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HomeMy WebLinkAboutResolution - 1997 - Interlocal Agreement - TML JSI Fund - Insurance Coverage - 04/11/1985DGV:da RESOLUTION Resolution #1997 April 11, 1985 Agenda Item #35 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Agreement and associated documents with the Texas Municipal League Joint Self -Insurance Fund for insurance coverage for the City of Lubbock, a copy of which agreement is attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 11th day of April , 1985. ATTEST: , uity beer APPROVED AS TO CONTENT: Robert Massengale, PXsistant City Manager APPROVED AS TO FORM: Don -ala U. Vanalver, City Attorney TEXAS MUNICIPAL LEAGUE JOINT SELF-INSURANCE FUND 1020 Southwest Tower, Austin, Texas 78701 INTERLOCAL AGREEMENT Resolution #1997 This Contract and Interlocal Agreement is entered into by and between political subdivisions of this state (hereinafter referred to as "Fund Members") to form a joint self-insurance pool to be named the Texas Municipal League Joint Self -Insurance Fund (hereinafter referred to as the "Fund") for the purpose of providing coverages against risks which are inherent in operating a political subdivision including, but not limited to, general and automobile liability coverage, personal injury liability coverage, errors and omissions liability coverage, owned or leased aircraft liability coverage, non -owned aircraft liability coverage, hangarkeepers liability coverage, commercial airport liability coverage, medical malpractice liability coverage, comprehensive property coverage and automobile physical damage coverage. WITNESSETH: The undersigned Fund Member, in accordance with the Interlocal Cooperation Act, Article 4413(32c), T.R.C.S., and the interpretation thereof by the Attorney General of the State of Texas (Opinion #MW -347, May 29,1981), and in consideration of other Fund Members executing like agreements, does hereby agree to become oneof the Fund Members of this self-insured pool. The conditions of membership agreed upon by and between the parties are as follows: 1. Definition of terms used in this Interlocal Agreement. a. ALLOCATED CLAIMS EXPENSE. Those customary claims expenses such as but not limited to contracted legal services, court costs, expert analysis and/or witnesses not directly provided and borne by the Servicing Contractor, and which will be borne by the Fund and charged to the claims file. b. BOARD. Refers to the Board of Trustees of the Texas Municipal League Workers' Compensation Joint Insurance Fund and the Texas Municipal League Joint Self -Insurance Fund. c. EXPERIENCE MODIFIER. Refers to the factor applied to the manual rates that reflects the political subdivision's loss experience. d. FUND MODIFIER. A percentage figure that is applied to the standard rates by the Fund to reflect the savings to the Fund Member by entering into the Interlocal Agreement. e. FUND YEAR. October 1 through September 30. f. LIMITS OF LIABILITY. (1) As respects self-insurance under the TML Municipal Liability Self -Insurance Plan, refers to that Limit of Liability designated in this Interlocal Agreement and which applies on a combined single limit of liability basis to the combined loss and allocated claims expense incurred from a single occurrence or wrongful act or direct loss under any one of the Coverages, separately and individually as further defined by the TML Municipal Liability Self -Insurance Plan. It is further agreed that the legal obligation of the Fund for each of the following coverages, separately and individually, regardless of the number of claims made for injury, wrongful acts, or direct loss or damage during a Fund year shall not exceed the amounts specified in the Limits of Liability section of the Interlocal Agreement: completed operations and products hazards, contrac- tual, independent contractors, manufacturers and contractors property damage, operation of non -owned aircraft, operation of health care facilities, errors and omissions liability, owned or leased aircraft liability, and hangarkeepers liability coverage. For the purpose of determining the limit of the Fund's liability, all injury, wrongful acts, direct loss or damage arising out of continuous or repeated exposure to the same general conditions shall be considered as arising out of one occurrence. Further, regardless of the number of claims made and suits brought against any or all persons or organizations for whom coverage is afforded for this Fund Member, the total limits of liability of the Fund for damages resulting from any one occurrence shall not exceed the amount specified in this Interlocal Agreement. (2) As respects self-insurance under the TML Municipal Property Self -Insurance Plan, refers to those limits designated in the Interlocal Agreement. g. MANUAL RATES. Basic rates applicable to each liability classification promulgated by the State Board of Insurance. h. PART [-Liability Coverage. Comprehensive General Liability and Comprehensive Automobile Liability Cover- age, Personal Injury Liability and Errors and Omissions Liability Coverage, Non -Owned Aircraft Liability Coverage, Hangarkeepers Liability Coverage, as further defined in the TML Municipal Liability Self -Insurance Plan. i. TML MUNICIPAL LIABILITY SELF-INSURANCE PLAN. The document that sets forth in exact detail the cover- ages provided under Part I. Rev. 10-1-84 j. PART II -Automobile Physical Damage Coverage as further defined in the TML Municipal Property Self - Insurance Plan. k. PART 111 -Property Coverage. The Comprehensive Property coverage as further defined in the TML Municipal Property Self -Insurance Plan. I. TML MUNICIPAL PROPERTY SELF-INSURANCE PLAN. The document that sets forth in exact detail the coverages provided under Parts II and III. m. PREMIUM and CONTRIBUTION. Used interchangeably in some parts of this Interlocal Agreement. "Pre- mium" is used to identify the rating formulas established by the State Board of Insurance, which are used as guidelines to establish Fund Members' cash contributions to the Fund. Any reference at any time in this Interlocal Agreement to an insurance term not ordinarily a part of self-insurance shall be deemed for convenience only and is not construed as being contrary to the self-insurance concept except where the context clearly indicates no other possible interpretation such as but not limited to the reference to "reinsurance." n. REIMBURSABLE DEDUCTIBLE. As respects the TML Municipal Liability Self -Insurance Plan, the amount paid by the fund that was chosen by this Fund Member to be applicable to the first monies paid by the Fund to effect judgment or settlement of any claim or suit. The Fund Member, upon notification of the action taken, shall promptly reimburse the Fund for all or such part of the deductible amount as has been paid by the Fund. Further, however, the Fund's obligation to pay damages shall be subject to the Limits of Liability stated in this Interlocal Agreement less the stated deductible amount. o. SERVICING CONTRACTOR. Johnson & Higgins of Texas, Inc. p. STANDARD RATE. Rate that is determined by applying the experience modifier of each individual Fund Member, where applicable, to the manual rates. 2. In consideration of the execution of this Agreement by and between the Member and the Fund and of the contributions of the Member, the insurance elected by the Member is afforded according to the terms of TML Municipal Liability Self -Insurance Plan and the TML Municipal Property Self -Insurance Plan. The affirmative election by the Member in this Agreement determines the applicability of the following Coverage Parts: Part I — Liability Coverage Comprehensive General Liability Coverage Comprehensive Automobile Liability Coverage Personal Injury Liability Coverage Errors and Omissions Liability Coverage Coverage Addendum I Non -Owned Aircraft Liability Coverage* Hangarkeepers Liability Coverage* Part II — Automobile Physical Damage Part Ill — Comprehensive Property Coverage *These coverages are provided through a blanket insurance policy by the servicing contractor. Each Fund Member agrees to adopt and accept the coverages, provisions, terms, conditions, exclusions and limitations as further provided for in the TML Municipal Liability Self -Insurance Plan and/or the TML Municipal Property Self -Insurance Plan and/or specifically modified by the Fund Member's Interlocal Agreement. This Interlocal Agreement shall be construed to incorporate the TML Municipal Liability Self -Insurance Plan and/or the TML Municipal Property Self -Insurance Plan and any addenda to this I nterlocal Agreement whether or not physically attached hereto. 3. It is understood that by participtaing in this self-insurance pool to cover liability exposure, the Fund Member does not intend to waive any of the immunities that its officers or its employees now possess. The Fund Member recognizes the Texas Tort Claims Act and its limitations to certain governmental functions as well as its monetary limitations and that by executing this agreement does not agree to expand those limitations. The Fund Member, upon the execution of this agreement, shall supply the Fund with a current copy of its charter provisions or ordinance that sets out its requirement as to the number of days in which a third party liability claim must be asserted against it. If the Fund Member does not have such an ordinance provision that establishes a set number of days or if it has an ordinance provision which provides for more than 60 days notice the Fund Member agrees to adopt an ordinance providing for no more than 60 days notice reasonably describing the damage or injury claimed and the time, manner and place of the incident from which it arose. The notice requirement shall not be changed by the Fund Member without first giving the Fund 30 days written notice. Violation of this provision may, at the Fund's discretion, void this Interlocal Agreement. Rev. 10-1-84 4. The term of this Contract shall be for a term commencing 12:01 a.m. on the date as designated in the Declarations of this Agreement and terminating 12:01 a.m. October 1,1986; unless the same is sooner terminated by 60 days written notice of intent to terminate by either party unless otherwise specified under the terms and agreements of this Contractor by the Bylaws of the Fund. The fund will have the right to terminate this agreement only for a Member's noncompliance with paragraphs 3, 5, 7 and 10 or the Fund's inability to maintain the provisions in paragraph 6. 