HomeMy WebLinkAbout1987-1511967L
NO f'7-/S/
AN ORDINANCE ACCEPTING THE PROPOSAL OF ARKWRIGHT INSURANCE
COMPANY AND A PORTION OF THE PROPOSALS OF ARTHUR J GALLAGHER &
COMPANY AND EMPLOYERS INSURANCE OF TEXAS FOR PROPERTY, CASUALTY
AND WORKERS' COMPENSATION INSURANCE, AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFOR, AND DECLARING AN EFFECTIVE DATE
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the proposal of Arkwright Insurance Company
and a portion of the proposals of Arthur J Gallagher & Company
and Employers Insurance of Texas for property, casualty and
workers' compensation insurance, copies of which are attached
hereto and incorporated by reference herein, are hereby accepted
SECTION II That the City Council hereby authorizes the
expenditure of funds in the manner and amount as specified in the
agreement
SECTION III That this ordinance shall become effective
immediately upon its passage and approval
PASSED AND APPROVED this the day of 4 ) , 1987
klAzial-I
/�OR
ATTEST
JEb7FER ALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY ) 1 V n CfV\/1
ATTACHMENT A
ARIMUGUT
Al hwrioil
1"mm u¢c Company
Smll 270
127(N) 1111IMSt (toad
August 13, 1986 Ddln IX79210
214 211 1094
Purchasing Department
City of Denton
901B Texas Street +,
Denton, Texas 76201
SUBJECT Property Insurance Proposal Bid #9768
Gentlemen
Enclosed is Arkwright Insurance Company's proposal for Property insurance
Some objectives of our proposed "All Risk" program are
1 Consolidate all property coverages into one master program, including
your current Arkwright Boiler and Machinery coverages This also
encompasses the EDP equipment and mobile equipment
2 Only one deductible applies in the event of a joint property and Boiler
& Machinery loss This feature could save a significant amount of
money for the City of Denton No Joint Loss Agreement is necessary as
all coverages are underwritten by Arkwright
3 Ease of administration Combining several small policies into a single
program accomplishes this
4 Three Year policy This provides stability while avoiding annual
negotiations caused by contracts expiring
Excellent engineering/property conservation services are provided free of
charge to enable The City of Denton to improve and to control your risk
management programs to the fullest degree
This proposal meets or exceeds specifications See attached forms and
proposal details
We are prepared to bind these coverages effective October 1 1987
If any questions arise from this proposal, I will be available for assistance
Cordially,
Alan H Armbruster
Senior Account Representative
0459a
INSURANCE PROPOSAL
FOR
THE CITY OF DENTON, TEXAS
August 13 1986
By
Alan H Armbruster
Arkwright Insurance Company
12700 Hillcrest Road
Suite 270
Dallas, TX 75230
OVERVIEW
As a member of the Factory Mutual System, Arkwright enjoys the reputation as
one of the world's foremost property insurance companies'
We are organized to work closely with our policyholders It is important that
The City of Denton know Arkwright and its capabilities as this will enable
you to improve and control your risk management programs to the fullest
degree Our presentation is designed within the principles of Risk
Management. We feel you will know us even better through our proposal
All of Arkwright's property forms are fully approved and admitted by the State
of Texas
Included in this
proposal is the most
recent
Arkwright Annual Report This
report reflects
the success we've
had
in achieving our long term goal to
provide a stable
economical market for
you
Stability will be an important factor in the future as reinsurance markets
and many stock companies face severe market restrictions because of recent
poor underwriting results and cyclical financial results in the securities
markets
Sound financial management and the high quality of the organizations we insure
has made this stability possible These factors, coupled with a traditionally
low level of losses is a source of pride to us and one in which we hope you
will elect to participate
CLAIMS SERVICES
Property claims are adjusted through Factory Mutual Adjustment located in
Dallas, Texas Factory Mutual Adjustment will work directly so that claims
can be expedited and delays minimized Losses are reported to Mr Alan H
Armbruster, Sr Account Representative, at 214 233 1094 or directly to Factory
Mutual Adjustment at 214-661 9202 The report of loss will be immediately
transmitted to Factory Mutual Adjustment, which will contact the insured for
immediate action based on the loss Depending upon the nature of claims
adjustment representatives can be at the site of the loss within hours
Mr Tom Freeman, Vice President and Regional Claims Manager for Arkwright is
responsible for developing a positive working relationship with our
policyholders and working closely with Factory Mutual Adjustment He will
monitor all loss adjustment activities and participate where necessary to
provide supplemental service that will assure fair and equitable settlements
on a timely basis
Representatives of The City of Denton will be kept informed through
correspondence and reports so that the status of claims can be known at all
times
I
II
COVERAGES
BASIC COVERAGES. "All Risk" coverages, Real and Personal Property
including Flood and Earthquake, and EDP
Equipment See enclosed property forms
COVERAGES INCLUDE. Automatic Coverage
Error and Omissions
Demolition
Increased Cost of Construction
Debris Removal
Collapse
Theft/Burglary
Transit
Property of Others
III SPECIAL CONDITIONS. 60 Day Cancellation Clause
No Coinsurance Agreed Amount
Repair or Replace
Premium and/or Rates can be adjusted annually
IV POLICY TERM, October 1, 1987 to October 1 1990
V LOCATIONS. As per specifications
VI VALUES TOTAL. $43,508 000 100% per specifications
VII LIMITS OF LIABILITY
VIII DEDUCTIBLES.
IX PREMIUM,
X COVERAGE OPTIONS.
Blanket
EDP Equipment
EDP/Media
EDP/EE
Flood
Earthquake
Unnamed Floater Lee
Errors & Omissions
Demolition and
Incr Cost of Constr
Automatic Coverage
Transit
43 508,000
IJ500 000
250,000
100,000
5 000,000 annual aggregate
5 000,000 annual aggregate
500 000
1 000 000
1 000 000
5 000,000
100,000/200,000
"All Risk" $50,000 Combined
$38 285 annually
Coverage for scheduled
locations $6,535
deductible applies
vehicles at described
annual premium, policy
SUMMARY OF BENEFITS
1 Arkwright is a major underwriter of Municipalities and Institutional
rganizations The property insurance programs we design for these
Insureds are unique in each case
2 Policy Administration will be simple and time expended by The City of
Denton management will be minimal
3 Arkwright is committed to providing stability in the marketplace
4 repair or replacement coverage is provided for property coverages without
coinsurance
5 Favorable pricing and deductibles, both now and in the future
6 Excellent Engineering/Property Conservation services An engineer of our
organization will periodically visit with you to assist in property
conservation needs Free engineering reviews of plans, materials and
completed work is provided for any new or proposed projects
7 Service is grovided on several levels with planned visits by management
the account underwriter, and the account engineers
8 New additions at Insured locations are covered automatically without the
need for additional Builder's Risk policy, up to the policy limits
9 High limits of capacity to provide Fire and DIG limits as well as Boiler
and Machinery requirements as needed
10 Coverage for llapse and liquid damage is to full policy limits
11 Full DIC coverage including rhefr flood and earthauake
12 The deductible for the various property coverages applies concurrently A
joint loss involving Fire Boiler and Machinery, and Difference In
Conditions coverages would have only one deductible applying to any one
loss
13 There will be no need for a joint loss agreement as all property coverages
are being underwritten by Arkwright Boston Insurance Company
14 Damage to property of others is included while in your "care, custody and
control", with values appropriately reported
15 Written notice is not required in the event of loss
16 Extra Exnenae and Valuable Papers coverages can be added at any time
CURRENT ARKWRIGHT POLICYHOLDERS INCLUDE.
