HomeMy WebLinkAboutResolution - 1263 - Interlocal Agreement - TML JSIF - Liability Insurance - 11/11/1982DGV:cl
RESOLUTION
RESOLUTION 1263 - 11/11/82
WHEREAS,.the City Council of the City of Lubbock has considered proposals
to furnish insurance coverage desired by the City of Lubbock; and
WHEREAS, the City Council deems the best proposal for property insurance
be the proposal submitted by Sanford Agency with Commonwealth Lloyds as the
carrier; and
WHEREAS, the City Council deems the best proposal for liability insurance
to be the proposal submitted by the Texas Municipal League Joint Self Insuranc
Fund with Employers Casualty Company as the servicing contractor and Twin City
Fire/Old Republic as umbrella carrier; and
WHEREAS, the City Council of the City of Lubbock believes it to be in the
best interest of the citizens of the City of Lubbock to obtain insurance cover
age under the proposals set out above; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock is hereby authorized and directed to obtain prop-
erty insurance coverage under the proposal submitted by the Sanford Agency with
Commonwealth Lloyds as the carrier and liability insurance under the proposal
submitted by the Texas Municipal League Joint Self Insurance Fund with Employer
Casualty Company as the servicing contractor and Twin City Fire/Old Republic as
the umbrella carrier. The term of the property insurance policy shall be No-
vember 15, 1982, to October 1, 1985, the term of the liability insurance polici
shall be November 15, 1982 to October 1, 1983. A copy of the said proposals
shall be attached hereto and spread upon the minutes of the Council and 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 November 19 2.
Z4,4 6_�Aurgve
BIL McALISTER, MAYOR
AT -TEST:
Evelyn Ga fga, City e e y -Treasurer
APPROVED AS TO CONTENT:
X?4a4a.'--aAA
Robert Massengale, Assistant City Manager
APPROVED AS TO FORM:
G. Vandiver, Assistant City Attorney
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MUNICIPAL LIABILITY 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 "Liability Fund Members") to form a joint self-insurance pool to be named the Texas
Municipal League Municipal Liability Joint Self -Insurance Fund (hereinafter referred to as the "Liability Fund" or
"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, public officials' errors and omissions,
personal injury. owned or leased aircraft liability and hangarkeepers' liability.
WITNESSETH:
The undersigned Liability 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 Liability Fund Members executing like agreements, does hereby agree to
become one of the Liability 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 th6VAbility 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 Municipal Liability Joint Self-insurance Fund.
c. Experience Modifier—refers to the factor applied to the manual rates that reflects the political subdivi-
sion's loss experience, which is based on the State Board of insurance promulgated insurance plan.
d. Fund Modifier -75% that is applied to the standard rates by the Fund to reflect the savings to the Liability
Fund Member by entering into the interlocal Agreement.
e. Fund Year—October t through September 30.
f. Umits of Uability—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 a combination of Parts.
Divisions or Coverages as further defined by the TML Municipal Liability Self -Insurance Plan. It is further
agreed that the legal obligation of the Liability Fund to pay damages which arise out of the completed
operations and products hazards, advertising Injury, operation of non -owned aircraft, operation of health
care facilities, personal injury, public officials'errors and omissions, owned or leased aircraft liability, and
hangarkeepers' liability coverage shall not exceed the amount specified in the Limits of Liability section of
the Interlocal Agreement regardless of the number of claims made for injury, wrongful acts, or direct loss
or damage during a Fund year. For the purpose of determining the limit of the Liability 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 Liability Fund for damages resulting from
any one occurrence shall not exceed the amount specified in this Interlocal Agreement.
g. Manual Rates—the basic rates applicable to each classification promulgated by the State Board of
Insurance.
h. Part 1—general and automobile liability coverage as further defined in the TML Municipal Liability
Self -Insurance Plan.
I. Part 11—Public Officials' Errors and Omissions, Personal Injury coverage, Owned or Leased Aircraft
Liability and Hangarkeepers' Liability as further defined in the TML Municipal Liability Self -Insurance
Plan.
J. Premium and Contribution—are used interchangeably in some parts of this Interlocal Agreement.
"Premium" is used to identify the rating formulas established by the State Board of Insurance, which are
used as guidelines to establish Liability 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."
k. Reimbursable Deductible—the amount paid by the Fund that was chosen bythis Liability Fund Memberto
be applicable to the first monies paid by the Fund to effect judgment orsettlement of any claim orsuit. The
Liability Fund Member, upon notification of the action taken, shall promptly reimburse the Liability Fund
for all or such part of the deductible amount as has been paid by the Liability Fund. Further, however, the
Liability Fund's obligation to pay damages shall be subject to the Limits of Liability stated in this Interlocal
Agreement less the stated deductible amount.