5. Commensurate with the execution of this agreement and annually thereafter, the Fund Membershall complete the appropriate application form(s) and new annual contributions shall be calculated. Intentional or reckless misstate- ments made on the application form shall be grounds for cancellation. The'rates established by the State Board of Insurance shall be applied where practicable to arrive at a manual premium. As respects the TML Municipal Liability Self -Insurance Plan, if the Fund Member has established, through experi- ence, a modifier, then the experience modification shall be used, where applicable, to arrive at the standard premium to be paid by the Fund Member. In the absence of an earned experience modification for the fund Member, the manual rate as established by the State Board of Insurance in effect at the beginning of each Fund Year will be used as.a guide to produce a manual, as well as a standard, contribution. For those coverages for which State Board of Insurance rates are not promulgated or for rates that are filed for approval by the issuing insurance carrier, rates shall be developed by the Fund. The Fund modifier shall then be applied to the standard premium to produce the annual contribution that the Fund Member shall pay to the Fund. As respects the TML Municipal Property Self -Insurance Plan, rates shall be developed by the Fund. The Fund Member agrees to pay the annual contribution to the Fund in equal monthly installments, in advance, commencing at the beginning of this agreement, with subsequent installments due the first of each month thereafter, provided that if the payable annual contribution shall be less than $5,000, it shall be payable in equal quarterly installments, in advance, commencing at.the beginning of this agreement, with subsequent installments due the first of each quarter thereafter. In addition, the Fund Member agrees to pay all reimbursable deductibles upon receipt of statement. At the end of each and every Fund Year, there shall be submitted by the Fund Member the actual data shown on the application form as reflected by the books and records of the fund Member. The Fund reserves the right to audit the records of any Fund Member and adjust contributions accordingly. In the event that the Fund Member fails or refuses to make the payments including accrued interest as herein provided, the Fund reserves the right to terminate such Fund Member by giving them ten (10) days written notice and to collect any and all amounts that are earned pro rata for the period preceding contract termination. If the amounts owed, including reimbursable deductibles, have to be collected by suit, the Fund Member agrees to pay attorneys' fees and costs incurred in such suit. 6. The Fund shall maintain adequate protection from catastrophic losses to protect its financial integrity. Aggregate protection shall also be maintained to insure that the Member shall at no time be assessed. The Member's contributions shall be limited to that amount as calculated under this agreement. Subject to the provisions of the foregoing paragraph, the Board reserves the right to adjust the financial protection outlined above to maintain the fiscal soundness of the Fund. 7. The Fund has contracted with the Servicing Contractor to supply loss control services to the Fund -Members to assist them in following a plan of loss control that may result in reduced losses. The Servicing Contractor shall provide all of the services as provided in the service contract entered into by and between the Servicing Contractor and the Fund on behalf of the Fund Member. The Fund Member agrees that it will cooperate in instituting any and all reasonable loss control recommendations. In the event that the recommendations submitted by the Servicing Contractor on behalf of the Fund seem unreasonable, the Fund Member has a right to appeal to the Board of Trustees. The Board shall hear the objections of the Fund Member at its next regularly scheduled meeting and its decisions will be final and binding on all parties. 8. The Fund Member agrees that it will appoint a coordinator of department head rank, and that the Fund and its Servicing Contractor shall not be required to contact any other individual except this one person.. Any notice to or any agreements with the coordinator shall be binding upon the Fund Member. The Fund Member reserves the right to change the coordinator from time to time by giving written notice to the Fund and to the Servicing Contractor. 9. The Fund, through the Servicing Contractor employed by the Fund, agrees to handle and provide a defense for any and all claims covered under thisagreement after prompt notice has been given. The fund Member hereby appoints Servicing Contractor as its agent to act in all matters pertaining to processing and handling of liability claims covered under this agreement and shall cooperate fully in supplying any information needed or helpful in such defense. Servicing Contractor shall carry on all negotiations with the claimant and his attorney and negotiate within authority previously granted by the Fund. If a personal appearance by the Fund Member or an employee is necessary, the expense of this appearance will not be the responsibility of the Fund; the Servicing Contractor will retain and supervise legal counsel for the prosecution and defense of any litigation. All decisions on individual cases shall be Rev. 10-1-84 made by the Fund through the Servicing Contractor, which includes the decision to appeal or not to appeal. However, any Fund Member shall have the right in any case to consult with the Fund on any decision made by the Servicing Contractor. The Board shall hear the objections of the Fund Member at its next regularly scheduled meeting and their decision will be final and binding on all parties. Any suit brought or defended by the Servicing Contractor and the Fund shall be brought or defended only in the name of the Fund Member and/or its officers or employees. There shall be supplied periodically to each Fund Member a computer printout involving a statement of claims. As respects the TML Municipal Liability Self -Insurance Plan, the Fund shall have priority in enforcing its subrogation claims as against claims of Fund Members except as to claims of the Texas Municipal League Workers' Compensation Joint Insurance Fund, which shall take preference. 