CITY OF DENTON
0
CITY OF DALLAS
CITY OF AUSTIN
CITY OF EL PASO
CITY OF GARLAND
CITY OF ODESSA
PUBLIC SERVICE OF SAN ANTONIO
DALLAS/FORT WORTH INTERNATIONAL AIRPORT
DALLAS INDEPENDENT SCHOOL DISTRICT
RICHARDSON INDEPENDENT SCHOOL DISTRICT
DRESSER INDUSTRIES INC
TEXAS INSTRUMENTS INCORPORATED
Policy No
ALL RISK POLICY
Arkwright-Boston Insurance
0m,
Arkwright-Boston Insurance Company
225 Wyman Street Waltham Massachusetts 02154
STOCK COMPANY FORM
In Consideration of the Provisions and Stipulations herein or added hereto
and of — Dollars Premium
this Company for the term from the day of 19 _ at 12 01 am Standard Time at
of to the day of 19 _ location of property involved
to an amount not exceeding
Dollars
does insure —
and legal representatives to the extent of the actual cash value of the property at tune of loss but not exceeding
the amount which it would cost to repair or replace the properly with material of like kind and quality within
a reasonable time after such loss without allowance for any increased cost of repair or reconstruction by
reason of any ordinance or law regulating construction repair and use and without compensation for loss
resulting from interruption of business or manufacture nor in any event for more than the interest of the insured
against ALL RISKS OF PHYSICAL LOSS OR DAMAGE except as hereinafter excluded to the property
described hereinafter while located or contained as described in this Policy or pro rata for ninety days at
each proper place to which any of the property shall necessarily be removed for preservation from loss
insured against in this Policy but not elsewhere
PROVISIONS SPECIALLY APPLICABLE TO THIS POLICY
Assignment of this Policy shall not be valid except with the written consent of this Company
This Policy is made and accepted subject to the foregoing provisions and stipulations and those hereinafter
stated which are hereby made a part of this Policy together with such other provisions stipulations and
agreements as may be added thereto as provided in this Policy
In Witness Whereof, this Company has executed and attested these presents but this policy shall not be valid
unless countersigned by the duly authorized Agent of this Company at
6419b�r1 -�
Secretary
Countersigned this
day of
19
President
(Rev 286)
MOM
2 (a) hostile or warlike action in time of peace or war including action in hinder
ing combating or defending against an actual impending or expected attack
(Q by any government or sovereign power (de Pure or de facto) or by any
authority maintaining or using military naval or air forces, or (n) by military
naval or air forces or (m) by an agent of any such government power authority
or forces
(b) any weapon of war employing atomic fission or radioactive force whether in
time of peace or war,
(c) insurrection rebellion revolution civil war usurped power or action taken
by governmental authority in hindering combating or defending against such
an occurrence seizure or destruction under quarantine or custom regulations
confiscation by order of any government or public authority or risks of contra
band or illegal transportation or trade
3 explosion rupture bursting cracking burning or bulging of steam boilers steam
I turbines gas turbines steam engines and pressure vessels or piping or apparatus
attached to any of the foregoing while such property is owned operated or
controlled by the Insured cumulated corn
bu)stibleexcept
gases ordamage
sumedresulting
fuelfrom
within the
explosion
a furnace of a boiler or pressure
I vessel other than combustion gas turbines or within the flues or passages
I which conduct the gases of combustion therefrom
(b) unless
1 caused by fire, or
2 damage by fire results and then the Company shall be I table for only such
resulting fire damage
4 delay or loss of market
5 any fraudulent or dishonest actor acts committed alone or in collusion with others
(a) by any proprietor partner director trustee officer or employee of the
Insured whether or not such acts are committed during regular business hours
or
(b) by any proprietor partner director trustee or officer of any proprietorship
partnership corporation or association (other than a common carrier) engaged
by the Insured to render any service or perform any act in connection with
property insured under this Policy
6 extremes or changes of temperature (except damage to equipment) or changes in
relative humidity all whether atmospheric or not unless liquid escapes to the open
in which case the Policy will cover damage caused by the escaped liquid and loss
of or damage to the liquid
7 lack of incoming electricity fuel water gas steam or refrigerant caused by an
occurrence off the premises described in this Policy unless specifically endorsed
herein, however if the lack of such a service causes physical damage otherwise
insured under this Policy on the described premises this Policy shall cover the
resulting damage,
8 insects or vermin
9 flood waters waves tide or tidal water the release of water the rising overflowing
or breaking of boundaries of natural or man made bodies of water or the spray
from any of the foregoing whether or not caused by resulting from or contributed to
by loss or damage of the type insured under this Policy unless damage by fire or
explosion results and then the Company shall be liable for only such resulting
damage,
Form 3000T PAGE 2 OF 7 Edition May 1985
Factory Mutual Service Qureau
Normod Meesechusettq
diff
SPECIAL CONDITIONS
The coverages provided by the Texas Standard Policy are herein extended to Include All Risks of physical
loss or damage to Insured property located in Texas except as hereinafter excluded
The terms and conditions of the Texas Standard Policy shall take precedence over any terms and
conditions of this Form and Endorsements thereto which are inconsistent therewith
A PROPERTY INSURED
Unless otherwise excluded this Policy covers the following property while on the described premises and
within 1 000 feet thereof
1 real property in which the Insured has an insurable interest
2 personal property owned by the Insured
3 personal property other than motor vehicles of officers and employees of the Insured
4 personal property of others in the custody of the Insured which the Insured is under obligation to
keep insured for physical damage of the type insured against under this Policy
5 personal property of others in the custody of the Insured to the extent of the Insured s legal liability
for physical loss or damage of the type insured against by this Policy This Company further agrees
to defend any suit against the Insured alleging liability for such damage destruction or loss and
seeking damages on account thereof even if such suit is groundless false or fraudulent but this
Company may without prejudice make such investigation negotiation and settlement of any
claim or suit as this Company deems expedient
B PROPERTY EXCLUDED
This Policy does not insure against loss or damage to
1 bills evidences of title notes fine arts furs jewelry precious metals or precious stones
2 land standing timber growing crops
3 vehicles otherwise insured watercraft
4 property sold by the Insured under conditional sale trust agreement installment plan or other
deferred payment plan after delivery to customers
5 property in transit unless endorsed hereon
6 underground mines and mining property located below the surface of the ground
7 dams or dikes
C EXCLUSIONS
GROUP A This Policy does not insure against loss or damage caused by or resulting from any of the
following regardless of any other cause or event contributing concurrently or in any other
sequence to the loss
1 nuclear reaction or nuclear radiation or radioactive contamination from any cause
all whether director indirect proximate or remote however
(a) if fire not otherwise excluded results the Company shall be liable for direct
loss by such resulting fire but not including any loss due to nuclear reaction
nuclear radiation or radioactive contamination and
(b) this Policy does insure against loss or damage caused by sudden and
accidental radioactive contamination including resultant radiation damage
from material used or stored or from processes conducted on the described
premises provided that at the time of such loss there is neither a nuclear reactor
capable of sustaining nuclear fission in a self supporting chain reaction nor any
new or used nuclear fuel on the described premises
Form 3000T
Factory Mutual Service Bureau PAGE t OF 7 Edition May 1985
Norwood Massachusetts
PROPERTY
3 This Policy covers property of the Insured at any location within the Continental
Rico Canada when removed from the
REMOVED
FROM
United States Hawaii Alaska Puerto or
described premises for the purpose of being repaired serviced or in order to avoid
DESCRIBED
threatened damage from flood excluding
PREMISES
(a) property otherwise insured
(b) property excluded from the insurance under this Policy or
(c) property removed from the described premises for normal storage or proces
sing or preparation for sale or delivery
This Policy also covers pro rate for ninety days at each proper place to which
property of the Insured shall necessarily be removed for preservation from loss
insured against in this Policy
DEMOLITION
4 If at the time of any physical loss or damage insured against by this Policy there is
AND
in force any law or ordinance regulating the construction repair replacement or use
then this Policy shall cover as a result of enforcement of
INCREASED
of buildings or structures
COST OF
CONSTRUCTION'
such law or ordinance
(a) the additional loss sustained in demolishing any undamaged portion of the
buildings or structures
(b) the cost incurred in actually rebuilding both the damaged and demolished
portions of such buildings or structures with materials and in a manner to satisfy
such law or ordinance
The total liability hereunder shall not exceed the actual expenditure incurred in
demolishing the undamaged portion of the building(s) or structure(s) involved plus
the lesser of the following
(a) the actual expenditure incurred not including the cost of land in rebuilding
on another site or
(b) the cost of rebuilding on the same site
This Policy shall not be liable for any cost of demolition or increased cost of
reconstruction repair debris removal or loss of use necessitated by the enforcement
of any law or ordinance regulating any form of pollution
AUTOMATIC
5 Unless otherwise insured on an all risk basis this Policy also covers property up
COVERAGE
to a limit of $ at any location in the United States Puerto Rico or
Canada rented or purchased by the Insured after the inception date of this Policy for
a period of 90 days from date of acquisition of such location
ERRORS AND
6 In the event of loss or damage to property of the Insured located in the United
OMISSIONS
States Puerto Rico and Canada and such loss is not payable under this Policy
solely because of
(q) any error or unintentional omission in the description or location of property
insured under this Policy which error or omission existed at the inception date of
