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HomeMy WebLinkAbout1990-12-04; City Council; 10926; APPLICATION FOR MEMBERSHIP IN THE CALIFORNIA MUNICIPAL INSURANCE AUTHORITY CMIAAB# '&E 'a ' TITLE: APPLICATION FOR MEMBERSHIP IN THE <I MTG. 12/4/90 CALIFORNIA MUNICIPAL INSURANCE DEPT. RM AUTHOKITY (C.M.I.A.) DEPT. CITY AT CITY M( r .. z 2 6 a d 0 z 3 0 0 *- ClDOF CARLSBAD - AUtNl# BILL - - RECOMMENDED ACTION: Approval of Resolution No. qc c qr ' requesting membership in the California Municipal Insurance Authority (C.M.I.A.), authorizing the Mayor to execute the C.M.I.A. Joint Powers Agreement on the City's behalf, naming the City's representatives to serve on the Board of Directors, selecting a self-insured retention level of $500,000, appropriating $560,000 from the General Fund and transferring it to the Liability Self-Insurance Fund, and authorizing the payment of a deposit premium of $230,984 to C.M.I.A., pursuant to staff recommendations. ITEM EXPLANATION On November 6, 1990, after an extensive review of the available alternatives, the City Council selected the pooled insurance option and directed staff to proceed with the processing of an application for membership in the California Municipal Insurance Authority (C.M.I.A.). The City has been without liability insurance protection since the cancellation of its policies in 1986. As a part of that process, the City is required to select a designated representative and an alternate to represent its interests on the Board of Directors. It is staffs recommendation that the City Manager, Raymond Patchett, be designated as the City's representative to the Board and that Robert German, the Risk Manager, be designated as the alternate. The C.M.I.A. program provides coverage for loss or damage resulting from personal injury, bodily injury, property damage, automobile liability and public officials errors & omissions. Of particular interest is that included within these categories is coverage foI subsidence liability, street designlmaintenance liability, police and fire liability, and park & recreation liability, including activities on Agua Hedionda Lagoon. Additionally, as a participant in the General Liability Program, the City is also eligible to participate in the Special Event Liability Program that is offered through C.M.1.A That program allows the City to authorize various uses of its facilities while providini special event liability coverage to the users. The users simply pay the required premiun in order to receive coverage for their event. The premium is then forwarded to C.M.1.A The program provides $1,000,000 in coverage and has no deductible. The premiums art set forth on a schedule and are based upon the nature of the activity or use. The application process has now been completed and a quotation for coverage has beer received. The annual deposit premium required for participation in C.M.I.A.'s liabilit! insurance program is $461,967. An itemization of that premium is set forth below: , 8 * PAGE 2 OF AB# Id, (.;. ab C.M.I.A. Pool Premium $146,645 C.M.I.A. Catastrophic Loss Premium 19,617 1st Layer Excess Insurer Premium 245,705 (Insurance Company of the State of Pennsylvania) 2nd Layer Excess Insurer Premium 50,000 (Lexington Insurance Company) Total Annual Deposit Premium $461,967 The total annual deposit premium will actually be reduced by 50%, to $230,984, because of The City’s mid-year entry into the program. The amount of coverage provided by this program will be $10,000,000. However, eacl claim will be subject to a $500,000 self-insured retention. That means that the City wil be at risk for the first $500,000 of any loss. Additionally, in a catastrophic loss situation the City would also be at risk for any loss which exceeded the $10,000,000 coverage limit C.M.I.A. is holding a special meeting to formally consider the City’s application foi membership on Friday, December 7, 1990. If approved, coverage will become effectivt on January 1, 1991. FISCAL IMPACT The total premium deposit for entry into the C.M.I.A. program on January 1, 1991 i: $230,984. That amount is one-half of the annual premium because of the mid-year entry Future coverage years will be subject to the full premium obligation. Carlsbad will bt required to participate in the C.M.I.A. program for two full years in addition to its yea of entry. There is an additional obligation which requires the City to maintain an amount equa to three times its S.I.R. of $500,000, or $1,500,000, in the unencumbered portion of thc Liability Self-Insurance Fund. Currently, there is approximately $1,150,000 in thc unencumbered portion of the Liability Self-Insurance Fund. Therefore, an appropriatioi of $560,000 from the General Fund’s unappropriated balance is required to meet thc minimum reserve requirements and to pay the deposit premium. ‘ a 0 /c 926 PAGE3OFAB# / EXHIBITS 1. 2. 3. 4. Premium quotation form. 5. Joint Powers Agreement. 6. By-Laws. 7. 8. 9. 10. Resolution No. ‘8’ 0 -r ”I 1 4 List of C.M.I.A. member agencies. List of C.M.I.A. member S.I.R.’s. Memorandum (of coverage from C.M.I.A. Excess insurance policy from Insurance Company of the State of Pennsylvania. Excess insurance policy from Lexington Insurance Company. Summary of coverage from C.M.I.A. ' I- 1 2 3 4 5 6 7 8 9 1o 11 l2 13 14 15 16 17 18 l9 20 21 22 23 24 25 26 27 28 e RESOLUTION NO. 90-419 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REQUESTING MEMBERSHIP IN THE CALIFORNIA MUNICIPAL INSURANCE AUTHORITY (C.M.I.A.) WHEREAS, the City has been self-insured for general liability purpose since 1986; and WHEREAS, the City has received a quotation for coverage from th California Municipal Insurance Authority; and WHEREAS, pursuant to the provisions of the Government Code, th City of Carlsbad wishes to enter into an agreement with various other public entitie entitled Joint Powers Agreement Creating the California Municipal Insuranc Authority (the "Joint Powers Agreement"), for the purpose of obtaining coverage ij the Liability Program of the California Municipal Insurance Authority (TMIA'I created thereby, as more fully set forth in the Joint Powers Agreement; and WHEREAS, the estimated Deposit Premium to be paid by this City fa 1 said liability coverage is the sum of $230,984; and WHEREAS, said Liability Program offers significant advantages to thi City, justifying the City's participation in such Liability Program, on the conditioE hereinafter set forth, and is in the best interests of this City. NOW, THEREFORE, BE IT RESOLVED by the City Council of thi City of Carlsbad: Section 1. That the City hereby authorizes Mayor Claude A. Lewis tc i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 l6 17 18 19 20 21 22 23 24 25 26 27 28 * e execute the Joint Powers Agreement on its behalf. Section 2. That the City hereby consents to participate in said Liabilit Program on the conditions that: (a) The City's Deposit Premium for the Liability Program Yea beginning on January 1, 1991, as determined by CMIA, shall b for the amount of $230,984; It is understood Deposit Premiums may change from year t year. The City hereby selects $500,000 as its Self-Insured Retentio (b) Section 3. ("SIR') for the Liability Program Year beginning on January 1, 1991 which SIR recognizes will be one of the factors to be utilized in computing this City Retrospective Premiums and related Retrospective Premium Adjustments. Section 4. The City hereby selects $10,000,000 as its Limits of Liability fc the Liability Program Year beginning on January 1, 1991. Section 5. The City hereby directs that $560,000 be appropriated from tk General Fund and transferred to the Liability Self-Insurance Fund. I Section 6. The City hereby designates Raymond Patchett, whose address 1200 Carlsbad Village Drive, Carlsbad, CA 92008, as its representative on CMIA Board of Directors, and Robert German as his alternate, to act on all matters comir before said Board on behalf of the City, as a Member Entity, as if the City itself we1 present. Section 7. The Finance Director is hereby authorized to issue a warrant CMIA in the amount of $230,984 for its Deposit Premium for the Liability Progra < -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 2a m a T ar beginning on January 1, 1991. Section 8. The City Clerk is directed to certify a copy of this Resolution an1 to forward the Resolution and the signed Joint Powers Agreement promptly by ma to the California Municipal Insurance Authority, 7806 Madison Avenue, Suite 146, Fa1 Oaks, California 95628. PASSED, APPROVED AND ADOPTED at a Regular Meeting of th 4th day of December , 1990, by th City Council of the City of Carlsbad on the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson and Pettine NOES: None ABSENT: Council Member Mamaux CLAUDE A. L&I$ Mayor KJTIEST: I -L&&L d @aA ALETHA L. RAUTENKANZ, City &erk 'y, LA- 4-7- __.___,, , 7 ;-ti 0 I I.-*- Y I . I LI xu, I LLLI", 'L, '. -+ EXHIBIT MIA ROSTER & REPRESENTATION (AS of September 23,1990) id p1mm E% BOARD MEMRER BOARD ALTERNATE ci-- -*m=:i Deiiisc Utter' Kathic Utt 20 North Strcct Alturas, CA 96101 CONTACT: Altum, CA 96101. Uenist! u Llcr (916) 223-2512 Ci Clerk 200 North Street 20 North Street Altiirm, CA 9fil nt (916) 233-2512 g 7 mu [ ("1 my FD? ','.111 rm, 11.i ,%ti*,, l/*l/ns CM~A ~ct*cn'Comgcnratlon Program cflccrtie nax 1/01/90 *attp\ Rruihr Commitkc Mcmtw 'CMfA Workm' amp hpm Sutdmrmrr~ Mwr C--------C*C------------------r-----------------.------------------------ Hal Host* Chuck Prince Ci Manager Muyot Pi0 Ten1 r .o. BOX 707 P. .Box707 B COINTACT Avalon, CA 90704 Avalon, CA 90704 Janet Clausen (213) 510-0220 CMlh I.laI?llity Prqrsm cffcam d~rn 7/91/60 CMU H'o~~~'Corn~nri!Wn Pmpnn, c#calv? Mt: 7101 /Sa Spcial hntr Pmgrsm sttcdw dnte: 6/01/90 'CWU WcWvc Coon;rntttec Member *C?dL* WomPrs' Cony Prognrn Sutmnnutrcc Mchr ----------- iY..--------------.-...------..-~~----------------------- Karen Nessler Vacancy clity Clerk 11 1 Greenwood Aye. Blue Lake, CA 95S25 P.O. Box 4S8 CONTACT Karen Nessler Blue Lake, CA 95525 (707) 668-5655 ch(u ~d.d;y riagrss ckake dntc?7/01/86 Ch4l.A Workcrr' CornptnJacion Program efledh'e date 7/01/90 .___"___*L---_______________________r_l_----------------*--*-.*~~.-- Greg Johnson Vacancy Finance Director 1232 Washington Street Calistoga, CA 94515 Greg Johnson (707) 942-5188 CMIA tiahllky Program effedtvc date: 7/01/86 ___"c--__________--__________)c_________----~------------~--------- Charles Stncker Sharon Goode P.O. Box 2440 P.0. Rnx 2440 P. .Box2440 Clearlake, CA 95422 Cleailakc, CA 95422 Ctcarlakc, CA 9542: CONTACT: (707) 991 -8201 (707) 994.8201 Sharon Goode CM~A r,isalry pmgratn tnccIIvc date; 7/01/86 Ci. Clerk 8 rive FhWCe RiRCtQF e 9 .- 5-90 11:23QM ; a+ 231 * R(=V E;'f:XEROX TELECOPIER 7E1 (2) u BOARD ALTEmA Scott Rohlfs 160 W. Elin st. CO;llinga, c.4 03210 ----c----c--~------_----------------------~--.-*------------~------, BO-~MBE~ u Blair King 160 W. Eh Street aalinga, CA 93210 hair King (209) 935-1531. (209) 935-1531 CMU rwllw P~~~ c~a,l:.c dais; lo/arlaa Donald R. Sanborn Ron Richardson Councilman Mayor P.0. Box 236 P.O. Box 751 P.0. Box 52 Ferndale, CA 95536 Fen~diik,CA 95536 Ferndale, CA 95536 Mary 30 rge nse BL 707) 786-4224 (707) 786-4294 (707) 786-4371 i 'ON'I'ACI': CMU r&itip. Fmgmta cnmive date 11/01/87 CMh U'ohrs' Cvmpcnniion Pqnm tllcctive date: 7/01/5+2 ---cc-----.--------P----------*-------------*-------"----*---------- Dnvid A Breningq, TrtilSurer+ CfL ~dUJ~ll./~~l~ LieriC rinance uirector L-1 Grufi VnllBy, Ch 95945 12!!Eai Maiu Slrcal 125 East Maiii st. Ww Pctrm CONTACT: Grass Valley, CA 95945 GrassValIe CA 959 David A. Breninger (916) 273-2203 (916) 273-2Jb3 CMM Urblttty Program cffectivc dptr 7/01/86 'M &.?CUCNC Cummince Membct --..llc-1--"-------------c--------------------~~-*----------a-------------' Sam Racndio, V.P." Vacancy Ci Manager 26 Y 85 East Base Line Highland, CA 92346 Sam Racadio (714) 864-6861 CMU fJobiilg Frapm c%ak &t(: 2/'0l/OO .cMIh e=u(tr= Cwa44lli.F M.Ih C$fk WOmrS' COqMalEon ?+m CffeahT dBlC 7/&1/% w WOmn' CQmP P- Submtmlmc hie&r pmpq pq-m eitxthrc date: 1/61/9d spxid &events Prom tffcaivt a< W/Ol/W -*II*I--.--"----*--Y-----L-C--------------------------------~---------*. Beryl P. Robinson, Jr. 31 9 Broad Street Ci Manager Nevada City, CA 95953 Cathy Wilcox-Barnes Ci Clerk 31 7 Broad Street Nevada City, CA 959: Nevada City, CA 95959 CC)NTh(lTI Beryl P. Robinson, Jr. mu [hmr)i Propam cnecriw me:-d/~a/m (916) 265-2496 (916) 265-2496 u 4 24E 0 11- 5-90 11:23QM ; 7Bw PC*] B f : /ERTJX TELECOP I ER 8 (3) W MEMBER ROAR D MEMBER BOARD ALTERNA'I Ccnrgc C, ThacheP Vacancy 300 Forcst Avcnuc 30 City Attorney City Attorney PncificGrove,CA 93950 CONTACT; Pacific Grove, CA 93950 or George C. Thacher (408) 373-1576 CMU I iah!!ItyPmpm ctfecihic date: 7/01/86 Workerr' Compcnwibn Pragnm (wow-oniy) effecihn dm: 7/01/90 'CMW %ewtiw Committee Vemr Sncclgl Wmtr Pmarnm cflccttvc ME* rl,/nl;m --------------------------..------.------..------------.-----.-----. Frank B. Dunnavant Robert D'Aniato 401 E. Cha man AVC Director of Fi name 4111 E Cba manAvenue Plmuntia, A 32670 e Placentia, e A 92670 (714) 993-8237 Frank B. Dunnavant (714) 993-8237 CMIA I lnhllity Pwpm clltatw dplc 7/01 /& -bTt..l..l....l---------..i---------------------~---------.------~*---- Robert Semple Lennie Mills Ci Admimstrator Finance DirJCity Cle 487 Main St, 48' MainSt. Mactrville, CA 9566' Ptacerville, CA 95tW 7 .i CONTACT: Placemillc, CA 95667 Robert Semple (916) 622-6200 (916) 622-6200 0th ftnhility Fqna cllc&tkc hfe: ?/OI/OC ---1..1*.*-.--------------*-----------------------------".---------- Jo Hineline Vacancy P.O. Box 429 PlyllIOuh, CA 95669 city Clerk Jo Hineline (209) 245-6941 eMln t,irhillry Pmpm efktk &IC. 9/23/90 ProPerry Progrim cff&w &tc: 9/28/90 ----.*.----------------C-----.----------*--.-----------.---------.*---- Fred Patten Vacancy Ci Clerk 24 7 MainSt. P.0. Box 67 P.0, Box 67 Point Arena, CA 95468 CONTACT Point Arena, CG 35468 rrcd Pmon (707) 882-2122 CMU I.iahilicy Propm &dM date. 7/OliM L.2 -7 --e----- -__-. 1- (4) MEM BE.R a qfRahchaClu 93 0 Baseline Rd., P.0. Box 807 Rancho Lbcamonga, CA 91730 CONTAACT: DO~D MEMBER BOARD AT.XER.NATE Jim Hart' Susan Neely Finance hhagcr Admia. Svc. Dir. P.O. Box 807 P.O. Box 807 Rancho Cucamonga, l Rancho Cucamonga, C. 9 1730 9 1730 (714) 989-1851 KM,~ bmirk7 fnmmiftcc hk&r LMIA W~rtcd bcIbp P,.zgnn$ Cubcornmltrr. Mcmwr W r (714) 989-1851 Jim Ha1 t CMI,A IJqbtlrp. Program rffeclbe dntc: 7/01/84 S;MU ~orttrd cornpuatlon ~mpm efk~nt date 7/01/90 ~,~~i.l PLtrri f'rapm eMdh dik 8lnl /HI ,___-___,,_+---+----r----------------,.----...-~---------------------- Jot Aguilar, AuditorfController* She-lancla T mgdan 150 South Palm Ave. Rialt , CA 92376 Ave. Director of Finance 150 South Palm Ave. Rialto, CA 92376 COhTAcT: Rialto, CA 92376 @0-2542 Joe Aguilar (714) 820-2542 NU f "h~lky Prop- c~cflivc We: 7/01/86 'WU EKCCUWC Committee Mcmlur -___-*-----__._---_-_______________c____--------------------------- Damon B. Edwards" Jnyce Taft Cj Clerk 5 1 W. California Ave. 10 tr VIa California A Ci Administrator Rid west, CA 935. e, Rid ec~ed, CA 93555 08 L4 Janice Anderson (614 371-3737 (616 371-3737 WtA JLI(IUily Frogtam ttlntlvc date: 7/01!.% mu Wotkerc' Compmntton ?ro&nrn tfl4w Aaf~ 7/fll,'W P~rg.PrWN!l CFrlC date: 1/01/90 Sjxcbl €!vents Program cnatiw &:e: S/01(90 YMlA Barcutk Committee Mcmbcx Chdnnwi, MIA Womm' Qmp ftogram s3ubaomrntnrt -------C'-"----------I--------------r--------------------------- Anita Potter Vacancy IlUC Finance Director 2 h7S Wiidwcmd Avenue CONTACT: Rio Dell, CA 95562 Anita Potter (707) 764-3532 CML4 babtlity Pmpm effktk date lO/Ol/.% CMtA Wot+=n'Cornpcluotion Rppm eUectk dare: lO/Ol/sa .C------*.O-------L*I___________________~-----------.-------------- James Deaton, President* Kar L Miller Fin. Dir./Risk Mgt. ci y%anager South Lakc 'I'ahoe, CA P.0. sox 1210 Soiilli Take Tallm, 95705 South Lake Tahoe, CA 95705 COhTACT; 95705 (916) 573-2066 ~amcs neatan (9 16) 573-ZN6 ch(G4 thility Program afbetm dite*l/Ot/M am WtR CqmwPrr Mer CMtA Worcil.rs' Compcluatron Propin (c*ccw onv) effecth~ date 1O/Ol/po W i' c J I A- 2-2c A A . cd-l , , 'yil) --, Y 1 * ALlilJA I LLL411 *,,-,, b- (5) MEMBER BOARD MEMBER BOARD ALTERNATE W Car'd n Steffan Jeanne Kin P.O. Box 326 Mayor/Alt.%ir. P.O. Box 126 P. City c3 le& ?!I Tcliarna, CA 96030 CONTACT Tchamn, CA 96090 Tehama, CA 960YO Carolyn Stcffan (916) 839-2182 (916) 839-2182 cMlA hKlq Pmpm cKdlve dare 7/0l/sd CM~ W+&m' Cnrnpwution Pmpm rffrflivs Ltc. 7iP1/W Prop+ Pqmm cfkt.~fw date 9/01,'Po ..I-------------------'---r-----------T----.~------------------"---- Ann Odom Vacancy Ci Council Meiiiber P. 8 .Box302 Trillitlad, CA 95570 COhTACTi Trinidad, CA 95570-0390 Janelle Case (707) 677-0223 (707) 677-0223 CM~A tJhhr) Prppm tt!.s*ke date: 7/01;96 CMU Wofcen' Cnmpcnrarton Program cRKttve &le: 7/01jw P..p.q Pwpm effectbe datc' 1/01/90 Specwl ID.rclrtr Pqnm etTcbk date l/Ol/W *-----C------.-------------*------------------------------------------ Jeffrey Dum Gene fJarnlrlwn Councjl Member P.0. Rnx 995 Tig;~;riy Palms Ci Mana er Twen ninePalms P. 86 .Box9 5 s u CONTACT: CA 9-277 Gene Haroldsen (ti19) 361-6799 (619) 36?-G799 CMlA IabMy Pn>p.m: I)'pol* rflcrthie date: 7/01,% 3)l)ssll ani t!l8mm Infllldflm mn@ rffitrthr flair 9/14{?i7 -**---------------------.-----------------*--------------------.--- David Coe Monika E. Wall Coe Tnsurance Administrative &si: CONTACT: Wheatland, CA 95692 Wheatland, CA 9Y Adog City Manager WliealI-aiicl, CA YSOYL P.0. Box 789 r.0. nax 395 Dick Milbrocl t (916) 633-2811 (9 16) 633-276 1 (916) 927-4249 fh4IA I MIiw Pmp~l eflcdire &le: P/3P CMU WorLcrr' CompcmtIQn PmDm tWtUIve date: 7/1/9Q I --.---.--------.-y------*----L------------------------------------- 1 Bclh Myers Vacancy Town Administrator 6550 Yount Street Yountville, CA 94599 COINTACT: Yountville CA 94599 Bob Myers (707) 944-885 1 CMU Urhltlty Pmpnm cffc~k &le. l/Oljpo CM!A WQT~CR' Cornpewallon Pmmm cfltdve date: 7/01/W Property Fmgnm etkdNt date: l/Ol/SO sprdrl Evcnrs Prvyran, c(lnl1v. &k' Z/Oi/W u -1)------ 0 .' w- - 0- - 1. (6) BOARD MEMBER BOARD ALTERNAm JYTRMREB Leslie Kearir: €3 t3@YP<ai&i'[ Edward Henderson 34 8L YucaIya Eplvd. Chndl Medxr fi'ry Manager 34282 Yucaipa Hvd. 34202 Yucaipa RIvd. Yucai a,CA 92399 CO ACTt Yur-+a, CA 9239P Yucai a CA 92399 (714) 19 1-2489 (714) !&-24M XRslic Keane P d L 4 mu 1hh11ty prcpm t)'pwt'~R'cafrc date l&JOt /W zywr Lnd cwrs lmu~ul -*&e *ffadhrr datr UQlP mu Work.trs'Cnrnpcnracim Pmpm eflccblvc date 7/01/96 Pqccry Pmpm cUdh drtc PjlBIW C-.L--r------.--C--"---------------*--.------------."--------------. . CMLWEMB.DOC Ld w J) 0 EXHIBIT California Municipal Insurance Authority Jii abil i~ 7 t Setf-3nsured Retention (SIR) Uvek of each Member Entity $ / ” -I_ L f L No SIR (“First-Dollar Coverage) : P lymou tb I € Point Arena Tehaxa TrSnidad Wheat1 and > Alturas I Blue Lake , c $5,000 SIR: Ferndale Yountville f $10,000 SIR: Calis toga F Rio Dell t $ $2S,OOO SIR: Avalon CoalZnga Wen tynine Palms Clearlake High land F $50,000 SIR: f y Pacific Grove F Platerville ; Yucaipa $100,000 SIR: Placentia Rancho Cucamonga Rialto R2dgecr e. s t South Lake Tahoe j, $250.000 SIR:$ $500,000 SCR: Grass Valley Nevada City - --. . - -~ 0 m /- EXHIBIT 1 CALIFQRNIA MUNICIPAL INSURANCE AUTHORITY ESTIMATED DEPOSIT PREMIUM QUOTATION FORM LIABILITY PROGRkI JULY I, 1990 - JULY 1, 1991 PAGE 2. - .*- ___ -___ -.-- -. V. EXCESS INSURER'S PREMIUM = $245,705.00 -- --__ -- -- -.---x - _I - ---- vr. FINAL DEWSIT PREMIUM CALCULATION : (Modified Basic Premium X SIR Factor) t EXCESS INSURER'S PREMIUM SELF-1 NSURED SELF-INSURED EXCESS INSURER FINAL DE RETENTION (SIR) SIR FACTOR DEPOSIT PREMIUM PREXI UM PREY (Pooled) $ -0- 100 L 00% $1,128,036 $245,705 $1,373 5,000 84 o 00% $947,55i $245,705 $1119: ia,ooo 75 B 00% $846,027 8245,705 81,09 25,000 61 o 00% $688,102 $245,705 $93: 250,000 22.00% $248,168 $245,705 $49: $00,000=1 13.00%-- .CZ- --- $146,645g- .--, $2 4 57 705 '17 5391 50,000 sa o 00% $564,018 $245,705 $SO! 100,000 38 m 00% $428,654 $245,705 $671 self Insured Retention Levels (SIR) must be approved by the CMXA Executive Commit In addition to your City's Estimated Deposit P rCmwCatastrophic_' Loss Fund which amounts to ium, %here is alsd a 5% Cant; 819,612S for. an SIR of. 500 DATE- SICKED BY _-_ - -- , 0 0 P EXH I BIT 4- REVISED AND RESTATED JOINT POWERS AGREEMENT CREATING THE CALIFORNIA MUNICIPAL INSURANCE AUTHORITY July 1, 1989 0 0 4- b 4 TABLE OF CONTENTS Page ARTICLE I DEFINITIONS... ......................... 3 ARTICLE I1 PARTIES TO AGREEMENT......... .......... 6 ARTICLE I11 PURPOSES............................... 7 ARTICLE IV CREATION OF THE CALIFORNIA MUNICIPAL INSURANCE AUTHORITY......... 8 ARTICLE V TERM OF AGREEMENT...................... a ARTICLE VI POWERS OF CMIA........................ 9 ARTlCLE VI1 RESPONSIBILITIES OF MEMBER ENTITIES.,.. 10 ARTICLE VI11 BOARD OF DIRECTORS...................... 12 ARTICLE IX OFFICERS............o.................. 16 ARTICLE X EXECUTIVE COMMITTEE................,...... 16 ARTICLE xr ADMINISTRATION..........,.............. 17 ARTICLE XI1 BUDGET.*.......ooo..*oo*....*o.o.....,. 18 ARTICLE XI11 ANNUAL AUDITS AND REVIEWS.............. 18 ARTICLE XIV ESTABLISHMENT AND ADMINISTRATION OF FUNDS............................... 19 ARTICLE XV SUPPORT OF CMIA'S GENERAL EXPENSES..... 21 ARTICLE XVI DEPOSIT PREMIUMS............oo.oo.*..r. 22 . ARTICLE XVII LIABILITY PR~~.~....o...o~.......... 23 ARTICLE XVIII MEMORANDUM OF COVERAGE FOR THE LIABILITY PR~~.................. 23 ARTICLE XIX SIR MANDATORY SERVE.................. 24 ARTICLE XX RETROSPECTIVE PREMIUM ADJUSTMENTS AND ASSESSMENTS............ 24 ARTICLE XXI PROGRAMS............................... 24 -i- .. 8 0 *- ARTICLE XXII NEW MEMBERS ............................ 25 ARTICLE XXIII WITHDRAWAL ............................. 26 ARTICLE XXIV EXPULSION .............................. 27 ARTICLE XXV EFFECT OF WITHDRAWAL OR EXPULSION ON MEMBER ENTITY'S RESPONSIBILITIES .... 30 ARTICLE XXVI TERMINATION OF AGREEMENT AND DISTRIBUTION OF ASSETS ................. 