10. The Fund Member acknowledges that it has received a copy of the Bylaws of the Fund and agrees to abide by the Bylaws and any amendments thereto. The Fund Member specifically acknowledges that it is a member in good standing of theTML Workers' Compensation Joint Insurance Fund and will remain a participant in that Fund during the term of this Interlocal Agreement. 11. The Fund agrees that all Fund transactions will be annually audited by a nationally recognized certified public accounting firm. 12. If legally required, the Fund shall file the necessary tax forms with the Internal Revenue Service. 13. As the administrators of the Self -Insurance Fund, the Board shall primarily and constantly keep foremost in their deliberations and decisions in operating the Fund that each of the participating Fund Members is a "self-insured." At least annually, the Board shall carefully review, study and consider the actual claims or loss experience (including reserves for future claims payments) of each of the Fund Members, the experience rating modification developed or earned by each of the Fund Members, the pro rata saving to the Fund resulting from overall loss experience attributed to each Fund Member, and the pro rata portion of the cost of all catastrophic loss protection reinsurance and aggregate stop loss reinsurance allocated to each Fund Member as well as the pro rata allocation, as determined by the Board of the other and necessary administrative expenses of the Fund, in order to reasonably determine the actual pro rata cost, expense and loss experience of each Fund Member in order to maintain as nearly as possible an equitable and reasonable "self-insurance" administration of the Fund as applied to each Fund Member. The Fund shall maintain case reserves and supplemental reserves computed in accordance with the standard actuarial principles, taking into account historical and other data, designed to measure claims development and claims incurred but not yet reported, so that funds will be available to meet these claims as they become due. The Fund shall also establish and maintain a reserve for Return of Contributions to insure further the fiscal integrity of the Fund in the event of a potential adverse loss development. Rev. 10-1-84 f Texas Municipal League Joint Self -Insurance Fund INTERLOCAL AGREEMENT DECLARATIONS City of LUBBOCK The undersigned FUND MEMBER adopts those coverages, limits, and deductibles as indicated below and rejects those so indicated. COVERAGES AVAILABLE ADO"aefecr, LIMITS Per Coverage DEDUCTIBLES Per Coverage PART 1 -LIABILITY COVERAGE Comprehensive General Liability Coverage Each Occurrence ® ❑ O $1,000,000 ❑ No Ded Comprehensive Automobile Liability Coverage M$11.000,000 O s500 120.000 Each Occurrence (PI) Personal Injury Liability Coverage (PI) ® ❑ Each Wrongful Act (E&O) Errors & Omissions Liability Coverage (E&O) M$1,000 ❑s Non -Owned Aircraft Liability Coverage O W $ $ Hangarkeepers Liability Coverage ❑ 18 $ $ Special Provisions Refer to Addendum No. PART 11— AUTOMOBILE PHYSICAL DAMAGE COVERAGE Private Passenger (PP) Comprehensive ❑ Actual Cash Value or Specified Perils ❑ 0 Collision ❑ 29 All Other Auto (AOA) Each Vehicle Comprehensive ❑ ® ❑ s500 or ❑ $1,000 Specified Perils ❑ ® 13$ Collision ❑ Fleet Automatic PP ❑ (Non -Reporting Basis) AOA ❑ Vehicles with Values PP ❑ excess of $ AOA' O 13 (Non -Reporting Basis) Vehicles Model Year PP ❑ old and newer . AOA ❑ (Non -Reporting Basis) Vehicles as listed in PP O Addendum No. AOA ❑ l2 (Reporting Basis) Special Provisions Refer to Addendum No. Rev. 10-1-84 COVERAGES AVAILABLE ADOPT REJECT LIMITS Per Coverage DEDUCTIBLES Per Coverage PART III — COMPREHENSIVE PROPERTY COVERAGE PERILS INSURED All Risks Coverage ❑ ® $ Blanket Each (excluding Flood and Earthquake) Each Occurrence Named Perils Coverage Option ❑ 13 Occurrence 13$1,000 13 It $1,000,000 Transit Coverage Included or the Blanket Limit Which Ever is Less Included in Each Occurrence 0 ® Blanket Limit Subject to ❑ $10,000 Flood & Earthquake Coverage Option $ 13$ - Annual Aggregate Boiler & Machinery Coverage Each Occurrence Option A ❑ -12 ❑ $1,000 Option B -See Addendum No. ❑ IN $ ❑ $ Option C -See Addendum No. ❑ IR VALUATION Actual Cash Value ❑ 1 Replacement Cost Option ❑ Other-Seq Addendum No. ❑ PROPERTY INSURED Real and Personal Property ❑ Electronic Data Processing Equipment Coverage Option (All Risk Coverage) ❑ Automobile Catastrophe Coverage Option (Vehicles Parked on Owned or Controlled Premises) ❑ 99 MOBILE EQUIPMENT (All Risk Coverage) All Equipment -Blanket Basis ❑ 1 (Non -reporting Basis) All Equipment with Values Excess ❑ of $ (Non -reporting Basis) All Equipment as listed in ❑ Addendum No. (Reporting Basis) $1,000AW or the Blanket Limit Which Newly Acquired Property and Property Included in the Course of Construction Ever Is Less Rev. 10-1-84 VV COVERAGES AVAILABLE ADOPT REJECT LIMITS Per Coverage DEDUCTIBLES Per Coverage PROPERTY INSURED SUBJECT TO SUB -LIMITS Sub -Limits (Sub -Limits Included in Blanket Limit) Valuable Papers & Records including EDP Media Included 0:10,000 (All Risk Coverage including Flood & Earthquake) ❑ $ ❑ $10,000 Accounts Receivable Included (All Risk Coverage including Flood & Earthquake) 13$ ❑ $25,000 Loss of Revenues, Extra Expense and Rental Value Included ❑$ Personal Effects Included ❑ $5,000 ❑$ $250 each Outdoor Trees & Shrubs Included $10,000 Maximum Each Occurrence Leasehold interest Included 13$5,000 ❑$ $ Fine Arts ❑ M (All Risk Coverage including Flood & Earthquake) Special Provisions Refer to Addendum No. ADDITIONAL COVERAGES Refer to Addendum No. COORDINATOR