I. Servicing Contractor—Employers Casualty Company.
m.Standard Rates—rate that is determined by applying the experience modifier of each individual Liability
Fund Member to the manual rates.
n. TML Municipal Liability Self -Insurance Plan—the document that sets forth in exact detail the coverages
provided under Part 1 and Part 11.
2. Each Liability 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
as specifically modified by the Fund Member's Interlocal Agreement. This Interlocal agreement shall be
construed to incorporate the TML Municipal Liability Self -Insurance Plan as if physically attached hereto.
3. It is understood that by participating in this self-insurance pool to cover liability exposure, the liability Fund
Member does not intend to waive any of the immunities that its officers or its employees now possess. The
Liability 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 Liability 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 Liability 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 Liability 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
Liability 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.
4. The term of this Contract shall be fora term commencing 12:01 a.m. January 1. 1982 unless a subsequent date
is designated elsewhere in this agreement, and terminating 12:01 a.m. October 1, 1984; unless the same is
sooner terminated by 60 days written notice of intent to terminate by either party unless otherwise specified
underthe terms and agreements of this Contract or by the Bylaws of the Fund. The Fund will have the right to
terminate this agreement only for non-compliance with paragraphs 3, 5, 7 and 10.
5. Commensurate with the execution of this agreement and annually thereafter, the Liability Fund Member shall
complete the application form. Misstatements 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. If the Liability Fund Member has established, through experience, a modifier,
then the experience modification shall be used, where applicable. to arrive at the standard premium to be paid
by the Liability Fund Member. In the absence of an earned experience modification for the Liability 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 of 75% shall then be
applied to the standard premium to produce the annual contribution that the Liability Fund Member shall pay
to the Fund. The Liability 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 payablein 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 Liability 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 liability Fund Member the actual data
shown on the application form as reflected by the books and records of the Liability Fund Member. The Fund
reserves the right to audit the records of any Liability Fund Member.
In the event that the Liability Fund Member fails or refuses to make the payments including accrued interest
as herein provided, the Liability Fund reserves the right to terminate such Liability Fund Member by giving 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 Liability Fund Member agrees to pay attorneys' fees and costs incurred in such suit.
6. The Fund shall maintain in force at all times Catastrophe Excess of Loss Reinsurance—with respect to Part I,
four million seven hundred thousand dollars ($4,700.000.00), and with respect to Part II, seven hundred
thousand dollars ($700,000.00) each excess of the Fund's Self -Insured Retention of three hundred thousand
dollars ($300,000.00) each occurrence and aggregate.
The Fund shall maintain in force at all times Aggregate Excess of Loss Reinsurance to protect the financial
integrity of the Fund—specifically to indemnify the Fund for any amount by which the Fund's aggregate
incurred expenses and losses reduced by amounts recovered or recoverable under Catastrophe Excess of
Loss Reinsurance exceed 105% of the Fund's aggregate standard premium reduced by premium cost ceded
for Catastrophe Excess of Loss Reinsurance, and reduced by Fund discounts and deductible credits during
the aggregate period ending October 1, 1984, subject to a maximum limit of five million dollars
($5.000,000.00).
The Fund shall not have responsibility for amounts that exceed those above described in Catastrophe Excess
of Loss and Aggregate Excess of Loss Reinsurance.
7. The Fund has contracted with the Servicing Contractor to supply safety engineering services to the Liability
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 Liability Fund Member. The Liability Fund
Member agrees that it will cooperate in instituting any and all reasonable safety recommendations. In the
event that the recommendations submitted by the Servicing Contractoron behalf of the Fund seem unreason-
able. the Liability Fund Member has a right to appeal to the Board of Trustees. The Board shall hear the
objections of the Liability Fund Member at its next regularly scheduled meeting and its decisions will be final
and binding on all parties.
8. The Liability Fund Member agrees that it will appoint a liability 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 liability coordinator shall be binding upon the Liability Fund
Member. The Liability 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.
8. 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 Liability 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 Liability Fund Member or an employee is necessary, the expense of this appearance will
not be the responsibility of the Fund. When appropriate, on behalf of and at the expense of the Fund, the
Servicing Contractor will retain and supervise legal counsel forthe prosecution and defense of any litigation.
All decisions on individual cases shall be made by the Fund through the Servicing Contractor, which includes
the decision to appeal or not to appeal. However, any Liability 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 Liability 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 Liability Fund Member and/or its officers or employees. There
shall be supplied periodically to each Liability Fund Member a computer printout involving a statement of
claims. The Fund shall have priority in enforcing its subrogation claims as against claims of Liability Fund
Members except as to claims of the Texas Municipal League Workers' Compensation Joint Insurance Fund,
which shall take preference.