33. ARTICLE XXVII NOTICES ................................ 32 ARTICLE XXVIII PROHIBITION AGAINST ASSIGNMENT ......... 33 ARTICLE XXIX A.ND.NTS ............................. 33 ARTICLE XXX SEVERABILITY ........................... 34 ARTICLE XXXI AGREEMENT COMPLETE ..................... 34 ARTICLE XXXII FILING WITH SECRETARY OF STATE ......... 35 APPENDIX "A" -ii- DSHOO 34A e 0 L- CALIFORNIA MUNICIPAL INSURANCE AUTHORITY JOINT POWERS AGREEMENT THIS AGREEMENT is made in the State of California by and among those municipalities organized and existing under the laws of the State of California, hereinafter referred to as "Member Entity(ies)," which are parties signatory to this Agreement. listed in Appendix "A", which is attached hereto and made a part hereof. All such Member Entities are RECITALS A. California Government Code Section 6500 and following permits two or more public agencies by agreement to jointly exercise any power common to the contracting par'ties. B. California Government Code Section 990.4 permits a local public entity to self-insure, purchase insurance through an authorized carrier, or purchase insur- ance through a surplus line broker, or any Combination of these; and C. California Government Code Section 990.6 provides that the cost of insurance provided by a local public entity is a proper charge against that local public entity. a 0 ., .* i- D. California Government Code Section 990.8 permits two or more local entities to, by a joint powers agreement, provide insurance for any purpose by any one or more of the methods specified in Government Code Section 990.4 and provides that such pooling of self-insured claims or losses does not constitute the business of insurance under the California Insurance Code. E, Labor Code Section 3700(c) permits all political subdivisions of this State, including each member of a pooling arrangement under a joint exercise of powers agreement, to request'a certificate of consent from the Division of Industrial Welfare to self-insure against worker compensation claims. F. Each of the Member Entities which is a party to this Agreement desires to join with the other Member Entities to fund programs of insurance for workers' compen- sation, liability, property and other coverages to be deter- mined and for other purposes set forth in Article I11 of this Agreement. G. The governing body of each Member Entity has determined that it is in its own best interest and in the public interest that this Agreement be executed and that it participate as a member of the California Municipal Insur- ance Authority created by this Agreement. H, As of the effective date of this Agreement, this Agreement shall replace and supersede the Joint Powers -2- 0 * ,* Agreement Creating the California Municipal Insurance Authority, dated May 21, 1986, as amended on November 20, 1987. Now, therefore, in consideration of the above facts and the mutual benefits, promises and agreements set forth below, the Member Entities hereby agree as follows: AGREEMENT ARTICLE I DEFINITIONS The following terms shall have the following definitions: A. "Aqreement" shall mean this Revised and Restated Joint Powers Agreement Creating the California Municipal Insurance Authority. B. "Board1' or "Board - of Directors" shall mean the governing body of CMIA. C. t4Bylaws1t shall mean the Bylaws of the CMIA, revised as of November 11, 1988, and as they may be further amended or revised. D. "Claim(s)" shall mean any demand(s) made against a Member Entity to recover for monetary damages within, or alleged to be within, the scope of coverage pro- vided by any of CMIA's Memorandums of Coverage (or any commercial insurance policy related to a CMIA Program). -3- 0 0 E. "CMIA" shall mean the California Municipal Insurance Authority created by this Agreement. I?. "Covered Layer" shall mean a Program's layer(s) of coverage in exchange for which a Member Entity pays a Deposit Premium. G. "Covered Loss" shall mean any loss resulting from a claim or claims against a member Entity which is in excess of its Self-Insured Retention and which is covered by any of CMIA's Memorandums of Coverage (or insurance policy related to a CMIA Program). H. "Deposit Premium" shall mean the estimated amount determined for each Member Entity necessary to fund each layer of coverage for each Policy Year of each Program of CMIA; I. "Executive Committee" shall mean that commit- tee of the Board, constituted and exercising the authority set forth in this Agreement and in the Bylaws. J. "Fiscal Year" shall mean the period of time ending on June 30 of each year during which CMIA is in existence. K. "Incurred Loss" shall mean the amount of monies paid and reserved by CMIA to investigate, defend and satisfy a demand or demands made against a Member Entity. L. g@Insurancen shall mean commercial insurance policies which CMIA may purchase for its Member Entities, from time to time, in order to effect a transfer of risk. -4- e 0 ,- The term "Insurance" shall not mean any self-insurance, risk-sharing or pooling of losses or risks. M. "Member Entity" shall mean any California municipality which is a party signatory to this Agreement, including any other agency for which the City Council sits as the Governing Board. N. "Memorandum - of Coverage" shall mean the document or documents issued by CMIA specifying the type and amount of coverages provided under any Program to the Member Entities by CMIA. 0. "Municipality" shall mean an incorporated General Law City, defined by California Government Code Section 34102, or a Charter City, defined by California Government Code Section 34101. P. "Participation Agreement" shall mean a written agreement between CMIA and the Member Entities which participate in one of CMIA's Programs, which Participation Agreement shall incorporate this Agreement by reference. Q. "Policy Year" shall mean a period of time, usually 12 months" for which each Program is to determine Deposit Premiums, Retrospective Premiums, and Retrospective Premium Adjustments. R. IqProgram" shall mean arrangements to cover specific types of claims which may include, but not be limited tol, property, workers' compensation, and compre- hensive liability claims. -5- *. 0 * LA S. "Retrospective Premium" shall mean, the amount determined retrospectively as each Member Entity's share of losses, reserves, expenses and interest income as may be determined periodically for any Program. T. "Retrospective Premium Adjustment" shall mean the amount necessary to periodically adjust the Deposit Premium, or prior Retrospective Premiums if any, to the newly calculated Retrospective Premium amount. U. "Self-Insured Retention" or "SIR" - shall mean the amount of loss from each occurrence which the Member Entity snall retain and pay directly and which shall not be shared by the Member Entities of CMIA. ARTICLE I1 PARTIES TO AGREEMENT Each Member Entity is a party to this Agreement and agrees that it intends to, and does contract with, all other parties who are signatories of this Agreement and with such other parties as may later be added as parties to this Agreement pursuant to Article XXII. Each Member Entity also agrees that the expulsion or withdrawal of any Member Entity from this Agreement, pursuant to Article XXIV or XXIII, shall not affect this Agreement nor the remaining parties as to the other Member Entities then remaining. -6- 0 0 .- ARTICLE I11 PURPOSES This Agreement is entered into by the Member Entities in order to: A. Create the California Municipal Insurance Authority to carry out the purposes listed below and to exercise the powers contained in this Agreement; B. Develop effective risk management programs to reduce the amount and frequency of their losses; 63. Share some portion, or all, of the cost of their losses; D. Jointly purchase commercial insurance, asso- ciate with other insurance pools, or self-insure against risks: E. Jointly purchase administrative and other services including but not limited to underwriting, risk management, loss prevention, claims adjusting, data proces- sing, brokerage, accounting and legal services when related to any of the other purposes; F. Provide other joint powers insurance authori- ties with risk management and related services; and G. Do all things necessary to carry out the foregoing purposes, as well as all things necessary to implement the terms of this Agreement as permitted by law. -7- .. a 1- ARTICLE IV CREATION OF THE CALIFORNIA MUNICIPAL INSURANCE AUTHORITY Pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the California Government Code, the Member Entities hereby create a public entity, separate and apart from the parties to this Agreement, to be known as the California Municipal Insurance Authority ("CMIA"). Pursuant to Government Code Section 6508.1, the debts, liabilities and obligations of CMIA shall not constitute debts, liabilities or obligations of any party to this Agreement. However, a Member Entity may separately contract for or assume responsibility for, specific debts, liabilities or obligations of CMIA. ARTICLE V TERM OF AGREEMENT This Agreement shall become effective as of the date hereof and shall continue in full force and effect until terminated in accordance with Article XXVI. -a- e 0 .- ARTICLE VI POWERS OF CMIA CMIA shall have the powers common to its Member Entities in California and all additional powers permitted to a joint powers authority by California law, and the parties hereby authorize CMIA to do all acts necessary to exercise such powers to fulfill the purposes of this Agree- ment referred to in Article 111, including, but not limited to, the following: A. Make and enter into contracts; B. Incur debts, liabilities and obligations; C. Acquire, hold, lease or dispose of real and personal property, contributions and donations of property, funds, services and other forms of assistance; D. Sue and be sued in its own name and settle any claim against it; E. Employ agents and employees; F. Acquire, construct, manage, maintain or operate buildings, works or improvements; G. Receive, collect, and disburse monies; and invest its money not required for its immediate necessities, in compliance with Government Code Section 53601; and E. Exercise all powers necessary and proper to carry out the terms and provisions of this Agreement. -9- I. 0 +. I These powers shall be exercised in the manner provided by applicable law and as set forth in this Agreement. ARTICLE VI1 RESPONSIBILITIES OF MEMBER ENTITIES Each Member Entity shall comply with the following responsibilities: A. To sign this Agreement and participate in CMIA's Liability Program: B. To sign a Membership Resolution and Participation Agreement for each Program: C. To pay Deposit Premiums, Retrospective Premium Adjustments, and any Special Assessments to CMIA on or before the due date: 0. To appoint, elect or remove representatives to serve as a director and alternate on the Board as set forth in Article VI11 and the Bylaws, which representatives shall act on behalf of the Member Entity on all matters coming before the Board: E. To assure that its representative director or alternate attends at least the annual meeting of the Board: F. To assure that its representative director and alternate keep informed about CMIA's activities and to assist them in doing so. -10- 0 w .- Go To approve amendments to this Agreement as set forth in Article XXIX; H. To file, in a prompt and timely manner, all statewide, county, and locally-mandated reports and filings, including but not limited to the Fair Political Practices Commission's Statement of Economic Disclosure and the Secretary of State's Public Agency Roster Statement of Facts; I. To undertake an annual risk management audit of its facilities and activities, conducted by a person and/or firm approved by CMIA's Executive Committee, and, based upon such audit report, to evidence correction, elimination, and/or clarification of all noted deficiencies or audit recommended corrections to the satisfaction of CMIA's Executive Committee. Risk management audits may be required by the Executive Committee more frequently than annually. charged back to Member Entities as part of the Retrospective Premium Adjustment; Risk management audits may be paid by CMIA and J. To provide the CMIA with a copy of its most recent audited annual financial statements prepared by a Certified Public Accountant; or, if not available, provide the CMIA with the most recent set of monthly financial statements (which have not been audited); and provide any other financial material as may be requested by CMIA from time to time; -11- 0 0 *. K. To cooperate with, communicate and assist, in a timely manner, the CMIA and any insurer, claims adjuster, legal counsel or other service-provider engaged or retained by CMIA in all matters relating to this Agreement; L. To promptly cooperate with CMIA to determine and/or clarify any incidents which might become losses, the cause of any and all actual losses, and methods to bring about settlement of claims; and M. To comply with its obligations and responsi- bilities under this Agreement, the Bylaws, the Memorandum of Coverage, the Risk Management Standards, CMIA's policies and procedures, and any other contract or requirement (as any of the foregoing may be created or amended) necessary to imple- ment this Agreement or any Program in which the Member Entity participates. ARTICLE VI11 BOARD OF DIRECTORS Except as otherwise provided in this Agreement or in the Bylaws, the powers of CMIA shall be exercised, its property shall be controlled, and its affairs shall be conducted by its Board of Directors, whose meetings, func- tions and activities shall be governed by the Bylaws. The Board shall be composed of one director who represents and acts on behalf of each respective Member -12- 0 e *A Entity which participates in CMIA's liability program. The number of persons on the Board shall equal to the number of Member Entities which participate in the liability pro- gram. In addition, each Member Entity shall appoint a second individual, as alternate director, who shall have the authority to attend, participate in, and vote at any meeting of the Board when the respective director is absent. Each director and alternate director shall be an elected official or employee of the respective Member Entity, shall be appointed by the respective Member Entity's governing body, and shall serve at its pleasure, If a directorsor alternate ceases to be an employee or elected official of a Member Entity for any reason, his or her position on the Board and any of its committees shall immediately terminate. The Board of Directors shall have the following powers and functions: A. The Board shall exercise all powers and conduct a11 business of CMIA, either directly or by dele- gation of authority to other bodies or persons pursuant to this Agreement and applicable law. B. The Board shall form an Executive Committee from its membership. to that Committee such powers as it sees fit, In the Bylaws the Board shall delegate C. The Board may form such other committees as it deems appropriate in conducting CMIA's business, D. The Board shall elect CMIA's officers. -13- !. e 0 E. The Board shall cause to be prepared and adopt CMIA's annual operating budget. F. The Board shall develop, or cause to be developed, and shall review, modify as necessary, and adopt each of CMIA's Programs, including all provisions for reinsurance and administrative services necessary to carry out such Program. G. The Board shall contract or otherwise provide for necessary services to CMIA and to Member Entities, These necessary services may include, but shall not be limited to, risk management consulting, loss prevention and control, centralized loss reporting, actuarial consulting, claims adjusting, and legal defense services. H. The Board, either directly or through the Executive Committee, shall provide general supervision and policy direction to CMIA's General Manager. I. The Board shall receive and act upon reports of its committees and the General Manager, either directly or through the Executive Committee. J. The Board shall establish monetary limits upon any delegation of the claims payment and settlement authority, beyond which a proposed settlement must be referred to the Board for approval. K. The Board may require that CMIA review, audit, report uponP and make recommendations with regard to the safety or claims administration functions of any Member -14- e Entity insofar as those functions are affecting CMIA's lia- bility or potential liability. The Board may forward any or all such recommendations to the Member Entity with a request for compliance and a statement of potential consequences for noncompliance. L. The Board shall receive, review and act upon periodic reports and audits of CMIA's funds, M. The Board shall appoint the General Manager as Secretary of CMIA, to serve at the Board's pleasure. N. The Board may amend, repeal or adopt new Bylaws, this Agreement or other key documents. 0. The Board may increase, decrease, or other- wise amend the coverages, limits and other terms of any Memorandum of Coverage. P. The Board shall approve any proposal by the Executive Committee for Special Assessments from the Member Entities before such Special Assessments are billed. Q. The Board may expel a Member Entity from any Program or from membership in CMIA pursuant to Article XXIV of this Agreement. R. The Board may ratify actions of the Executive Committee, where such ratification is required before the action becomes final. S. The Board may enter into a joint venture or contractual arrangement with any similar entity and may also enter into a merger or acquisition agreement with a similar -15- 0 1, entity, provided that if CMIA is not the surviving entity in any such merger or acquisition, such action shall require approval by the vote of three-fourths of the Member Entities. T. The Board shall have such other powers and functions as are provided for in this Agreement, the Bylaws, and applicable law. ARTICLE IX OFFICERS The officers of CMIA shall be the President, Vice President, General Manager/Secretary, Treasurer, and Auditor/Controller, and their qualifications and duties shall be those set forth in the Bylaws. ARTICLE X EXECUTIVE COMMITTEE The Board shall create an Executive Committee, all of whose members shall be directors. The Executive Commit- tee shall be composed of nine (9) members, including the elected officers of CMIA (the President, Vice-president, Treasurer, and Auditor/Controller), who shall serve ex- officio, and five (5) other individuals, who shall be elected by a majority vote of the Board for two-year terms - -16- 0 0 .- . -7 at its annual meeting. The General Manager of CMIA shall attend meetings of the Executive Committee and shall serve as its Secretary but shall have no vote. The authority of the Executive Committee and pro- visions for its meetings shall be as stated in the Bylaws. ARTICLE XI ADMINISTRATION CMIA shall have a General Manager, who may be appointed or terminated by the Executive Committee, and who shall serve as the Secretary of CMIA. The General Manager shall attend meetings of the Board, the Executive Committee and other committees of the Board but shall have no vote and shall be responsible for the preparation and maintenance of all minutes of meetings of the Board and its Committees, notices of meetings, and records of CMIA. The General Manager shall also administer and supervise CMIA's business and activities, subject to the direction and supervision by the Board and the Executive Committee, and shall be respon- sible for carrying out the duties set forth in the Bylaws. -17- a 1) ARTICLE XI1 BUDGET The Board shall adopt an annual budget as recom- mended by the Executive Committee prior to the beginning of each Fiscal Year. ARTICLE XI11 ANNUAL AUDITS AND REVIEWS A. Financial Audit. The Auditor/Controller shall cause an annual financial audit of the accounts and records to be prepared by a Certified Public Accountant in compliance with California Government Code Sections 6505 and 6505.5 or 6505.6 with respect to all receipts, disburse- ments, other transactions and entries into the books of CMIA. The minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Government Code Section 26909 and shall conform to generally accepted accounting standards. such audit shall be filed as a public record with the Board, each of the Member Entities, and each county auditor of the county in which each of the Member Entities is located. The report shall be filed within twelve (12) months of the end of the fiscal year under examination. CMIA shall pay all costs for such financial audits. A report of each -18- 1) m . ". I B. Actuarial Review. The Board shall cause an annual actuarial review to be prepared for each of the Programs of CMIA and a report of such actuarial review shall be made available for inspection by the Board and the Member Entities. CMIA shall pay all costs for such actuarial reviews. C. Claims Review. The Board shall cause an annual claims review to be prepared of the administration of the claims for each of the Programs of CMIA. A report of such claims review shall be made available for inspection by the Board and the Member Entities. CMIA shall pay all costs of such claims reviews. ARTICLE XIV ESTABLISHMENT AND ADMINISTRATION OF FUNDS CMIA shall be responsible for the strict account- ability of all funds and the reporting of all receipts and disbursements in accordance with generally accepted account- ing principles. It will comply with all provisions of law relating to this subject, including California Government Code Sections 6505, 6505.1, 6505.5 or 6505.6. The Treasurer of CMIA shall establish and maintain such funds and accounts as may be required by good account- ing practices and by the Board. Separate accounts shall be established and maintained for each Program Year of each -19- m m - .. Program of CMIA, the Treasurer or other designated person shall be open to inspection at all reasonable times by members of the Board or authorized representatives of the Member Entities. Books and records of CMIA in the hands of The Treasurer shall have the custody of and dis- burse CMIA's funds. He or she may delegate disbursing authority to such persons as may be authorized by the Board to perform that function; provided that, pursuant to Govern- ment Code Section 6505.5, the Treasurer shall: A. Receive and acknowledge receipt of all funds of CMIA and place them in the treasury to the credit of CMIA; IB, Be responsible upon his or her official bond for the safekeeping and disbursement of CMIA's funds so held by him or her; C. Pay any sums due from CMIA as approved for payment by the Board or by any body or person to whom the Board has delegated approval authority, making such payments from CMIA's funds upon warrants drawn by the Auditor; D. Verify and report in writing to CMIA and to Member Entities, as of the first day of each quarter of the fiscal year, the amount of money then held for CMIA, the amount of receipts since the last report, and the amount paid out since the last report; E. Prepare a complete written report of all financial activities within one hundred and twenty (120) -20- 0 0 days after the close of each fiscal year for such fiscal year to the Board and to each Member Entity; and F. Receive, invest, and disburse funds in accor- dance with the procedures established by the Board or the Bylaws and in conformity with applicable law. Pursuant to Government Code Section 6505.1, the General Manager, the Treasurer, and such other persons as the Board may designate shall have charge of, handle, and have access to CMIA's property. CMIA shall secure and pay for a fidelity bond or bonds, in an amount or amounts and in form specified by the Board covering all officers and employees of CMIA who are authorized to hold or disburse CMIA's funds, and all officers and employees who are authorized to have charge of, handle, and have access to CMIA's property. The Auditor/Controller shall draw warrants to pay demands against CMIA when the demands have been approved by both the President and the General Manager. ARTICLE XV SUPPORT OF CMIA'S GENERAL EXPENSES Costs of staffing and supporting CMIA (hereinafter called CMIA's general expenses) shall be equitably allocated among the various Programs by the Board, and shall be funded by the Member Entities which participate in such Programs -21- .. 