FOR FUND MEMBER (to be completed by city) Name Title Mailing Address Street Address (if different from above) City Zip Phone By Titlt Date April 11, 1985 Effective Date of this Agreement 1()-1,84 Contract No. CO263 By Fund Secretary Date �y - z5 7 Rev. 10-1-84 4' Resolution #1997 TEXAS MUNICIPAL LEAGUE JOINT SELF-INSURANCE FUND 1020 Southwest Tower, Austin, Texas 78701 INTERLOCAL AGREEMENT This Contract and Interlocal Agreement is entered into by and between political subdivisions of this state (hereinafter referred to as "Fund Members") to form a joint self-insurance pool to be named the Texas Municipal League Joint Self -Insurance Fund (hereinafter referred to as the "Fund") for the purpose of providing coverages against risks which are inherent in operating a political subdivision including, but not limited to, general and automobile liability coverage, personal injury liability coverage, errors and omissions liability coverage, owned or leased aircraft liability coverage, non -owned aircraft liability coverage, hangarkeepers liability coverage, commercial airport liability coverage, medical malpractice liability coverage, comprehensive property coverage and automobile physical damage coverage. WITNESSETH: The undersigned Fund Member, in accordance with the Interlocal Cooperation Act, Article 4413(32c), T.R.C.S., and the interpretation thereof by the Attorney General of the State of Texas (Opinion #MW -347, May 29,1981), and in consideration of other Fund Members executing like agreements, does hereby agree to become one of the Fund Members of this self-insured pool. The conditions of membership agreed upon by and between the parties are as follows: 1. Definition of terms used in this Interlocal Agreement. a. ALLOCATED CLAIMS EXPENSE. Those customary claims expenses such as but not limited to contracted legal services, court costs, expert analysis and/or witnesses not directly provided and borne by the Servicing Contractor, and which will be borne by the Fund and charged to the claims file. b. BOARD. Refers to the Board of Trustees of the Texas Municipal League Workers' Compensation Joint Insurance Fund and the Texas Municipal League Joint Self -Insurance Fund. c. EXPERIENCE MODIFIER. Refers to the factor applied to the manual rates that reflects the political subdivision's loss experience. d. FUND MODIFIER. A percentage figure that is applied to the standard rates by the Fund to reflect the savings to the Fund Member by entering into the Interlocal Agreement. e. FUND YEAR. October 1 through September 30. f. LIMITS OF LIABILITY. (1) As respects self-insurance under the TML Municipal Liability Self -Insurance Plan, refers to that limit of liability designated in this Interlocal Agreement and which applies on a combined single limit of liability basis to the combined loss and allocated claims expense incurred from a single occurrence or wrongful act or direct loss under any one of the Coverages, separately and individually as further defined by the TML Municipal Liability Self -Insurance Plan. It is further agreed that the legal obligation of the Fund for each of the following coverages, separately and individually, regardless of the number of claims made for injury, wrongful acts, or direct loss or damage during a Fund year shall not exceed the amounts specified in the Limits of Liability section of the Interlocal Agreement: completed operations and products hazards, contrac- tual, independent contractors, manufacturers and contractors property damage, operation of non -owned aircraft, operation of health care facilities, errors and omissions liability, owned or leased aircraft liability, and hangarkeepers liability coverage. For the purpose of determining the limit of the Fund's liability, all injury, wrongful acts, direct loss or damage arising out of continuous or repeated exposure to the same general conditions shall be considered as arising out of one occurrence. Further, regardless of the number of claims made and suits brought against any or all persons or organizations for whom coverage is afforded for this Fund Member, the total limits of liability of the Fund for damages resulting from any one occurrence shall not exceed the amount specified in this Interlocal Agreement. (2) As respects self-insurance under the TML Municipal Property Self -Insurance Plan, refers to those limits designated in the Interlocal Agreement. g. MANUAL RATES. Basic rates applicable to each liability classification promulgated by the State Board of Insurance. h. PART 1 -Liability Coverage. Comprehensive General Liability and Comprehensive Automobile Liability Cover- age, Personal Injury Liability and Errors and Omissions Liability Coverage, Non -Owned Aircraft Liability Coverage, Hangarkeepers Liability Coverage, as further defined in the TML Municipal Liability Self -Insurance Plan. i. TML MUNICIPAL LIABILITY SELF-INSURANCE PLAN. The document that sets forth in exact detail the cover- ages provided under Part I. Rev. 10-1-84 ~ j. PART II -Automobile Physical Damage Coverage as further defined in the TML Municipal Property Self - Insurance Plan. k. PART III -Property Coverage. The Comprehensive Property coverage as further defined in the TML Municipal Property Self -Insurance Plan. I. TML MUNICIPAL PROPERTY SELF-INSURANCE PLAN. The document that sets forth in exact detail the coverages provided under Parts II and III. m. PREMIUM and CONTRIBUTION. Used interchangeably in some parts of this Interlocal Agreement. "Pre- mium" is used to identify the rating formulas established by the State Board of Insurance, which are used as guidelines to establish Fund Members' cash