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1992-114ALL002AB ORDINANCE NO. ON ORDINANCE ACCEPTING THE PROPOSAL OF NATIONAL UNION FIRE INSURANCE COMPANY FOR PUBLIC OFFICIAL LIABILITY INSURANCE COVERAGE; 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 National Union Fire Insurance Company for public official liability insurance coverage for the city of Denton, a copy of which is attached hereto and incorporated by reference herein, is 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 , 1992. ATTEST: JENNIFER WALTERS, CITY SECRETARY DEBRA A. DRAYOVITCH, CITY ATTORNEY CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76201 MEMORANDUM TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: June 25, 1992 SUBJECT: PURCHASE OF PUBLIC OFFICIAL'S LIABILITY INSURANCE Recommendation: That the City Manager be authorized to award an insurance contract to National Union Fire Insurance Company for Public Official Liability Insurance. Summary: Quotes received from the bidding process are outlined on the attached paper. National Union Fire was not only the low bidder but also offered the lowest deductible at $25,000 for a $1,000,000 limit policy. All policies provide approximately the same basic coverage with the exception of National Casualty whose policy covers electric Utilities thus accounting for their higher premium. National Union Fire has the highest A.M. Best rating (A+ 15). A sample policy is also attached for your review. Background: T~e potential for the City of Denton to sustain an unacceptable large loss is likely to increase over the next few years and could present a danger to our Risk Retention Fund. Lawsuits under the Americans with Disabilities Act and other civil lawsuits will likely be filed as civil rights cases in Federal Court thereby stripping the city of State tort protection. Public official Liability insurance will serve as protection from depletion of our Risk Retention Fund from such lawsuits. Fiscal Impact: Premiums will be paid from the Risk Retention Fund. Respectfully Submitted: Lloyd V. Harrell city Manager 817/566-8200 D/FW METRO 434-2529 Prepared by: Max Blackburn Risk Manager Approved: John F. McGrane Executive Director of Finance MB:lb AFFO02E2 L&w Enforcement and Public Of Eicials Liability Insurance 1992 Bids National International National Union casualty Ins. Co. Fire 1,.000,000 50~000 *$103,273 Declined to Declined to 2,000,000: ' 50,:000. 139,383 Bid Bid 1,000,000 '' :100:,000 88,819 ~ ~ ooo, oo0 ~. ::~oo] 0o° ~9,872 . 1,000,000 [ 50,.000: $62,023 $37,816 : !,000,000 100~ 000 56,100 - . . . 1,000,000 25,000 46,425 2~ 000,000 ' 25,00O: $32,240 2 ~'.000,000 50,000 $53,231 3,ooo~ooo .. .~o~ooo 6~,s~3 ,ooo o0o '. ' o ;000. vs,s o 5,000,000 ~.0¥ 000:~ 79 414 Airport ~ .' :: 'N/A Yes Yes No Prior Auts~ N/A ' No No No Poi%~tion: ::' N~A : No No No P~tive Dmge : ~ N/A ~ BY ENDORSE~NT NO BY ENDORSE~NT Cancellati0~ :' Yes - 50% Yes - 20% Yes - 25% extension * NOTE: Bids are contingent upon hiring two (2) additional jailers and securing shotguns in all police vehicles. NATIONAL UNION FIRE iNSU OE C°M. PANY OF PrrTSBURK H, PA. ~0 PiNE ~T~E'E'T, NEW yORK. N.Y, 10~/0 In ~n~~n of the ~emlu~ ~ ~n rel~an~ u~n ~ ~t~ m~ t~ ~m~ns page ~ PO~ F~ ~ ~nS~te ~ ~e~ e~ the Na~t Un~n ~e 1n~mn~ ~mpa~ of ~burgh, Ps. ~ere~n o~led ~ -~mp~nY", agr~s ~e fo~lo~ IN~RING AGRE~ME~ 1. ~v~ ~ a a~ O ~t ~e ctaim ~ ~ ~mp~ny ~11 ~Y ~ ~ of t~ I~s ell Lo~ ~ ~ fi~ m~ ~fl~ ~e ~l~ ~ ~d ~ff~ ~ of ~ claim is to pay ~ a~ ~t claim ~ d~ first ma~ a~nst ~ ~u~ of a ~' ~ ~ Publ~ Ent~ for all LO f~ ~ ~ ~ic En~ shall ~ r~ui~ B f~ ~y ~1 cistm o ' n bv law to tnd~n~ ~e ~r~[_~. ~,~ ~ ~ti~ ~ and , ~ ~m~ ny .~ ~- ~de a~ins ~. . ~ ~t~ ~ ~Y f~ any ~ ~ .. -~-~ -~ ~en ~a~ of ~id II. ~ on~ ~st Mu~I~, Govem~n~t A, ,,~io En~" shNI ~1~ ~s~ at ~e i~~n date of of ~ ~1~ E~; by e~ u~ ~ M~i~°n Of ~h ~blic units o~a~ng ~m~ of ~m~ls~s, ~ ~ o~ .... ~..