0 0 -. ' (and ex-Member Entities) in accordance with such allocations. ARTICLE XVI DEPOSIT PREMIUMS The Deposit Premiums for each Member Entity shall be set by CMIA using various rating and underwriting criteria, such as: (1) The Member Entity's payroll: (2) The Member Entity's exposure base: (3) The results of an on-site underwriting inspection: The Member Entity's prior claims history: (4) (5) Total insurable values: and/or (6) Employee classification ratings. Deposit Premiums shall be billed to the Member Entities at least thirty (30) days prior to the inception of coverage or a new Policy Year. All Deposit Premiums shall be due and payable before the inception of coverage or on or before the first day of a new Policy Year. -22- e 0 A. ARTICLE XVII LIABILITY PROGRAM Member Entities shall participate in CMIA's Liability Program as a condition of membership in CMIA. The first Policy Year shall end on June 30, Subsequent Policy Years shall begin on July 1 of each 1987. succeeding year and shall continue through the following June. Retroactive coverage may be provided as approved by the Board and documented on the Declaration page of the respective Memorandum of Coverage. ARTICLE XVIII MEMORANDUMS OF COVERAGE The types and amounts of coverage for each Program provided to Member Entities shall be specified in a Memoran- dum of Coverage which shall be issued by CMIA to each Member Entity for each Program Year in which the Member Entity has coverage. decrease, increase, or amend the coverage provided by a Memorandum of Coverage. If any such amendment is approved by the Board during a Policy Year, no Member Entity partici- pating in that Policy Year shall be entitled to withdraw by reason of any said amendment prior to the termination of that Policy Year. The Board shall have the power and authority to -23- e e -., ARTICLE XIX SIR MANDATORY RESERVES The Board may determine and require that Member Entities establish and maintain mandatory loss reserves for claims which are less than Member Entities' self-insured retention (SIR) or deductible. ARTICLE XX RETROSPECTIVE PREMIUM ADJUSTMENTS AND ASSESSMENTS Retrospective Premium Adjustments for each Program shall be calculated periodically, as determined by the Board and specified in the respective Participation Agreement. The Board may determine and levy special assessments on Member Entities by majority vote. ARTICLE XXI PROGRAMS The coverage for each Policy Year of each Program shall be as specified in the respective Participation Agree- ment and Memorandum of Coverage. All Member Entities shall participate in the Liability Program, and subject to -24- . 0 e -6 approval by the Board, which approval shall not be unreason- ably withheld, each Member Entity may determine in which other Programs it will participate. ARTICLE XXII NEW MEMBERS Any California municipality may apply for member- ship in CMIA and participation in any of CMIA's Programs at any time. Liability Program. Municipalities must participate in at least the CMIA shall review all requests for membership and shall determine which applicants shall be accepted for membership, in which Programs they may participate, and when such participation shall begin. Municipalities shall become new Member Entities as of the effective date of coverage under the Liability Program. the process of incorporation shall be covered only as of the effective date of incorporation. Municipalities which are in Deposit Premiums for coverage which begins during a Policy Year may be prorated for the remainder of the Policy Year, in accordance with the provisions of the respective Participation Agreement. -25- c .. e 0 ARTICLE XXIII WITHDRAWAL Member Entities shall be obligated to participate in the Liability Program for rolling three-year periods (the current Policy Year plus the two next consecutive Policy years). in the respective Participation Agreement. Participation in other Programs shall be specified In order to withdraw from participation from the Liability Program, a Member Entity shall give CMIA written notice of its intent to withdraw at any time during a Policy Year, which withdrawal shall be effective on the expiration of the two-year period which begins with the first day of the next Policy Year. Withdrawal from the Liability Program shall terminate coverage under it and shall constitute with- drawal from this Agreement and from membership in CMIA, subject to the ex-Member Entity's continuing obligations under Article XXVp below. Any notice of intent to withdraw may be rescinded in writing with Executive Committee consent at any time earlier than ninety days before the expiration of the withdrawal period. [Member Entities' participation in other Programs shall be specified in the respective Participation Agreements.] -26- 0 0 -3 Any Member Entity which withdraws as a participant in any Program may renew participation in that Program by complying with all Program rules and regulations. ARTICLE XXIV EXPULSION Regardless of its three-year commitment under the Liability Program, a Member Entity may be expelled from CMIA or a Program either with or without cause. The General Manager shall review any lack of satisfactory performance or other problem with the Member Entity and shall attempt to resolve the matter. If the General Manager determines that the Member Entity is unwilling or unable to correct the problem, the General Manager shall present the matter to the Executive Committee. The Executive Committee may recommend to the Board that the Member Entity be expelled, either for cause or without cause. Action by the Board shall require the vote of a majority of the total number of directors. c A. Expulsion Without Cause. The Executive Committee may decide to recommend that a.Member Entity be expelled without cause (for no stated cause). Written notice of the Executive Committee's recommendation for expulsion shall be delivered to the Member Entity by -27- - .1 m e . -4 I certified mail at least fourteen (14) days before the Board meeting at which the matter will be discussed. B. Expulsion for Cause. If the Executive Committee's recommendation is to expel a Member Entity for cause, the Board shall appoint a hearing officer to conduct a hearing on the matter, and the hearing officer shall be responsible for all notices, procedures and reports in connection with the hearing. Written notice of the date, time and place of the hearing, along with a suqary of the reasons supporting the expulsion for cause shall be delivered to the Member Entity at least fourteen (14) days before the hearing, by certified mail. The notice shall also include any guidelines concerning the procedures to be followed at the hearing. The hearing officer shall preside at the hearing and shall be responsible for the conduct of the hearing and all rulings on procedure, evidence and law during the hearing. Both the Member Entity and CMIA shall be represented by legal counsel at the hearing. Both par- ties may present written and oral evidence. A transcript of the proceedings shall be kept, either by a court reporter or by a good quality tape recorder, a written transcription of which may be prepared at the requesting party's expense. Within thirty (301 days after the hearing is declared closed by the hearing officer, he or she shall prepare written rulings of fact and law, with a recommendation for further -2a- e 0 .' 3 action by the Board, and shall deliver the decision to the Member Entity and CMIA. Within thirty (30) days after receipt of the hearing officer's decision, the Board shall consider and act on the hearing officer's recommendation. The Board shall permit the Member Entity to present a written response to the hearing officer's recommendations. The Board's decision shall be final, and if it decides to expel the Member Entity, it shall also state the effective date on which coverage terminates. C. Opportunity to Remedy. In considering the expulsion of a Member Entity, the Executive Committee shall allow the affected Member Entity a reasonable opportunity to address and remedy the reasons, if any, for the proposed expulsion. The period of time so allowed shall be within the sole discretion of the Executive Committee. If such a reasonable opportunity is allowed, the CMIA may require quarterly audits to monitor the affected Member Entity's remedial actions or any other conditions to its continued participation in CMIA or its Programs. D. Alternative Coverage. A Member Entity which is the subject of a proposed expulsion shall be responsible for investigating the availability of alternate coverage. On the request of the Member Entity, the Board may permit the Member Entity a reasonable time to make arrangements for alternative coverage, but such period of time shall be at the Board's sole discretion. -29- e 0 I. ..I . ARTICLE XXV EFFECT OF WITHDRAWAL OR EXPULSION ON MEMBER ENTITY'S RESPONSIBILITIES The withdrawal or expulsion of any Member Entity (the ex-Member Entity) after its participation in any Program shall not terminate its responsibility with respect to the following: A. Provide CMIA with such statistical and loss experience data and other information as may be necessary for CMIA to carry out the purposes of this Agreement; B. Pay to CMIA when due any Deposit Premiums or Retrospective Premium Adjustments for each Policy Year of each Program in which it participated: C. Cooperate fully with CMIA in determining the cause of losses in the settlement of claims: D. Cooperate with and assist CMIA and any insurer, claims adjuster, legal counsel or other service provider engaged or retained by CMIA in all matters relating to this Agreement or a Participation Agreement; and E. Comply with the Bylaws, Participation Agree- ments, and all policies and procedures of CMIA not inconsis- tent with the provisions of this Agreement and not inconsis- tent with its withdrawal from CMIA. -30- e e * _.. . In addition, CMIA may retain all Deposit Premiums, assessments, property or other charges paid or transferred to CMIA, and the ex-Member Entity is obligated to pay any future assessments made with respect to the Policy Years of any Program in which it participated, until all claims relating to such Policy Year(s) and Program(s) are settled, paid or resolved, at which time CMIA shall refund to the ex- Member Entity any premiums, deposits, or property which it has retained and which were not expended in settling, paying or otherwise resolving claims against the ex-Member Entity. ARTICLE XXVI TERMINATION OF AGREEMENT AND DISTRIBUTION OF ASSETS This Agreement shall continue in full force and effect until terminated. Termination of this Agreement shall also constitute the termination of all Participation Agreements and all Progzams. This Agreement may be termi- nated at any time by the vote of three-fourths of the Member Entities; provided, however, that this Agreement and CMIA shall continue to exist for the purpose of disposing of all claims, the distribution of assets, and any other functions necessary to wind up the affairs of CMIA. Upon termination of this Agreement, all assets of each Program of CMIA shall be distributed among the Member Entities (and ex-Member Entities which previously withdrew -31- 0 e “I -‘ or were expelled) which participated in such Programs, in accordance with and proportionate to their net premium payments made during the term of this Agreement. Such distributions shall be determined within six (6) months after the disposal of the last pending claim or other liability covered by each Program. Following the termination of this Agreement, any Member Entity which was a participant in any Program of CMIA shall pay any additional amount of premium, determined by the Board or its designee in accordance with a retrospective premium adjustment, which may be necessary to enable final disposition of all claims arising from losses under that Program during the Member Entity‘s period of participation. The Board is vested with all powers of CMIA for the purpose of concluding and dissolving the business affairs of CMIA. any committee or person to carry out a plan of dissolution adopted by the Board. The Board may designate legal counsel and ARTICLE XXVII NOTICES Notices to Member Entities under this Agreement, a Participation Agreement, or the Bylaws shall be sufficient if mailed to their respective addresses on file with CMIA. Notices to CMIA shall be sufficient if mailed to the address -32- 0 0 ' *- ?* . of the principal executive office of CMIA, addressed to the General Manager. ARTICLE XXVIII PROHIBITION AGAINST ASSIGNMENT No Member Entity may assign any right, claim, or interest it may have under this Agreement, and no creditor, assignee or third party beneficiary of any Member Entity shall have any right, claim or title to any part, share, interest, fund, premium or asset of CMIA. ARTICLE XXIX AMENDMENTS This Agreement may be amended by a two-thirds vote of the Board at any duly convened regular or special meeting; provided that, any such amendment has been sub- mitted to the directors and the Member Entities at least thirty (30) days in advance of such meeting. Any such amendment shall become effective immediately, unless otherwise stated therein. -33- a 0 1 Ik., ARTICLE XXX SEVERABILITY Should any portion, term, condition or provision of this Agreement be decided by a court of competent juris- diction to be illegal or in conflict with any law of the State of California, or be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions and provisions shall not be affected thereby. ARTICLE XXXI AGREEMENT COMPLETE The foregoing constitutes the full and complete agreement of the parties. or agreements not set forth in writing herein, except as noted with respect to the Bylaws, Participation Agreements, and Memorandums of Coverage. Agreement conflicts with a provision of the Bylaws, a Participation Agreement, a Memorandum of Coverage or other document, such conflicting provisions shall be interpreted to avoid any such conflict, but this Agreement shall govern. There are no oral understandings If any provision of this -34- m 0 + -*--' ARTICLE XXXII FILING WITH SECRETARY OF STATE A notice of this Agreement and any amendments thereto shall be prepared and filed with the California Secretary of State within thirty (30) days of the effective date of this Agreement or any amendment. The notice shall contain the name of each public agency which is a party to the Agreement, the date upon which the Agreement became effective, a statement of purpose of the Agreement or the power to be exercised, and a description of the amendment or amendments made to the Agreement, if any. In witness whereof, the authorized officials of the parties hereto have executed this Agreement as of the date indicated below. City of Carlsbad (Municipality) By: (Signature of authorized official) Claude A. Lewis, Mayor Date: December 4, 1990 -35- ---. I a 0 .- 8 .h.. . e. APPENDIX "A" LIST OF MEMBER ENTITIES City of Alturas City of Avalon City of Blue Lake City of Calistoga City of Clearlake City of Coalinga City of Ferndale City of Grass Valley City of Highland City of Nevada City City of Pacific Grove City of Placentia City of Placerville City of Point Arena City of Rancho Cucamonga City of Rialto City of Ridgecrest City of Rio Dell City of South Lake Tahoe City of Tehama City of Trinidad City of Twentynine Palms City of Wheatland ncnn n 3 A . *. 0 e EXHIBIT 9. -. BYLAWS OF CALIFORNIA MUNICIPAL INSURANCE AUTHORITY e 0 INDEX Page ARTICLE I PU.OSES ............................ 1 ARTICLE I1 OFFICES 1 ARTICLE 111 BOARD OF DIRECTORS 1 Section 1 . Powers of Directors 1 Section 2 . Composition of the Board and Terms of Directors 2 Section 3 . Voting Rights 2 Section 4 . Vacancies 2 Section 5 . Resignation .................... 2 Section 6 . Removal ........................ 2 Section 7 . Withdrawal/Expulsion 3 ............................. .................. ............ ............. .................. ...................... ........... ............... ARTICLE IV MEETINGS OF THE BOARD 3 ............... Section 1 . Regular Meetings 3 Section 2 . Annual Meeting ................. 3 Section 3 . Quorum ......................... 3 Section 4 . Board Actions and Limitations .. 3 Section 5 . Public Meetings 3 Section 6 . Special Meetings 3 Section 7 . Notices of Meetings 4 Section 8 . Adjournment of Meetings 4 Section 9 . Posting of Agendas 4 Section 10 . Opportunity €or Public to Address the Board 5 Section 11 Compensation of Directors 5 ARTICLE V OFFICERS 5 Section 1 . Officers ....................... 5 Section 2 . Election 5 Section 3 . Vacancies 5 Section 4 . President 6 Section 5 . Vice-president 6 Section 5 . Auditor/Controller 6 Section 7 . Secretary 6 Section 8 . Treasurer 6 ................ ............... ............ ........ ............. .............. . ...... ............................ ....................... ...................... ...................... ................. ............. ...................... ...................... ........ Section 9 . Removal and Resignation 7 ARTICLE VI EXECUTIVE COMMITTEE 7 Vacancies 7 Section 2 . Meetings a Section 3 . Authority a ................. Section 1 . Composition. Terms and ...................... ....................... ...................... -i- 3 a 0 a ARTICLE VI OTHER COMMITTEES.. . ................. ARTICLE VI11 ADMINISTRATION...................... Section 1. General Manager ................ Section 2. Duties of General Manager ...... ARTICLE IX BU~ET.............................. ARTICLE X INVESTMENT AND DISBURSEMENT 9 9 9 10 10 10 10 11 11 11 11 12 OF FUNDS... ......................... Section 1. Investment..................... Section 2. Disbursement................... ARTICLE XI EXPULSION........................... Section 1. Motice......................... Section 2. Opportunity to Remedy.. ........ Section 3. Alternative Coverage ........... ARTICLE XI1 MISCELLANEOUS....................... Section 1. Agents and Representatives..... 12 - 12 12 Section 2. Contracts...................... Section 3. Bonding ........................ Section 4. Section 5. Fiscal Year.................... 12 Authority for Payments......... 12 12 13 ARTICLE XI1 AMENDMENTS.......................... CERTIFICATE OF SECRETARY........o..ooooooooo.o.o.o -ii- ---.n CI A n n e m BYLAWS OF CALIFORNIA MUNICIPAL INSURANCE AUTHORITY ARTICLE I PURPOSES The California Municipal Insurance Authority ( "CMIA") is a joint powers authority established under the laws of the State of California (Government Code, Section 6500 et 3.) for the purposes and shall exercise the powers set forth in that certain Joint Powers Agreement Creating the California Municipal Insurance Authority, effective as of May 21, 1986, as amended (the "Agreement"). The definition of terms used in these Bylaws shall be the same as contained in the Agreement, unless otherwise expressly provided herein, and if any provision of these Bylaws conflicts with the Agree- ment, the Agreement shall govern. ARTICLE I1 OFFICES The principal office for the transaction of the business of CMIA shall be located within the area where CMIA is qualified to do business at a place fixed by the Board of Directors from time to time. The Board of Directors may also establish one (1) or more subordinate offices at any place or places within the area where CMIA is qualified to do business. Written notification shall be given within seven (7) days by the Secretary of CMIA to each Member Entity of any change in the location of the principal office or any subordinate office. ARTICLE I11 BOARD OF DIRECTORS Section 1. Powers of Directors. Subject to the powers and limitations as provided by law, the Agreement, or these Bylaws, all powers of CMIA shall be exercised, its property controlled and its affairs conducted by the Board of Directors (the "Board"), as is further specified in the Agreement. 