contributions to the Fund. Any reference at any time in this Interlocal Agreement to an insurance term not ordinarily a part of self-insurance shall be deemed for convenience only and is not construed as being contrary to the self-insurance concept except where the context clearly indicates no other possible interpretation such as but not limited to the reference to "reinsurance." n. REIMBURSABLE DEDUCTIBLE. As respects the TML Municipal Liability Self -Insurance Plan, the amount paid by the Fund that was chosen by this Fund Member to be applicable to the first monies paid by the Fund to effect judgment or settlement of any claim or suit. The Fund Member, upon notification of the action taken, shall promptly reimburse the Fund for all or such part of the deductible amount as has been paid by the Fund. Further, however, the Fund's obligation to pay damages shall be subject to the Limits of liability stated in this Interlocal Agreement less the stated deductible amount. o. SERVICING CONTRACTOR. Johnson & Higgins of Texas, Inc. p. STANDARD RATE. Rate that is determined by applying the experience modifier of each individual Fund Member, where applicable, to the manual rates. 2. In, consideration of the execution of this Agreement by and between the Member and the fund and of the contributions of the Member, the insurance elected by the Member is afforded according to the terms of TML Municipal Liability Self -Insurance Plan and the TML Municipal Property Self -Insurance Plan. The affirmative election by the Member in this Agreement determines the applicability of the following Coverage Parts: Part I — Liability Coverage Comprehensive General Liability Coverage Comprehensive Automobile Liability Coverage Personal Injury Liability Coverage Errors and Omissions Liability Coverage Coverage Addendum I Non -Owned Aircraft Liability Coverage* Hangarkeepers Liability Coverage' Part 11— Automobile Physical Damage Part Ill — Comprehensive Property Coverage *These coverages are provided through a blanket insurance policy by the servicing contractor. Each Fund Member agrees to adopt and accept the coverages, provisions, terms, conditions, exclusions and limitations as further provided for in the TML Municipal Liability Self-insurance Plan and/or the TML Municipal Property Self -Insurance Plan and/or specifically modified by the Fund Member's Interlocal Agreement. This Interlocal Agreement shall be construed to incorporate the TML Municipal Liability Self -Insurance Plan and/or the TML Municipal Property Self -Insurance Plan and any addenda to this Interlocal Agreement whether or not physically attached hereto. 3. It is understood that by participtaing in this self-insurance pool to cover liability exposure, the Fund Member does not intend to waive any of the immunities that its officers or its employees now possess. The Fund Member recognizes the Texas Tort Claims Act and its limitations to certain governmental functions as well as its monetary limitations and that by executing this agreement does not agree to expand those limitations. The Fund Member, upon the execution of this agreement, shall supply the Fund with a current copy of its charter provisions or ordinance that sets out its requirement as to the number of days in which a third party liability claim must be asserted against it. If the Fund Member does not have such an ordinance provision that establishes a set number of days or if it has an ordinance provision which provides for more than 60 days notice the Fund Member agrees to adopt an ordinance providing for no more than 60 days notice reasonably describing the damage or injury claimed and the time, manner and place of the incident from which it arose. The notice requirement shall not be changed by the Fund Member without first giving the Fund 30 dayswritten notice. Violation of this provision may, at the Fund's discretion, void this Interlocal Agreement. Rev. 10-1-84 4. The term of this Contract shall be for a term commencing 12:01 a.m. on the date as designated in the Declarations of this Agreement and terminating 12:01 a.m. October 1,1986; unless the same is sooner terminated by60 days written notice of intent to terminate by either party unless otherwise specified under the terms and agreements of this Contract or by the Bylaws of the Fund. The Fund will have the right to terminate this agreement only fora Member's noncompliance with paragraphs 3, 5, 7 and 10 or the Fund's inability to maintain the provisions in paragraph 6. 5. Commensurate with the execution of this agreement and annually thereafter, the Fund Member shall complete the appropriate application form(s) and new annual contributions shall be calculated. Intentional or reckless misstate- ments made on the application form shall be grounds for cancellation. The'rates established by the State Board of Insurance shall be applied where practicable to arrive at a manual premium. As respects the TML Municipal Liability Self -Insurance Plan, if the Fund Member has established, through experi- ence, a modifier, then the experience modification shall be used, where applicable, to arrive at the standard premium to be paid by the Fund Member. In the absence of an earned experience modification for the Fund Member, the manual rate as established by the State Board of Insurance in effect at the beginning of each Fund Year will be used as a guide to produce a manual, as well as a standard, contribution. For those coverages for which State Board of Insurance rates are not promulgated or for rates that are filed for approval by the issuing insurance carrier, rates shall be developed by the Fund. The