~ i~t~ in ~e ~i~ form, · ai---~, ~a~R a~s, ~s, ~l~eS, h~s- un~s unle~ s~l Y en~ her~n. ~ s, ~ ,.ha ~mmi~ns ~s ~ o~er un~ ss i~ auks or ~w e~or~nt agenci~; Public Eat ~ or to I~ n ~n wo~ing ....... ~e r~n~bte to ~ ---~ ah~ll ~t e~end to a y 4. emp~Y~ a= ~j,=~ ~;~;{d~ t t the nsurance anu,~ set~o~hln 3 a~ve. ..... on a r~si~r or ~ntractual agr~nt; .... .~ ~nm~ten~, insolven~ ~ bank- 5, the estate or I~I r~e~nta~e of InsuredS in the ~se o~ os..,,, ,,,--,--- ~ -- mDtcy or such Insure, - "ehall mean any actual or alleged erro~ or m~tatement ~ m~l~di~ s~t~ent A~ and ~11n~udo da~, Ju~ment~ ~ffie~n~, ~ a~ e~nse of {~aflon and ~ense of p~ ~a~, ~ev~, such ~b~ of L~ s~ll not I~lude fin~ or ~i~es im~ by law, ~ ~e ~m~ny shall ~t ~ liable to ~ke any ~y~nt of LO~ in ~n~flon ~h any claim: A. ~klng ~ m~m of any proffi, a~ge, ~ln or remu~ra~n to ~ioh the Insures were ~t I~elly en~; ~wever, the In~S thNI ~ p~ u~ ~e te~s of this ~liw unle~ a Judg~nt or adjud~n ~lls~l ~h lack ~ I~sl enffile~nt; · e Inures ehall ~ ~t~ un~ the te~s of ~ie ~1~ as to ~y claims u~n ~h ~ ts bright a~n~ t~m ~ ~n of a~ NI~ di~s~ on ~ ~ff of the Inures, un~ a Judgment or ot~r tin~ adjud~aon ~r~f a~ to the Insur~g sh~l e~lish that s~ of a~e and deli~rate dis~s- ~ ~mmiff~ by ~e Inures ~th so. al dishonor pu~se and Intent were material to ~e ~use of action so adjudi~t~; C, s~king rel~, or r~re~, in ~y f~ 0~ than ~ damage; D. f~ ~ily InJu~, sickne~, dl~se, dea~, ~1 ~sh or for o~i~ ~ thereEom; E. for Io~, ~ to ~ d~oflon of any ~nglble ~o~ ~ t~ Io~ of use ~eof by reason of the 1. false effe~t, s~ult or ~e~, detention, Imprisonment, malicious ~o~ion or ~use of ~oc~; n 2. dispem~nt, defa~tion Ino uding ~ ~t I~mlted to libe. s a~er or wola~o of an i~Widual's ~ght of p~W, 3. ~on~l enW °r evl~on or ot~ inva~n of the ~ght of p~ete ~cupa~; G. ~sl~ t~m a ~bl~flon or u~eren~ In the ~ume of or mlet~ to a~si~, br~ ~ tele~ H, ~si~ from i~eme ~emnaflon and/~ a~e L arising from s~ke~ flo~ or oivil com~t~ns; J. arising ~m ~ ~tl~l ~laflon of any s~e, ordinsn~ or r~ulation ~mmiff~ by or ~h the knowledge or ~nse~ of any K. sHslng Eom ~e diso~, dis~l, relea~ ~ ~ape of smoke, vspOrs, ~t, fume, a~s, alkalis, toxic chemt~lg, liquids or ga~s, w~te materisls or other i~tants, ~ntaminan~ or ~llutanm into or u~n I~nd, the atmosphere or shy watercourse ct ~ of water; L. ~stng Imm t~ Insur~'e sctNl~s in s fiducia~ oapaci~; M. a~sing from ac~tie~ of ~ny afforney-at-law, medi~l ~sonnel, archlt~t, engin~r or ac~untent, in the S~ of his ~fess~nal du~; ~wever, no~itbstanding the for~ing, the Insures shell be prot~ed under the terms of this ~li~ as to any claims msde again~ them as Public ~cials or Employees of the Public ' N. for any wrongful act Ocsun'ing prior to the inception date set forth in Item 2 of tile Uec~ara~on3,. ~ ~,r~ inception date an insured knew or might reasonably ex~:)ect that such w~ongful act would give rise to a claim; O. arising out of breach of contract; p. ari~ng out of the aotivltie~ of any law ef~forcement agency or personnel, IV. NuClear En~gy IJabillty F. xclu~lon ~t is agreed that the policy does not apply:. 1. Under any Liability Coverage, to Injury, sickness, disease, death or destnJction. (a) with re~-:~"t to which an Insured under the policy is also an Insured under e nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Uabi[ity Under- writers or Nuclear Insuron~e Assoc~tion of Canada, or would ~e an Insured under any such policy but for its terminafler~ upon exhaustio~ of its limit of liability, or Co) result ng from the hazardous properties of nuclear material a~d with respp~t to which (1) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law emandatory thereof, or (2) the Insured Is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. 