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(
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*- 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.
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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
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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 $230,984 for its Deposit Premium for the Liability Progra
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T ar beginning on January 1, 1991.
Section 8. The City Clerk is directed to certify a copy of this Resolution an1
to forward the Resolution and the signed Joint Powers Agreement promptly by ma
to the California Municipal Insurance Authority, 7806 Madison Avenue, Suite 146, Fa1
Oaks, California 95628.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of th
4th day of December , 1990, by th City Council of the City of Carlsbad on the
following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson and Pettine
NOES: None
ABSENT: Council Member Mamaux
CLAUDE A. L&I$ 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----- -__-.
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(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 *,,-,,
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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
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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
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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
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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
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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"
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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.
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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
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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).
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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;
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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
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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.
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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
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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
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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
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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.
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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
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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
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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)
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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
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(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.
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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
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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
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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.
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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.]
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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
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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
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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.
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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.
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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
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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
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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.
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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
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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
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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
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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 ...................... ....................... ......................
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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-
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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
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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
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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.
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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.
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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
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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
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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.
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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
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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
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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.
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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.
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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
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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
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*.
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
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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
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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
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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
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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
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,
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
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- -_ - 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
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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=
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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
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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
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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
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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
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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
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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
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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
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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
-
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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 -
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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
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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
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=7&8&
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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
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PIE EfEtX3IT PtmiiIlPf IS IWWSBiS ZWWUJX AZA EWiE OF $1,5628 PEZi
$100 QFGRxs IxWmm Pm.
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IS - EUU PRD4IWl -a, PJYD -&ME Am WSES
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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
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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
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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
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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
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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
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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
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rase L
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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
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Shm Risk Pool
me A Member Entity's Selected
Self-hured Retention (SIR)
(noted below)
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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