0 0 Section 2. Composition of the Board and Terms of The Board shall be composed of one (1) Director representing each municipality which participates in CMIA's liability program ("Member Entity") . The legislative body of each Member Entity shall appoint one of its elected officials or employees as its representative Director on the Board; each shall also appoint an alternate member who may serve in the respective Director's absence. (All provisions of this Article I11 and of Article IV referring to Directors shall also apply to alternates when serving for Directors.) The Member Entities shall notify the Secretary of CMIA, in writing, of both appointments. Directors shall not have fixed terms of office but each shall serve on this Board at the pleasure of the appointing Member Entity8s legislative body, except as provided herein. Section 3. Voting Rights. the Board. There shall be no voting by proxies. Section 4. Vacancies. Any vacancy in the office of a Director, whether because of death, incapacity, resignation, removal or otherwise, shall be filled by the legislative body of the respective Member Entity. Termination of office or employment with the appointing Member Entity shall automatically terminate the membership of a Director on this Board. Section 5. Resiqnation. Any Director may resign at any time by giving written notice of such resignation to the Secretary of CMIA. Such resignation shall be effective at the time specified therefor, and acceptance of such resignation shall not be necessary to make it effective. Section 6. Removal . cause, by the respective Member Entity. Directors. Directors shall have one (1) vote each at meetings of A Director or alternate may be removed, with or without -2- 0 Section 7. Withdrawal/Expulsion. Directors who represent Member Entities which withdraw or are expelled as parties to the Agreement shall be removed as members of the Board, the Executive Committee and other committees. ARTICLE IV MEETINGS OF THE BOARD Section 1. Regular Meetinqs. Regular meetings of the Board shall be held at such day, time, and place as the Board may determine. Section 2. Annual Meeting. The Board shall hold an annual organizational meeting in May of each year for the purposes of the installation of new Directors, the election of officers and Executive Committee, the approval of the budget and the transaction of other business. Section 3. Quorum. A majority of the Directors holding office shall consti- tute a quorum for the transaction of business at any meeting. The Directors present at a duly held meeting at which a quorum is present may continue to do business until adjournment, notwithstanding the withdrawal of Directors to leave less than a quorum. Section 4. Board Actions and Limitations. Except as provided otherwise by these Bylaws or the Agreement, actions of the majority of the persons entitled to vote at any meeting at which a quorum is present shall be considered actions of the Board. Section 5. Public Meetings. ~ll meetings of the Board, whether regular, special or adjourned, shall be open to the public, except for closed or executive sessions authorized by law. Section 6. Special Meetings. Special meetings may be called by the President of the Board or by a majority of the members of the Board by delivering personally or by mail written notice to each -3- 0 0 member of the Board and to each local newspaper of general circulation, and to each radio or television station requesting notice in writing. The notice shall be delivered personally or by mail and shall be received at least twenty- four (24) hours before the time of the meeting as specified in the notice, except for emergency meetings held in compliance with section 54956.5 of the Government Code. The call and notice for special meetings shall specify the time and place of the special meeting and the business to be transacted, and no other business shall be considered at such meetings. Written notices may be dispensed with in the case of a Board member, who at or prior to the time of the special meeting, files a written waiver of notice with the Secretary. Likewise, written notices may also be dispensed with in the case of members who are actually present at the meeting when it convenes. Section 7. Notices of Meetings. Notices of the time and place of any meeting for which notice is required by law or these Bylaws shall be delivered personally, communicated by telephone or telegraph or sent to each Director by priority mail, charges prepaid, addressed to the Director either at his or her address as it is shown on the records of the Corporation, or, if it is not so shown on such records or is not readily obtainable, to the place at which meetings of the Board are regularly held. If personally delivered or communicated by telephone or telegraph, such notice shall be delivered at least forty- eight (48) hours prior to the hour set for the meeting. If sent by mail, such notice shall be mailed at least four (4) days prior to the day set for the meeting. Section 8. Adjournment of Meetings. The Board may adjourn any regular, special or adjourned special meeting to a time and place specified in the order of adjournment, provided that the provisions of Section 54955 of the Government Code are complied with. Section 9. Posting of Agendas. The Board shall post agendas of all regular meetings, containing a brief general description of each item of business to be transacted or discussed at the meeting, at least seventy-two (72) hours before such regular meeting. The agenda shall specify the time and location of the meeting and shall be posted in a location that is freely accessible to members of the public. No action shall be taken on any item not appearing on such posted agendas, except as provided by Section 54954.2 of the Government Code. -4- 0 0 -. Section 10. Opportunity for Public to Address the Each agenda for a regular meeting shall provide an opportunity for members of the public to address the Board directly on matters of interest to the public, provided that . such matters are within the subject matter jurisdiction of the Board, and provided that no action shall be taken by the Board on any item arising out of such speeches unless the matter already appears on the agenda. The Board may adopt reasonable regulations which limit the total amount of time allotted to for public speakers and for each individual speaker . Section 11. Compensation of Directors. Directors, members of committees and officers shall receive no compensation for their services. However, they shall be entitled to receive such just and reasonable reimbursement of expenses as may be determined,by the Board. Board. ARTICLE V OFFICERS Section 1. Officers . The officers of CMIA shall be a President, Vice- President, Auditsr/Controller, Secretary, and Treasurer, and such other officers as the Board may appoint. Officers shall be Directors, and their duties may not be performed by alternates. Section 2. Election. The Board shall elect the President, Vice-president, Auditor/Controller and Treasurer from among the Directors and they shall serve two-year terms (or until removed or replaced). Elections shall be held at the annual organizational meetings of the Board. The Secretary shall be the General Manager of CMIA, and shall serve at the pleasure of the Board. Section 3. Vacancies. In case any office becomes vacant by reason of death, resignation, retirement, disqualification, or any other cause, the President may select a Director to fill such vacancy, and the officer so selected shall hold office and serve until the next meeting of the Board, when such appointment shall be confirmed or terminated by the Board. -5- a 0 Section 4. President. The President shall preside at all meetings of the Board and the Executive Committee, and shall have such other powers and duties as may be designated from time to time by the Board. Section 5. Vice-President. In the absence or disability of the President, the Vice- President shall perform all the duties of the President and, in so acting, shall have all the powers of the President. The Vice-president shall have such other powers and perform such other duties as may be designated from time to time by the Board. Section 6. Auditor/Controller. the Auditor/Controller shall be a Director and shall be responsible for the duties and functions prescribed by Government Code Section 6505.6, as well as any other duties as may be specified by the Board or the Executive Committee. The Auditor/Controller may appoint an assistant to serve as needed, provided such assistant shall not be an employee or public official of the same Member Entity as the Auditor/Controller, The assistant shall not become a member of the Executive Committee, - ex officio. Section 7. Secretary. The Secretary shall keep, or cause to be kept, a full and complete record of the proceedings of the Board, of the Executive Committee, and of any other committees, shall make service of such notices as may be necessary or proper, shall supervise the keeping of the records of CMIA, and shall discharge such other duties as pertain to the office or as are designated by the Board. Section 8. Treasurer. The Treasurer shall keep and maintain, or cause to be kept and maintained, adequate and correct accounts of the properties and business transactions of CMIA, including accounting of its assets, liabilities, receipts, disburse- ments, gains and losses, and shall perform the duties prescribed by Government Code Section 6505.6 or by the Board. All monies and other valuables shall be deposited, in the name of and to the credit of CMIA, with such depositories as may from time to time be designated by the Executive Committee and ratified by the Board. The funds of -6- 0 m CMIA shall be disbursed pursuant to the procedures authorized by the Board. When requested by the President or the Board, the Treasurer shall render an account of the financial condition of CMIA and shall perform all other duties required of him or her by the President, the Board and the committees pertaining to the office of Treasurer. The Treasurer may. appoint an-- assistant treasurer to serve as needed, but such person shall not become a member of the Executive Committee, ex officio. Section 9. Removal and Resignation. - Any officer may be removed, either with or without cause, by a majority vote of the Directors at any duly held regular or special meeting of the Board. Any officer may resign at any time by giving written notice of to the Board, the President, or the Secretary. Any such resignation shall take effect at the date of the receipt of such notice, or at any later time specified therein and, unless otherwise specified, the acceptance of such resignation shall not be necessary to make it effective. ARTICLE VI EXECUTIVE COMMITTEE Section 1. Composition, Terms and Vacancies. There shall be an Executive Committee of the Board composed of nine (9) persons. The elected officers of CMIA (the President, Vice-president, Treasurer, and Auditor/ Controller) shall serve ex officio, and the President shall preside at its meetings. The remaining five (5) members, all of whom shall be Directors, shall be elected by a majority vote of the Board for two-year terms at its annual meeting. They may be reelected to subsequent terms. No Member Entity shall be represented by more than one member on the Executive Committee. The General Manager shall attend meetings but shall have no vote. Members of the Executive Committee may be removed with or without cause by the Board, which shall elect replace- ments caused by such removal. Members may also be removed for failure to attend two consecutive meetings without reasonable excuses. The President may appoint replacements to fill any vacancies caused by death, disability, resigna- tion, disqualification or removal for unexcused absences, and such appointees shall serve until the next annual or - -7- m m .. ._ special meeting of the Board, at which time they shall be elected or replaced. Section 2. Meetinqs. Meetings of the Executive Committee shall be held in accordance with the provisions for meetings of the Board contained in Article IV hereof, with respect to notices, posting of agendas, quorums, compliance with the Brown Act and other matters. Meetings shall beheld at least quarterly. Section 3. Authority. The Executive Committee shall exercise all powers and authority of the Board, except the expulsion of Member Entities, the election of officers and members of the Executive Committee, final approval of special assessments from or refunds to Member Entities, and final approval of modifications or amendments of these Bylaws, the Agreement, the Memorandum of Coverage, and other principal coverage . documents. The Executive Committee shall exercise, subject to ratification by the Board, the authority to change Member Entities' retention levels, to establish annual budgets, and to approve new Member Entities. The Executive Committee may also establish other committees, define their functions and responsibilities and appoint members to them; appoint or terminate the General Manager; and exercise such other powers and perform such other duties as these Bylaws or the Board may prescribe. Members of the Executive Committee shall be entitled to reimbursement by CMIA for expenses incurred in attending meetings of the Executive Committee, or any committee established by it, provided that such reimbursement shall not exceed the amount established in CMIA's annual budget. ARTICLE VI1 OTHER COMMITTEES Committees of the Board shall be standing or special. Each committee shall exercise such power and carry out such functions as are designated by these Bylaws or as delegated to it by the Board or the Executive Committee. Except as otherwise provided by the Board, or these Bylaws, such committees shall be advisory only and subject to the control of the Board or the Executive Committee, whichever appoints them. -8- 0 e Except as may otherwise be provided by the Board or by these Bylaws, any expenditure of funds by a committee shall require prior approval by the Board. ARTICLE VI11 ADMINISTRATION Section 1. General Manager. The General Manager shall attend meetings of the Board and of the Executive Committee, ex officio, but shall have no vote, and shall administer thebusiness and activities of CMIA, including those specific duties assigned by the Board or the Executive Committee or required by the Agreement. The duties as Secretary shall be as prescribed by Section 7 of Article Va above. The General Manager shall provide for such other employees as may be necessary for management of CMIA's business, subject to approval by the Board or the Executive Commit tee. Section 2. Duties of General Manager. Subject to the general supervision and direction of policy by the Board or the Executive Committee, the authority and responsibility of the General Manager, or his/her designeeo shall include: A. Exercising responsibility for the selection, employment and supervision of all other employees of CMIA; B. Coordinating and carrying out CMIA's purposes and objectives according to CMIA's established policies and procedures, policy directives from the Board or the Executive Committee, and the approved work program; C. Attending, as a non-voting member, the meetings of the Board, the Executive Committee and other committees; D. Representing the Board and CMIA in dealings with the public and other organizations; E. Reporting CMIA's activities to the Member Entities at such times and in such manner as prescribed by them; F. Performing such specific duties as are set forth in the Agreement; and -9- e t G. Performing other duties as are delegated by the Board or the Executive Committee. ARTICLE IX BUDGET An annual budget for CMIA shall be prepared and shall A general and administrative section; separately show the following: 1. 2. An interest income section; 30 4. Sections for each coverage layer of each (a) The actuarially estimated claims and (b) An equitable allocation of the general (c) An equitable allocation of the interest A capital expenditure section; and program year of each program specifying: allocated claims adjustment costs; and administrative costs; income. ARTICLE X INVESTMENT AND DISBURSEMENT OF FUNDS Section 1. Investment. The Treasurer may invest money not required for the immediate necessities of CMIA, as directed by the Board or the Executive Committee, in the same manner and on the same conditions as local agencies, as provided by Government Code Section 53601. Section 2. Disbursement. The Auditor/Controller shall draw warrants to pay demands against CMIA after such demands have been approved by both the President and the General Manager. All checks disbursing funds of CMIA shall be signed by two of the persons designated by the Board for such purposes, one of whom must be the President, Vice-president, General Manager, Treasurer or an assistant treasurer (if an -10- 0 m I. .- assistant treasurer is so authorized by the Board or the Executive Committee). Checks may not be disbursed on the signature of one person, even if that person holds two or more of the above offices. A register of all checks issued since the last Board meeting shall be provided at each Board meeting for approval by the Board. ARTICLE XI EXPULSION Section 1. Notice. Member Entities may be expelled from CMIA as provided in the Agreement. The General Manager or the Executive Committee may present any proposed expulsion to the Board for action.. The affected Member Entity shall be given written notice of the meeting at which the proposed expul- sion will be considered, stating the reasons for the proposed expulsion. Such notice shall be given to the Member Entity in the same manner as required by these Bylaws for notice of meetings. Section 2. Opportunity to Remedy. The Board shall allow the affected Member Entity a reasonable opportunity to address and remedy the reasons for the proposed expulsion. The period of time so allowed a Member Entity shall be within the sole discretion of the Board. If such a reasonable opportunity has been allowed by the Board, the Board may require quarterly audits to monitor the affected Member Entity's progress in remedying the reasons for expulsion, or other measures as conditions to continued participation in CMIA, and the Board may immediately expel the Member Entity if there is insufficient progress in implementing such remedies or complying with such conditions. Section 3. Alternative Coverage. Notwithstanding any other provision of this Article XI, the Member Entity proposed to be expelled shall be allowed a reasonable period of time prior to the effective date of the expulsion to make arrangements for alternative coverage. Such period of time so allowed shall be within the sole discretion of the Board. -11- e e ,. ARTICLE XI1 MISCELLANEOUS Section 1. Agents and Representatives. The Board may appoint such agents and representative of - CMIA, with such power and to perform such acts or duties on behalf of CMIA, as the Board may see fit, so far as may be consistent with the Agreement, these Bylaws and applicable laws. Section 2. Contracts. Except as otherwise provided in these Bylaws, the Board may authorize any officer or agent to enter into any contract or execute and deliver any instrument in the name of and on behalf of CMIA, and such authority may be general or confined to a specific instance. Unless so authorized by the Board, no officer, agent or employee shall have any power or authority to bind CMIA by any contract or engage- ment, nor to pledge its credit, nor to render it liable for any purpose or to any amount. Section 3. Bonding. be properly bonded as determined by the Board. Section 4. Fiscal Year. Officers, directors and employees handling funds shall CMIA's fiscal year shall end on June 30 of each year. Section 5. Authority for Payments. All invoices, billings and claims for payment of losses in excess of the amount delegated by the Board to the con- tracted claims administration firm shall be approved and signed by any two (2) of the following, before payment by the Treasurer: President, Vice President, and General Manager . ARTICLE XI11 AMENDMENTS These Bylaws may be amended or repealed and new Bylaws adopted by the vote of a majority the Directors at any duly held meeting of the Board. The Secretary shall prepare and distribute any proposed revisions to all members of the Board with the notice of such meeting. -12- e m *- .- CERTIFICATE OF SECRETARY I, the undersigned, do hereby certify: 1. That I am the duly appointed and acting Secretary of California Municipal Insurance Authority, a California joint powers authority created under Section 6500, et seq., 2. That the foregoing Bylaws, comprising twelve (12) pages constitute the Bylaws of said Authority, as duly restated and adopted by its Board of Directors at a meeting duly held on November 17, 1988. IN WITNESS WHEREOF, I have hereunto subscribed my name this 17th day of November, 1988. of the Government Code; - L.&&sc& d. t2AA-e Catherine Clark-Ryll, Secfetary -13- CFH0249 v EXH I B 17 a 6. .- MEMORANDUM OF UABIUTY COVERAGE FOR THE CALIFORNIA MUNtClPAL INSURANCE AUTHORITY MIA MLC REV. 11/20/87 CMIAMLCREV. ii/rs/as cMlAMLCREV.os/aelee~~bymcQWABovdd~ -M-dh.d---Agssmsrrl- *C.llfomla--- a v . 1.- .