2. Under any Mad cai Payments Coverage or under any Supplementary Payments provision relating to immediate medical or surgical relief, to expenses Incun'ed with respect to bodily injury, sickness, disease or death resulting from the hazardous properties of nuclear materiel and arising out of the operation of a nuclear facil~ t~y any person or organization. 3. Under any Liability Coverage, to injury, sickness, disease, death or destruction resulting from the hazard- ous properties of nuclear material, if: (~) +.he nuclear materiel (1) is at any nuclear facility owned by or operated t)y or on behalf of, an Insured or (2) has been discharged or dispersed therefrom; (1~) the nuclear material Is cont~inod In spent fuel or waste at any time possessed, handled, used, e~sed, stored, transported or disposed of by or on behalf of an insured; or (c) the injury, sickness, disease, deathor destruction arises out of the furnishing by an Insured ol se~ices, materials, pads or eciulpment in connection with the planning, construction, maintenance, operation ct' use of any nuclear facility, but if sucll facility is located within the United States of America, its territories or possessions or Canada, this exclusion (c) applies only to injury to or destruction of property at such nuclear facility, 4. As used in this ~tiOn "hazardous properties" includes r~dioactlve, toxic or explosive properties:. "nuclear material" means source material, special nuclear material or byproduct material; "source material', "special nuclear material", and "byproduct material" have the meanings given them In the Atomic Energy Act of f 954 Or. in rely law amondatory thereof; "spent fuel" means any fuel element or fuel component, solid or liquid, which ha.s been used or exposed to radiation in a nuclear reactor; "waste" means any waste material (1) containing byproduct material and (2) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragt.aph (e) or (b) thereof; "nuclear facility" means (a) any nuclear reactor, (b) any equipment or device designed or used for (1) separating the isotopes or uranium or plutoni- um, (2) processing or utilizing si~:>ent fuel, or (3) handling, pro~essing Or packaging waste, (0) any equipment or davies used for the ptocessit~ fabricating or alloying of ~ nu~ear material if at any time the total ar~ount of suoh material in the custody of the Insured at the premises where such equipment or device is toe,ted consists of or contains mo~e than 25 grams of plut~:~um or uranium ~ or any combination thereof, ot more that~ 250 grams of uranium (d) any atructure, basin, ~avatton, premises or place pre~J~d or used for the storage or disposal of waste~ and includes the site on which any of the foregoing is located, alt o~eraJti°ns ~enducted o~ such site and all "nuclear reactor" means any apl:~tus dealgned or used to sustain nuclear fission in a self.suppo~ng reaction or to oontain a orltical mass of flslBenab~e material; With respect to Injury to or dsstruotlon of ptope~' the word "injury" or "destmotion" inok~des all forms of radioactive contemin~tion of property. FURTHER TO THE ABOVE, the Comp~ly shall not be liable tO make any payment for loss arising out of any radioactivity of anything whatseave~ or any nuclear reaction or exp~:~sion, no matter where it ooours or where the resu~ of it take effset. v. ut~t ef uablilty. A. This policy is only tO p~y the exce~ over the deductible amount as set foclh in Item 4 of the Deolarations in respect of eaoh and every Loss (a~ herein defined) hereunder. The deductible amount is to be borne by the Insureds and Is not to be insurad. Loss arising out of the same Wrongful Act or series of continuous, repeated or interrelated Wrongful Aots giving rise to a olalm or claims shall be construed as a single Loss and only one deductible amount