this Policy or
error in the or ocation of roperty
subsequentdescription
nderrth this Policiynal in anyssion
nsuedny amendmentslto this Policy or
(c) failure through error or unintentional omission to include (1) any location
owned or occupied by the Insured at the inception date of this Policy or (2) any
location newly acquired or occupied during the term of this Policy or
Form 9000T rddion May 1985
Factory Mutual Servme Bureau PAGE 4 OF 7
Norwood Massachusetts
I
10 any earth movement Including but not limited to earthquake landslide or subs)
dence whether or not caused by resulting from or contributed to by loss or
damage of the type Insured under this Policy unless damage by fire or explosion
results and then the Company shall be liable for only such resulting damage
GROUP B This Policy does not insure against
1 indirect or remote loss or damage
2 mechanical or electrical breakdown (except lightning damage) of any equip
ment unless physical damage not otherwise excluded results in which event
this Policy shall cover only such resulting damage
3 mysterious disappearance or loss or shortage disclosed on taking inventory or
any unexplained loss
4 faulty workmanship material construction or design from any cause unless
physical damage not otherwise excluded by this Policy results in which event
this Policy will cover only such resulting damage
5 loss attributable to manufacturing or processing operations which result in dam
age to stock or materials while such stock or materials are being processed
manufactured tested or otherwise being worked upon all unless physical dam-
age not otherwise excluded by this Policy results in which event this Policy shall
cover only such resulting damage
6 deterioration depletion rust corrosion erosion wear and tear inherent vice or
latent defect unless physical damage not otherwise excluded by this Policy
results in which event this Policy shall cover only such resulting damage
7 contamination shrinkage or change in color flavor texture or finish unless such
damage results directly from other physical damage not otherwise excluded by
this Policy
8 settling cracking shrinking bulging or expansion of pavements foundations
walls floors orceilings unless physical damage not otherwise excluded by this
Policy results in which event this Policy will cover only such resulting damage
9 impact damage to docks piers and wharves
10 increase in loss attributable to any law or ordinance which regulates construc
tion repair replacement debris removal use or which necessitates demolition
of any undamaged portions of property on the premises described herein
D ADDITIONAL COVERAGES
CONSEQUENTIAL 1 This Policy covers reduction in value of insured components or parts of products
REDUCTION due to physical loss or damage insured against by this Policy to other insured
IN VALUE components or parts of such products
DEBRIS 2 This Policy covers expense of removal from the described premises of debris
REMOVAL remaining after any loss hereby insured against
Form 3000T
Factory Mutual Service Bureau PAGE 3 OF 7 Edition May 1985
Norwood Massachusetts
VALUATION
(e) on media data and programs for electronic and electromechanical data
equipment the cost of reproducing such media data
(Cont d)
processing and production
and programs from duplicates or from originals of the previous generation of the
data
(f) on jigs and fixtures dies small tools patterns contractors equipment am
and personal property of third parties the actual cash
ployees personal property
value with proper deduction for depreciation but not to exceed the cost to repair
or replace the property with material of like kind and quality
(g) on leasehold Improvements and betterments the replacement cost less
phyyears depreciationcal i actually replacede Insureds ense within two
d value
unamort ze
from the date of loss if
(h) on all other property the actual cash value with proper deduction for depre
ciation but not to exceed the cost to repair or replace the property with material
of like kind and quality
all to be computed at the time and place of loss
CONSEQUENTIAL
4 In the event of physical damage Insured by this Policy to any property situate on
the described and such damage without the Intervention of any other
DAMAGE
premises
independent cause results In a sequence of events which causes physical damage
to other property Insured by this Policy then this Policy will cover such resulting loss
or damage Nothing In this clause shall be deemed to extend this Insurance to
excluded from coverages by the terms of
property which is otherwise specifically
this Policy
The liability of this Company includes only the physical damage incurred during
such period as would be required with the exercise of due diligence under normal
conditions to repair or replace the damaged property and does not include any
liability resulting from inability of the Insured to make repairs or replacements
because of strikes or labor disputes
BRANDS AND
5 If branded or labeled merchandise covered by this Policy is damaged and this
LABELS
Company elects to take all or any part of such merchandise at the value established
by the terms of this Policy thelnsuredmay at their own expense stamp salvage on
the merchandise or its containers or may remove or obliterate the brands or labels If
such stamp removal orobliteration will not physically damage the merchandise but
the Insured must re label the merchandise or containers in compliance with the
requirements of law
SUBROGATION
6 This Company may require from the Insured an assignment of all right of recovery
for loss to the extent that payment therefor is made by this
against any party
Company but this Company shall not acquire any rights of recovery which the
Insured has expressly waived prior to loss nor shall such waiver affect the Insured s
rights under this Policy
Any recovery as a resultof subrogation proceedings arising out of a loss occurrence
after expenses incurred in such subrogation proceedings are deducted shall
accrue to the Insured in the proportion that the amount of deductible and/or the
amount of any provable uninsured loss bears to the amount of the entire provable
loss
NO REDUCTION
7 Any loss hereunder shall not reduce the amount of this Policy
BY LOSS
DIVISIBLE
S If the premises described in this Policy include two or more buildings or the
CONTRACT
contents of two or more buildings the breach of any condition of this Policy in
respect to any one or more of the buildings insured or containing the property
insured shall not prejudice the right to recover for loss occurring in any building
insured or containing the property insured where at the time of the loss a breach of
condition does not exist
Form 9000T Edition May 1985
Factory Mutual Service Bureau PAGE 6 OF 7
Nor"orl Maaeachusale
Inbel
irvA
`°ll
ti
ERRORS AND
(d) any error or unintentional omission which results in cancellation of property
OMISSIONS
Insured under this Policy
(Cont d)
such loss or damage shall be insured by this Policy only to the extent this Policy
would have provided coverage had the error or unintentional omission not been
made up to a limit of $
EXPEDITING
7 This Policy covers up to a limit of $ the reasonable and neces
EXPENSE
sary extra costs of temporary repair or damage to property and the extra costs of
expediting the permanent repairor replacement of such damaged property resulting
from physical damage insured against by this Policy
In no event shall these Expediting Expenses include expenses recoverable else
where in this Policy or the cost of permanent repair orteplacement of the damaged
property
PROTECTION 8 In case of actual or imminent physical loss or damage of the type insured against
AND by this Policy the expenses incurred by the Insured in taking reasonable and
PRESERVATION necessary actions for the temporary protection and preservation of property insured
OF hereunder shall be added to the total physical loss or damage otherwise recoverable
PROPERTY underthe Policy and be subject to the applicable Deductible and without increase in
the Limit provisions contained in this Policy
E GENERAL CONDITIONS
TITLES OF 1 The titles of the various paragraphs of this form (and of endorsements attached to
PARAGRAPHS the Policy) are solely for reference and shall not in any way affect the provisions to
which they relate
DEDUCTIBLE 2 In each case of loss or damage covered by this Policy this Company shall not be
liable unless the Insured sustains a loss in a single occurrence in excess of any
applicable deductible provided elsewhere in this Policy and then only for its share of
such excess
When this Policy covers more than one location the deductible shall apply against
the total loss or damage covered by this Policy in any one occurrence
If two or more deductible amounts provided in this Policy apply to a single occur
rence the total to be deducted shall not exceed the largest deductible applicable
unless otherwise provided in this Policy
If this Policy insures against both Property Damage and Time Element losses the
deductibles as shown in this Policy shall apply separately to each such coverage
even if both are involved in a single occurrence unless otherwise provided in this
Policy
VALUATION 3 Unless otherwise endorsed hereon adjustment of loss under this Policy shall be
(a) on stock in process the value of raw materials and labor expended plus the
proper proportion of overhead charges
(b) on finished goods manufactured by the Insured the regular cash selling price
at the location where the loss occurs less all discounts and charges to which the
merchandise would have been subject had no loss occurred
(c) on raw materials supplies and other merchandise not manufactured by the
Insured the replacement cost
(d) on exposed film records manuscripts and drawings the value blank plus the
cost of transcription
Form 9000T
Factory Mutual Service Bureau PAGE 5 OF 7 Edition May 1985
Nonvood Massachusetts
ti.
INSPECTION
COLLECTION
FROM OTHERS
OTHER
INSURANCE
CANCELLATION
9 The Company at all reasonable times during the Policy period shall be permit
ted but not obligated to inspect the property insured by this Policy Neither the
Company s right to make inspections nor the making thereof nor any report thereon
shall constitute any undertaking on behalf of or for the benefit of the named Insured
or others to determine or warrant that such property is safe or healthful
10 No loss or part of a loss shall be paid or made good hereunder to the extent the
Insured has collected such loss from others
11 The Company shall not be liable for loss under this Policy if at the time of loss
there is any other insurance which would attach if this insurance had not been
effected except that this insurance shall apply only as excess and in no event as
contributory insurance and then only after all other insurance has been exhausted
12 This Policy shall be cancelled at any time at the request of the Insured in which
case this Company shall upon demand and surrender of this Policy refund the