- COVERAGE PROVISIONS In consideration for the payment of the premium, the Authority and the Member Entity agree as fdlows: SECTION I - COVERAGES The Authority will pay on behalf of the Covered Party the Covered Ultimate Net Loss which the Covered Party shall become legally obligated to pay as damages because &. A B. Personallnjury;~~ C. to which this Memorandurn applies, caused by an Occurrence. Bodily injury or Property Damage; or Public Offidals Errors and Omissions SECTION I1 - DEFINITIONS When used in this Memorandum (fncludhg endorsements forming a part hereof): A 'Additional Covered Paw - means any pecsorr, organization or entitywhich is specifically named by the Authorjty in a written endorsement to this Memorandum 'Aircraft" - means any heavfer-thanair or lighter4aaneir vehide deslgned to transport people or property in air. 'AirpoW - means any idity either on land or water which Is adopted for the landing and taking off of Aftwaft, indudinq dl land, water, buUdings, structures, equipment or other improvements necessary or convenient in the establishment and operation of an Airport 'Auh&y" - means the California Munidpal Insurance Authority. mAutomobUe' - mans a land motor vehide, trailer or semi-?rafler. 'Bodily Injuqf' - means bodily injury, sickness or disease sustained by any person, induding death, resulting from any of these at any time. 'Claim' - means a demand against a Covered Party to recover for monetary damages within or dleged to be within the scope of coverage provided by this Memorandum. B. C. 0. E. F. G. CMlA MLC Rev. 11 /20/87 CMIA MLC Rev. 11/18/80 a w .. H. "Covered Individualsm - means persons who were or are now elected or appointed officials, employees or volunteers of the Member Entity, whether or not compensated, while acting for or on behalf of the Member Entity. Werage Layers' - means the &yer(s) of coverage as indicated by an X in the adjacent space on the Dedaration Page and as provided in the UMITS OF COVERAGE, as evidenced on the Decaration page. I. J. Wered Paw - means: 1. TheMemberEntlty; 2. Covered Individuals; 3. Any additional Covered Paw, 4. to or hired foruse by or on behalf ofthe Member Entity, any person while using such Autde and any person or organhatlon legally responsible for the use thereof, provided the actual use Is with the expressed permission ofthe Member Entity, butthis coverage does not apply to: a Anypersonororgantmtion, oranyagerrtoremployeethereof, operating an Automoblle~esagerrcy,repalrshop,senrlcesWion,storagegarageorpubticparMng place, with respect to an Occurrence arising out of the operation thereof; or, hlred by or or loaned to the Member EntiZy or to any agent or employee af such Owner or lessee. The coverage applies separatety to each Wered Paw against whom a daim Is made or suit is brought, as ifa separate policy were issued to it, exceptwith respect toTHE AUTHORITY'S UMITS OF UABILITY. Wered Ultimate Net Loss' - means that portion of Uftimate Net Lass: 1. seffinsured program and, 2. Hwwer, @over& Ultlrnate Net Loss shall not exceed THE AUTHORITY'S UMITS OF UABlUTY in Sedton n/ of this Memorandum %am' - means any artificial barrier, together with appurtenant works. which does or may impound or divert water, and which either (a) is 25 feet or more in height from the natural bed of the stream or watercowse at the downstream toe of the barrier, or from the lowest elevation of the outside limit of the barrier, if it is not across a stream channel or watercourse, to the maximum posslMe water storage elevation; or (b) has an impounding capacity of 50 acre-feet or more. with resped to any Automobfle owned or leased by the Member Entity or loaned b. Theowneroranylessee,otherthantheMemberEntity,ofanyAutomoMle K Not covered by separate commerdal insurance or by self-insurance from another Which falls within the Werage Layers. L CMlA MLC REV. 11/20/87 CMlAMLC REV. 11/18/88 2 w a . .* *. Any such barrier which is not in excess of six (6) feet in height, regardless of storage capacity, or which has a storage capacity not in excess of 15 acre-feet, regardless of height, shall not be considered a 'Dam'. No obstruction in a canal used to raise or lower water therein or divert water therefrom, no levee, induding but not limited to a levee on the bed of a natwal lake the primary purpose of which levee is to control fiood-waters, no railroad fill or strudure, tank conshucted of steel or concrete or of a comblnation thereof, no tank elevated above the ground, arid no banier which b not across a stream channel, watercourse, or natural drainage area and which has the principal purpose of impounding water for agricultural use shall be considered a'Dam' In addition. no obstruction in the channel of a stream or watercourse which is 15 feet or less in helght from the lowest elevation of the obstrudion and which has the single purpose of spreading water whin the bed of the stream or watercourse upstream from the construction for percolation underground shall be considered a 'Dam.' Regardless of the language of the above definition, however, no structure spedflcally exempted from jurisdiction by the State of Callffornia Department of Water Resources, DMsion of Safety of Dams shall be considered a 'Oam,' unless such structure is under the jurisdiction of any agency of the Federal government 'Defense CcsW - means all fees and expenses incurred in connedjon with the adjusEment, investigation, defense and appeal of a daim or suit mered hereunder, including attorney fees, court costs and Interest on judgements accruing after the entry ob judgement, and also shall indude the costs of any dahs administrator or defense counsel spedflcany assigned by the California Municipal Insurance Autbdty to respond to any individual Clalm on behalf of the California Munidpal Insurance Authority. Defense Costs shall not indude the office expenses of the Authority or the Covered Party nor the salaries of employees or offlchls of the Authotity or the Covered Party nor expenses of any dalrns administrator engaged by the Covered Party. 'Member Ent*W - means the entity which is a signatory to the Jolnt Powers Agreement Creating The Callfornh Municipal Insurance Authority, as it may be amended from time to time, and indudes any other agency for which the City Coundl sits as the governing board. 'Memorandum' - means the Memorandum of Liablity Coverage for the Cafiiomh Municipal Insurance Authority. 'Nudear Matetfal' - means source material, special nudear material, or by-product material. =Source Material," 'Special Nuclear Material,' and 'By-Product Material' have the meanings given them in the Atomic Energy Act of 1954 or any law amendatory therd. M. N. 0. P. cMu\ Mu) REV. 11/20/81 CM(A MLC FEV. trfra/ss c~l~huc~~~.06fcaf89~~;bymsChU4~dDkedorg mrura*wW,mb~d*~-jRart.Lad~~A&vwmsnl hang fhe cslilbma hf~~~ 3 a 7 .I .- Q. "Occurrence' - means: 1. Witfi resped to Bodily Injury or Property Damage, an acddent, or event, lnduding continuous or repeated exposure to substantially the same generally harmful conditions, which res& during the PROGRAM YEAR stated in the DECLARATIONS, in Bodily Injury or Property Damage nelther expected nor intended from the standpolnt of the Covered Party, except that assault and battery committed by,atthediredionoforwiththeconsentoftheCovered Partyforthe purpose of protecting persons or property from Injury or death shall be considered an y)ccurrence"; Wrth respect to Personal injury, the commission during the PROGRAM YEAR stated In the DECLARATIONS of an offense described in the definition of Personal Injury. With respect to Public offichls Errors and Omissions, add or alleged conduct as described In the definition of Public OfAdals Err- and Omissions during the PROGRAM YEAR stated In the DECLARATIONS. 2 3. R. Personal Injw - means injury, other than Bodily Injury, Property Oamage or Public 0fffCtal.s Emxs and Omkslons, asa resuft of one or more ofthe fdlowfng offenses: 1. False arrest, detention or Imprisonment, or malicious prosecution; 2 Wrongful entry or evidion or other invaslon ofthe right of prhmte occupancy; 3. The publlcation or utterance of a libel or dander, Muding disparaging statements concerning the condition, value, quality or use of real or personal property, or a pubtication or utterance in violation of rights of privaq Unlawful discriminatbn orvidation ofdva rights; Shod<, fright, mental anguish or mental Injury. 4. 5. 'Pdlutants' - means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, adds, alkalis, chemlcals and waste. Waste indudes material to be recyded, reconditioned or redaimed. The term 'Pollutants' as used herein shall not lndude potable water or agricultural water or water furnished to commercial users or water used for fire suppression; S. T. 'Property Damage' - means: 1. Physrcal injury to or destruction of tangible property which occurs during the PROGRAM YEAR, lndudlng the loss of use them at any time resulting therefrom; or Loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an Occurrence during the PROGRAM W; 2. CMLA MLC REV. 1 ip/a7 CMlA MLC REV. 1 1 /I 8/88 4 .. 8 v U. 'Public Offidals mors and Omlsslons. - means any actual or alleged misstatements or misleading statement or act or omission or neglect or breach of duty induding misfeasance, rnatfeasance or nonfeasance by any Covered Party Individually or collectively In the discharge of duties for the Member Entity, or any matter daimed against any Covered Party sddy by reason of their being or having been public officials of the Member Entity; 'Ultimate Net Loss' - means the sums for which the Covered Party is legally liable as damages by reason of a judgement or a settlement made with the written consent of the dairnant, the Covered Party and the Authority, and also indudes Defense Costs. v. SECTION 111 - DEFENSE AND SRTLEMENT Wrth respect to daims or wits for damages to which this Memorandum applies, the Authority shall have the right and duty to partidpate in the defense of any daim or suit against the Covered Party if the final judgement or settlement is likely to result in a Covered Ultimate Net Loss in the Coverage Layers. even if any allegations are groundless, false or fraudulent Mer the amount of the Member Entrty's retalned limt has been exhausted by payment of judgements, settlements and defense costs, the Authority will pay any excess Win THE AUTHORilYS UMITS OF UABiLKY. The Authority shall, at its own expense, have the right to participate in the i&estigatiOn, negotiation, settlement, defense or appeal of any Claim or suit against the Covered Party if, in the opinion of the Authority, the final judgement or settlement may result in a Covered Ultimate Net Loss In the Coverage Layers. The Member Entity shall cooperate Mly in all matters pertaining to such Claim or proceeding. The Authority shall not be OMlgated to pay any judgement or settlement, or to participate ln the defense of any dah or suit after THE AUTHORITY'S UMITS OF LIABILITY have been totally exhausted. No Claim or suit shall be settled for an amount In excess of the Member Entity's retained limit WithoutthepriorwrittencoclsentoftheAuthdty. SECTION N - THE AUTHORIIY'S LIMITS OF LIABILITY Regardless of the number of (1) Covered Partles under this Memorandum, (2) persons or organizations who sustain injury or damage, or (3) daims made or suits brought on account of Bodily Injury, Property Damage, Personal Injury or Public Officials Errors and Omissions. for each Occurrence the Authority's liability is limited to the amount of the Coverage kyers. The Authority's limit of IhbiIity for each occurrence shall be $5 Million. However, should the Authority obtain additional outside coverage, then the limit of liability shall be reduced by the amount of such cdlectibie coverage. CMIA MLC REV. 11/20/87 CMIAMLC REV. 11/18/88 5 .. 0 v with resped to any conduct or condition taking place over more than one PROGRAM YEAR covered by the Authotzty, any and all resultant damages shall be deemed to have taken place during the last PROGRAM YEAR and only the limits of liability for that PROGRAM YEAR shall apply to the damages. SECTION V - COVERAGE PERIOD AND TERRITORY This Memorandum applies to Bodily Injury, Property Damage, Personal Injury, or Public Offidals Errors and Omblons which occurs anywhere In the world during the PROGRAM YEAR stated in the DECLARATIONS. SECTION VI - EXCLUSIONS A This Memorandum does not apply to: 1. Bodily Injury, Property Damage, Personal Injury or Public officials Enws and Omissfom arising out of the adual, alleged or threatened discharge, dkpersaJ. release or escape of Pollutants: a Atorfrompremlsesowned,leasedtooroccupled bytheCoveredParty, but this exdusion (la) does not apply If an actual discharge, dispersal, rdease or escape of Pollutants arises out of an AutomobiIe not owned by, leased to, hired by or loaned to the Covered Party while being used on a public street or road owned or maintained by the Covered Partr; At or from any &e or location used by or for the Covered Party or others for the handling, storage, disposal. processing or treatment of waste; Whkh are at any time transported, handled, stored, treated, disposed of or processed as waste by or for the Wered Patty or any person or organization for whom the Covered Party may be legally respomble; or at or from any site or Iocatjon on which the Covered Party or any contractors or subcontractors working directly or Indirectly on the Wered Party's behalf are performing operations: i. b. C. d. If the Pdlutants are brought on or to the site or location in connection with such operations; or If the operations are to test for, monitor, dean up, remove, contain, treat, detoxify or neutralize the Pdlutants. li. 2. Any loss, cost or expense arising out of any governmental direction or request that the Covered Party test for, monitor, dean up, remove, contain, treat, detoxify or neutralize Pdlutants; CML4 MLC REV. 11/20/87 CMlA MLC REV. 11/18/86 6 1, a v I- 3. Loss of salary, wages or any related employee benefits, whether past or future, arising out of unlawhrl discrimhation. wrongful termination, failure to hire or promote or the violation of cM1 rights of any employee or off~claJ of the Covered Party; Bodily Injury or Personal Injury to: a. 4. Any employee of the Covered Party arising out of and in the course of employment by the Covered Party; or The spouse, child, parent, brother, sister. or other relative of such employee as a consequence of a. above; but this exdusion does not apply to liabilily assumed by the Member Entity under any written contract; b. 5. Any digatiotl for which the Covered Party or any insurance company as Its insurer my be held liable under any workets' compensation, unemployment compensation or disability benefits law, w under any similar law; Uabiiity arising out of ownership, use, opedon or maintenance of any hospital. health care or medical dink facility, and any professional medical services performed by of on behaif of the Covered Party; but, this exdusion does not apply to such Services performed by emergency medical technickins or paramedics functioning under the direction and conttd of the Member Entity. Uabflity arising out of the partial or complete structural faiiure of any Dam; Fines, peiaaltfes. punftlve damages or exemplaty damages; Sodily Injury or Property Damage arising out of the hazardous properties d Nudear Material; Claims for loss or damage or any liabflky arising out of or in connection with the principles of eminent domain, condemnation proceedings or Inverse condemnation, by whatever name called, regardless of whether such daims are made diredly against the Covered Party or by virtue of any agreement entered into by or on behalf of the Covered Paw, Injury to or destruction of: a 6. 7. a. 9. 10. 11. Property owned by the Covered Party; or CMW MLC REV. 1 I /2Q/87 CMW MLC REV. 11/18/86 7 0 e , *. b. Property rented to or leased to the Covered Party where it has assumed liability for damage to or destruction of such property, unless the Covered Party would have been liable in the absence of such assumption of liability; or c. Aircraft or watercraft in the Covered Party's care, custody or control; Lhbility arising out of the ownership, operation, use or maintenance of any Aircraft or Airport Bodily Injury or Property Damage arising out of any transit authority, transit system or public transportation system owned or operated by the Covered Party, but this exdusion does not apply to any transit system operating over non fixed routes, induding dial-a-ride, senior dtizen transportation, or handicapped transportation; UaMIity arising out of #e faaure to supply or provide an adequate supply of gas, water or electricity; Liability for damages arising out of any breach of responsibility, obligation or duty Imposed upon or imputed to a Covered Party: a. 12 13. 14. 15. under the Employee Retirement Income Security Ad of 1974 and any law amendatory thereof, under Artide XVI, Section 17 of the California Constitution and any law amendatory thereto, and/or, under statutory or common law imposing or imputing comparable responsibaities, obligations or duties upon a Covered Party; and, Claims or actions for damages for vidation of State or Federal anti-trust or restraintd-trade laws; and, Liability adsing out of the sole negligence of an Additional Covered Party. b. C. 16. 17, B. This Memorandum does not apply under COVERAGE B Personal Injury to: 1. Personal Injury arising out of the wltM vidation of any law committed by or with the Wedge or consent of the Covered Pa-, Personal Injury arising out of a publication or utterance concerning any organization or business enterprise, or its products or services, made by or at the direction of any Covered Party with knowledge of the falsity thereof. 2. CMIA MLC REV. 1 1 /2Q/87 CMIA MLC REV. ii/ia/se a 8 1- C. This Memorandum does not apply under COVERAGE C Public Officials Errors and Omissions to: 1. 2. Bodily Injury, Property Damage or Personal Injury as defined in this Memorandum; Loss of, loss of use of, injury to, destnrdion of, diminution of value of, or disappearance of any tangible property, money or securities; Unlawful discridnation regarding benefits payable under any employee benefits plan estaMished by the Covered Party. 4. Refunddtaxes,feesorassessmerrts; 5. 3. Uabflity of a Covered Party (a) arising in We or in part out of any Covered Individual's obtaining remuneration or finandal gain to which the Covered Individual was not legally entitled or (b) arising out of the willkn vidation of any law. Lhbility of any Covered Party arising out of estimates of probable COSI or cost estimates being exceeded or for faulty preparation of Md specifications or plans, including architectural plans, or failure to award contracts In accordance with statute or ordinance which under law must be submfaed for bids; Failure to perform, or breach of, a contractual obligation. 6. 7. SECTION VI1 - CONDITIONS A Covered Paws duties in the event of Occurrence, daim or suit 1. In the event of an Occurrence reasonably likely to involve the Authority, written notice containing particulars sufficient to Identify the Covered Party and also reasonabUy obtainable informtion with resped to the time, place and drcumstances thereof, and the names and addresses of the injured and of avaNable witnesses, shall be given by or for the Covered Party to the Authority or any of its authorized agents as soon as practicable. If dalm is made or suit is brought against the Covered Party, the Covered Party shall, upon demand by the Authority, fmrd to the Authority every demand, notice, summons or other process received by such Covered Party or such Covered Party's representative. 2 CMlAMLC REV. ll/20/88 CMLA MLC W. 11/18/88 9 a e 4. 