Fund modifier shall then be applied to the standard premium to produce the annual contribution that the Fund Member shall pay to the Fund. As respects the TML Municipal Property Self -Insurance Plan, rates shall be developed by the Fund. The Fund Member agrees to pay the annual contribution to the Fund in equal monthly installments, in advance, commencing at the beginning of this agreement, with subsequent installments due the first of each month thereafter, provided that if the payable annual contribution shall be less than $5,000, it shall be payable in equal quarterly installments, in advance, commencing at the beginning of this agreement, with subsequent installments due the first of each quarter thereafter. In addition, the Fund Member agrees to pay all reimbursable deductibles upon receipt of statement. At the end of each and every Fund Year, there shall be submitted by the Fund Member the actual data shown on the application form as reflected by the books and records of the Fund Member. The Fund reserves the right to audit the records of any Fund Member and adjust contributions accordingly. In the event that the Fund Member fails or refuses to make the payments including accrued interest as herein provided, the Fund reserves the right to terminate such Fund Member by giving them ten (10) days written notice and to collect any and all amounts that are earned pro rata for the period preceding contract termination. If the amounts owed, including reimbursable deductibles, have to be collected by suit, the Fund Member agrees to pay attorneys' fees and costs incurred in such suit. 6. The Fund shall maintain adequate protection from catastrophic losses to protect its financial integrity. Aggregate protection shall also be maintained to insure that the Member shall at no time be assessed. The Member's contributions shall be limited to that amount as calculated under this agreement. Subject to the provisions of the foregoing paragraph, the Board reserves the right to adjust the financial protection outlined above to maintain the fiscal soundness of the Fund. 7. The Fund has contracted with the Servicing Contractor to supply loss control services to the Fund -Members to assist them in following a plan of loss control that may result in reduced losses. The Servicing Contractor shall provide all of the services as provided in the service contract entered into by and between the Servicing Contractor and the Fund on behalf of the Fund Member. The Fund Member agrees that it will cooperate in instituting any and all reasonable loss control recommendations. In the event that the recommendations submitted by the Servicing Contractor on behalf of the Fund seem unreasonable, the Fund Member has a right to appeal to the Board of Trustees. The Board shall hear the objections of the Fund Member at its next regularly scheduled meeting and its decisions will be final and binding on all parties. 8. The Fund Member agrees that it will appoint a coordinator of department head rank, and that the Fund and its Servicing Contractor shall not be required to contact any other individual except this one person. Any notice to or any agreements with the coordinator shall be binding upon the Fund Member. The Fund Member reserves the right to change the coordinator from time to time by giving written notice to the Fund and to the Servicing Contractor. 9. The Fund, through the Servicing Contractor employed by the Fund, agrees to handle and provide a defense for any and all claims covered under this agreement after prompt notice has been given. The Fund Member herebyappoints Servicing Contractor as its agent to act in all matters pertaining to processing and handling of liability claims covered under this agreement and shall cooperate fully in supplying any information needed or helpful in such defense. Servicing Contractor shall carry on all negotiations with the claimant and his attorney and negotiatewithin authority previously granted by the Fund. If a personal appearance by the Fund Member or an employee is necessary, the expense of this appearance will not be the responsibility of the Fund; the Servicing Contractor will retain and supervise legal counsel for the prosecution and defense of any litigation. All decisions on individual cases shall be Rev. 10-1-84 made by the Fund through the Servicing Contractor, which includes the decision to appeal or not to appeal. However, any Fund Member shall have the right in any case to consult with the Fund on any decision made by the Servicing Contractor. The Board shall hear the objections of the Fund Member at its next regularly scheduled meeting and their decision will be final and binding on all parties. Any suit brought or defended by the Servicing Contractor and the Fund shall be brought or defended only in the name of the Fund Member and/or its officers or employees. There shall be supplied periodically to each Fund Member a computer printout involving a statement of claims. As respects the TML Municipal Liability Self -Insurance Pian, the Fund shall have priority in enforcing its subrogation claims as against claims of Fund Members except as to claims of the Texas Municipal League Workers' Compensation Joint Insurance Fund, which shall take preference. ' 10. The Fund Member acknowledges that it has received a copy of the Bylaws of the Fund and agrees to abide by the Bylaws and any amendments thereto. The Fund Member specifically acknowledges that it is a member in good standing of the TML Workers' Compensation Joint Insurance Fund and will remain a participant in that Fund during the term of this Interlocal Agreement. 