excess of paid premium above the customary short rates for the expired time This
Policy may be cancelled at any time by this Company by giving to the Insured a thirty
(30) days written notice of cancellation with or without tender of the excess of paid
premium above this Company s normal earned premium for the expired time which
excess if not tendered shall be refunded on demand Notice of cancellation shall
state that said excess premium (if not tendered) will be refunded on demand
However this Policy may be cancelled by the Company if the Insured fails to remit
when due the payment of Premium for such policy by giving the Insured not less
than ten (10) days written notice of cancellation
Form 3000T
Factory Mutual Service Bureau
Norwood Massachusetts
PRINTED IN U S A
PAGE 7 OF 7
Edition May 1985
REPAIR OR REPLACE ENDORSEMENT
In consideration of additional premium paragraphs (f) (g) and (h) of General Condition No 3 VALUA
TION of part E GENERAL CONDITIONS of the Policy to which this Endorsement is attached are amended
to Indemnify the Insured for the cost of rebuilding repairing or replacing the damaged or destroyed
property subject to the following conditions
1 If property damaged or destroyed is useless to the Insured or is not repaired rebuilt or replaced on
the same or nothe
_ not
be liable fora morer
rthan the actual cash value alueh h (witproof spers deduct oor damagneforlCompanyshall
depreciation)
site within two years of the
property destroyed
2 The total liability of this Company under this Policy for loss to property included under this
Endorsement shall not exceed the smallest of the following
a the cost to repair or
b the cost to rebuild or replace on the same site with new materials of equivalent size kind and
quality, or
c the actual expenditure
ertuororenthe t
ed or poperty onesame or anoer sebut nttexceedthsize and operating capacity hat
existed at the time of loss
all as of the time when, with due diligence and dispatch rebuilding repairing or replacement of the
damaged or destroyed property could be effected
3 If at the time of loss covered under this Policy claim is made for the cost of replacement of the
property damaged or destroyed, then this Company shall be (sable un bears to 100% of the Enclorsementoust at
or no
greater proportion of such loss than the amount of $
site time fsquality the sme site of replacement in a new
ala he property included under the t� ms of this Endorndition with semeials nnt The
and at hev
ze kind andvalue
of the foundations and other property located below the lowest basement floor or where there is no
bas
provision t below the In the event that the aggce of eregate claimshall
forr andisregarded
losss covered under (the conditions insurance
of this
Endorsement is less than $100 000 no special inventory or appralsement of the undamaged
property shall be required
For property located in the Commonwealth of Massachusetts orthe State of North Carolina paragraph 2 c
of this Endorsement is amended to read as follows
2 c the actual expenditure incurred in rebuilding repairing or replacing the damaged or des
troyed property on the premises described in this Policy or some other location within the
Commonwealth of Massachusetts or the State of North Carolina as the case maybe mutually
agreed upon between the Insurer and the Insured but not to exceed the size and operating
capacity that existed at the time of loss
Form 3100 PAGE 1 OF 1 Edition May 1984
Factory Mutual Service Bureau
Norwood Massachusetts
PRINTED IN U S A
F:N ttlal
shy: m
AGREED AMOUNT ENDORSEMENT
(Repair or Replace)
Until the amount stipulated under Paragraph 3 of the Repair or Replace Endorsement
represents at least 100% of the value of the property included under the Endorsement
Form 3101
Factory Mutual Service Bureau
Norwood Massachusetts
PRINTED IN U S A
PAGE 1 OF 1
Edition November 1984
Replaces March 1984
GENERAL CONDITIONS
ELIMINATION The following exclusions Nos 8 and 9 in Group A of Part C EXCLUSIONS of this
OF Policy do not apply to coverage under this Endorsement
EXCLUSIONS 8 Flood waters waves tide or tidal water the release of water the rising overflow
ing or breaking of boundaries of natural or man made bodies of water or spray
from any of the foregoing whether or not caused by resulting from or contributed
to by loss or damage of the type insured under this Policy unless damage by fire
or explosion results and then the Company shall be liable for only such resulting
damage
9 Any earth movement including but not limited to earthquake landslide or
subsidence whether or not caused by resulting from or contributed to by loss or
damage of the type Insured under this Policy unless damage by fire or explosion
results and then the Company shall be liable for only such resulting damage
NO BENEFIT This insurance shall in no way inure directly or indirectly to the benefit of any carrier
TO BAILEE or bailee
VALUATION In case of loss the basis of adjustment unless otherwise endorsed hereon shall be
as follows
(A) Property shipped to or for the account of the Insured shall be valued at actual
invoice to the Insured together with such costs and charges (including the
commission of the Insured as selling agent) as may have accrued and become
legally due thereon
(B) Property which has been sold by the Insured and has been shipped to or for
account of the purchaser (if covered hereunder) is valued at the amount of the
Insureds selling Invoice Including prepaid or advanced freight
t value at
(C) Property
dent destination oner invoice on the datelof disalsterd atthe less anytual cha charges saved ewhich would
have become due and payable under delivery at destination
BILLS OF Permission is hereby granted to the Insured without prejudice to this insurance to
LADING accept the ordinary Bills of Lading used by carriers including released and/or
under valued Bills of Lading and/or Shipping or Messenger Receipts and the In
sured may waive subrogation against railroads under side track agreements and
except as otherwise provided the Insured shall not enter into any special agreement
with carriers releasing them from their common law or statutory liability
FRAUD This Endorsement also covers loss of or damage
OR DECEIT (A) Occasioned by the acceptance by the Insured Insureds agent customer or
consignees) or others of fraudulent Bills of Lading Shipping or Messenger
Receipts
(B) Obtained by fraud or deceit perpetrated by any person(s) who may represent
themselves to be the proper party or parties to receive the property for shipment
or to accept it for delivery
Form 3107 PAGE 2 OF 2 Edition March 1984
Factory Mutual Service Bureau
Norvrood Massachusetts
PRINTED IN u S A
�i
TRANSPORTATION ENDORSEMENT
In consideration of additional premium the Policy to which this Endorsement is attached is extended to
cover Personal Property as described herein except as otherwise excluded by this Policy while such
property is in transit
PROPERTYINSURED
1 Personal Property owned by the Insured
2 Personal Property shipped to customers on F O B C & F or similar terms The Insured s contin
gent interest in such shipments is admitted
3 The interest of the Insured in and legal liability for Personal Property of others in the actual or
constructive custody of the Insured
4 Personal Property of others sold by the Insured which the Insured has agreed prior to loss to insure
during course of delivery
ADDITIONAL PROPERTY EXCLUDED
1 Samples in the custody of salespersons or selling agents
2 Property insured under import or export ocean marine policies
3 Waterborne shipments via Panama Canal and waterborne or airborne shipments to and from
Alaska Puerto Rico and Hawaii
4 Shipments made by air unless via regularly scheduled airlines
5 Property shipped by mail
6 Property of others including the Insureds legal liability therefor hauled on vehicles owned
leased or operated by the Insured when acting as a common or contract carrier as defined by the
Interstate Commerce Commission Regulations or state regulatory agencies
LIMIT OF LIABILITY
The liability of this Company in anyone loss disaster or casualty either in case of partial or total loss or
salvagecharges or any other charges or expenses orallcombined shall not exceed the applicable limit
of liability as follows
(A) $ on Personal Property moron anyone conveyanceor individual unitthereof
except
(B) $ aggregate liability in any one loss disaster or casualty
DEDUCTIBLE CLAUSE
Each claim for loss or damage or expense under this Endorsement shall be adjusted separately and this
Company shall not be liable unless the Insured sustains a loss in excess of $ and then only for its
share of such excess
ATTACHMENT AND DURATION OF COVERAGE
Except as hereinafter provided this insurance attaches from the time the property leaves the original point
of shipment for the commencement of transit and covers thereafter continuously in the due course of
transit within the Continental United States of America and Canada and Alaska within Hawaii or within
Puerto Rico until delivered at destination
Coverage on export shipments not insured underocean marine policies does not extend beyond the time
when the property is loaded on board overseas vessel or aircraft Coverage on import shipments not
insured under ocean cargo policies does not attach until after discharge from overseas vessel or aircraft
ADDITIONAL COVERAGE
Coverage provided by this Endorsement shall include general average and salvage charges on ship
ments covered while waterborne
ADDITIONAL EXCLUSION
This Endorsement does not insure against loss or damage caused by or resulting from delay loss of
market or business interruption
Form 3107
Factory Mutual Service Bureau PAGE 1 OF 2 Edition March 1984
Norwood Massachusetts
0
AUTOMATIC COVERAGE
QIf this block is checked the coverage provided by this Endorsement is extended to cover property
Insured under this Policy by virtue of any Automatic Coverage Endorsement attached hereto subject to
the Limits of Liability set forth in the Automatic Coverage Endorsement
FLOATER COVERAGE
If this block is' checked the coverage provided by this Endorsement is extended to cover property
insured under this Policy by virtue of any Floater Coverage subject to the Limits of Liability applicable to
Floater Coverage
Form 3300 PAGE 2 OF 2 Edition March 1984
Factory Muluai Service Bureau
Norwood Massnrhucetts
PRINTED IN U "
EARTH MOVEMENT ENDORSEMENT
In consideration of additional premium the Policy to which this Endorsement is attached is extended by
deleting the following exclusion No 9 in GROUP A of Part C EXCLUSIONS
9 Any earth movement including but not limited to earthquake landslide or subsidence whether or
not caused by resulting from or contributed to by loss or damage of the type insured under this
Policy unless damage by fire or explosion results and then the Company shall be liable for only
such resulting damage
LIMITS OF LIABILITY
This Company shall not be liable under the terms of this Endorsement for more than the limit specified
elsewhere in this Policy for each single earth movement nor for more than the limit specified elsewhere in