shall apply thereto. B. The total liability of the Company for any Loss or Losses during the PoliCy Period (and including the DiscoveP/Period, if applloable), shall not exceed the Limit of Lial~ility stated in Item $ of the Declarations. The Inolusion herein of more than one Insured shall not serve to inorease'the Company's Emit of Liability. VI. Defense Pro¥1ei~r~ A. The Insuteds shall not admit liability for or settle any claim or incur any costs and expenses of investigation end/or defense in oonno~on with any claim without the Company's prior written consent (whioh consent shall not be unreasonably withheld). B. Tl~e Company shall have the right but not the duty to assume, in the name of the Insureds, the investiga- tion and/or defense of any claim end in the event of the exoroise of this fight the Insureds ~all provide the Oompe~y with their full cooperation C. If the Company recommends seffiement of any claim and the !nsurods refuse, then aubjeot to Section V, Umit Of Liability, the Company's !labtl~ for LOSS shall not exceed the amount of the settlement rseOmmanded by the Company and the costs and ex'~:~e of investigation and/or defense as of the time of the Insured's refusal and the Insured shall thereafter r~egottata, investigate and/or defend such claim or suit Independently of the Company. Vii. I.~ Previa!one A, The 0ompany shall, during the pendenoy of any claim or suit made, periodically reimburse the Insureds for that portion of Lo~ eons!sting of costs and expense of investigation and defense of suits provided that in those instances in which a final adjudication establishes the application of Exclusions A and/or B the Ineureds shell, on demand by the Company, return to the Company any such amounts. B. The time when a Loss shall be insun'ad within the meaning of this Policy shall be the date on which the sureds shall give written notice to the Company as hereinafter provided. C. The Insureds shall, as a oor~lition preoedent to the Insureds' rights under this Policy. give notice as soon ~racticable to the Company of any claims made against the Insurads. O. If during the Policy Period, or during the Di~..-'overy PeriOd (if the fight is exercised I~y the InsuredS in tance with Ssetion VIii, Di~ovory Period), the Insureds shall: (1) receive written or oral notlco from any third pm'ty that it is the interdion of such third party tO hoio ms tnsureds responsible for the results Of any Wrongful Act; or (2) become aware of any occurrence which may subsequanth/give rise to a ctNm being made against the Insureds as respects any Wl-er~hJI Act; and provided that in either case the Insurede giVe written notice to the Company during the Policy Period or during the Discovery Period, if simile, able, of Such written o~ omi notice under (1) above or ~h o,~Jrrenoe under (2) above, any c~m which t~ subsequently made against the Insureda arising out of such Wrongful Act shall, for the purposes of this Policy, be treated as a claim during the Policy Period,, . E. The Insure<Is shall give the Company such Information and cooperation as it may reasonably require and as shall be in the In~ured~' 13<Twer. VIII, Dil~avery PerWd tf the Company or the Insured cancels or non.renews this Policy, the Insureds shall have the fight, upon payment of the eddi~onal premium of 25% of the tectal Policy premium hereunder, to an extension of the cover granted by this Policy in respect of any olalm or claims first made against the Insureds and reported to the Company during the period of 12 months after the effective date of such cancellatiOn or refusal to renew but only in respect of any Wrongful Act committed before the effective date of such o~noellation or refusal to renew and otherw~e covered by this Policy. This right shall terminate, however, unless written notice of such eleobon