBBOCK PURCHASING AND CONTRACT MANAGEMENT 1625 13TH STREET LUBBOCK, TX 79401-3830 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Sanford/DAH --, . [oi GI:T:bLShL[d•TdZd•IT•S•T:7SiT•I: fr`pI1-1411 77rril INS025 rmtmsnT ArTnpn COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the tollowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an addi- tional insured on your policy. Such person or or- ganization is an additional insured only with re- spect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, In whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are com- pleted. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising Injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying ser- vices, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after. a. All work, Including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sureds) a1 the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 ® ISO Properties, Inc., 2004 Page 1 of 1 0 COMMERCIAL GENERAL LIABILITY CL CG 01 14 11 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY AMENDMENT OF PRIMARY AND EXCESS PROVISIONS (ADDITIONAL INSUREDS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph (v) is added to Paragraph (1)(a) of Paragraph b. Excess Insurance under Paragraph 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, as follows: (1) This Insurance is excess over. (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (v) That is available to any person or organization who has been added as an additional insured to this policy by endorsement. However, with respect to an additional insured added by endorsement for liability caused, in whole or in part: 1. By your acts or omissions, or the acts or omissions of those acting on your behalf (a) In the performance of your ongoing operations; or (b) In connection with your premises; or 2. By your maintenance, operation or use of equipment leased to you by such person or organization; this insurance shall be primary for such acts or omissions as described in subparagraphs (1)(a)(v)1. and (1)(a)(v)2. above if you and such additional insured have agreed prior to loss in a written contract or written agreement, In effect during this policy period, that this insurance be primary for same. When required by such written contract or written agreement, we will treat as "non-contributory" any other primary premises/operations liability insurance available to such additional insured for liability described in subparagraphs (1)(a)(v)1. and (1)(a)(v)2. above and for which such person or organization has been added as an additional insured by endorsement to this policy. However, this insurance, in all cases, is excess over any other liability insurance available to the additional insured to which such person or organization has been added as an additional insured by endorsement. B. With respect to the changes made by this endorsement, the following definition is added to Section V, DEFINITIONS: "Non-contributory" means that other insurance available to the additional insured will apply as excess and will not contribute as primary to the insurance provided by this endorsement. CL CG 01 14 11 10 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: City of Lubbock Purchasing and Contract Mgmt 1625 13th St Lubbock TX 79401-3830 Information required to complete this Schedule, if not shown above, will be shown in the Declarations The following is added to Paragraph S. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 COMMERCIAL AUTO CL CA 20 14 02 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ULTRA PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SUMMARY OF COVERAGE EXTENSIONS Paragraph No. Name Of Extension Limit or Included A. Additional "Insured" By Contract Or Agreement Included B. Airbags Coverage Extension Included C. Employees As Insureds Included D. Employee Hired Autos Included E. Hlred Auto Physical Damage Coverage (Limfted) $50,000 F. Knowledge Of Accident, Claim, Suit, Or Loss Included G. Limited Fellow Employee Coverage Included H. Limited Loan/Lease Gap Coverage $1,500 I. Limited Rental Reimbursement Coverage 45 Days Sublimits: 1. $50 Maximum Per Day - Private Passenger Auto 2. $75 Maximum Per Day - Other Than Private Passenger Auto 3. $2,250 Maximum Per Covered Loss J. Newly Formed Or Acquired Organizations Included K. Supplementary Payments - Increased Limits: 1. Bail Bonds $3,000 2. Loss Of Earnings (Per Day) $1,000 L. Towing And Labor Coverage Extension $75 M. Waiver Of Subrogation By Contract Or Agreement Included The above is a summary only. Please consult the specific provisions that follow for complete information on the extensions provided. If there is a conflict between this summary and the endorsement provisions that follow, the endorsement provisions shall prevail. CL CA 20 14 02 12 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 7 With its permission. •uolssliwed sll yllm Z6 Zo V! OZ Vo 13 •oul'eogl0 seovueS eouemsul to leuelew pely6pAdoo sapnloul G 10 Z aged *lied 96WBAOO •,o}ney pelamoo a to asn jo uogeiado jo Aollod slyl to ped a epew pue an Aq penss! inoA Aq 'ped ui jo a!oym ul 'pesneo luawesiopue alejedes a Aq pepimad ueaq Alleogloodse6ewep Apedoid„ sey (s6eJanon ;ueleminbe jo jegw!s Aue jo) jo ,Ajnlui Allpoq„ jol uogezluefLo aBeiemoo so;ny penH seaAoldw3 aleiadas io uosAed yons to Al!l!ga!l snoueolA l! Aldde lou seop so;ny paJIH eoAoldw3 eyl ueyl Jaylo aol uogezlueBjo O uols!Aoud sly} Aq papiolle eoueinsu! 