3. The Covered Party shall cooperate with the Authority and upon its request assist in making settlements, in the duct of suits and in enforcing any right of contribution or indemnity against any person or organization who may be liable to the Covered Party because of Bodily Injury, Personal injury, Property Damage or PuMb Offidals Errors and Omissions with respect to which coverage is afforded under this Memorandum; and the Covered Party shall attend hearings and trials and assist in securing and gMng evidence and obtaining the attendance of witnesses The Covered Party shall not, except at its own cost, vduntariiy make any payment, assume any obiigatron or incur any expense; however, in the event that the amount of Ultimate Net Loss becomes certain either through trial court judgement or agreement among the Covered Party, the daimant and the Authority, then the Authority shall pay on behalf of the Covered Party the Covered Ultimate Net Loss. 6. Bankruptcy or insolvency of the Covered Party shall not relieve the Authority of any of its obligations hereunder. If cdledible lnsumnce with any Insurer, coverage with any other]oint powers authority or other self-funding mechanism, or spedfic self-insurance is available to the Covered Party covering a loss also covered hereunder (whether on a primary, excess or contingent basis), the coverage hereunder shall be in excess of, and shall not contribute with, such other insurance or coverage; provided that this dause does not apply with respect to excess Insurance (DT coverage purchased specifically to be in excess of this Memorandum An Occurrence taking place over more than one PROGRAM YEAR covered by the Authority shall be deemed to have taken place during only that PROGRAM YEAR applicable in whiclh the Limits of Coverage is greatest. This Memndum may be cancelled at any time in accordance with the provisions of the Joint Powers Agreement &eating the California Municipal insurance Authority and its bylaws. No action shall lie against the Authority with respect to any one OCCUK~ unless, as a condition precedent thereto, the Covered Party shall have fully complied with all the terms of this Memorandum, nor until the amount of the Covered Party's obligation to pay a Covered Ultimate Net Loss SM have been finally determined either by judgement against the Covered Party after actual trial or by written agreement of the Covered Party, the daimant and the Authority, Any person or organbtion or the legal representative thereof who has searred such judgement or written agreement shall thereafter by entitled to recover under this Memorandum to the extent of the coverage afforded by this Memorandum. No petson or organization shall have any right under this Memorandum to join the Authority as a party to any action against the Covered Party to determine the Covered Party's liabilrty, IKX shall the Authority be impleaded by the Covered Party or its legal representative. C. D. E. F. CMIA MLC REV. 11/2O/87 CMIA MLC REV. 11/18/88 10 -< 0 v , G. The Authority shall be subrogated to the extent of any payment hereunder to all the Covered Party's rights of recovery there N and the Wered Party shall do nothing after loss to prejudice such rights and shall do everything necessary to secure such rights. Any amount so recovered shall be apportioned as follows: 1. Any interest (induding the Covered Party's) having paid an amount in excess of the Covered Ultimate Net Loss hereunder shall be reimbursed first to the extent of actual payment The Authority shall be reimbursed next to the dent of its actual payment hereunder. If any balance then remains unpaid, it shall be applied to reimburse the Covered Party. The expew of all such recovery proceedings shall be apportioned in the ratio of respective recoveries. If there is no recovery in proceedings conducted solely by the Authority, it shall bear the expenses thereof. The DEPOSIT PREMIUM for the PROGRAM YEAR stated in the DECLARATiONS shall be computed In accordance with the provisions of the Jdnt Powers Agreement Creating the Califomla Municipal Insurance Authority and its byhws and such DEPOSIT PREMlUM shall be adjusted in accoIzlance with the provisions of the Joint Powers Agreement Creating Ehe California Municipal Jnstrrance Amority and its bylaws. The covered Party named as the Member Entity In the DECLARATIONS Is authorized to act on bettalf of all Covered Parties with respect to all matters pertaining to premium under this Memorandum. In the event the Covered Party deds not to appeal a judgement for Covered Ultimate Net toss, the AutttOrity may elect to do so at its own expense, but in no event shall the liability of the Autbrity for Covered Ultimate Net Loss exceed the applicabte amount of the Coverage Layers @us all Defense Costs necessary and inddent to such appeal. Any disputes concerning coverage or procedures of the Authority's Mbilii Program may be appealed only to the Authotity's Board of Directors in the manner and form that it may from time to time determine. The provisions ofthis Memorandum are subject to and subordinate to the terms and provkions of the Joint Powers Agreement Creating the California Munidpal Insurance Authority, and in tcle event of any conflict between the terms and provisions of saM Agreement and this Memorandum, the terms and provisions of the Agreement shall control. 2. H. 1. J. K CMIA MLC REV. i I 1201137 CMLA MLC REV. 11/18/88 11 EXHIBIT a 0 *- - -_ - w. -_--_ THE I"E COMPANY OF THE STm OF pENNSYLV74NIA A Stock Company Herein called the Company SH & McLEN", INC. EE EMBARCADERO CENTER 1. BOX 3880 IAL EXCESS LlABILfTY POLICY ' FRANc1sco, cAL1FomIA 94119-%E FOR PUBLIC ENTITIES ION: MS. WRYL BAYEZ- NO. 4188-1085 ~- -- .- D ECCARATIONS Nzned Insured: CALIFONIA MUNICIPAL INSURANCE AUTHOFUTY, A PUBLIC ENTITY Address : 5330 PRIMROSE DRIVE, SUITE 150 AM) AS PER ENDORSEMENT NUMBER 1 FAIR OAKS, CALIt;DRNIA 95628 12:01 A.M., standard time zt the address of the Named Insured as sc~& htrein. Pol& Period : From JULY 6, 1988 X0 my 1, 1991 Limits of Liability: insured's Fierained Limit: - Item 1. s 1,000,000. ultimate net loss as the result of any one cxc because of personal injury or propecy dam public officials errois & omissions or any ccjnt thereof. ultimate ner loss as the result of any one occ because of personal injury or propeq dam public officials errors & omissions, or any comf thereof. ultimate net loss as the result of all occurrence each poficy year arising OM of -the products or out of public officials errors & omissions. CAB BUSINESS SERVICES Cam pan y's Liabilir y : ITfrn 23. S 4.0OO.OOO. ~4,000,000. L Lm7 25. Self-insured Claims Servicing Organizztion m pTACEEYILE Rc)4nt_suJm* 1 ?*. sArR@?EN! Premium Computation: cwzrnmu 95806 Estimated Rztz Total Advance M inimu m Earned Exposure s AS PER ENDT.#3 P rem iu rn Premium As PER ENDT.#3 As PEP, m.33 AS PER ENDT.#3 As PER ENDT.#. -- 1-11 Endorsements attached to policy at inception: Countersigned by Auzhorized Representarhe ULY 26, 1988 G/FE/lb I) ENDORSEMENTNO. 2f w .- PReMLUIiEmRmG- ITIs~5HiYr~~3,13,AH)20~~m nE!PLmDBY%t=Fa.uXmst I I. hfsJ!aum=w~-Og=-P#+! Is~P)I;rew,As~a A. #IR~FeRuJDoPJuz,y6,1988To;KB;y~, l989t a. ESXHXEDE%REUREt $45,580,103 JAWSIAL) b. FiXlZr $1,5628PER$l00oPQXSS~PAy6aoa;L c* mmLAIxMKEPRE#RWt $702.45& 6 mX.HR4-t Sr0z.m e-. EUUMB¶lEAEMDt $17S,BlS f. cmxmmuA---m wac€wKzt $3,02458 R R3R¶liEFEKX~cK.JULYl,1989'10~1,H9Ut & EzmSmm3-t $%,258,539 b, RAlEt $1.2575 PER SUM3 a m W@UXFED PIIyII[BJI CI 'PDEIsLADypOQce Fimmw $107,658 a HI?mu4 PRBmHt $707,458 e. MIRMM -I $176,865 f, au€TmWb--- sJ€awaEr $7,07438 c RsR9tE€zR?.aloF~1, 199o'iDJuL3rxe 1991: - a. EsTmXmD-tmBe- b. BXEr $L2575FzR$louoF~~~ c, wi3uaxmNcE~'R)Be~ d, MmImXHMILE4r 1oBBlx2Emmm e, MpcI#M- mBE- f, cAtfKJRwcA--- suammfza TOBE- p#p~oIp;z All other terms and conditions remain unchanged Effective date of this endorsement is: Attached to and forming part of No. JaLJlI. 1988 4188-ro85 THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA C.V. STARR & CO. Underwriting Managers Issued to: cALmxmA-- hUH%XTY,ARB€J.CP)lrPrPP Dated: mix 26,1989 €?am* #21 BY 42775 8/85 l)i c .- 'RE INs?JFANCE CDQANY OF THE STA'E OF PENNSYLVANIA A Stock Company Herein called the Company SPECIAL EXCESS LIABILITY POLICY FOR PUBLIC ENTITIES In consideration of ;he payment of the premium. in reliance upon the statements in the declarations made a part! and scbject to all of the terms of this policy. the company agrees with the named insured as follows: INSURING AGREEMENT Coverase A.--Personal Injury Liability ._ Coverage 6 - Property Damace Liability Coverase C - Public Offickls Errors and Omissions Liability The Company will indemnify the insured for ultimate net loss in excess of the retained limit hereinafter statec the insured shall become lecally obligated to pay as damages because of A. personal injury or B. property damage or C. public officials errors and omissions to which this policy applies, caused by an occurrence. DEFENSE COSTS This policy does riot cover defense costs, nor interest accruing on a judgment after its entry (except as otl specifically provided hereinafter), but the Company shall have the right and oppor:uni:y to associate with the in the defense, appeal and control of any claim or suit arising out of any occurrence seeking damages in exce: retained limit. In such an event. the insured and the Company shall cooperate fully. If claim is made c)r suit is brought seeking damages in excess of the self-insured retained limit. no defense co: be incurred on behalf of the Company without the written consent of the Company and. notwithstandif consent. all such defense costs shall be reasonable. If a settlement made with the consent of the Company, or a judgment against the insured. exceeds :he retain the Company shall pay defense costs and interest accruing on a judgment after its entry and before the Comf paid or tendered or deposited in court that part of the judgment which does not exceed the limit of the Co liability thereon, in a ratio which its proportion of the liability for the judgment rendered, or settlement made. the entire amount of said judgment or settlement. - .& RETAINED LIMIT - THE COMPANY'S-LIMIT OF LIABILITY Regardless of the number of (1) insureds under this policy, (2) persons or organizations who sustain injury or or (3) claims made or suits brought on account of personal injury or property damage, the Company's I limited as follows: With respect to personal injury, property dama.ge. public officials errors and omissions, or any con thereof, the Company's liability shall be only for the ultimate net loss in excess of the insured's retaine specified in item 1. of the limits of liability section of the declarations 2s the result of any one occurrence, for an amount not exceeding the amount specified in item 2 (A) of the limits of liability section of the del as the result of any one occurrence. There is no limit to the number of occurrences during the policy period for which claims may be made, e the liability of the Company arising out of the completed operations hazard, or-out of public officials € omissions, because of all occurrences during each policy year shall not exceed the amount specified in the limit of liability section of the declarations. For the purpose of determining the Limit of the Company's liability, all damages arising out of con . repeated exposure to substantially the same general conditions shall be considered as arising C occurrence. Public officials errors and omissions taking place Over more than one policy period insured by this cor be deemed to have taken place during the last policy period and only that limit shall apply. . I 0, e .- POLICY PERIOD TERRlTORY This ?olicy a;plies :o personal injury. property damage, or public officials errors and omissions whicfi c -anywhere in the world during the policy period. PERSONS OR ENTITIES INSURED A) The named insured: E) Those individuals who were or now are elected or appointed officials of the named insured.including memt its governing body or any other committees. boards or commissions of the named insured. while acting foi behalf of the named insured. :C) Past or present employees of the naded insured while acting for or on behalf of the named insured. EXCLUSIONS This policy does not apply: . (A) To any obliaation for which the insured or any carrier as his insurer may be held liable under any work compensation. unemployment compensation or disability benefits law. or under any similar law: (8) To personal injury to any employee of the insured arising out of and in the course of his employment insured: but this exclusion does not apply to liability assumed by the insured under any Written COntraC (C) To injury to or destruction of (1) property owned by the insured. or (2) property rented to or leased to the ii where the insured has assumed liability for damage to or destruction of such property unless the named ii would have Seen liable in the absence of such assumption of liability, or (3) aircraft or watercraft in thl cus:ody or control of any insured; (1) To any claim. judornent or agreemeng from any arbitration proceeding wherein the Company is not ent exercise with the insured, the insured's rights in the choice of arbitrators. and in the conduct 0 proceed i n cs. (2) If the indemnitee of the insured isan architect. engineeror surveyor to the liabilityof the indemnitee. his or employees. arising out of ( I) The ?reparation or approval of contracts. maps. plans. drawings, opinions, reports. tests. surveys. C orders. designs or specifications or: (11) The Giving or the failure to give directions or instructions by the indemnitee, his agents or empl provided such giving or failure to give is the primary cause of personal injury or property dama (E) To liability arising out of the ownership, maintenance. loading or unloading. use or operation Of any a airfields. runways, hangars. buildings or other properties in connection with aviation activities. (F) Personal injury or property damage due to: (1) The rendering of or failure to render (D) As respec!s IiaSility assumed by the insured under any contract: (A) Medical. suraical. dental. x-ray or nursing service or treatment, or the furnishing of food or beveri (E) Any service or treatment conducive to health or of a professional nature of: (C) Any cosmetic or tonsorial service or treatment: connec:ion therewith: (2) The furnishing of or dispensing of drugs or medical. dental or surgical supplies or appliances: Or (G) To claims for loss or damage or any liability arising out of or in connection with the principles of eminent C condemnation proceedings or inverse condemnation by whatever name regardless of whether such Cfa made directly against the insured or by virtue of any agreement entered into by or on behalf of the ins (H) To liability arising out of the failure to supply a specific amount of electrical power. fuel or water Or to arising out of the interruption of the electrical power, fuel or water supply. (I) To property damage arising out of subsidence. (J) To personal injury or property damage arising out of the ownership. maintenance. operation, use. loa unloading of (1 ) any watercraft owned or operated by or rented or loaned to the insured. or (2) Watercraft 01 by any person in the course of his employment by the insured: (K) To personal injury or property damage arising out of the hazardous properties of nuclear material: 2 a m : ~ tl-1 To personal injury or property damage arising out of the discharge. dispersa,, release or escape of smoke. soot, fumes. acids, alkalis. toxic chemicals, liquids or gases, waste materials Or other irritants. contamir pollutants into or upon land. the atmosphere or any water course or body of water; but this exclusion d apply if such discharge, dispersal, release or escape is sudden and accidental: (M) As respects liability imposed upon an insured (or which is imputed to an insured) under the "Employee Re! Income Security Act of'1974" and any law amendatory thereof. (N) Under coverage C to: (1) Personal injury or property damage as defined in the policy; (2) Past salary or wages due because of the wrongful termination of any employee or official of the ii (3) Benefits payable under an employee benefit plan (whether the plan isvoluntarily established by the ir mandated by statute) because of unlawful discrimination; (4) Past salary or wages due because of unlawful discrimination: (5) Refund of taxes. fees or asssssments: (6) (I) Liability of an insured arising in whole or in par:. out of any insured obtaining remuneration or final to which the insured was not legally entitled or (It) liability arising out of the willful violation ofa pen ordinance committed by or with the knowledge or consent of any insured; except that any fact per any other insured shall not be imputed to any other insured for the purpose of determining applicatio (7) Liability of any insured arising out of estimates of probable costs orcost estimates being exceeded o- preptiration of bid specifications or plans or failure toaward contracts in accordance with statute or ( which under law must Se submitted for Sids: (8) Injury to, destruction or disappearance of any tangible property (including money) or the loss of us (9) Fzilure to perform or breach of a contractual obligation . -_ exclusions .. (N)6 -. (I) and (N)6 (11); DEFI NIT10 NS When used in this policy (including endorsements forming a part hereof); "Aircraft" means a vehicle designed for the transport of persons or property principally in the air: f'Conpleted Operations Hazard" indudes personal injury and property damage arising out of operations upon a representation or warranty made at any time with respect thereto, but only if the personal injury ( damage occurs after such operations have been completed or abandoned and occurs away from premise! or rented to the insured. "Operations" include materials. parts or equipment furnished in connection Operations shall be deemed completed at the earliest of the following times: (A) When all operations to be performed by or on behalf of the insured under the contract have been t (8) When at1 operations to be performed by or on behalf of the insured at the site of the operations completed, or (C) When the portion of the work out of which the injury or damage arises has been put to its intended person or oraanization other than another contractor or subcontractor engaged in performing ope1 principal as a part of the same project. Operations which may require further service or maintenance work. or correction, repair or replacemen any defect or deficiency, but which are otherwise complete shall be deemed completed. The completed operations hazard does not include personal injury or property damage arising out Of: (1) Operations in connection with the transportation of propeAy unless the personal injury Or propc arises out of a condition in or on a vehicle created by the loading or unloading thereof, (2) The existence of toots, uninstalled equipment or abandoned or unused materials: "Damages" includes damages for death and for care and loss of services resulting from personal injury 2 for loss of use of property resulting from property damage, and damage resulting from public official 'omissions "Defense Costs" means attorney's fees, costs and expenses and other fees, costs and expenses incurred i with the investigation, adjustment, defense and appeal of aclaim or suit covered hereunder. However,"dl do not include the office expenses of the Company or the insured nor the salaries of employees or 0 Company or the insured; "Insured" means any person or organization qualifying as an insured under the peisons or entities insu this policy. The insurance afforded applies separately to each insured against whom claim is made or SI except with resoect to.the-limirs of the Comoany's liability; 3 - .P .. ."Nuclear Material" means source material. special nuclear material. or byproduct material:**source materiai"."spt nuclear material". and "byproduct material" have the meanings given them in the Atomic Energy Act of 7954 or in I a w amenda tory thereof: "Occurrence" means an accident, or event. including injurious exposure to Conditions, which results. durinc policy period. in personal injury. property damage, or public officials errors and omissions neither expectec intended from the standpoint of the insured: "Personal Injury" means (A) bodily injury. sickness. disease. disability. shock, mental anguish and mental ii resulting from bodify injury; (8) false arrest, detention or imprisonment or malicious prosecution; (C) the public, or utterance of a libel or slander, including disparaging statements concerning the condition, value. quality or L real or personal property. or a publication or utterance in violation of rights of privacy. except when any c foregoing of this part (C) arises Out of the insured's advert! ing, publicity, telecasting or broadcasting activitie: religion. nationality. national origin. color. creed. sex or age but excluding discrimination committed by. ; dirsction of, or with the consent of the insured and also excluding claims made by reason of discrimination a! present or past employees Of the insured or applicants for employment. or claims made by a person deriving rigi reason of discrimination against such present or past employee or applicant for employment; and (F) assau battery, not committed by, at the direction of or with the consent of the insured. unless committed or directed 1 purpose of protecting persons or property-from injury or death; ."Property Damage" means (7) physical injury to or destruction of tangible property which occurs during the period. including the loss of use thereof at any time resulting therefrom. or (2) loss of use of tangible property has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the period; "Ultimate Net Loss" means the sums for which the insured is legally liable as damages by reason of a judgme settlement made wit!? the written consent of the claimant, the insured and the Company; "Watercraft" means a vehicle designed for the transport of persons or property principally on water; wrongful entry or eviction. or other invasion of the right o ;P 5 private occupancy: (E) discrimination based upon CONDITIONS 1. Premium The premium designated in the policy declarations as "advance premium" is a deposit premium only, whii be credited to the amount of the earned premium due at the end of the poky period. The earned premiurr policy period shall be computed by application of the rate Shown in the policy declarations to the audited e) base. If the total earned premium so computed is less than the advance premium previously paid. !he C;' shall return to the named insured the unearned portion paid by the named insured. If the total earned F exceeds the advance premium, the named insured shall remit to the Company the balance due in accordai the Company's regular payment terms. The Company shall be permitted but not obugated to inspect the insured's property and operations at i Neither the Company's right to make inspections nor the making thereof nor any report thereon shall con2 undertaking. on behalf of or for the benefit of the insured or others. to determine or warrant that such prc operations are safe. The named insured shall maintain records of such information as is necessary for computation, and shall send copies of such records to the Company at the end of the policy period ant times during the policy period as the Company may direct. The Company may examine and audit the books and records at. any time during the policy period as the Company may direct. The Company may and audit the insured's books and records at any time during the-policy period and extensions thereof a three years after the final termination of this policy, as far as they relate to the subject matter Of this ir 3. Insured's Duties in the Event of Occurrence, Claim or Suit (A) In the event of an occurrence reasonabty likely to involve the Company. written notice containing g sufficient to identify the insured and also reasonably obtainable information with respect to the time, circumstances thereof, and the names and addresses of the injured and of available witnesses, sha by or for the insured to the Company or any of its authorized agents as soon as practicable. (8) If claim is made or suit is brought against the insured,the insured shsll immediately forward to the every demand, notice, summons or other process received by him or his representative. (C) The insured shall cooperate with the Company and upon its request assist in making settleme conduct of suits and in enforcing any right of contribution or indemnity against any person or or who may be liable to the insured because of personal injury or property damage with respec insurance is afforded under this policy; and the insured shall attend hearings and trials and assist I and giving evidence and obtaining the attendance of witnesses. The insured shall not, except at hi 2. Inspection and Audit 4 voluntarily maKe any payraw. assume ally UUII~~LIUII VI IIacIuI dray ~-,.