together with the additional premium due is receiVed by the Company not later than $0 days after the effective date of cencettation or refusal to renew. This clause and the rights contained herein shell not apply to any cancellaticn resulting from non-payment of premium. IX. Canoeltatlon Clause This Policy may be cancelled by the Insureds by surrender of this Policy or by giving written notice to the Company stating when thereafter such cancellation shall be effective. This Policy may also be cancelled by the Compar~y by delivering tO the Ina~eds or by mailing to the Insureds by .registered, certified or other first class mail, at the Insureds' address Shown in Item I of the Declarations, written notice stating when, not less than thirty (30) clay~ thereafter, the cancellation shall be effective. However, if the Company cancels the polio'/because the Insureds have felled to pay a premium when due, this Policy may be cancelled by the Company by mailing written notice of cancellation to the InSured at the address shown in this Policy, stating when, not less than ten (10) days the~caftsr, such cancellation shall be effective. The mailing of such notice as aforesaid shall be sufficient proof of nOtiCe and this Policy shall terminate at the time of surrender or the date and hour specified in such notice, whloh shall become the and of the Policy Period, If this Policy she. Il be cancelled by the Ir~ureds, the Company shall retain the customary short rate proportion o! the premium hereon. If this Policy shall be cancelled by the Company, the Company shall retain the pro rata proportion of the premium hereon, payment or tender of any premium by the Company shall not be a condition precedent to the effectiveness of cancellation, but such payment shall be made as soon as prectiOable. If the period of limitation relating to the giving of notice is prohibited or made void by any law controlling the construction thereOf, Such period shall be deemed to be amended so as to be equal to the minimum period of limltsticn permitted by such law, X. Authertz~tlen and Notice By acceptance of this Policy, all Insureds agree that the Public Entity shall act on behalf of all lnsufeds with re,fl~ct to the giving ~ receiving of nOtiCe of claim or cancellation, the payment of premiums and the receiVing of any return premiums that, may become dub under this policy, and accepting any erldorsernent issued to become s I~art of this policy. Notice sent to the Public Entity at the address shown in the Declarations shall constitute notice to ail Insureds, XI. ~enerat Conditions A. Territory This Policy only iLoplies to claims or suits brought against the Insure, is in the United States of America, its territories or possessions, or Canada, 5 B. No~ice of ~aim$ All notices of olaJrn.% 81:~olioat~ons, d~nds ~ ~ue~ p~ ~ in ~is Pol~ ~ll addr~ to ~e ~m~n~s Admlnls~a~e ~, 70 ~ S~t, N~ Y~, N~ Yo~ 10~70. C. Ac~ Ag~n~ ~ No a~ ~111~ agaln~ t~ ~p~Y unl~, as · ~ndit~n ~nt t~eto, ~e tn8~ ~II have ~1~ com~i~ ~ NI ~e t~s of this P~i~, ~r until the ~nt of the In~r~' ~l~t~n to pay sh~l ~ve ~ fin~ly det~tn~ ~het ~ ju~nt against the Insur~ afl~ a~l ~ ~ by ~en agr~nt ~n ~ In.reds s~ ~ olal~nt, ~i~ agr~ment has ~n ~v~ ~ the ~mpany in a~dan~e wi~ ~n VI, ~en~ ~ons. A~ ~n or o~an~flon or ~ I~ repr~enta~e ther~f who ~s ~ur~ ~ j~nt ~ ~en agent s~ll ~reaffer ~ en~fl~ to r~ver under this POli~ to t~ e~ent of ~ insm~ affo~ by th~' Polio. No ~on ~ ~n~aflon shall have any ~ht u~er this Poli~ to ~n the ~ as a p~ to any a~n agNn~ t~ Insu~s to determine ~e Inures' Ilabili~, n~ s~ll the ~mpa~ ~ implead~ by t~ I~ur~s ~ ~elr legal re~e~n~W~. B~kmpt~ or In~en~ of the Insures Or of t~ in.reds' estate shell not relive ~ ~mp~ny of Shy of its obli~tions hereu~r. D. Me~e= ~d A~ui~s If, cluing t~ te~ of this Polio, &n Insur~ named