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HIRED AUTO PHYSICAL DAMAGE COV- ERAGE (LIMITED) If hired "autos" are covered "autos" for Liability Coverage in this policy or coverage part, then such Physical Damage coverage that is provided in this policy or coverage part for your owned "autos" will be extended to certain "autos" you lease, hire, rent or borrow, subject to the following additional provisions: 1. This extension for Hired Auto Physical Damage Coverage (Limited) does not apply to: a. Any "auto" you lease, hire, rent or borrow that is a land vehicle that would qualify under the definition of "mobile equipment" under this policy or coverage part if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; b. Any "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (If you are a limited liability company) or members of their households; or c. Any other "auto" you lease, hire, rent, or borrow: (1) For a period of more than 30 days; or (2) With a driver. 2. Coverage The Physical Damage coverage provided will be: (a) With respect to Other Than Collision coverage: (1) Comprehensive Coverage if any covered "auto" owned by you has this coverage under this policy or coverage part; or, (2) Specified Causes Of Loss Coverage if, under this coverage part or policy, any covered "auto" owned by you has this coverage and no other covered "auto" owned by you has Comprehensive Coverage; and (b) Collision Coverage if any covered "auto" owned by you has this coverage under this policy or coverage part. 3. Limit Of Insurance The most we will pay in any one "loss" will be the lesser of: a. The actual cash value of the damaged or stolen "auto" as of the time of the "loss'; b. The cost to repair or replace the damaged or stolen "auto" with other property of like kind and quality; or C. $50,000, except that such amount will be reduced by a deductible as determined by paragraph E.4. below. 4. Deductible Our obligation to pay for, repair, return or replace such damaged or stolen covered hired "auto" will be reduced by a deductible for each coverage afforded under E.2.(a) and E.2.(b) above equal to the amount of the largest deductible applicable for that coverage to any covered "auto" owned by you. However, no deductible will apply to "loss" caused by fire or lightning. 5. Loss Of Use For any "auto" which is a covered "auto" under this extension E. Hired Auto Physical Damage Coverage (Limited), and subject to the coverages provided under paragraph E.2. Coverage above, we will also pay expenses for loss of use of such "auto", subject to the following additional provisions: a. Such "auto" is leased or rented under a written rental contract or agreement; b. Such loss of use is a direct consequence of a "loss" covered under this extension E. Hired Auto Physical Damage Coverage (Limited): (1) For which an "insured" is legally responsible; and (2) As a result of which the leasing or rental entity sustains a monetary loss; c. The most we will pay for any expenses for loss of use Is $300 per day, subject to a maximum of $2,100; and CL CA 20 14 02 12 Includes copyrighted material of Insurance Services Office, Inc. Page 3 of 7 with its permission. d. Paragraph b. Loss Of Use Expenses of Paragraph 4. Coverage Extensions of Paragraph A. Coverage contained in Section III - Physical Damage Coverage does not apply. 6. Other Insurance Coverage under this extension E. Hired Auto Physical Damage Coverage (Limited) will be excess over any other valid and collectible insurance available to the "insured", except that no coverage will be afforded if any physical damage coverage is provided for hired "autos" under Item Four - Schedule Of Hired Or Borrowed Covered Auto Coverage And Premiums in the Business Auto Declarations in this policy or coverage part (or which would have been provided except for the application of an exclusion). F. KNOWLEDGE OF ACCIDENT, CLAIM, SUIT, OR LOSS Sub -paragraph a. contained in Paragraph A.2. Duties In The Event Of Accident, Claim, Suit or Loss, of Section IV - Business Auto Conditions is replaced by the following: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident" or "loss" only when the "accident", claim, "sult" or "loss" is known to: 1. You, If you are an individual; 2. A partner, if you are a partnership; 3. A manager, if you are a limited liability company; or 4. An "executive officer' or the "employee" designated by you to give such notice, if you are an organization other than a partnership or a limited liability company. Include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any Injured persons and witnesses. G. LIMITED FELLOW EMPLOYEE COVERAGE Paragraph 5. Fellow