this Policy during any twelve consecutive months
If this Policy includes Time Element Coverage or Automatic Coverage or Floater Coverage the foregoing
limits shall be the maximum amount collectible under this Policy
For the purposes of this Endorsement the term single earthquake includes all shocks occurring within a
continuous 72 hour period
DEDUCTIBLE CLAUSES APPLICABLE TO COVERAGE IN ALASKA CALIFORNIA HAWAII AND PUERTO
RICO
1 PROPERTY DAMAGE
In case of claim for loss or damage under this Endorsement the Company shall not be liable as a result
of a single earthquake or other covered occurrence in Alaska California Hawaii or Puerto Rico unless
the Insured sustains a loss in excess of per cent ( %) of the
value of the property (including foundations) insured under this Endorsement and
then only for its share of such excess If the insurance provided by this Endorsement covers more than
one location this deductible percentage shall apply separately at each location
TIME ELEMENT COVERAGES
If this Policy is endorsed to include Time Element coverage the Company shall not be liable under
such Endorsement(s) as a result of a single earthquake or other covered occurrence in Alaska
California Hawaii or Puerto Rico for more than the amount by which such Time Element loss shall
exceed per cent ( %) of the full annual Time Element value which would have been
earned in the twelve month period following the occurrence by use of the facilities at the location where
the physical damage occurred and then only for its share of such excess If the insurance provided by
this Endorsement covers more than one location this deductible percentage shall apply separately to
each such location
ADDITIONAL EXCLUSIONS
1 This Endorsement does not apply to property in transit
This Endorsement does not insure against loss or damage caused by or resulting from flood waters
waves tide or tidal water or by the rising overflowing or breaking of boundaries of natural or
man made bodies of water or spray from any of the foregoing all regardless of cause
Unless otherwise indicated below thiG Endorsement does not apply to any property covered underthis
Policy by virtue of any Automatic or Floater Coverages attached to this Policy
Form 3300
Factory Mutual Service Bureau FACT t OF 2 Edition March 1984
Norwood Massachusetts
FLOOD ENDORSEMENT
In consideration of additional premium the Policy to which this Endorsement is attached is extended by
deleting the fllowmg exclusion No 8 in GROUP A of Part C EXCLUSIONS
8 Flood waters, waves tide or tidal water the release of water the rising overflowing or breaking of
boundaries of natural or man made bodies of water orthe spray from any of the foregoing, whether
or not caused by resulting from or contributed to by loss or damage of the type insured under this
Policy unless damage by fire or explosion results and then the Company shall be liable for only
such resulting damage
LIMITS OF LIABILITY
This Company shall not be liable under the terms of this Endorsement for more than $
each single occurrence nor for more than $ during any twelve consecutive months If
this Policy includes Time Element Coverage or Automatic Coverage or Floater Coverage the foregoing
limit shall belthe maximum amount collectible under this Policy
ADDITIONAL EXCLUSIONS
1 This Endorsement does not apply to property in transit
2 Unless otherwise indicated below, this Endorsement does not apply to any property covered under
this Policy by virtue of any Automatic Coverage or Floater Endorsement(s) attached to this Policy
AUTOMATIC COVERAGE
If this block is checked the coverage provided by this Endorsement is extended to cover property
insured Under this Policy by virtue of any Automatic Coverage Endorsement attached hereto subject
to the Limits of Liability set forth in the Automatic Coverage Endorsement
FLOATER COVERAGE
F] If this block is checked the coverage provided by this Endorsement is extended to cover property
insured under this Policy by virtue of any Floater Coverage subject to the Limits of Liability
applicable to Floater Coverage
Form 3301
Factory Mutual Se Ice Bureau PAGE t OF 1 Edition March 1984
Norwood Meesec uBetts
PRINTED
Mfg nm
BOILER AND MACHINERY EXCLUSION
The Policy to which this Endorsement is attached is amended as follows
ADDITIONAL EXCLUSIONS
1 This Policy does not insure against loss or damage caused by or resulting from explosion in or of
steam boilers steam turbines gas turbines steam engines and steam pipes Interconnecting any of
the foregoing equipment owned operated or controlled by the Insured however
liability is assumed for loss or damage resulting from an explosion
A of gases or fuel within the furnace of a boiler or within the flues or passages therefrom
B involving the smelt bed within the furnace of a boiler of thg chemical recovery type
C outside of any equipment
2 This Policy does not Insure against loss or damage caused by or resulting from rupture bursting
cracking bulging burning or change of temperature of steam boilers steam turbines gas turbines
steam engines and pressure vessels or piping or apparatus attached to any of the foregoing
equipment owned operated or controlled by the Insured however
liability is assumed for loss or damage resulting from accidental discharge escape leakage
backup oroverflowto the open of any material from confinement within piping plumbingsystems
tanks or equipment except from that equipment identified in paragraph 1 above locatedonthe
described premises
3 This Policy does not insure against mechanical or electrical breakdown (except by direct lightning
damage) of any equipment unless physical damage not excluded results in which event this Policy
shall cover only such resulting damage
Form 3500
Factory Mutual Seance Bureau PAGE 1 OF 1 Edition January 1986
Norwood Massachusetts
PRINTED IN U 5 A
bATTACHMENT B
ARTHUR J GALLAGHER & CO -DALLAS
oS
August 13, 1987
City of Denton
Re Insurance Proposal/Renewals
Sirs
Essentially our renewal is on an as is basis with carriers, terms, and conditions
remaining virtually the same You will note some changes in the retention, loss fund
and exposures
As always, we welcome your questions, and we look forward to having the opportunity
to discuss our program and all available options in depth
Respectfully, _ - �%
.ril� e4rw%f/
7rM Leonard
Account Executive
JL me
Enclosure
1222' Ivleiit Drive Suite 670 Dallas Tex i� 75 )-1 214 991 3700 • TWX 9I0 8bl 4321
TLFX 214-991-4061
An i HUR J GALLAGHER & CO
Airport Liability Policy
Global Aviation Insurance
Cities Exposure $ 1, 000, 00 C S L Limit
(Contingent Liability)
$ 8, 000 Premium
Southeastern Aviation (Texas), Inc
Limit - $1,000,000 C S L for premises - Products Liability
$ 50,000 any one aircraft
$ 150,000 anyone occurrence
Ground Hangar Keepers' Liability
Annual Premium - $15,000
For $5,000,000 - $24,000
,a RR WRRIR of PROT(CTIaN ATTACHMENT C
EMPI.OYBRS CaSUaLTY company
EMPL,OYeRS NaT1on8L insURanCe Company
POST OFFICE BOX 2755 1 DALLAS TEXAS 75221
August 12, 1987
Mr Harlan Jefferson, Risk Manager
City of Denton
901-B Texas St
Denton, Texas 76201
Re City of Denton — W '-M. Cl1 PI
Comprehensive Insurance Proposal
Dear Harlan
We are pleased to submit the attached proposal for the City's Property and
Casualty Coverage You will notice that the coverage for your Airport is
not included Your current carrier is our best market for this coverage
We sent applications to several other markets but received no quotations
If we are awarded the other coverages, we can have your current policy trans-
ferred to our company with a letter of record from the City Also we have
not included a quotation for the Money and Securities & Employee Fidelity We
use the Fidelity and Deposit Company of Maryland for this coverage Although
we were unable to obtain a quotation at this time because of lack of some
information and the time factor, this coverage is available at a minimal cost
The physical damage coverage on your vehicles still needs to be worked out
We have several options to choose from but none of them were exactly what
your bid specifications called for so we felt that it would be better to
discuss this coverage further with you before quoting it
We feel we have an excellent program and if you should have any questions
about our quote please call me at (214)760-6616
Yours
truly,
N ^ o _. _ '
Q _ 0 0J.401'�`all
Carolyn Osborn, CPCU, AAI
Risk Management Services
CO/jw
EMPLOYERS INSURANCE OF TEXAS
Tans EmpbYOM Insurance Association I Employers CmualtY Cpmpsrry Employer, National Insurenu CAnIRinY Engloyns National Life Insurance Comparo
CITY OF DENTON
WORKERS' COMPENSATION CASH FLOW PLAN
Program zx8q �d8 r;Pn -° �Yerr l�enBa ion ;1`a"°id'ErInjU-rgtic'e'Pund
a 2 ti faaces
Estimated Annual Standard Premium - $828,978
Contracted Services
1 Claims Handling Services
2 Administrative Services
3 Safety Engineering Services
4 Catastrophe Reinsurance
(To indemnify the Fund Member of
losses for any one accident or
occurrence in excess of a pre-
determined retention by the
Member up to a maximum limit
of $10,000,000 per accident or
occurrence )
at $200,000 Retention
Per Occurrence
at $250,000 Retention
Per Occurrence
at $300,000 Retention
Per Occurrence
5 Aggregate Stop Loss Reinsurance @ 100%
(To stop aggregate losses from
10-1-87 through 10-1-89 at 100%
of aggregate standard premium
over same period up to a maximum
liability of $5,000,000 )
Aggregate Stop Loss Reinsurance @ 125%
of aggregate standard premium from
10-1-87 through 10-1-89
$-13-g'1
Cost
7 5% of paid losses
3 07 of first $100,000 of Stnd Prem
1 5% of next $400,000 of Stnd Prem
0 757 of Stnd Prem over $500,000
Not to Exceed Overall Charge of
$25,000
1 57 of Standard Premium
4 3% of Standard Premium
3 77 of Standard Premium
3 37 of Standard Premium
2 5% of Standard Premium
1 67 of Standard Premium
CITY OF DENTON
WORKERS' COMPENSATION CASH FLOW PROPOSAL
Program Texas Political Subdivision Workers' Compensation Joint Insurance
Fund
Estimated Standard Premium -- $828,978
Contracted Services
Annual Cost
1 Claims Handling Services
7 57 of paid losses
2 Administrative Services
$11,467
3 Safety Engineering Services
12,435
4 Catastrophe Reinsurance
@ $200,000 Retention
35,646
Per Occurrence
@ $250,000 Retention
30,672
Per Occurrence
@ $300,000 Retention 27,356
Per Occurrence
5 Aggregate Stop Loss Reinsurance 20,724
@ 100% of aggregate standard
premium from 10-1-87 through
10-1-09
@ 125% of aggregate standard 13,264
premium from 10-1-87 through
10-1-89
Note Claims Handling Services and Safety Engineering Services will be
provided by Employers Insurance Of Texas out of their Sherman
District office
Reinsurance will be provided by Employers Casualty Company
CITY OF DENTON
CASH FLOW PLAN COST ILLUSTRATION
Standard Premium $828,978
Loss Ratio
30%
407
507
1 Losses
248,693
331,591
414,489
2 Claims Handling Expense
18,652
24,869
31,087
3 Administration Expense
11,467
11,467
11,467
4 Safety Engineering
12,435
12,435
12,435
5 Catastrophe Reinsurance
(Up to $10,000,000 Maximum Limit)