11. The Fund agrees that all Fund transactions will be annually audited by a nationally recognized certified public accounting firm. 12. If legally required, the Fund shall file the necessary tax forms with the Internal Revenue Service. 13. As the administrators of the Self -Insurance Fund, the Board shall primarily and constantly keep foremost in their deliberations and decisions in operating the Fund that each of the participating Fund Members is a "self-insured." At least annually, the Board shall carefully review, study and consider the actual claims or loss experience (including reserves for future claims payments) of each of the Fund Members, the experience rating modification developed or earned by each of the Fund Members, the pro rata saving to the Fund resulting from overall loss experience attributed to each Fund Member, and the pro rata portion of the cost of all catastrophic loss protection reinsurance and aggregate stop loss reinsurance allocated to each Fund Member as well as the pro rata allocation, as determined by the Board of the other and necessary administrative expenses of the Fund, in order to reasonably determine the actual pro rata cost, expense and loss experience of each Fund Member in order to maintain as nearly as possible an equitable and reasonable "self-insurance" administration of the Fund as applied to each Fund Member. The Fund shall maintain case reserves and supplemental reserves computed in accordance with the standard actuarial principles, taking into account historical and other data, designed to measure claims development and claims incurred but not yet reported, so that funds will be available to meet these claims as they become due. The fund shall also establish and maintain a reserve for Return of Contributions to insure further the fiscal integrity of the Fund in the event of a potential adverse loss development. Rev. 10-1-84 Texas Municipal League Joint Self -Insurance Fund INTERLOCAL AGREEMENT DECLARATIONS City of LUBBOCK The undersigned FUND MEMBER adopts those coverages, limits, and deductibles as indicated below and rejects those so indicated. COVERAGES AVAILABLEADOPT REJECT LIMITS Per. Coverage DEDUCTIBLES Per Coverage PART I — LIABILITY COVERAGE Comprehensive General Liability Coverage Each Occurrence ® ❑ ❑ $1 Am 000 ❑ No Ded Comprehensive Automobile Liability Coverage $11. 600.000 ❑ $500 ®$5000 Each Occurrence (PI) Personal Injury Liability Coverage (PI) ® ❑ Each Wrongful Act (E&O) Errors & Omissions Liability Coverage (E&O) 12$1,000 ❑$ Non -Owned Aircraft liability Coverage ❑ ® $ $ Hangarkeepers Liability Coverage ❑ ® S $ Special Provisions _ Refer to Addendum No. PART II — AUTOMOBILE PHYSICAL DAMAGE COVERAGE Private Passenger (PP) Comprehensive . ❑ M Actual Cash Value or Specified Perils ❑ 13 Collision ❑ All Other Auto (AOA) Each Vehicle Comprehensive ❑ ® ❑ $500 or Specified Perils ❑ ® ❑ $1,000 ❑ $ Collision ❑ Fleet Automatic PP ❑ IM (Non -Reporting Basis) AOA ❑ Ed Vehicles with Values PP ❑ excess of $ AOA ❑ (Non -Reporting Basis) Vehicles Model Year PP ❑ old and newer AOA ❑ (Non -Reporting Basis) Vehicles as listed in PP ❑ Addendum No. AOA ❑ (Reporting Basis) ISpecial Provisions Refer to Addendum No. I 5 Rev. 10-1-84 COVERAGES AVAILABLE AMFr ItEIECT LIMITS DEDUCTIBLES Per Coverage Per Coverage PART 111— COMPREHENSIVE PROPERTY COVERAGE PERILS INSURED All Risks Coverage ❑ ® $ Blanket (excluding Flood and Earthquake) Each Each Occurrence Named Perils Coverage Option ❑ ® Occurrence ❑ s1,000 ❑s sl,000,000 Transit Coverage Included or the Blanket Limit Which Ever is Less Included in Each Occurrence Flood & Earthquake Coverage Option O ® Blanket Limit Subject to ❑ s10,000 $ ❑ s Annual Aggregate Boiler & Machinery Coverage Each Occurrence Option A ❑ • ® ❑ s1 Ao0 Option B -See Addendum No. ❑ ® S ❑ s Option C -See Addendum No. ❑ VALUATION Actual Cash Value ❑ Replacement Cost Option ❑ Other -See Addendum No. ❑ 91 PROPERTY INSURED Real and Personal Property ❑ Electronic Data Processing Equipment Coverage Option (All Risk Coverage) ❑ (2 Automobile Catastrophe Coverage Option (Vehicles Parked on Owned or Controlled Premises) ❑ MOBILE EQUIPMENT (All Risk Coverage) All Equipment -Blanket Basis ❑ (Non -reporting Basis) All Equipment with Values Excess ❑ of S (Non -reporting Basis) All Equipment as listed in ❑ Addendum No. (Reporting Basis) SlAW,000 or the Blanket limit Which Newly Acquired Property and Property Included in the Course of Construction Ever Is Less Rev. 10-1-M COVERAGES AVAILABLE ADO" MIECr LIMITS Per Coverage DEDUCTIBLES Per Coverage PROPERTY INSURED SUBJECT TO SUB -LIMITS (Sub -limits Included in Blanket Limit) Sub -Limits Valuable Papers & Records including EDP Media (Alt Risk Coverage including Flood & Earthquake) Included ❑ 510,000 ❑ t ❑ S10,000 0$ Accounts Receivable (All Risk Coverage including Flood & Earthquake) Included 0$25,000 Loss of Revenues, Extra Expense and Rental Value Included ❑$ ❑:5,000 Personal Effects Included 13 $250 each Outdoor Trees & Shrubs Included $10,000 Maximum Each Occurrence Leasehold Interest included ❑ 55,000 ❑$ 5 Fine Arts ❑ ® (All Risk Coverage including Flood & Earthquake) Special Provisions Refer to Addendum No. ADDITIONAL COVERAGES Refer to Addendum No. COORDINATOR FOR FUND MEMBER (to be completed by city) Name Rodney N_ Bouffard Title_ Assistant Director of Finance Mailing Address P. 0. Box 2000 Street Address (if different from above) 1625 13th Street City Lubbock Zip 79457 Phone 806-762-6411 Ext. 2227 By Authorized City Official Effective Date of this Agreement 10-1-84. By Contract No. CO263 Title Mayor Fund Secretary Date April 11, 1985 Date, o - rc)5 - "1 7 Rev. 10-1-84