Employee of Paragraph B. Exclusions contained in Section II - Liability Coverage is replaced by the following: S. Fellow Employee "Bodily Injury" to any fellow "employee" of the "Insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business. However, this exclusion does not apply to liability incurred by your "employees" that are "executive officers". Such coverage is excess over any other collectible insurance, and Paragraph 5. Other Insurance of Paragraph B. General Conditions under Section IV - Business Auto Conditions is changed accordingly. Any insurance provided by this provision G. Limited Fellow Employee Coverage does not apply if separate Fellow Employee Coverage (or any similar or equivalent coverage) has been provided by a separate endorsement issued by us and made a part of this policy or coverage part. As used in this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. Page 4 of 7 Includes copyrighted material of Insurance Services Office, Inc. CL CA 20 14 0212 with its permission. H. LIMITED LOAN/LEASE GAP COVERAGE Paragraph 4. Coverage Extensions of Paragraph A. Coverage contained in Section III - Physical Damage Coverage is amended to add the following: In the event of a covered total "loss" to a covered "auto" which Is either owned by you or is long- term leased by you for a period of 12 consecutive months or longer, we will pay any unpaid amount due on your loan or lease for such covered "auto", subject to the following additional provisions: 1. We will only pay the lesser of: a. The sum of such unpaid amount, less (1) The amount paid under the Physical Damage Coverage Section of the policy or coverage part; and (2) Any: (a) Overdue loanilease payments at the time of the 'loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the Lessor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carryover balances from previous loans or leases; or b. $1,500. 2. This extension does not apply to any "auto" that is a land vehicle that would qualify under the definition of "mobile equipment" under this policy or coverage part if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; 3. The insurance afforded for Limited Loan/Lease Gap Coverage in this exten- sion endorsement does not apply if separate Loan/Lease Gap Coverage is afforded for such covered "auto" in an endorsement Issued by us and made a part of this policy or coverage part. 1. LIMITED RENTAL REIMBURSEMENT COV. ERAGE We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of a covered physical damage "loss" to a covered "auto" you own, subject to the following additional provisions: 1. As used in this Rental Reimbursement Coverage provision, "auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads. However, "auto" does not Include: a. "Mobile equipment"; or b. Any other land vehicle that would qualify under the definition of "mobile equip- ment" under this policy or coverage part if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. 2. Payment applies in addition to the otherwise applicable amount of each coverage you have on the covered "auto". 3. No deductible applies to this coverage. 4. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the expiration date of the policy, with the lesser of the following number of days: a. The number of days reasonably required to repair or replace the covered "auto'; or b. 45 days 5. Our payment is limited to the lesser of the following amounts: a. Necessary and actual expenses incurred. b. (1) $50 per day for a "private passenger auto" or a "light truck"; (it) $75 per day for other than a "private passenger auto" or a "light trick", subject to a maximum of $2,250. 6. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. 7. Paragraph a. Transportation Expenses of Paragraph 4. Coverage Extension of Paragraph A. Coverage contained in Section 111 - Physical Damage Coverage, does not apply and is entirely deleted. CL CA 20 14 02 12 Includes copyrighted material of Insurance Services Office, Inc. Page 5 of 7 with its permission. 8. The insurance afforded for Limited Rental Reimbursement Coverage in this extension endorsement does not apply if separate Rental Reimbursement Coverage is issued by us as an endorsement and made a part of this policy or coverage part. 9. As used in this coverage: a. 'Private passenger auto" means a four- wheel auto of the private passenger or station wagon type; and b. "Light truck" means a pick-up or panel truck, sport utility vehicle or similar "auto", with a Gross Vehicle Weight (GVW) of 11,000 pounds or less. Gross Vehicle Weight (GVW) is the maximum loaded weight for which a single "auto" is designed, as specified by the manufacturer. J. NEWLY FORMED OR ACQUIRED ORGANI- ZATIONS The Named Insured shown in the Business Auto Declarations is amended to include any organization you newly form or acquire, other than: (t) a partnership, joint venture, or limited liability company; or (II) an organization excluded either by the provisions of this Coverage Part, or by endorsement, and over which you maintain ownership or majority Interest of more than 50%, subject to the following additional provisions: 1. This insurance does not apply to any newly formed or acquired organization that is an "insured" under any other automobile policy or would be an "insured" under such policy but for its termination or the exhaustion of Its Limit of Insurance. 