@ $200,000 retention
35,646
35,646
35,646
per occurrence
@ $250,000 retention
per occurrence
30,672
30,672
30,672
@ $300,000 retention
27,356
27,356
27,356
per occurrence
6 Aggregate Stop Loss Reinsurance
20,724
20,724
20,724
@ 100%
TOTAL ULTIMATE COST @ $200,000
$347,617
436,732
525,848
RETENTION
TOTAL ULTIMATE COST @ $250,000
342,643
431,758
520,874
RETENTION
TOTAL ULTIMATE COST @ $300,000
$339,327
428,442
517,558
RETENTION
TEXAS POLITICAL SUBDIVISIONS WORKERS COMPENSATION JOINT INSURANCE FUND
'R'_fvl(UM WORKSHEET FOR Citv of Denton
NAME
No
Ertimeted
Menu al
Manual
Classification of Operations
Rates Effective 1-1-87 Fund Year 101 66/ 101 87
of
Emp
Oreas
Payrolls
Rate for
S700 Payroll
Premium
19,444
4 50
875
7423 AimonOperations
135, 608
1 80
2441
8831 Animal Shelters
271,720
4 80
13 043
S391 Automobile Garage
14
7380 Bookmobile Drivers7
89,864
5 54
4,978
9015 Buildingoceretlons
9 78
9220 cemetery operations
36
15 519
e610 Clencel -Omce
,310,836
1 40
8720 County Appraisal 01%
2, 974, 668 1
1 96 1
5$ 303
7539 Electric Distribution
21940,168 1
2 49 1
73,210
7704 Firemen
2 03
7602 Gas Distribution
4 88
8227 Maaw Ement Ma quipl tenon
1 50
9833 Hospital ProNuionals
8 23
9040 Hospitals - All Othersl
4 .39
9033 Mousing Authority Op rations
5 93
4519 Insect Exto"in wn
5 0, 7 4
44
2,291
8838 Librones end Museum
75
8742 Mertengen Social Wo en ate Officials)
9409 Municipal Employees Not Otherwise Clsspfred)
13.64
4,55
9060 Municipal Galt Course
372,452
1 4
17 72
7520 Municipal Waterworks Operation
1,000,308
5.0350
1
9102 Parks and Recreation
5-01
7418 Pilots
2,721 444
1 5.74
1 56,211
7720 Policemen
5190 Radio and Electrical 1 stallat1o111
6.17
2
9403 Refuse Collection an Disposal - Conventional
414,668
5
.947
2
9404 Refuse Collection an Disposal - Fully Containented
309,148
110,392
9 31
10,277
7590 Refuse Reduction
1
188,29
13.51
25,439
6306 Sower Construction
621,508
3.57
1 22 188
7680 Sewage Treatment PI nt
624.852
74,795
5508 Street and Rood Repair
_12.69
9402 street and Sewer ale ning
9156 Thassert Plavan
47
9164 Theaters All Other rnploycet
3724 Traffic Signals end C ntrols
1 146,928
7382 Transit Authority
8305 Transit Geroge!
Ill water Mani Conn tion
727,968
W11
8288 Zooa Animal Mandl rs
7 Buildin Ins actors & En i ear
2 Warehouse 0 !rations
1 TOTAL MANUAL PREMIUM
828,978
•Any, refirence to on insurance qrm net onllnullY .pert of cell Inwnnce
shell to doomed to be for ocrevenience only and it not to to construed as
2 YOUR EXPERIENCE MODIFIER 1.0
contrary to the self insurance concept
3 LINE 1 X FACTOR ON LINE 2 - STANDARD PREM
828,978
4 FUND DISCOUNT FACTOR
Use gross payroll on all enwloyea
only the straight time
For hourly employees that are paid overtime use
5 LINE 3 X FACTOR ON LINE 4 - PAYABLE PREM
rate times all hours worked
it is our Intent tq rro-,wM Voluntary Compensation for ❑ elected officials Estimaled Premium (Line 51 Payable 12 equal monthly installments 11 Line 5
❑ vol firemen police reserves Sri fnetruepons Is Ice than $5 000 the full payable premium is payable in four equal
queneriv Installments
certify that the abotje payroll a our
year ending 10 1 97
DATA
atanao
BYLAWS OF
TEXAS POLITICAL SUBDIVISIONS WORKERS' COMPENSATION
JOINT INSURANCE FUND
1
Board of Trustees
The Texas Political Subdivisions Workers' Compensation Joint Insurance
Fund (hereinafter referred to as "Fund") shall be governed by a Board of
Trustees The Board shall operate the Fund on behalf of the Fund Members
pursuant to bylaws and shall be composed of the members appointed in the
manner hereinafter set out and shall have the further functions, powers and
duties as herein set forth
I
Original Board
The original Board of Trustees shall consist of nine (9) members who
shall be appointed by the political subdivisions originating the Texas
Political Subdivisions Workers' Compensation Joint Insurance Fund at the
same time the Fund is created The original Board shall serve for a period
of sixty (60) days or until their successors are qualified A permanent
Board of Trustees, as herein described, shall be elected by the Fund
Members at an election set by the original Board, to begin serving terms on
December 1, 1983
3
Permanent Board Qualifications
The majority of members of the permanent Board must be either an
employee or elected official of a political subdivision within the State of
Texas which is a Member of the Fund Any Board member that ceases to be an
employee or elected official of a Member of the Fund shall automatically be
disqualified to serve as a member of the Board, and his position shall
become vacant
4
Number and Term of Permanent Board
The permanent Board of Trustees shall consist of nine (9) members
elected by the Fund Members Each member of the permanent Board shall be
elected to occupy a designated place Those initially occupying Places
Nos 1, 2, and 3, shall be originally elected for a term to expire on
December 31, 1984, or until their successors are qualified Those initially
occupying Places 4, 5, an6 6, shall be originally elected for a term to
expire on December 31, 1985, or until their successors are qualified
Those initially occupying Places 7, 8, and 9 shall be originally elected
for a ,term to expire on December 31, 1986, or until their successors are
qualified
After the initial election of the permanent Board, the Fund shall
conduct a regular election annually by means of a mail ballot involving all
Fund members Each election after the initial election shall be for a
threelyear term No person shall serve for more than two (2) consecutive
threetyear terms At the time of the election, the Place to be filled
shall be designated
When a Board Member vacancy occurs due to death, resignation, dis-
qualification or inability to act, the Board shall appoint a replacement to
ser4 until the next regular election At that election, the Fund Members
shall elect the permanent replacement who will serve the remaining period
in the term of that designated Place
2
5
Election of Officers, Meetings
Within fifteen (15) days after the initial election of the members of
the permanent Board of Trustees, and annually thereafter within ninety (90)
days after the regular election of Trustees on a specific date set by the
Board, the Board shall hold a meeting for the purpose of electing officers
for the ensuing year, and the transaction of such other business that may
cane before it. The Board shall hold at least three meetings annually and
such other meetings as may be necessary for the transaction of its general
business, when called by the Chairman or requested in writing by any three
(3) Board members The meetings shall be held at any convenient place in
the State of Texas according to proper resolution of the Board designating
same
0
Officers Quorum
The Board shall organize by electing one of its members as Chairman,
and another of its members as Vice -Chairman The Board shall designate a
Secretary to keep the minutes and records of the Board, who may or may not
be a member of the Board itself A majority of members of the Board shall
constitute a quorum Concurrence of a majority of the Board shall be
necessary for any official action taken by the Board
7
Members Compensation, Reimbursement
The duly elected, qualified and acting members of either the original
or permanent Board shalt serve without compensation, but shall be entitled
3
to reimbursement of actual expenses incurred in the performance of their
official duties upon the approval of such expenses by the Board
0
Powers and Duties
The Board, in addition to other powers and duties herein conferred and
imposed or authorized by law, shall have the following powers and duties
to -wit
A, The Board may contract for such professional services as it may
deem necessary and shall fix the time, manner and payment therefor
B. It shall be authorized to contract with any oualified organization
to perform any of the functions necessary for the carrying out of
a self -insured workers' compensation pool arrangement, including
reinsurance, claims, administration, safety engineering services,
administrative services and any and all other services that the
Board shall deem expedient for the proper servicing of those Fund
Members who use the services of the Fund
c It shall make provision for proper accounting and reporting
procedures for each of the Fund Members so that they shalt be
apprised at all times of the nature of the claims arising within
their jurisdiction, the manner in which these claims are being
handled and the impact of the same upon the Fund
D. It shall provide for annual audit of the books of the Fund to be
supplied to each of the Fund Members as may be requested
E. It shall carry out all of the duties necessary for the proper
operation and administration of the Fund on behalf of the Fund
Members and to that end shall have all of the powers necessary
4
and desirable for the effective administration of the affairs of
the Fund
F It shall arrange for the investing of the monies of the Fund so
as to keep the same invested according to law and at the best
interest rates obtainable for the benefit of the Fund Members
It shall provide for the banking of the monies of the Fund and
the proper security of any and all investments
G The Chairman of the Board shall appoint an Executive Committee of
the Board to handle the affairs of the Board in between the
regular Board meetings or any of the called Board meetings, with
such functions as may be designated to the Executive Committee by
the Board by resolution properly adopted
H It shall have the authority to terminate membership of any Fund
Member that fails to abide by the reasonable requirements of the
Board concerning payment of dues and contributions, installation
of safety requirements, cooperation with the claims agents or
attorneys representing the Fund or any of the Fund Members, or
any other action that may be detrimental to the fiscal soundness
or efficiency of the Fund on behalf of its Fund Members
I It shall develop and prepare a contract to be signed by each of
the Fund Members as they Join the Fund and shall determine the
amount of reinsurance that shall be purchased by the Fund
J It may require the securing of a fidelity bond upon each and all
of the employees of the Board or upon other persons charged with
the duty of handling any of the monies or investments of the
Fund
K It may hire attorneys, accountants or such other professional
persons that it may deem necessary for the proper protection of
5
the Fund These persons shall be paid as provided in the contract
for hire as executed by the Board
L It shall provide for a suitable seal with the following letters
upon its face "TEXAS POLITICAL SUBDIVISIONS WORKERS' COMPENSATION
JOINT INSURANCE FUND " The seal shall be used for the authentication
of legal documents, contracts and other instruments indicating
the official action of the Board
M The Board shall have the general power to make and enter into all
contracts, leases and agreements necessary or convenient to carry
out any of the powers granted under these bylaws or by any other
law All such contracts, leases and agreements or other legal
documents herein authorized shall be approved by resolution of
the Board and shall be executed by those individuals designated
in such resolution In the absence of such designation they
shall be executed by the Chairman or Vice Chairman and attested
by the Secretary of the Board
a
Fund Members
Any political subdivision within the State of Texas is eligible to
became a member of the Fund Each of the Fund Members shall be required to
pay to the Fund the contribution as provided by the contract between the
Fund and the Fund Member Failure to pay the contribution as and when due
shall render the membership of the Fund Member subject to termination by
action of the Board For the proper protection of the Fund each Fund
Member shall be required to make such reasonable safety regulations and
take such safety precautions as may be required by the contractor representing
the Fund In the event that there is any disagreement between the Fund
Member and the contractor, the Fund Member shall have the right to appeal
to the Board and a decision of the Board shall be final
U
1n
Fund Year
The fiscal or fund year for the Fund shall he from the 1st day of
October of each year and ending on the 30th day of September of the succeeding
year
11
Withdrawal From Membership
Any Fund Member may withdraw from the Fund at the end of any fund year
by giving at least sixty (60) days notice in writing to the Board of its
desire to so withdraw The Fund Member withdrawing may not withdraw the
reserves on any of the claims that are being paid from the Fund or will be
required to be repaid from the Fund The Fund shall continue the servicing
of any claim pending after the withdrawal of the Fund Member unless the
Fund Member specifically assumes the liability and makes provision to
indemnify the Fund from loss by taking over the servicing of the claim
12
Amendments to Bylaws
These Bylaws may be amended by the Board of Trustees of the Fund after
notice of the proposed amendment has been mailed to the members of the
Board of Trustees at least ten (10) days prior to the day of the meeting to
consider same The Board of the Fund shall recommend such changes as it
deems necessary or desirable from time to time
7
TEXAS POLITICAL JOINT
SUBDIVISIONS
WORKERS'
COMPENSATION
UND
(Flexible Cost Plus/Cash Flow Plan For Large Political Subdivisions)
INTEPLOCAL AGREEMENT
This Contract and Interlocal Agreement entered into by and between
the Texas Political Subdivisions Workers Compensation Joint Insurance
Fund (hereinaftero as Fund") and cal
"Fund
Member") for the purpose of providing the statutory benefits prescribed
by Article 8309h of the Texas Workers' Compensation Act for employees of
political subdivisions.