10. The Liability 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 Liability 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 Liability 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 Liability Fund Members. the
experience rating modification developed or earned by each of the Liability Fund Members. the pro rata
savings to the Fund resulting from overall loss experience attributed to each Liability Fund Member, and the
pro rata portion of the cost of all catastrophic loss protection reinsurance and aggregate stop loss
reinsurance allocated to each Liability 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 Liability Fund Member in order to maintain as
nearly as possible an equitable and reasonable "self-insurance" administration of the Fund as applied to each
Liability Fund Member.
PROPERTY COVERAGE
ADDENDUM
The Texas Municipal League Joint Self -Insurance Fund (formerly named the Texas
Municipal League Municipal Liability Self -Insurance Fund) had, when establishing the
liability program, contemplated its extension to cover property exposures. Now having
completed that extension objective, herein presents and offers under the following
terms and conditions a plan of property coverages for political subdivisions of this
state.
WITNESSETH:
In adopting this addendum which is attached to the Interlocal Agreement, the
participating policital subdivisions hereby agree as follows:
1. Definition of additional terms used in this agreement
a. Part III - the Basic Property Coverage plan as further defined in the TML
Municipal Property Self -Insurance Plan,
b. Part IV - the Automobile and Mobile Equipment Physical Damage
Coverage plan as further defined in the TML Municipal Property Self -
Insurance Plan
c. Part V - the Crime Coverage plan as further defined in the TML
Municipal Property Self -Insurance Plan
d. Part VI - the Public Service Facilities Property Coverage plan as further
defined in the TML Municipal Property Self -Insurance Plan
e. Part VII - the Boiler and Machinery Coverage as further defined in the
TML Municipal Property Self -Insurance Plan
f. TML Municipal Property Self -Insurance Plan - the document that sets
forth in exact detail the coverages provided under Parts 111, IV, V, VI and
VII.
2. The coverages enumerated in the Interlocal Agreement shall include those
defined in Paragraph 1 a, b, c, d and a above.
3. To adopt all of the provisions of the Interlocal Agreement to which this
Addendum is attached, except where inconsistent or inapplicable where Part
I is not adopted but only to the extent that Part I is not adopted.
-2-
4.
2-
4. To adopt and accept the coverages, provisions, terms, conditions, exclusions
and limitations as further provided for in the TML Municipal Property Self -
Insurance Plan and/or as specifically modified by the participating Member's
Interlocal Agreement or Addendum. This Addendum shall be construed to
incorporate the TML Municipal Property Self -Insurance Plan as if physically
attached hereto.
5. Limits of Liability as respects self-insurance under the TML Municipal
Property Self -Insurance Plan are these limits designated in the Interlocal
Agreement and applies to the combined loss and allocated claims expense
incurred.
6. The contributions of the Member under the TML Municipal Property Self -
Insurance Plan are determined as set forth in the Plan and may be established
by means other than as set forth in Paragraph 5 of the Interlocal Agreement.
Also, provisions of Paragraph 5 regarding the schedule of payments of
contributions does not apply to the contributions payable under the TML
Municipal Property Self -Insurance Plan.
7. The provisions of Paragraph 6 of the Interlocal Agreement are not applicable
to the TML Municipal Property Self -Insurance Plan.
8. The reference to "liability coordinator" in. Paragraph 8 of the Interlocal
Agreement is amended to delete the word '.'liability" so that the person so
designated shall be the coordinator for combined property and liability fund.
9. The reference to "liability claims" on line 4 of Paragraph 9 of the Interlocal
Agreement is amended to delete the word "liability". Also, the last sentence
of Paragraph 9 is not applicable to subrogation claims arising from losses
under the TML Municipal Property Self -Insurance Plan.
INTERLOCAL AGREEMENT DECLARATIONS
CITYQp-tfiCK November 15 1982 1.
uWrber
reeaen ec ve ree+men
By .i TIL RXICIPAL SELF-INSURANCE FM
Coordinator for the Fund Vember Is:
Rodney N. Bouffard rman of Board of 7rustees
Name
P.O. Box 2000
rest
Lubbock, 79457 (806) 762-6411 Ext2227By
city p
those coverages* limits and deductibles a-. indicated below and rejects those so indicated:
The undersigned FUNO ►F_KSER adopts
COVERAGE OEOUCTtBtES
CCvERAGf.S AVAILABLE AWTED REJECTED LIMITS _
WT I GENERAL ACO AUT0108ILE LIABILITY COVERAGE E9 1351.000.000 [�
Ea�4eductlbte
.