2. Coverage under this provision does not apply to injury, damage, expense, or 'loss" that occurred before you formed or acquired the organization. 3. Coverage under this provision Is afforded only until the next anniversary date of this policys effective date after you acquire or form the organization, or the end of the policy period, whichever is earlier. K. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS The following changes are made to the Paragraph a. Supplementary Payments of Paragraph 2 Coverage Extensions of Paragraph A. Coverage contained in Section II - Liability Coverage: 1. The limit shown in Subparagraph (2) for the cost of bail bonds is changed from $2,000 to $3,000. 2. The limit shown in Subparagraph (4) for all reasonable expenses incurred at our request, Including actual loss of earnings because of time off work, is changed from $250 to $1,000 per day. L. TOWING AND LABOR COVERAGE EX- TENSION Paragraph 2. Towing of Paragraph A. Coverage under Section III - Physical Damage Coverage Is entirely replaced by the following: With respect to any "private passenger auto" or "light truck" you own that is provided both Comprehensive Coverage and Collision Coverage in this policy or coverage part, we will pay up to $75 for towing and labor costs incurred each time such "private passenger auto" or "light truck" is disabled, subject to the following additional provisions: 1. The labor must be performed at the place of disablement; 2. This coverage does not apply to stolen "autos". 3. If, at the time of disablement, such "private passenger auto" or 'light truck" is also a covered "auto" for the Physical Damage Towing And Labor coverage shown under Item Two of the Business Auto Declarations in this policy or coverage part, the most we will pay for each covered disablement is the greater of. a. The limit shown under Item Two in the Declarations, or b. $75 Page 6 of 7 Includes copyrighted material of Insurance Services Office, Inc. CL CA 20 14 02 12 with its permission. As used in this coverage: a. "Private passenger auto" means a four-wheel auto of the private passenger or station wagon type; and b. "Light truck" means a pick-up or panel truck, sport utility vehicle or similar "auto", with a Gross Vehicle Weight (GVW) of 11,000 pounds or less. Gross Vehicle Weight (GVW) is the maximum loaded weight for which a single "auto" is designed, as specified by the manufacturer. M. WAIVER OF SUBROGATION BY CONTRACT OR AGREEMENT The following is added to Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us contained in Section IV - Buslness Auto Conditions: Notwithstanding anything to the contrary in the previous paragraph, we waive any right of recovery we may have against a person or organization because of payments we make for "bodily Injury", "property damage" or "loss" arising out of the operation, maintenance, use, loading or unloading of a covered "auto" when you and such person or organization have agreed in writing in a contract or agreement to waive such right of recovery, provided: 1. Such written contract or agreement was: a. Made prior to the covered injury or damage; and b. In effect at the time of the covered injury or damage; and 2. The injury or damage arises out of the operations contemplated by such written contract or agreement, This waiver applies only to such person or organization designated in such written contract or agreement. CL CA 20 14 02 12 Includes copyrighted material of Insurance Services Office, Inc. Page 7 of 7 with its permission. WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC420304B TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the Insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our fight against the person or organization named in the Schedule, but this waiver applies only with respect to bodily Injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. { ) Speciflc Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver 2. Operations: 3. Premium The premium charge for this endorsement shall be 2 D0 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium INCLUDED, SEE INFORMATION PAGE, This endorsement changes the policy to which It Is attached effective on the Inception date of the policy unless a different date Is Indicated below. (The following "attach Ing clause" need be completed only when this endorsement Is Issued subsequent to preparation of the policy.) This endorsement, effective on at 12:01 A.M. standard time, forms a part of Policy No. TSF -0001173781 20141231 oftheTexas Mutual Insurance Company Issuedto THE SANFORD AGENCY INC DBA: SANFORD INSURANCE AGENCY Endorsement No. Premium $ A/wt7 /% NCCI Carder Code 29939 �-� Authorized Representative WC4203048 (ED. 6-01.2014) INSURED'S COPY OUSER 12-10-2014