-l,3c3. lluvvG.b., ... ..._ Lrc,l amount of ultimate new loss becomes certain either through trial court judgment or agreement ar insured. the claimant and the Company then the insured may pay the amount of ultimate net bo claimant to effect settlement and, upon submission of due proof thereof. the Company shall indef insured for that part of such payment which is in excess of the retained limit. or will. upon requc insured. make such payment to the claimant on behalf of the insured. (D) The Company, at its sole option and without the consent of the insured, may settle any claim or suit the limits of liability of this policy or likely to involve its limits. The Company expressly reserves thl settle such claim orsuit for an amount within the insured's retained limit. If the Company elects to pay of the amounts of the insured's retained limit to effect settlement of a claim or suit, or any amount in I the limits of liability of this policy to effect settlement of a claim orsuit. the insured shall prom'ptly r( the Company for such paFt of the insured's retained limit and the amount in excess of the limits of li this policy which has been paid by the Company upon notification of the amount paid by the Compz insured's behalf. All named insureds are jointly and severally responsible for any and all reimbursernc :he Company and agree to make such reimbursement if the insured on whose behalf the Company such payment fails to reimburse the Company within 30 days after the Company gives a written de payment to such insured. ,- 4. Appeals In the event the insured elects not to appeal a judgment in excess of the retained limit. the Company maye so at its-own expense, but in no event shall the liability of the Company for ultimate net loss exceed the a amount specified in the limits of liabilitysection of the declarations plus all defense costs necessary am to such appeal. No action shall lie against the Company with respect to any one occurrence unless, as a condition thereto. the insured shall have fully complied with 211 the terms of this policy, nor until the amount of thc obligation to pay an amount of ultimate net loss in excess of the retained limit shall have been finally d either by judgment against the insured afteractual trial or by written agreement of the insured, the claim: Company. Any person or organization or the legal representative thereof who has secured such jw written agreement shall thereafter be entitled to recover under this policy to the extent of the insuance a this policy. Nothing contained in this policy shall give any person or organization any right to join the Cc a co-defendant in any action against the insured to determine the insured's liability. Bankruptcy or insolvency of the insured shall not relieve the Company of any of its obligations her( If collectible insurance with any other insurer is available to the insured covering a loss also covered ' (whether on a primary, excess or contingent basis), the insurance hereunder shall be in excess of, an contribute with, such other insuance; provided that this clause does not apply with respect to exces! purchased specifically to be in excess of this policy. or to other insurance which is intended to p remainder of the limit of liability stated in the declarations of this policy when the insurance afforded policy provides less than 100 percent of the limit set forth in the declarations. The Company shall be subrogated to the extent of any payment hereunder to all the insured's rights c therefore; and the insured shall do nothing after loss to prejudice such rights and shall do everything nE Any interest (including the insured's) having paid an amount inexcess of the retained limit plus the limi hereunder shall be reimbursed first to the extent of actual payment. The Company shall be reimbursec extent of its actual payment hereunder. If any balance then remains unpaid, it shall be applied to rei1 insured. The expenses of all such recovery proceedings shall be apportioned in the ration of respective If there is no recovery in proceedings conducted solely by the Company, it shall bear the expenses Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a chanae in any part of this policy or stop the Company for asserting any right under the terms of this shall the terms of this policy be waived or changed, except by endorsement issued to form a Part Of ._ 5. Action Against the Company 6. Other Insurance 7. Subrogation --. secure such rights, Any amount so recovered shall be apportioned as follows: 8. Changes I. 5 9,. Assignment ZI v I* - Assignment of interest under this policy Shall not bind the Company unili its consent is endorsed he however, the named insured shall die, such insurance as is afforded by this policy shall apply (A) to the insured's legal representative, as the named insured. but only while acting within the scope of his duties z and (13) with respect to the properly of the named insured, to the person having proper temporarycustody' as insured, but only until the appointment and qualification of the legal representative. The insured agrees :o maintain a loss fund in an amount to be determined by mutual agreement ami insured. the servicing organization designated in th.e policy declarations. and the Company for the payrnc claims and expenses falling within the insured's retained limit. This fund shall be reimbursed 2s necessary to maintain a balance in accordapce with the terms of the s In the event of cancellation. expiration or revision of the contract between the insured and the s organization. the insured sh21I notify the Company thereof within ten days of the effective date cancellation. expiration or revision. This policy may be cancelled by the named insured by surrender thereof to the Company or any of its au agents or by mailing to the company written notice stating when thereafter the cancellation shall be effecl policy.may be cancelled by the Company by mailing to the named insured at the address shown in thi written notice stating when not less than sixty days thereafter such cancellation shall be effective. providc the insured fails to discharge when due any of its obligations in connection with the payment of premiur policy or any installment thereof. whether payable directly to the Company or its agent or indirectly UI premium finance plan or extension of credit. this policy may be cancelled by the Company by mailing to 1t insured ai the address shown in the policy. written notice stating when not less than ten days therea cancellation shall be effective. The mailing of notice 2s aforesaid shall be sufficient proof of notice,The time of surrender or the.effective hour of cancellation stated in the notice shall become the end of the policy period. Delivery of such writti either by the named insured or by the Compzny shall be equivalent to mailing. If the nzmed insured cancels, earned premium shall be computed in accordance with the customary 5 table and procedure. If the Company cancels, earned premium shall be computed prorata. Premium ac' may be made either at the time cancellation is effected or as soon as practicable after cancellation effective, but payment or tender or unearned premium is not a condition of cancellation. The insured firs; named in item 1 in the declarations is authorized to act on behalf of all named insured i insureds with respect to the giving and receiving of notice of cancellation and to receiving any return Prer may become payable under this poficy.The insured first named in item 7 in the dec!arations is reSpOnSit payment of all premiums but the other named insureds jointly and severally agree to make such 'payments in full if the insured first named in item 1 failst0 paythe amount due within thirty days after the giver a written demand for payment to the insured first named in item.1. - - * 70. Funding of Insured's Retained Limit agreement between the insured and the servicing organization. I 11. Cancellation . - 12. First Named insured t -. 6 v cnYV..Y.-I...-... ,.-. w 3L ITIsAIsc,~~~~pJ'IIIIs~cxARE l!maMMiPD lzRxrT P€&9mwcxr.x €KR!EHE ~rncxf€DU3Icn suLLBe~m.IzIle~aP~~Rennn~AT~ €!?vop~~peREo, AIp9IfE~oFpAo1pepIlcD~I~ I#- -As bfE JUDm PEsxm, 'Me Ex€mDPiiiEmw- EcmPcmD POR SUCH wm, uKwro[mce -mmE - flrLFuEceD,--IxIp:A#)- mpseQpg~ ~~I#'pEIp:~~pAELLsIIP~blfpJ 2%Kxs~ARL!rprmCrpD, TlifZ~PUE?4IWIS~AMBKJ.XRIARN32?Q?$1.2575 m? $roo (F suss u@uK€?m PAYmLL IS - EX? PE?4IU4 -m, A#) SPILdrplftaE AVADEABIE ocIplEso9~~2u~~m~as~~~ P5um pig) AT SUM TI#BL lxsmG %HE mUcY PERTm As THE cxzmwz lay-, IF€wYclm?M!rmm~aPIg-'PHRT AbBmlxzXmEmIfJsAII)-, sucfIa?5%mms,- ExuExI3 pBa3: 3lUs mLlcY BY imzumzI= a BY -=TEN -, s€luB€ m%r4Eumc33.Et!lrEim %E Pmmxm OF= TB4EoF'ME€3mL~op~~ATlEfe~~ SaoZIw- - IamDzED HuaxrJ* As ism IN pge -m faBL %nY&~R361~Ii1139eEoByn-,#ppHfEB PAID 3fimlEY QR smsmmms pDR#rey, Au Rrkxnn! MY Em-. - 'ML9~DgtiBLDspuIc~nwrnafi~~~As €k All other terms and conditions remain unchanged Effective date of this endorsement is Attached to and forming part of No. P#r2oF2 JULY 1,1988 4l88=1os5 THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA C.V. STARR & CO. Undetwriting Managers Issued to: CAuxmUbmmu- Jwnxxmr, A mc ByffTy Dated: m24,1989 aPn.#Zl =m BY URS 8/85 w w ENDORSEMENT NO. LU -. I I XT Is #;aea,nras mEuxu!4--- 3, = 1-2. Is SE?aEDmQQT SETmS m am X.8. All other terms and conditions remain unchanged Effective date of this endorsement is: Attached to and forming part of No. 3aY 1.1989 4188-1085 THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA C.V. STARR 8 CO. Underwriting Managers Issued to: CALIEWWLAMPSCIPAL- f&g. aRe23.1989 e*#m w, A HlBtIC ElrFlTy BY 42775 WLS - It is &d that this Policy/cert. is ha -nended a~ indicated byw @f IN CONSIDERATION OF: MI AN ADDTTIONAL PREMIUM OF IT IS UNDERSTOOD AND AGREED THAT THE 6 m7*a- > 0 A RETURN PREMIUM OF d a c2uKmKA -c;nrpa#mp- - g*074r58 0 IT IS HEREBY UNDERSTOOD AND AGREED THAT THE a premium 0 Dexiuaiik 0 Address oflocadon of property [BI.ndhcnt O~lnsuredRaCntion UPolicy Ok OEndNo. iscar Cl Audit Ub Oprorata c3sbortrate OFlat 0 DcscTiptionof ODepoSirpHmium ONamofassurrd Property- oInccptian* Policy/Glt. pabd 0 schcdukof OEqifahUdatt 0AQdrss0ftheassurcd Underlying Insuranas 0 Limit of Liability 0 hmt of Insuratnoe 0 COvq Cl Company shall prwide of premium. days notice m evcnt of txucdation, ex- in the went of non-p; lQ ~~c.hargadforthepaiod dUI311,1989 eo JtTIx1,m IT IS Uc90 RazpeD Q3.W W PIU?MEU - 1Is bpssapsD BS.wr EszmmED s?aE %3mLAwIucE 'HDo3LlllI ?KmmM - nm!EcH p6gMzw PAIgO BIp#EM jil76,065, s6,238,539* si. $707,458. .sno7,rss- raclszr:iEmntKm HmnLL Allotfaaaraasaadoondi.tiansnmainImchaoged. Effeccivtdarcofrhisendorsarrntk - a&Y1,1989 - Atmchcd to and forming part ofPolicy/Glt. No. lssucdm --- THE INSURANCE COMPANY OF AD5X=2%,AEtXJ.C- THE STATE OF PENNSYLVANIA u8&roBs cv. STARR i? co. UndaWritingManagas Daotd: ame23,l989 BY wlb ENDORSEMENTNO. - 42m (aras) 1- It IS agreed that this Policy/Cen. is I-' -pymnded as mdlnlrea oyn 6 IN CONSIDERATION OF: a AN ADDITIONAL PREMIUM OF $5,000- Y 0 A WRN PREMIUM OF s Y IT IS UNDERSTOOD AND AGREED THAT THE clxsawm IEm?lWx aTARApmeE PSSOClIlCN -pIGxe po.~ 0 IT IS HEREBY UNDERSTOOD AND AGREED THAT THE 0 premium 0 Deductible cl Adb of location of property 0 installment 0 Self Insured Retention 0 Policy 0 cch 0 EndNo. is cant 0 Audit 0 Rate OProrata OShorerate OFlat 0 Desaiption of 0 Deposit premium ,eSNamtofassUrcd property Covered haptiondate IO Poliq/cerL period 0 scheduleof 0 Expirationdate 0Address0f~assurrd Underlying Insurances 0 Limit of Liability 0 Amount of Insurance 0 Coverage Company shall provide Kl Is amended tm / INCLUDE - days notice in event of canelhion, uxcept in the event of non-pal 0 Is charged for the period of premium. a3ErnoF%dmwY--?uNE~ mIsLLI9o#;BFpD~pfEAE#xIBsFIIzkDpBBam#zsNJT mBJKrrn MMT. m 15,19813 - All other terIlls arnd amditions remain Unchangtd. Ef€dve date of tbis endorsement is: 43.88-m%!5 Attacbtd to and forming part of Policy/Grt. No. 14m: - BSBUCXPm - me THE INSURANCE COMPANY OF APtBKC€XEITY THE STATE OF PENNSYLVANIA C.V. SARR i? co. U- -- Maaagas 18 Dared: €=m==23,= WF BY ENDORSEMENT NO. 42776 (8/asl BROKER'S cp- - ENDORSEMENT NO. 17 w I G?sAH,ELEx€acx?mxEx=EXlZUsZCN r¶!xsJGE!EEn~GIsrn~~~~ mmxs~m~m~~ IT zsm pprpmIspaLIcyDoEsmAppwImANpLIAB;1ELITy ARxsnG m0rTf-E 13psm/m- mpsrp gglzvreEs m BY PIE Ham m. IT Is FuRmER- mATarrs~l3aEsfQJTAppLY 909!HE cas wzlLmY~pdD~~~~moQRtItBGA. All other terms and conditions remain unchanged Effective date of this endorsement is: Attached to and forming part of No. s Issued to: 3uIJll 6, I988 THE INSURANCE COMPANY OF THE STATE OF PE~NSYLVANIA C.V. STARR a co. Underwriting Managers - HXIUXM, - n, A=- Dated: &z?m%€R23,ls88 Ewp, 517 BY '*"+ Rn35 a &I 9rg 'mm 886i '6T I-pTyrtl isJ&um 3Imrld Y *m- SJabeUep~ bU&JMJapUn '03 '8 MUVIS -A3 VlNVAlASNN3d do 31VlS 3Hl 40 ANVdYV03 33NVUnSNI 3Hl mlv-m: vc 'ON 40 yed Gu!lu~oj pui3 01 8861 '9 xm :s! ~uauasropua S!W 40 atel pa6uetpun u!euJaJ suo!1!puo3 pue Suli -- '%'I *smsxs aHaamW3 t AB (2) In ~~*~. '-37 *&wi?sxs-- ('I~mK;las*~arrvnr~- QLtma233d m scn---m'-*- I'm SIUIOPI - v lam ENLTmSa sa3sxs zrcnlmi - 3rxH 80 9cdBxMif air&%mir m sxxi 3xJ3x SPQI JMi3&cEE#Ex sf (61 f I ~BBT.mcY33ms€m ~SI:d~~~USNZUJXIU~SS;U hlfxsxm- I 0 * 91 'ONIN3UWSUOCJN3 w uwwwnaLmLiii iiu. x - lalm!rIC PARTI- ?i?m OFTIcmSs ElQxsmN - fTIs#;8pBDTEm~~~AEBD~nslnfin# - tu%%i 7 Is IxErzD Am -BY TI3S !TxzmmGr IT Is wEl3D¶m!T = xr?smxx AwDRIl$Dsp Bas - famK.xB m ApptY ~fdssfscTm~~~mANp~~sAIDpwsQN Is HPICIICIPK; m, OR P-m m, aR OmTcmmE AT, Am cxx3wmD~m~w~~Crn~ lwmR3. All other terms and conditions remain unchanged Effective date of this endorsement is: Attached to and forming part of No. - Issued to: - w - my 4, a THE INSURANCE COMPANY OF THE STATE OF PE~NSYLVANIA wrffEmr,ARBafC~ C.V. STARR 8 CO. Underwriting Managers Dated: JK.E€sP 19, 1998 ?mm- I35 =m/* BY 42775 8185 690KER'S LVF A w ENDORSEMENTNO. 14 - I. afxsafils-m I'T IS -'hRIp CfXES SRTS FXZUSICXl- - 6 IS m w'dbR€zux!mBYTlB~ I I IT Is MsED Ttl#p afE Cmm! - Bp cafls mLTc.Y Ins EwI mY TOACLAW€CSDM4Q?SARlSaJGOVTOf~~OR~ ~,~,~~~~~~~ABaJPBYA~ - covJmm Bp 'FHIS Kx.ztx xAIls!r PNP Cmm HMJm IlExEeDm 3Y TEES w&IcY. All other terms and conditions remain unchanged Effective date of this endorsement is: Attached to and forming part of No. Issued to: ICNJKHUA MNXZPM, - Jaty 6, 1988 4188-1085 THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA -, A PtlEafC bwftTT C.V. STARW & CO. Underwriting Managers Dated: ?EGIET 19, 1988 HW2. 454 -/pa BY 4277s 8/85 a n)n~=~~'s copy AB a ET# 'xis3 ma '6X Jaaxav '03 '8 WVlS 'A3 Xs.JaEI3mv4- SJt36eUew 6U!$!JtNt3pUn 2IzwmSamm-' VlNVAlASN~3d 40 31VlS 3Hl 40 ANVdW03 33NVtlnSNI 3Hl 480'1-88TIp wl 49 xm 'ON 40 ued 6U!UJ04 PUe 0) :s! iuauasJopua s!w $0 ale pabueq~n U!eWaJ SUO!llpUO3 pUe SWJi ZzIOZi33Fa --- Iipw irixmmrn *i€iEm4= szmuasm MoiGmcki tu mifd 232szaX *- TNaa €Issmaz szx&ms ax7 5wXx ZaT4 - - ZiSL a CGEQf sv JVTxRGm c3zmscaw !znD, -2IAcXY-= aszavwm85u;a~9K&m~~paa~ fiaL Jx '-- v Am cu; sa33VazEfEsI ZUB rn Dm aaado- a€%& lmiL32a- as-= - '- !mLTmMZFrzE6tn 68 eg, st40- j5fz ma SazS x353 c5rxKms - '=-- 'w OItiG NI czamixsm 3av Alx€3&a2?asrz~zgEE~~s~lcMtia 'xEQ€I€iM makm sw, !% cmz33a 2i3mcx 'dffttxRsn gpcu xxls JxcBitl amEir3 Dad 3fal diD- 5pa IRI 2iMfam S€%oJ; saax38 H3[1s a SxBcD zflamr&v~mm*m - Wllb4Ma-sI s€tsxmwxm&rrj,a~~.I.mss~~~ 'Tl5twa cExmmam SsclCzE) a3 WfS a 3fi5FZa-tfltft--S1:m-m --w-mHTJM zarX3m3 rsf sl2w ZmmaKn nm 3EG M a2Bawxn slmsxma 3markra-m -zi?mxwwglKI-m'~ -~Qt~PLtaMmiu'~~cyII;\Eila~~~ a Tnmimx=d-= 'v JJmYZert SV-BII ~~orapad~#ss[yD~IwI -aCaaa19Qasaw aBLwzaxTm-~ig)~~QL~~m Eulma3amcEa isss raa bBad Ilm smlmsii - m&ukuKrH smx3?xxsLfawI~~~arr-ppwmSI~ -n QlTmr3xiPaItBaz33nsi~~SIE IEZSXZJ - - WUXSld do 2 dD 2 ad JXXL (233EX SI: ;LI e cI -ON IN3W3SUOaN3 0 *7 /.c I I ~=-=-IreXrfQ~~f?[s~40 IrxzmEm- Cfiyop~~ All other terms and conditions remain unchanged Effective date of this endorsement is: JDLy 6, 1988 Attached to and forming part of No. 4J.8*1085 Issued to: CALfKaZNuI MINI- m THE INSURANCE GOMPANY OF THE STATE OF PENNSYLVANIA C.V. STARR & CO. Underwriting Managers -, A fl&&IC EwlTpy Dated: pdpmsf 19, 1988 PrBTP, #I2 =mwb BY 42ns em BROKE9'9 7 ENDORSEMENTN0.- u - I I I mwpjramrrrr X fs-'pcIAT mxs EcxLtcY s3&LLEurAm3x'pD~AIzIs1w;~ = = -* -, -, l!anRm& DIsBfRRL;G (36 PARplAL ~~~~oFMYEIIc#, - - m- PZJY AgpIFIczAt BARBIgEL, Twsmsm--, mml DclEs ai HAY xHx%m OR DIv€K!r uItxr€R, All other terms and conditions remain unchanged Effective date of this endorsement is: Attached to and forming part of No. 1188-1085 Issued to: - -& I"~E JULY 6,1988 THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA C.V. STARR 8 CO. Underwriting Managers -TY, A RIgLIc - BY -.#I1 Dated: JU€X 26, 1988 42775 8/85 n 3,r- WrcP'C - n,pv v ENDORSEMENTNO. 10 - 1 1 GasAEJDELEcmsc-~ IT E 2XamD mxr ¶as KXJa oaF5 m APPLY 10 ANY I3ABUJm luixsnG mw= GAS mm Er.sxlaC l?zTmTY SEKvIcZs PKMrlm By-- -. All other terms and conditions remain unchanged Effective date #of this endorsement is: = 6, lm Attached to and forming part of No. 4188- 1UB5 Issued to: - -a - THE INSURANCE COMPANY OF THE STATE OF PE~INSYLVANIA C.V. STARR & CO. AmKxa¶Y,A-- Underwriting Managers JULY 26, 1988 BY nOr*#lO Dated: 42775 (yg5 3 I" .--, -, L...-rr..v.-...b.., ..v.z wi 1 I I ~w2ufsfLIo ST Ts - 'HIfyI: SHIS #)&fQc ms Bur APPLY nom Bcl6 CR PcBuc -m mslraromUumGCWgRA F3xEaixtKM Fw.ED #xrcB. All other terms and conditions remain unchanged Effective date of this endorsement is: Attached to and forming part of No. 1188-1085 Issued to: - m- 113su1~~#cg 3uLY 6,1938 THE INSURANCE COMPANY OF THE STATE OF PE~NSYLVANIA C.V. STARR & CO. Underwriting Managers WISXiTX,AP=LT.C- dUW26, 1988 m.#9 Dated: BY 42775 8/65 BROKER'S COPY - * TRmmma3- IT Is - PlIS ma SrAU NzrAwLY 10 Awc CIAQ4- wrof TSiE =oP-aRRBXX#)--. All other terms and condrtions remain unchanged Effective date 04 this endorsement is: -6, X988 Attached to and forming part of No. 4188-i085 Issued to: - MlsllczpBL XNWHWZ THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA C.V. STARR, & CO. Underwriting Managers m, A HSLXC mS2X muP*08 BY JsL;y 26, 1988 Dated: 42n5 8/85 BROKER'S copy - w ENDORSEMENT NO. 7 7 I f JmiSlEnC PAKllcEpANPs rn OFprcUls - - ITIs~~9HE~~By~~sLAw,~AppE;y ~Egspscpm~poB~m~~tsorp_~~~ -- m, ca €?wrI- m, aR (BmcIzrppoG AIT, ANY m a? EKHIBIIIop(aF~~CoR~~, . *. All other terms and conditions remain unchanged Effective date of this endorsement is: Attached to and forming part of No. 418&1085 Issued to: - mm - m.4Y6,1988 THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA C.V. STARR & CO. Underwriting Managers m, A PlBLIC EMTfy Dated: BY JuLiy 26, 1988 mDLP3 .." 42775 8/85 - -\ 1 *- CKssStms~~ IT Is mmm I)fE 0JVEEIAL;E AppoRflED BY PIIS #)LIcy DOES KIP APm liT)ACUU?4RX~~~087PEE32AL33UtiRYCRPE-=lY ~,~*~*08~'PD~~~BY~ ~OcNglteDKYaas~~~~~~BY %XIS #Bu=y, All other terms and conditions remain unchanged Effective date of this endorsement is: Attached to and forming part of No. - hued to: ~lt~potw~~ MI#ICIPAL - JUwl6,lW THE INSURANCE COMPANY OF THE STATE OF PE~NSYLVANIA C.V. STARR & CO. Underwriting Managers Am+zmrY* A HIBtIc m4TxTY Dated: BY JULY 26, E388 m.46 42115 8/85 BROKER'S COPY ENDORSEMENT NO. 5 - -E)rT=irtRmoNBscL(sEp%.#II mIs)fPI(e8y-A#,~=~~~gY ~mLIcYszcALL#IFAFP&Ys -.- - L2oABy~~pczJpeRly~,~~,wnrr.u I -8 -8 DfSeAse, 7-e DxsA8zLfiy8 =x& DEAPI, -- ORmXiRL XramX AcTAzQl TDE AFusI?s ~~,~og,DzseRlEwproDJQpcR~m A93es1us, - PRXmTs, - PIf3aei 061- cosf, a, 2. mpHy~GlxrIf.NoplzIE~'pD~~pAKpp~ a?- ARIsIN[;moF SUCH mx€€aYlxwGiz, m INllmY, Baxrx-, SIacMESs, msElsE, ---, ~oa~~op, !amNEof, tIsEoBF, SArSoF, PsfALtAllCrJQp, Ia?amL#,b~QpaDopaEzlREm 0% 3. pD~~m~~sMTQ?cfupls~~~ AILEx;Ip#; PEzsawa IKA16a[, 061 RMn.v lwuxw, aa mzEBRz3 lx+HM= A?msi5u?s~,Ip~~aRQATM~m~ l2u€Jra, a? rnwrs 32KmlY, OBt F€uxzmT w -OR - To, BY pm A)la) ALLwmmfzwE €P* MfEBHc a?, Isg oa?, SPfEsm, I3ismumaaF, EmaVALap, -m, 08 -fiDAsBesfoG, M6Esm5€%Km3Xse AsBeslrE)G z?xams a prs8esEDs Cusf. 4,20pNy~,oQsT,~,~~pEaALTy~wPoFANy mmm-me mwe =we -088 SltXEf, IXXW, - AMXIS ClR- ZlUUfZYAtf ZSY TIME AS A -# m ma AsB;ESIDs BZBeas a - DlffT, OF Zm WING - Fims 1.2, c 3, All other terms and conditions remain unchanged Effective date of this endorsement is: Attached to and forming part of No. 418&1085 Issued to: C4UJHXSlIA HLXI-& ;wsuRP99cE 3ULY 6, 1988 THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA C.V. STARR & CO. Underwriting Managers m, A HEIL;EC 6NITpy Dated: JUiX 26, 1986 aaar-85 BY 42i75 8/85 w POLLLRICIJ ExxUsIrn - m IT B AI31IEepm?i!r QzusIa (L), PACZ 3 oPs% KlucYilKamw Is DBfslED ~~By~fo&ILlwI#;r ITIsne#my~AN)~etfKp~IblsLHuLRe~BY4HIs ~siALLmApfl;yI 1. rnAe3Y~K)3~~,061#nn.y~,~~ ~Ams3mmoIF a86 Dm* msE%Zw&, -a6\ EXAPE uFpQIIufBKfS,~IR~MIRzDt 2,10~~1cwsD~AMIsullff~~~afBs~ JudzGme - IN3uRy, CR Bumx zl!zzzm, at PREElaY nrp4yE Ma3 sEEKwG~,Ip~ssIIToR~ARIsEspzacpI~~, CSRKXKLY lNJUR!f, OR PRXERlT ~ARlSItGovTOF.aaS DISQ3AfEGE. m%€fEaL, RereAse QREscAeeuFKx3mYwE, - W3I€BmRm; 3, mANy~,asTf3RExpE199iAKLsfEoGcapoP~~ DImXImoa RmmS! = 'HE mSJI?m 'fgsp m - cfEp# UP, w, cxXn!ml, TREAs?, EloxIsycR- POUXlrPAKPS; 4, 40~USS,OOSPOR~~PrPA~UNlTOtiOSIfg12 Tfin?DPml?Y,lz6mmtGBvTm~moosTag~#~ ?4xmmBG, m-'kgEts, ~rnJmlmnEsI1Q~CB lm!B lzmx!Es 3n TESP 1962, - cLEa?l UP, szHxi3, ooIQwI#, !nu!cE, lExxE?topI-- --* ME24e Apiy scFf.m, LIpuID, - aR 'pIR6138pL x32RuwP OR --, x.tQms s4m3, vz4Ex=, 9ooT, Emss, Acrrs, Amus, QiEMIcALsm--* #AsfGim!muAL--- ARs33?ImmDm8eamvl3r~*~oR~. All other terms and conditions remain unchanged Effective date of this endorsement is: Attached to and forming part of No. - Issued to: tALfpcgwIA ma& - JULY 6,1988 THE INSURANCE COMPANY OF THE STATE OF PE~NSYLVANIA C.V. STARR & CO. Underwriting Managers bJRII3Euw, A mC €"Z Dated: BY JULY26.1988 mm.84 42775 8/85 BROKER'S COPY - ENDORSEMENT NO. 3 Pm4ItmI=RXmG~ L zs3?tr’ME~~WpB~P#;&Is FAs-8 I I OfJuIg6,1988’lD~l,~P89t WSOIREDPiUiZ3LL 8 $7,029.58 1,1989 TD 3uF;y 1,1990g T =7&8& B. FKR~~W i a. mEXKSUR& rOX3- c. !mAL JiwAMx d. MR~QJEMPRWIWI b. LwlEI $1.5628~~~00QF~~pp;yBo&L CS.MI.HMH-I~ mrismmm Emxmm!D4 3zc. 7 ( ad?