❑ SS.o00.000 ❑ $600 Occurrence
�a
Per Specifications & TML Proposal ❑ Each
31000 Occurrence
a
U
Each
Q 52500 Occurrence
Each
O S5OD0
_
Occurrence
i
PART I1 OTHER LIABILITY COVERAGE
® [�
$1.000.000
Maxjpum
S1000 Each
Occurrence Or
Per Specifications & TML Proposal Per
Act
a
UMBRELLA LIABILITY
$10,000,000
1 0
PART III BASIC PROPERTY COVERAGE:
❑ ❑
Coverage L All Risk
13 ❑
(tamed Peril
Coverage mi Replacement
❑ ❑
B ENet on buis
Cost
❑
Personal property an
Coverage R Boller
❑
auxiliary structures
Coverage 0 Flood
❑ ❑
PARTS 111. IV
AND Y COFi9IN'cO
FART IV XnotCBILE AND l7JEILE EQUIPMENT
PHYSICAL DAMAGE COVERAGE
Comprehensive
Q ❑
Private Passenger Specified Perils
❑
Collision
Q [�
ercurrent
y,•
rehensive4
!n
:.)
All Other
rSpeciffed
Automotive PerilszEquipment
❑ Q
Actual Cash Value
>z~
ision
❑ ❑
EComprehensive
.J ❑
N
mobile Specified Perils
❑ ❑
EqutpntntCollision
13 11
❑
j—Fer
PART Y CRIME COVEPACE
osi s
❑ Refer to Addeneam 140.__.
PART VI PUBLIC SERV:CE FACILITIES
PROPERTY COVERIAGE
PAVII BOILER ASD Mi.CNItiEPY COVERAGE
� E3RT Refer to Addendum No.
CITYQp-tfiCK November 15 1982 1.
uWrber
reeaen ec ve ree+men
By .i TIL RXICIPAL SELF-INSURANCE FM
Coordinator for the Fund Vember Is:
Rodney N. Bouffard rman of Board of 7rustees
Name
P.O. Box 2000
rest
Lubbock, 79457 (806) 762-6411 Ext2227By
city p
TEXAS MUNICIPAL LEAGUE
MUNICIPAL LIABILITY JOINT SELF INSURANCE FUND
ABENIMENT TO INTERLOCAL AGREEKENT
In consideration of the reduced contribution charged, the Liability Fund and
the Liability Fund Member agree that, not withstanding any provisions in the
Self Insurance Plan to the contrary, this Interlocal Agreement shall not include
as a "Person Insured", as defined in the Municipal Liability Self Insurance Plan,
the Transit Management Company of Lubbock. It is further agreed that such
coverage as is afforded the Fund Member under this Interlocal Agreement as
respects the operation of motor vehicles by the Transit Management Company of
Lubbock is excess over any insurance available to the Fund Member as an insured
under a policy covering said Transit Management Company of Lubbock.
It is further agreed that, not withstanding any provisions in the Self Insurance
Plan to the contrary, no coverage or cost of defense is afforded by this Inter-
local Agreement for claims arising out of the ownership, maintenance, use or
operation of the Lubbock Municipal Airport.
This agreement shall be effective on November 15: 1982 , 9982•
City of Lubbock
Liability Fun ember
Ve
by: Signature of Authorized
City Official
by: Authorized Fund Official
Contract No.:
COMPARISON OF SIGNIFICANT
CHANGES IN INSURANCE COVERAGE
ASSOCIATED WITH RECOMMENDED
BID AWARDS
PROPERTY INSURANCE CURRENT PROPOSED
Coverage at Actual Cash Value $75 Million $49 Million
Coverage at Replacement Cost $60 Million
Total Coverage $75 Million $109 Million
Deductible $50,000 $100,000
Coinsurance $0% Coinsurance Agreed Amount
Clause Endorsement
1. Several buildings were changed from coverage at actual cash value to
replacement cost. Examples are:
ACTUAL CASH VALUE REPLACEMENT COST
Auditorium/Coliseum $3.9 Million $13.5 Million
with Contents
Civic Center with Contents $15:.$ Million $20 Million
Mahon Library with Contents $1.7 Million $6.7 Million
ADDITIONAL LIABILITY COVERAGES
a. Public Official Professional Liability $10 Million
b. Personal Injury $10 Million
c. Property Damage $1 Million
d. Additional Persons Insured
1) Any Employee of the City
2) Any Officer, Director,Elec Appointed
Official, Any member of: Bond o rCommission
of the City.
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