Res 1986-135 - Laserfiche WebLink

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Each Fund Member agrees to adopt and accept the coverages, provisions. terms, conditions, exclusions and limitations as further provided for in the Th1L Sejf-Insurance Plans or as specifically modified by the Fund Member's Declarations of Coverage. Thl~ [nterlocal Agreement shall be construed to incorporate the TML Municipal Liability Self-Insurance Plan andl or the TI..1L Municipal Property Self-Insurance Plan, Declarations of Coverage. and Endorsements and addenda whether or not physically attached heret-o. 4. It is understood that by participating in this self-msurance pool to cover liability exposures, the Fund Member does not intend to waive any of the immunities that its officers or its employees now possess. The Fund Member recognizes the Texas Tort Claims Act and its limitations to certain governmental functions as well as it monetary limitations and that by executing this Agreement does not agree to expand those limitations. The Fund Member, upon the execution of this agreement, shall supply the Fund with a current copy of its charter provisions or ordinance that sets out its requirement as to the number of days in which a third party hability claim must be made against it. If the Fund Member does not have such an ordinance provision that establishes a set number of days or if it has an ordinance provision which provides for less than sixty (60) days notice and for good cause shown up to six (6) months notice the Fund Member agrees to adopt an ordinance providing for such notice reasonably describing the damage or injury claimed and the time, manner and place of the incident from which it arose. The notice requirement shall not be changed by the Fund Member without first givmg the Fund thirty (30) days written notice. Violacion of this provision may, at the Fund's discretion, void th:s [nterlocal Agreement. ;. The term of this Agreement and the self-insurance provided to the Fund Member shall be continuous commencing 12:01 AM. on the date designated in this Agreement until rerminated as provided below. Although the self-insurance provided for in this Agreement shall be continuous until terminated, the limit of l:abllity of the Fund under the coverages that the Fund Member elects shall be limited during any Fund Year to the amount stared in the Declarations of Coverage for that Fund Year. This Agreement may be terminated by either party giving to the other sixty (60) days prior written notice of intent to terminate except the Fund Member may terminate this Agreement and its coverages thereunder without giving the sixty (60) days notice if the reason is because of a change by the Fund in the Fund Member's contribution, coverage, or other change tn the limits of liability, terms, conditions, exclusions and limitJ'~':-Cs provided for in the' Texas Municipal League Self-Insurance Plans provided that no termination by the Member shaH be effeCtlve pnor to the date that written notice of termination is actually received in the offices of the Texas Municipal League Joint Self-Insurance Fund and provided further that the Fund Member agrees to and shaH pay the applicable premium and contribution for those coverages it is terminating until the date the notice of termination is actually received by the Fund. The Fund shall provide the Member with Declarations of Coverage and any Endorsements that determine the applicability of the Texas Municipal League Self-Insurance Plans annually by December L Such Declarations of Coverage shall include, but not be limited to, the coverage period which shall be the applicable Fund Year, limits, deductibles, contributions, special provisions and limitations. Changes made during the Fund Year, whether requested by the Member or required by the Fund, wHl be handled by Endorsement. [t is the intention of the parties that the Member's insurance coverages under this Agreement shall remain in full force and effect from Fund Year to Fund Year, subject to the hmits of liability that the Fund can provide each Fund Year and the terms, condi- tions and limitations that the Fund may require to protect its solvency and to compiy with reinsurance requirements, until nonce of termination is given as herein provided. Realizing that the Fund Member needs the earliest possible information concerning the Fund coverages, limits, and exclusions and the Member's contribution that will be required for any new Fund Year, the Fund will endeavor to provide this information as soon as possible before the beginnmg of each new Fund Year. The parties recognize, however, that conditions in the reinsurance industry are such that the Fund may not be able to provide this infor- mation to the Member before the beginning of a Fund Year for various reasons including the failure of the Member to timely submit the appropriate exposure summary or delays on the part of reinsurers in getting information to the Fund, and so, to protect the Member from gaps in its coverage and to protect the solvency of the Fund, the parties agree as follows: If for an:y reason the Fund has not been able to prot'ide the Member u,!th informatIOn concerning a\atl.able ccx:erages for a neu' Fund Year or ad\'ÎSe the Member of the amount of its contnbution for the neu' Fund Year by the beginning of the Fund Year, the Fund shall net:ercheless continue the Member's ccx:erages at the same limits of liability (if still available and if not then at the highest limit of liability at'ailab!e for the new Fund Year) 50 th.at the Member shall at all times rem.ain Insured as herein þrcx:ided and the l'vlember's initial contributions for the TJeU' Fund Year she.l! be determined by a "tentatit:e contribution" as determined by the Board u:ith the Member's actual annual contribution to be credited ~ the amount paid in accordance uith the tentatit'e contribution and adjusted during the Fund Year. In the et:ent the Member's annual contribution has not been determined at the beginning of a Fund Year due to the Member not having timely prodded the exposure summary required, chen the tentacit'e conrnbution shall be calculated as folloo.'s: The Member's þrtOr Fund Year's exposure base shall be increased by C\4!ency-five percent (25%) and the resulting exposure base shall be applied to the rates applicable to the net~ Fund Year and the Member shall make its contribution pa;¡ments based upon this rate with its annual contributions adjusted thereafter to reflect the cor- rect annual contribution. In the went the Member does not wish to hat:e its cOt.'erages extended or reneu'ed at the end of any Fund Year, the burden shall be upon the Member to give U Titten notice to the Fund as provided herem.abOt.'e and the Member agrees to pay as herein.abo~:e stated all contributions or prorata contributions until the date such \-I.-ritten notice is received in the offices of the Fund or the date of termina- tion of this Agreement, whichever is later.