WITNESSETH
The undersigned Fund Member in consideration of the adoption of a
TplanexasoStatutesnstoaprovideauthorized in Article Workers' Compensation8benefitsratnasAnnotated
minimum
cost and in further consideration of other political subdivisions
executing similar interlocal agreements does hereby agree to become a
self -insured workers' compensation employer by becoming one of the
members of the Fund. The conditions of membership agreed upon by and
between the parties are as follows
1 Definition of terns used in this Interlocal Agreement
a. Polit"Board" - refers to ical Subdivisions eWorkers' Compensation JBoard of Trustees of ointTexas
Insurance Fund.
b, "Pemiuinrsomemparts ofothisbInterlocalre used Agreementter"haneably
Premium" 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 to be
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".
d�"Manual"Servicing Ratesntrether'basicexas Employers' workers' compensation ce rates
Association
rates
applicable to each classification of employees promulgated
by the State Board of Insurance.
e, "Manual inContribution" hadeterminedremium
by applying the manualrate ofeachclssificationod
premiumpbefore anythat
modifiersclassification
discountstare applied
"Exp
rience
difier" -
hat
actor
ts
f. FundeMember'soindividualtlossfexperiencehandfisce based on
the State Board of Insurance experience rating plan
g. "Standard Premium or Contribution"- the amount
er othat
is
determined by applying the
Fund Member to the Fund Member's manual premium While
this premium figure under the Fund Member's self -insured
"Cost Plus" plan does not reflect payments or charges
made, it does serve as a desirable benchmark and allows
the Fund Member to compare its results with other entities
of comparable size.
h. "Fund Year" - October 1 through September 30
2. This Contract shall commence at 12 01 a.m on the date shown
as "effective date" found on the signatory page of this contract, and
shall remain in full force and effect until terminated as hereinafter
provided. This Contract may be terminated by mutual consent or by sixty
(60) days prior written notice by certified mail of such termination by
either party
3. Annually,
each
Fund
Member
Fund, itsestimated
shall
tpayrollFund
for eachPremium
Worksheet form supplied bythe
classification of employees. The rates established by the State Board
of Insurance shall be applied to arrive at a manual premium If the
Fund Member has established, through experience, a modifier, then the
experience modification of that Fund Member shall be used to arrive at
the standard premium In the absence of an earned experience modification
for the Fund Member, the manual rate as established by the State Board
of Insurance will be used as a guide to produce a manual, as well as a
standard, contribution
The newly enrolling Fund Member who has not previously been a
member of this Fund or the Fund Member who has not previously operated
under this "Cost Plus" plan, agrees to pay the Fund, on or before the
inception date of this Interlocal Agreement, an initial deposit of one
(1) month's estimated paid losses plus 1/12 of the administrative service
charge, catastrophic excess of loss excess insurance/reinsurance charge,
safetyaengineeringfloss chargee(ifsapplicable)/asisetrance forthcinrge, and Exhihithe
A
attached hereto. On or before the beginning of the second month after
toemakeeaniidentical fpayment nasrdetermined above local Agreement thOnFordbefore ragrees
incpton date this the
beginning of the third month after the inception date of this Interlocal
Agreement, the Fund Member shall pay an amount equal to the actual paid
losses of the first month times (x) the loss conversion factor as set
forth in Exhibit A, for claims administration services plus 1/12 of the
annual administrative service charge, catastrophic excess of loss excess
insurance/reinsurance charge, aggregate excess of loss excess insurance/
reinsurance charge, and safety engineering charge (if applicable) On
or before the beginning of the fourth month of this Interlocal Agreement,
a similar payment based upon the actual paid losses of the second month
shall
everyto the Fund with month thereaftersubasedent upononthly actualppaidnts to be paid
be paid losses
2
The Fund Member who has previously been a member of this Fund prior
to the inception date of this Interlocal Agreement and has operated
under this "Cost Plus" plan agrees to pay the Fund for those services
described in this Agreement and at the charges listed in Exhibit A
attached hereto. Each month's billing will include 1/12 of the annual
charge for administrative services, safety engineering, catastrophic
exceloss excess Exhiaggrebit excess Aattached
hereto Also included in this billing will be an amount equal to the
actual paid losses of the Fund Member times (x) the loss conversion
factor as set forth in Exhibit A as the claims administration charge
The actual paid losses of the Fund Member are those losses paid by the
Fud ton then billing months Fund
TheseMember
paymentsthe
are duemonth
atwhich
the begiinnni gmonths
thprior
behalf of e
month, that is, for example, the December billing is due at the Servicing
Contractor's office on December 1
It is further agreed that those charges (administrative services,
catastrophic excess of loss excess insurance/reinsurance, aggregate
excess of loss excess insurance/reinsurance, and safety engineering)
that are based on standard contribution will be adjustable at the end of
each Fund Year, based on audited standard premium which is calculated
using actual payrolls, manual rates, and experience modifiers. At the
end of each Fund Year there will be submitted by the Fund Member actual
payrollsed on the
payrollooks of recordsthe of anydFundber he Fund reserves
Member
It is further agreed that the Fund Member will maintain a loss
deposit with the Fund equal to two months estimated paid losses and this
deposit will be adjustable periodically to accurately reflect realistic
ronthly loss payments
After termination of this Agreement, the Fund will continue to
handle claims with an accident date occurring durino the term of this
Agreement until such claims are disposed of After termination of this
alleclaims handledent, the dby therFundlare disposedthe deach of, onlydthee onthlymonth,
claimsuntil
administration charge calculated as described above, and the monthly
reimbursement of actual claims losses paid on behalf of the Fund Member
as determined above
In the event that the Fund Member fails or refuses to make the
payments of charges as herein provided, the Fund reserves the right to
terminate such Fund Member by giving ten (10) days written notice by
certified mail and to collect any and all payments that are earned pro
rata for the period preceding contract termination
4. The Fund has obtained specific excess of loss excess insurance/
reinsuane behalfrofcitsnFundgMembers.regate The excess ess of sinsurance/reinsurainsurance/reinsurance excess insurance/reinsurance
thishprotection, itslelectioneshall bemIndicatedton ExhibitmAer elects
5. The Fund has contracted with the Servicing Contractor to
supply safety engineering services to the Fund Member 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 or as may be modified for the individual Fund Member The
Fund Member agrees that it will cooperate in instituting any and all
reasonable safety regulations that may be recommended for the purpose of
eliminating or minimizing hazards that would contribute to workers'
compensation losses 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 decision will be final and binding on all
parties.
Fund Member enIfntheing Fundservices
Member electsprovided
thisare,
optional
service, Its
election shall be indicated on Exhibit A
6. The Fund Member agrees that it will appoint a workers' compensation
coordinatoanits Srvicin
Contractor rshall of enot benrequired t head ato�contact and aany hother dindividualeexceptg
this one person Any notice to or any agreements with the workers'
compensation coordinator shall be binding upon the Fund Member The
Fund time Memberge the oorintofrom me to
the Fund
7. The Fund, through the Servicinq Contractor employed by the
Fund, agrees to handle any and all claims after notice of injury has
been given, to prepare all required Industrial Accident Board forms, and
provide a defense The Fund Member hereby appoints the Servicing Contractor
as its agent to act in all matters pertaining to processing and handling
of workers' compensation claims and shall cooperate fully in supplying
any information needed or helpful in such defense They shall carry on
all negotiations with the injured employee and his attorney at the
prehearing conference and negotiate within authority previously granted
by the Fund If a personal appearance by a representative or a co-
the1F nd Member. The,ServicingnContractor wPllaretainwand supervise
legal counsel on behalf of and at the expense of the Fund necessary for
the prosecution 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 an Industrial Accident Board's
final ruling and decision However, any Fund Member shall have the
righh the
involving one of their emploees,
the Servicing Contractoro consult
t case 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 brouqht or defended by the Servicing Contractor and the Fund
shall be name of the
allical reportsdandsion filingsorequirednbyntany
he
Workers' Compensation Law and the Industrial Accident Board of any
employ r will be the responsibility of the Fund Member. It is further
unders ood that this agreement does not cover discrimination suits under
Articli 8307c. There shall be supplied periodically to each Fund Member
a comp ter printout involving a statement of claims, claims status, and
activity report cumulative for each Fund Year
B; 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.
9� The Fund agrees that all Fund transactions will be annually
audited by a nationally recognized, certified public accounting firm
10. The Fund Member agrees to pay any Industrial Accident Board
maintenance
tax
that
t theI imposed
nternaland
RevenueFund
Serviceagrees to file the
necessary tax forms wi
1i1 Any party hereto paying for the performance of governmental
functions or services shall make payments therefor from current revenues
available to the paying party.
12. The Fund further agrees to provide a complete range of admini-
strative services to include, by way of example, but not of limitation,
the following
a. Statement of claims printouts rendered monthly and keyed
by designated functions or departments.
b. Monthly billing statements for reimbursement of current
payments plus contracted fees
c. Semi-annual printouts of all claims including prior Fund
Years indicating current incurred loss valuation.
d Maintenance of loss and payroll statistics for determination
of the Fund Member's experience modifier
13. The Fund agrees to provide Employers Liability Insurance
coverage (commonly called coverage 8), in accordance with and to the
same extent as, the provisions of Part Two -Employers Liability Insurance
of the standard Workers Compensation and Employers Liability Insurance
Policy
toryapproved
EndorTexas
itState
Insurance,
PartcTwo,no the
Texas6enda
except as follows
a, In Part Two, paragraph A, 2, the state or territory
listed is to be Texas.
b. In Part Two, paragraph G, the limits of liability of this
coverage are to be as follows
Bodily Injury by Accident $100,000 each accident
Bodily Injury by Disease $1001,000 each Disease $500,000 Policy Bodily
C. It is understood that this Employer Liability coverage
does not cover discrimination suits under Article 8307c
d ReferenceAgreementsshall to winclude Employers ion" in iocal
Liability Coverage
unless the context clearly shows otherwise. All other
provisions of this Interlocal Agreement shall apply to
this Employers Liability Coverage unless the context
clearly shows otherwise.
e LThe Fund iabilityaCoverage at theeat no followingadditional charge Employers
limits
Bodily Injury by Accident $100,000 each accident
BodilBodily Injury by Disease Disease $500,000 each accident
000 Policy limit
If the Fund Member elects higher limits than this, the
Fund Member agrees to pay an additional charge for the
higher limits at a mutually agreeable rate The higher
limits and corresponding charge, if so elected, shall be
indicated on Exhibit A.