in Item I of the Decl~a~ons shall ~ m~g~, 00nsolidat~ or othe~se ~mbin~, immolate ~en no,ce must ~ given to the ~m~y. ~verege h~nder not ~ply tO any Wro~l Acts ~mm~ ~bs~uent to the date of merger, ~n~lidatton or oth~ ~mbinafion units the ~mpany gNel i~ con~nt In wHfl~ by endowment to ~is Polio. E. Subr~atton ~ause In the event of any ~a~ent un~r this Polio, the ~mpany shall ~e sub~at~ to 81t the In~mds' rights of r~ve~ ~erefore agNnst any ~mon or organization, and the Insures shsll ex.ute and deicer all ins~- men~ and ~a~rs and do ~atever else is n~essa~ to secure such dgh~ for the ~m~ny. The InSures shall do nothing to ~rejudice such figh~. Any amount r~ered in exce~ of ~e ~mpany's total payment shell ~ restored ~ the Insures, less the cost to the ~mpany of' r~ov~. F. ~ In~n~ Such insurance as is pro.ed u~er this Policy sha~l ~ excess over shy other v&lid end coll~flble in~ra~e. G. A~gnm~t This Policy shall ~ void If assign~ or ~ensferr~ without the wdflen ~n~nt of the ~m~ny. H. ~nf~i~ ~ause Terms ~ thls Policy which are in ~nfliot with the s~t~ of tho~ s~t~ w~rein ~ain pr0~si0ns and coverage in~ud~ under this ~1~ me not ~lffed =e hereby amend~ to ~ver on~ t~ provisions and ~v~ages as a~p~ an~ ~fo~ to s~h s~tute~ Nott~ ~ any agent or knowl~ge ~sses~ by any agent or by any o~er ~mon shall ~t eff~ a wa~er or a ohange in any pad of ~is Poli~ or eetop the Company ~om a~e~i~ any fight under the terms of this ~li~, nor shall the te~s of this Poli~ ~ wa~v~ or change, ex.pt by endomement issu~ to fo~ a pa~ of this Polio. in ~tne~ whir, the Company has caused this Poli~ to ~ sign~ by its Pre~nt and S~a~ and countemign~ on the Declarations Page by a duly authorized agent of t~ ~mpa~. 6 ,05/04/al 14:34 '~4043894142 NATIONAL UNION Th or~Imlnt, efflctlVl fo~l ~ll ~umber ~ssu~'to in consideration of the premium ehlrged, It Is hereby understood and egreeCi that Item B (3), Section Il, Definitions, of the Policy Insuring Agreements. Is amended to read la follows: SECTION II DERNmONS ITEM B 3. members Of commissions, boards of uther untts operating by and under the jurisdl¢tlon of such Public Entity and within an apportionment of the total operating budget Indicated In the application form, provided that the Insurance afforded shell not ix'tend to any Of the following boards. ~ommlallona ur units unless specifically endon~ed hereon: schools, elrl)orts, transit authorities, hospitals, utilities (except for the water and waste water utilitieS), housing authorities or law enforcement agencies; AUTHORIZED REPRESENTATIVE SAePI.F- PRZNT OF FOR~ ; POLl3 In ci3nslderaflon of the premium charged, It la hereby understood and agreed that Section III of the policy entitled Exclusions le emended to include the following: The Company eh. Il not be liable to make any payment of loss in connection with any claim: q) prising OUt of any awards of bacl( salary; r) arising out of the operation of or activities of any schools, airports, transit authorities, hospitals, utilities (except for the water and waste water utilities), housing authorities, law enforcement agencies and/or eecurlty agencies unless specifically endorsed hereon; s) to any cross claims or counter claims brought hy one Insured under this policy against another Insured; In addition Exclusion L la amended to read aa follOws: L) arising from the Inaured'e activities in a fudlclery capacity es respects to any employee benefit plan. It further understood and agreed that the combined Limit of Uablltty that the Insurer shall be lie-an, for on any claim Involving this or any other valid or collectible National Union Fire Insurance Company of Pittsburgh, Pa. policy shall be limited to the Limit of Liability stated in Item 3 of the Declarations Page. All other terms, conditions and exclusions shall remain the same ~"~"=IRESENTATIVE