& f- cAm?cmM-+-* ¶om-- c. €uRm3PE3umoFmLYr, ~990~31SIJT1,199rt a. ESKMU5D-r ‘Io=- b- EIIITBr $1.5628 PER $100 OF GRQSS - P- C. !ivmL--t ‘fDBB- d, HrKIMW- mB6- e. BxD3Dm-t mBEzlEmmmm f- CaLImwA~~~CNs TDBElmmw3mD All other terms and conditions remain unchanged PBL;ElOF2 Effective date of this endorsement is: Attached to and forming part of No. 4188-1085 Issued to: CNJRXWA MRIIUYAL I”X n 6, 1988 THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA C.V. STARR a co. Underwriting Managers WlHXUTY, A RlBLIC mITY pIQl;rp-#3 BY Dated: JULY 26, 1988 a -1 n I, e! )‘c - -,-!I 42775 8/65 \ EhDORSEMENT NO. 3 -1 IL rrIs~~~~~~Do~po&LQ[M(B~ b\M)m xxmrus 0NI;Y~~ ~BE~mprspnszprroF 'Hg. &mN!r OF= Eamm PBgMUI mi3 m aE =OH 'HE €xxJcY Pl?J?Im* A9. nE CxaZ QP Exfi PlEBIOo (oa PAS5 ¶2mitXs ?mmmmmGm TtE map 92s po&Icy PQZIm) - D4 ¶% EEaammS As THE Amrr mm, mi3 'EAEhBED StQSLL BE aR#€wim FOR mcfi - m, UKN - lREzEnFmM-~*sIfALL~Dll&m~ '19.iB mmXI.34 SKm al 'Me -ma S3Em Is ¶3E t!EmR+m E%mItu m I?KmDmsOOYEWIC;EmafE-'LfEfW, mYIXexm4- €%lvzsIw axl?KMm INaE RxLcYm PAgps IN 013NmJCfm ltiIS-ARE-. PIE EfEtX3IT PtmiiIlPf IS IWWSBiS ZWWUJX AZA EWiE OF $1,5628 PEZi $100 QFGRxs IxWmm Pm. AsmE~~sI.QILL)rfAIpfpAIEs~apsucHINw36wITIc#As IS - EUU PRD4IWl -a, PJYD -&ME Am WSES CIF SKX €tEaBDs 'K) 'LHE axi?ANY AT PRE ea, 09 fDE l€urIxm PeRIOD Aw AT SUCH TDEt afRIMt;'HE Kx3a PERIOOAS TEE aXmNYw4Y Dulax. IFmcB26BATMNsAh(E~By~~~~m lxsaaEmrnSAzD~~, SEatclPmXms, lmLss EXCZLBIED mm 'DEES €xxxY 3Y - OR BY amERwaTm4 MREmwis, smz BE BeEMa) 3x2 cm€ yfacI# %€E - OF 33iB ma p)ID mE m- 'Io Pp;Y A e 3%SEKXl, AIT Ti33 = Og 'iH3 F"AL Alxwmaaofm l?R€xImm- rnml2EmWmm. mGWDSS ImmXFIm P-- As tffa, M m6 -ElEAbPci mE 3mAL -€s mRsmKC32s R0sEREDEzAI.lLEbppuIyEGs, IdlEmER PAII) IN HmZY BR - €TmPlmEX+ ALLlaman ANY IIoDIFI.cxms I I I All other terms and conditions remain unchanged Effective date of this endorsement is: Attached to and forming part of No. Qls&ro85 Issued to: - BlSCCIPAL IlSUWCE PAGB2W2 JtEX6,1588 THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA C.V. STARR & CO. Underwriting Managers l!mHxmY, A F#uc ENTlTy Dated: JtlLy a+ M 'bMIp* #3 BY an5 8/85 (E' R I? K - fit ' 4 ip 1-1 ID \E ---------- ___ w ~ .- c MYrIQ3ofaxRm€x€ IT IS #;REEp ‘MAT C€X)ITXS 3,(A), - 4 OF ¶E m3cY WXNS3 IS amDEDrolXTJJDETHEk3 ~mfwsulzEDHAs~fRM~~IppstfE(gD~ Iwssmmw~mAN~aCNEReD~mw IH3uRIEsoR~,#HIcIJ,mpfgEvle#r~~I#ssIRlgD~13E HEXDLsxAB€E, Is~m~~9MsFoLIcy8~1cEgfAttBBsENT ma c. v, S-mRR czlAss, Np 72 OBALL ST., 1Z’iU FL ~~,~yosIK1~ As9ooNAs l?R?cPIm, PROrlIDeD, ImEVEEt, PWT €2ELuiBTowVemcE ClFMoOaawEHQe UHIa, A3 SHE Tz#E OF m H?w&?mG, IZIX) m ApflBlsB To IrimiRE lRIs FaJcY Wfi~cn, ?s A LtaxEt rWi32, xwm APPEAR To G5vE w mcLAI#sHImzw€R, sIIALT,m PRE3uDxE SxxaAnS, All other terms and conditions remain unchanged Effective date of this endorsement is: 3t&Y 6, 1988 Attached to and forming part of No. 4188-1085 Issued to: v mw IHSUMXZ THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA C.V. STARR 8. CO. Underwriting Managers m, A WC %@X= BY aEX26,1!388 -*#J Dated: 42175 8/85 BPOKEQ’S cooy 'E#'31Els3 886'1 '92 Xw itlLpz3 3m v *- z3wamNIm-- 4 SJ~&U~W 6U!$!JMJapUn -03 '8 tjtfVlS *A3 VINVAXSNN3d 40 31VlS 3Hl 30 ANVdWO3 33NVtjnSNl3Hl 7- 'ON 10 ved GU!UJJOJ pue 01 -s! luauaslopua sw 40 a11 pa6uetpun UI~U~J suo!~1puo3 pue SUJ 886'1 '9 XMT 3nim833dOUD cl?wmmwas= cifmmxz do AJm Qw€33zJmx&I3 ZKSvJi m €xmcs m XLD TRUOztfJOXU3 -mabI3 QI;?tlILI d0 A3D t&&dmxm-dowLT3 liN3ailTxmd3oxu3 -dm- vIm3xldJoux3 3AW3 3UIXd fI0 XAD ;GLz3YT&!tmImilLI;13 ww+Tfl 30 %l --?&rim sstMf> A0 AJI3 ti3Krmm do wIz3 ?ln#MmDrfom Q%AKrlmmm3 3XVI~dOALI3 laR?Avmm ~Wdo1LISs %dtnrmrw - TvdDIBm vmxl3m 1 1 /- *sKYrxxSvc3ti3la az.xmKp SI -el taa- XKL do CmmmI Qama 3l-E JXKs m SI 3;l ~asifENIamvN - \ f 'ON 1N3W3SHOaN3 e 0 *suo!wepeq aqi u! p~is se hqod s!y~ 40 4q!qey io si!q eyt empel 03 mas ileys siuewkd qms hue tnq 'efioqe vi1 iapun peJin3u! siunoue eq ked I~!M aM '~ej40 eyl cay3 6Ur!l jo payad ~eqi UO peseq ISaJW! iuewdpnf-aid he Aed IOU ll!M BM 'e3UWlSU! 40 )!UJ!I alqED!ldde a~ XBd 01 leu0 u8 eyew 8M 41 'AEd BM iuaurEpn! ey] 40 ired ieq UO painsul 3yl isu!abe PepJENe ISaMlU! tuawBpn!-aJd lie Acd ll!M eM '9 .)sanba~ q3ns ie sl~!it JO s0u!~eeq 18 ea~spueate t,parnsul aqi jo esnweq (kp red oar$ paame oi IOU 'ewow! Jeqao 10 ssq IOU inq 'htei~s JQ se6m 40 ssol lenpi! IjuIpnpu!) 'tsanbai mo ie peunw! sesuadxa elqsuosear (le io4 parnsul eyi es~nqw!er I~IM QM *uoeiayi Aaliqe!~ Jno 40 J!U!I eq paa-3xe iou saop Se 1uaw6pn! Aus 40 ued leg uno3 u! pqsodep 10 parapuq 'psd €JAE~ BM i!lun IuewSpn! 40 AJW J~I~B 6ujnr33e isaiaiu! lie (e) pue :sn Aq ~~NJKXJ! sasuadxa I~E (p) !sps yms Aus u! peins -ui eyi 1su!e6e paxei siso3 lie (3) :spuoq qms qs!uinl io io4 Aldde 01 uo!ieb!lqo hue woypt, Inq 'Ips pepuepp qms AUE u! pe.i!nbeJ spuoq laaddo uo suln!uleJd IIB (4) :h!lod sg 10 &i!qe!i jo I!UJ!~ e1qqld -de eqa 40 sse3xe u! IOU iunowe ue jo) s~ueu~q~eip essepi 04 spuoq uo swn!werd lie (e) :hd ll!~ e~ *sn Aq iuqpadxe paweep eq APLU se qns ro sup13 he 40 ~uawaiw pue uo!ie!~o8au pue uogeQisaAu! yms ~~EUJ oi iqt311 eqi eneq ll!~ BM inq 'iualnpney JO asiq 'ssqpunoi6 s! vns q3ns j! UW~ '4oe.w iunoxje uo sabewep 104 hefiow 6UIy60S pue h!pd S!YI 40 suo!s!hoid 0ql iepun pamsu! A!l!qe!l Bu!Balle parnsul e41 isu!e6e ips Aue puajap ll!~ e~ -L Irepuneieq p!ed sass01 KUE 40 uoseu Aq si!w!l eie8e~B6s he 40 uo!]sneqxa 04 enp ewemu! BulApapun Xue Aq palah03 iou sa3uai~n33o WOJJ Bu!ynsar suriep 01 Aldde ileqs uo!ms s!yi -E -2 3Sm 'h!jOd S!q JO ped $15! ~~~~JCIC~JO~U! Aqe~eq W? h[lCrd 6UlAlJapUfl eU1 40 Suo!S!AoJd ell1 :h!pd S!ql qi!M luais!suOw! u!ereQ uols!Aord ~aq)O he (1) !uo!s!AoJd ips 10 'Utle13 '83uarrno90 40 eqJ0U 941 (a) !he # 'iU8LU88168 ii?M%Ue1 941 [p) !&yqq 40 ylu!! 841 (3) :op3reql sasued -X3 pUE SiSO3 ~U!P~IIW! 'puejap PUB 8\86!jS8~~! 01 uo!)e6!1qo ac(> (9) !wn!uwd ey$ (e) :$pJ&eJ Se 1d33~3 *suv!ae~eix~ eyi 40 3 I uo!weS u! peiew se Aqi!qqi 40 J!UJ!I J~O *z ~NV 'suo!)eiepaa eyi 40 VI] uo!i3es u! pels!( Acqlod BulAliapun aqa jo suo!i!puo:, pue sum 6ql '1 :o) p$qns 'suogeiepea 8111 40 11 uo!wg u! pe!gpeds SE 'tou .to atq!i3e/p3 JeyiayM 'syw!( Bu!Ayepun ejqeqldde [le 10 uo!isneqxe 40 LJOSESJ hq (sa6europ heldwaxa IO an!i!und 'segieued 'seuy 118 Bu!pnpxa) sa6euep hoiesuaduio3 st: Aed oi paie6!1qo Xi106ei ewo3aq lli~ parnsul eqi t@q~ ssol aq) 40 uo!uod ieqi parnsul eqi 40 ~eqeq uo Aed II!M e~ 3iR-sm .I 61N3W33kiC)V ONltlnSNI' :SMOIIO~ SB sucqwelseg eq u! paweu painsul eq C(I!M saaibe h Gu!nssI Auoduoa eucl 'kqod s!qi io swmi ieq10 put? suo!i!puos 'suo!snpxa '&!i!qe!i do si!w!l eyi oi we!qns pur ped B epew sucqaepag eqi u! s1uweieis eqi uodn e3uqpr u! pue uJn!uJaJd aq io iuaurAed eqi 10 uo!wW 'eamnsu! eqi Ehp!hoid Aweduo=) eqa mo pue sn 'BM SPJOM eql -sucqeJepaa aqi u! UMO~S parnsq WEN isi!~ eq s! painsui eq kqiod SNI )nu4 h!lOd h!i!qe!l SSe3X3 -- WJOJ 6U!MOllOj 60 izo suasntpessevq 'uosog lewis eieis ooz ea30 eA!vw!u!wpv (Auedwm ammsuj 830)s v) ~~EME~G iuo16u!~l!~ ANVdN03 33NVkiflSNI NOl9NIX31 6 IIBIHX3 : WUS0:0T 06-TZ-TT: '0L M31d033131 XOY3X:Ai 6 2 tt :oLoDz ? 0 (06.:PO’P3)lL-dA-3: -2- ABm3 :,!woiv ay~ 01 iuensind Uo!waoAd le!weu!j u!eiupu 01 paJ!nbaJ s! uo!~ez!ueS~o he do uosied ALJE (e) W!~M 01 iaadse, UIIM pue je!ieieu, Jeapnu io se!uedord SnopJezey eq1 woJj Gu!#nsa JO :&!yqtq 10 qay si! 40 uopsneya uodn uopu!ww SJ! JOJ anq kqod qms AUE iapun painsq ue eq plnm JO ‘epeusa lo uo!iopxsv ~~UBJ~SUI reelqq .JO sma!Jwnrepun Ai!pqe!q A6ceu3 quoiv jswnyy ‘W!~E~OSSV exmnsuj S!yqe!i AUm3 JealDflN kl PanSS! h!iod Ab!l!qe!l Ab~aue JEGp4?u e J8pUn p0JRSu! ue OSiE SI peJn8ul ue y9!qM 01 r39dsa.1 qi!~ hrn!u! he :sincoo ym ienaiayhn pue ‘elqe)!nau! 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I40 eles ‘io esn ‘lo GU!U!W *io einixpueu 118 pua hue Aq ‘01 peinqquo: JO uvij Bu!iinsar e8ewep bedoid JO hrn!u! leuos~ad WOJ~ sesye wlep 10 >!ns qms I! ‘se6swep Bu!yeas pui e6eusp Luadord 10 hrn!u! lauosiad Bu!6alie parnsul eql \Su!&e uqep io $ns Auk? puehep 0) uOp?6!]qO hue C JO ‘pnp soisaqse JO smqg sowaqss ‘spnpord sqsaqse ‘soIseqse ai ernsodue AO ‘1 uo!pq!Jis!p ‘40 ~EAOUJ~J ‘40 uo!ieljejsu! ‘40 qes ‘40 esn ‘jo Gu!u!w ’40 empejnuew eq io JInsai e se ewg hue 1 ‘/un!u! ie1ueu.I 10 qs!n6ue leluaw ‘yieep ‘yc~oys ‘&!y!qos!fi ‘aseasjp iauo!iodnxo ’eseas!p ‘ssauyqs ‘hn!u! leuosm ‘a6.euep LlJedOJd vans 40 no t3qsye sa6ew~p 10 asne3aq bed Aua A.)!uuepu! oi painsul au3 jo uo!qe6!1qo Aueb : WUE0 : OT 06-?Z-? 5: :& H3 I d0331231 XD&GlX : Ai +. - .^^ -I-...._-.. s # :0mez , RCkJ > BY: XEROX TELECOPIER 7 ; 11-21-98 16: 04QM ; mi .2# . e t'. persons, and for settlement, adjustment, investigation and defense of claims but excluding the Insured's of the salaries of any of the underlying insurer's permanent employees. ' _CONDITIONS 1. Foltowina ForQ - It is agreed that this policy, except as herein stated, is subject to all conditions, agrt; and limitations of and shall follow the underlylng pollcylles in all respects, including changes by endor: and the Insured shall furnish the Company with copies of such changes. It is further 8greed. should ar ation be made in the premium for the po1icy:'ies of the Primary Insurers during the period of this policy, t premium hereon, other than the minimum premiums as stated in the Declarations, shall be adjusted accc Ma intenme of llnderlyina lnswancg - The policy or policies referred to in Section 11, Underlying Insur? the Recfafations, and renewal or replacement thereof not mare restrictive, shall be maintained by the 1 in full force and effect during the currency of this policy without alteration in their terms or conditions, el any reduction of the aggregate limit or limits contained therein solely by payment of ctalms. Further, the receivership, the insolvency and:'or inability to pay by an underlying insurer for any reason s be deemed to render the funds which would have been otherwise available from any underlying insurc unavailable, unrecoverable, reduced or exhausted for the purposes of determining the Company's liabilit this poky, it being understood that the liability of the Company under this policy shall in no way be inc or expanded as a result of such receivership, insotvency or inability to pay by an underlying insurer. ADBliCation of Salvaaes - Subroaation - All salvages, recoveries or payments recovered or feceived sub: to a loss settlement under this insurance shall be applied as if recovered or received prior to such set: and all necessary adjustments shall then be made between the Insured and us, provided always that nG this clause shall be construed or mean that losses under this insurance are not recoverable until the Ins ultimate net loss has been finally ascertained. Inasmuch as this policy is excess coverage, the Insured of recovery against any person or other entity cannot always be exclusively subrogated ta us. It is there derstood and agreed that in case of any payment hereunder, we shall act in concert with all other ititere cluding the Insured's) concerned in the exercise of such rights of recovery. The apportioning of any a which may be so recovered shall follow the principle that any interests (including the Insured's) that sh; paid an amount over and abave any payment hereunder, shall first be reimbursed up to the amount paid b' We shall then be reimbursed out of any balance then remahifig, up to the amount paid hefeunder. Cas interegs (including the 'inSUr9d'8) of whom this coverage is excess are entitled to claim the residue, Expense necessary to the recovery of any such amounts shalI be apportioned between .the iriterests (in( the Insured's) concerned in the ratio of their respective recoveries as finally settled: Premiurn - It is agreed that should any alteration be made in the premium for the Undertylng Poky dur period of this poricy, or if there is an increase in the risk assumed by the Company, then the premium may be adjusted accordingly. If this policy is subject to audit adjustment, the premium will be based UPOR the rating base as set fortr Declarations. Upon notice to the Named Insured of the earned premium due, such premium in excess advance premium shall become due and payable. If the total earned premium is less than the premium pre paid, the Company shall return to the Insured the unearned portion paid by the Insured, subject however minimum premium stated in the Declarations. Cancellation - This policy may be cancel!ed by the Insured by surrender thereof to us or any of our autt agents, or by mailing to us or any of our authorized agents, written notice stating when thereafter such ( lation shall be effective. The policy may be cancelled by us by mailing to the Insured at the address sh Item 1 of the Declarations written notice stating when, not less than thirty (30) days thereafter {ten (10 with respect to cancellation for non-payment of premium) such cancellation shall be effective. Proof of 1 of notice as aforesaid shall be sufficient proof of notice. The time of surrender or the effective date ant of cancellation stated in the notice shall become the end of the policy period. Delivery of such written either by the Insured or by us shall be equivalent to mailing. If we cancel, earned premium shall be computed pro rata. If the Insured cancets, earned premium st computed in accordance with the customary short rate table'procedure. In the event of such cancellatic earned premium Shall in no case be less than the minimum earned premium at inception as stated in thl larations. -5- 2. 3. 4. 5. LEX-OCC-FF-1 ?F. T(Ed.04.'90) F,X' BY : XEROX. TELECOP I ER + ; ii-a-ga i0:mmi .; m+ C 4, ' .. i Premium adjustment may be made at the time canceflation is effected or as soon as practicable the chock or our representative's check, mailed or delivered, shall be Suffidertt lerder uf ariy refund due tht If this policy insures mor8 than one Named Insured, cance!lation may be effected by the first of ! Insureds for the account of all Insureds. Notice of cancellation by us to such first Named Insured sh; to all insureds. Payment ctf any unearned premium to such first Named Insured shall be for the ac interests in such payment. Bankruotcy and Insolvency - In the event of the Insured's bankruptcy or insolvency or any entity con Insured, we shall not be rletieved thereby of the payment of any claim hereunder because of such ba insolvency. Arbitration - Should an irreconcilable difference of opinion arise as to the interpretation of this policy, mutually agreed that, as a 'condition precedent to any right of action hereunder, such difference shall bc to afbitration. ff either of thie parties fails to appoint an arbitrator within one month after being required t party in writing to do so, or if the arbitrators fail to appoint an umpire within one month of a request ir either of them to do SO, such arbitrator or umpire, as the case may be, shall at the request of eith appointed by a Justice of th:s Supreme Court of the Slate of New York. The arbitration proceeding :shall take place in New Yo&, New York, unless some other location is mutu upon by the two parties in interest. The applicant shall submit its case within one month after the app the court of arbitration, end the respondent shall submit his reply within one month after the receipt of The arbitrators and umpire are relieved from all judicial formality and may abstain from fotfowing the st! law. They shall settle any dispute under this Agreement according to an equitabfe rather than a s interpretation of its terms, and their decision shall be final and not subject to appeal. Each party shall bear the expense of its arbitrator and shall jointly and equally share with the other the e; the umpire and of the arbitration. MreRate Policv Period - If the period of the Undetlylng insurance is not concurrent with the policy f agreed that for the purpose of determining the Company's liability loss excess of the aggregate tim Underlylng Insurance, only loss or losses which take place during the policy period of this polic included. Service of suit - In the event of failure of the Company to pay any amount claimed to be due here Company, at the request of the Insured, will submit to the jurisdiction of a court of competent jurisdic the United States. Nothing in this condition constitutes or should be undefstood to constitute a wai Company's rights to commence an action in any court of competent jurisdiction in the United States to I action to a United States District Court or to seek a transfer of a case to another court as permitted by t the United States or of any state in the United States. R is further agreed that service of process in suc be made upon Counsel, Legal Department, Lexington Insurance Company, 200 State Street, Massachusetts, 02109 or his or her representative, and that in any suit instituted against the Company policy, the Company will abide by the final decision of such court or of any appettate court in the e\ appeal. Fwther, pursuant to any statute of any state, territory, or district of the United States which makes therefor, the Company hereby designates the Superintendent, Commissionsr oz Director of Insurance officer specifiod for that purpose in the statute. or his successors in office as its true and lawful attor whom may be sewed any lawful process in any action, suit, or proceeding instituted by of on beha Insured or any beneficiary hereunder arising out of this policy of insurance and hereby designates t named Counsel as the person to whom the said officer is authorized to mail such process or a true copy t 6. 7. 8. 9. IN WITNESS WHEREOF, we have caused this poky to be executed and attested, but this policy shall no unless countersigned by one of our duly authorized representatives. -@9 Secretary I S@IAbl President I cw An.- cy +Ijr I - 1 -- The WU Liability PaogrampooI cm these ap~~~re.~(B)to rhefulr $5 Million, per occ~~~ence, when the excess policy ceases to respond as a result of aggregate limits being reached I 5 e e 5'. P42 Persons or Entities Insured: Named Insured; Elected Officials; Appointed Officials; Members of Committees, Boards, Commissions or other Governing Bodies (while acting for or on behalf of Named Insured) Past or present em loyees of Named Insured &Me acting for or on behalf of Named Insured). Note: Newly aquired/formed organizations may be added by endorsement. nte cMc4 Liabirity lprogmm pooI wm city wdskm, w mmims, allthorities, etc, as kmg as the City ColUtciI sits as the fuil governing be. SECTION 11. MAJOR COVERAGES: Bodily/Personal Injury Property Damage Automobile Liability Public Officials' Errors & Omissions City Operations/Maintenance Liability (all City functions) Special City Events (Le., parades, festivals, etc.) Products - Completed Operations Hazards Street & Road Design EabZty Park & Recreation Functions & Facilities Police Law Enforcement and Fire Protection Liability Harbor, Marina & Port Exposures Non-Fixed Route Transit (i.e., Dial-A-Ride, Meals-On-Wheels) Liquor Liability Wrongful Termination (under written contract only; excluded by CMIA pool) Possible partial Defense Costs (at company's discretion; covered by CMIA pool) h ? e m w'. Page3 ( SECTION 111. OTHER "UNIQUE" COVERED ITEMS: Auditoriums Civic Centers Stadiums and Arenas zoos Parks and Playgrounds Amusement Parks (excludes trampoline rebounding devices) * Waterparks * Skateboard Facilities Rollerskating and Iceskating Rinks Jails/Correctional Facilities SECTION IV. SIGNIFICANT EXCLUSIONS: Employment Related Injuries (Workers' Compensation Exposures) Property of the Named Insured Absolute Pollution/Asbestos Ekposures Aircraft and Watercraft Liabili (Watercraft exposures covered y CMIA pool) Subsidence (covered by CMIA pool) Inverse andemnation Medical Professional/Malpra&ce Liability (CMIA pool coven paramedic & EMT exposures) Unlawful Termination/Discrimination/Violation of Civil Rights Fixed-Route Transit Darns Athletic Participants & Officials of any Organized Event (Does not include observers or bystanders; covered by CMIA pool) Cross-Suits (covered by CMIA pool) Failure to Supply Water/Power/Fuel ERISA Liability 2 q rase L z * I<- SECTION IV. SIGNIFICANT EXCLUSIONS: (Continued) Faulty Preparation of Bid Specifications/Professional Liability Fiduciary Liability SECTION V. PERTINENT CONDITIONS: Claims Notification - In the event an occurr ence is &Zy to involve the Company, written notice soon as practicable is required by the Companv; in the event of a claim or lawsuit, Corn any Insured. Cancellation Notice - Written 60 days’ notice by Named Insured; for non-payment of premium, days by Company. Policy Territory - Worldwide. Examination of Books & Records - At any time or within three years from termination of policy, desired by Company. immediately requires a copy of demand, notice, summons, or other process received by R amed ELIPSUMM.DOC (OUnW/CCR) 0 ,. I California %I unicipal Insurance Authority Diacram of CMIA's Current Liability Proeram With Optional $5M x $5 M Coverape e a ^O 5% qz 2 gE 5 4% I e 5 2-5 I ;g - u 3 0 c q 3, *& F XM Be E Eig $ s *g -- 5 - 2; 2 u" Shf r .. .....m------.-* HMKrdAI&r- w $4 1-W $4, M x SIR M) 3 2 - ---- --. 1 --------- Shm Risk Pool me A Member Entity's Selected Self-hured Retention (SIR) (noted below) aa I I I i? I E- I 5 I - !? f I x 9 w w I 1 I 55ook I' I S25Ok 3 U % -. - -. 0 i 1 p&lo SIR porn SIR $25ml SIR Point Arena Alturas calistoga Avalon Tehama Blue Lake -ga Twentynine Palms Trinidad Ferndale KO Dell Yucaipa Wheatland Yountville $SO.OOO SIR $100.000 SIR $wO.OOO SIR $SOO,OOO SIR aeariake Placentia Ridgecrest Grass Valley Highland Rancho Cucamonga South Lake Tahoe Nevada City Pacific Grove Rialto Placerville