14. No accidental errors or omissions upon the part of either
party shall relieve the other party of its responsibilities under this
Agreement, provided such errors or omissions are rectified as soon after
discovery as possible The Fund shall not be held accountable for any
increased cost or expense to the Fund Member under any contention that a
claim, safety engineering, or an administrative service could have been
handled differently except that the Fund may be held accountable for any
deliberate
willful
respect toa ocarry
specific matterreasonable instructions of
the Fund Member with
15. The Fund Member will he solely responsible for future benefits
payable and for funding its net reserve The Fund Member agrees to hold
the Fund harmless from any and all claims (including attorney fees) that
may be asserted against the Fund for the non -payments of any claim due
to the failure of the Fund Member to maintain adequate reserves for the
payment of claims.
IN WITNESS WHEREOF, the parties have hereunto set their hands by
their representatives thereunto duly authorized this day of
,
Contract Number
TEXAS POLITICAL SUBDIVISIONS
WOPKERS' COMPENSATION
JOINT INSURANCE FUND
BY
Effective Date Fund Secretary
Dallas, Texas
FOR
Fund Member Name
BY
-Authorized ofc a
Signature & Title
The Workers' Compensation Coordinator
for the Fund Member is
COORDINATOR
NAME
FUND MEMBER
NAME
ADDRESS
CITY ZIP_ ---
TELEPHONE
Texas
SUPPLEMENT TO INTERLOCAL AGREEMENT
TEXAS POLITICAL SUBDIVISIONS WORKERS' COMPENSATION
JOINT INSURANCE FUND
In consideration of the Fund Members' request for payment of
additional
pay such benefits, thenInterlocalfurther oAgreement is amended nsideration of the u,agreement
by adding
to
thereto the following applicable coverages
Volunteers - Firemen, Policemen and Emergency Medical Personnel -
If any person within these groups of employees hereinafter described and
for which a payroll classification is checked below, shall sustain
Injury.
course and scope of their official volunteer duties, the Fund will payon behlf of the Fund Member including death resulting therefrom. while acting within the
hlmedical
compensation payments providedundertheTexas Workers' Compensation
um
Compensation
Law.
Other Volunteers - Inside and Outside - If the Fund Member specifi-
cally names volunteers other than those in catagories set out above,
registers such names with the Fund, and a payroll classification is
checked below for these groups of employees hereinafter described. the
Fund will pay on behalf of the Fund Member the full medical benefits and
the minimum compensation payments provided under the Texas Workers'
Compensation law for injury, including death resulting therefrom,
sustained by such persons while acting within the course and scope of
their official volunteer duties.
Elected Officials - If a resolution of the governing body has been
adopted providing coverage for elected officials as required by law, and
a payroll acting within sthe icourse and cation is csc pedofetheirlow sofficialuch tduties,ed cshallials wbele
covered by the Interlocal Agreement as any other employee of the political
subdivision.
The Fund Member agrees to pay premium for the payroll classifications
checked below
Description of Group of Employees
Volunteer Firemen
_ Volunteer Policemen
Volunteer EM Personnel
Other Volunteers -Inside
' Other Volunteers -Outside
—' Elected Officials
The parties to this agreement do
applicable to themselves any provision
Lew not already in force and effect as
Code 7704
Code 7720
Code 7720
Code 8742
Code 3724
Code 8742
not by its use intend to make
of the Texas Workers' Compensation
to them This agreement shall be
subject to all the terms, provisions and conditions of the Interlocal
Agreement, and nothing herein contained shall vary, alter or extend any
term,iprovision or condition of the Interlocal Agreement except as
herein specifically stated.
This agreement shall be effective on 19 .
Contract um er Fund Member
By Si gnature
H
TEXAS POLITICAL SUBDIVISION WORKERS'
COMPENSATION JOINT INSURANCE FUND
By TPS un ecretary
-2-
II
III
city of Denton
Liability Program
Third Party Claims Administrative Services
Proposal Preface
The Employers insurance of Texas Group, by utilizing an
affiliated company named "Employers Claime Adjustment
Services, Inc ", wishes to offer the City of Denton a
self -funded liability program with third party liability
claims investigation, adjustment and management services
Administrative service Period
The term of the services offered in this
proposal shall be from ®October 11,1907 - September 30, 1990
and annually thereafter
Services To Be Provided
A. Employers will provide claims investigation,
management, administration, and settlement
recommendation services to the CCit OOf Denton
c(hereafter '*City") for the following
coverage classifications
1 General Liability
2 Auto Liability
3 Police Professional Liability
4 Public Officials Liability
B The city will report all claims falling within the
coverage classifications mentioned in section III, A to
Employers and Employers shall establish claim files to
include claim codings, reserves, and record of
payments for the reported claims
C. Employers will investigate, adjust, make settlement
recommendations and negotiate settlements on behalf
of the city with the injured third parties or their
duly assigned representative
D The Employers settlement authority will not exceed the
mutually agreed value reached between Employers and the
City previous to settlement negotiations with the
Injured third party or its duly assigned
representative
E The City 1e to establish a
fund This Trust Account i
city for payment of claims.
Trust Account as a loss
s to be funded by the
rs
not be
iven the
orit
o Issue
I
draftseand/or lchecks in an payment Ofhclaimt sincurred
by the City,
2 The City will be soley responsible for funding
and will agree to maintain the lose fund at a level
necessary to pay the claims and claims expenses
incurred.
3 All cost in connection with establishing the Trust
Account and with maintaining the lose fund will be
paid by the City
4 The cost of printing checks or check requisitions,
administration and account reconciliation of the
Trust Accounts loss fund will be the responsibility
of the City.
F This proposal dove not obligate Employers to providing
the City with safety and loss control services Upon
the request of the City, Employers will offer these
services on an annualized basis at the expense of the
City
0 The City will notify Employers of any excess insurance
applicable to any claim. it will be the City's
responsibility to report claims which may fall within
the excess carrier's level of coverage and to make
any filings with the excess carrier as required
H Employer$ will supply to the city during the term in
thesewhich claim services a
monthly loss reports Thesereportswillincluderendered,
a
detailed listing of all claims by areas or departments,
by
loss
Employers payments,o®willenotobeeresponsdescription
the
oflosses
failure of the City to notify Employers of any claims
incident, payment or settlement, or other circumstance
beyond Employers control Should the professional
services be terminated for any reason, Employers will
be under no further obligation to furnish the City with
statistical reports,
bligated
I eanylCity y officialoyers will not be orepo is or documents prepare o
docuents
n behalf of
the required by
rederal. State or Local authorities in connection with
claims handling.
J Employers necessary for 1proper furnish forme
claims administration tion
K Employers will recommend and upon approval by the City
retain and supervise legal counsel on behalf of the
City for the defense of any litigation Any suit
handled by Employers shall be in the name of the City
L This proposal for professional services does not
require Employers to provide services to the City
for losses or occurrences prior to the proposed
commencement date of service mentioned in Section II
In no event will Employers have any liability or
obligation for work performed or expense incurred by
others
M Appeal of any came will be solely at the discretion of
the City
N The claims files, excepting for the internal working
Papers of Employers, will be deemed to be owned by the
City Employers will release to the possession of the
City all closed claim files
o Employers will furnish all labor required to perform
the services and will have full control and direction
over the method and manner of supervision of their
employees
P Employers will be in agreement with the City
appointing a coordinator and Employers working
primarily through this individual for liaison purposes
IV Compensation
A Employers will be compensated by the City as
invoiced Compensation will be payable within thirty
(30) days of receipt of the invoice Fees shall be per
Addendum I
B Exclusions• The fee schedule contained in Addendum I
does not included the following items
1 Attorney's fees, reporter's fees, bonds of any
nature or type (including but not limited to appeal
and supersedeas bonds) and court costs
2. Medical examinations and witness fees
3 official documents and transcripts
4 Photographs, official reports and appraisals
8 Expert's fees, subrogation investigations and sub
rose investigation
6 Extraordinary travel expense, incurred at the
city's request
7 Safety and loss control expense
8 Any extraordinary expense, and
9 Any other expense not expressly assumed by
Employers
The City will pay expenses of this nature from the City's
lose fund and Employers will not be required to advance
funds on behalf of the City for such expenses
V Proposal Conditions
Pricing for these third party claims administrative
willthe City
services are award itspremised Workers, C mpensationon the ucoverage totion the Texas
politicalon which
assumption
prove to be incorrect , , current proposal charges for
the third party services could not be honored and would
require adjustment,
This proposal is only an expression or outline of service
intent and will be subject to the finalization of a
contract agreed upon by both parties prior to the proposed
commencement date of service
Addendum I
Fees And Expenses
1, $3s per hour for a field adjuster's service
2 $40 per hour for a home office adjuster's service
3 260 per mile auto charge
4 $3a for each claim file creation
6 Monthly computerized loss reports at $Boo annually for each
line of coverage recorded
A general Liability
B Auto Liability
C Police Professional Liability
p Public Officials Liability
6 ndlnoeseparatesAdjustment administrativerfeess has
specialcopying
charge
services
including but not limited to, out-of-state adjusting firms
reconstructiveand services, engineering
studies, legaldefense, specialinvestiatorrsandwitnesspY
transportation and lodging fees will be charged to the City
at actual cost
7 Any sales tax, if applicable
** TOTAL PAGE 06 **