Res 1986-135 - Laserfiche WebLink

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6. Commensurate with the executJon of this Agreement and annually thereafter. the Fund Member shaH complete the approprIate exposure summary and deliver it or cause it to be delivered to the Fund, or, if so instructed, to a designated contractor, no later than September 1 of each year and new annual contributions shall be cab.J.lated using manual rates times exposure. less any ad- justments. Intentional or reckless misstatements on the exposure summary shall be grounds for cancellation. The Fund Member agrees to pay the annual contribution to the Fund in equal monthly installments, in advance, commenc:ng at the beginning of this Agreement with subsequent installments due the first of each month thereafter. If the payable annual contribution shall be less than 55,000, it shall be payable in equal quarterly installments, in advance, commencing at the beginning of this Agreement or at the beginning of ,each new Fun~ Year, with subsequent installments due the first of each quarter thereafter. Members who elect a deductIble In excess of $2',000 shall comp]y wIth the payment schedule outlined to them in advance of assuming such large deductible. In the event this Agreement is terminated as herein provided. the Fund shall promptly repay to the Fund Member any unearned annual contribution prorated as of the date of termination and the Fund Member agrees to promptly pay the Fund any unpaid annual contribution prorated as of the date of actual termination. In addition, the Fund Member agrees during the term of this Agreement to promptly pay all reimbursable deductibles upon rece:pt of statement. At the end of each and every Fund Year, the Fund may require the Fund Member to submit the actual data requested on the ex- posure summary as reflected by the books and records of the Fund Member. The Fund reserves the right to audit the records cf any Fund Member and adjust contributions accordingly. In the event that the Fund Member fails or refuses to make the payments, including accrued interest, as herein provided the Fund reserves the right to terminate such Fund Member by giving them ten ([0) days written notice and to collect any and all amounts that are earned pro rata for the period preceding contract termination. If the amounts owed. including reimbursable deduCtlbles. have co be coUected by suit, the Fund Member agrees to pay atcorneys' fees and costs Incurred in such suit. (. The Fund shall maintain adequate protection from catastrophic losses to protect its financial integrity. Aggregate protection shall also be maintained to ensure that the Member shall at no time be assessed. The Member's contributions shall be limited to that amount as calculated under this agreement. 8. Notwithstanding the provisions of the foregoing paragraph. it is agreed the Board shall have the right to ,adjus.t the financial. pro- tection outlined above and/or amend coverages as it finds available or deems necessary to maintain the fiscal soundness of the Fund at the beginmng of or during any Fund Year. 9. The Fund has contracted to supply loss control services to the Fund Members to assist them in following a plan of loss control that mav result in reduced losses. The Contractor shall provide all of the service, ciS provided in the service contract entered into by and between the Contractor and the Fund on behalf of the Fund Member. The Fund Member agrees that it will cooperate tn instituting any and all reasonable loss control recommendations. In the evem that the recommendations submitted by the Conrractor on behalf of the Fund seem unreasonable. the Fund Member has J right to appeal to the Board of Trustees. The Board shall hear the objections of the Fund Member at its next regularly scheduled meeting and its decisions will be final and binding on all parties. Any Fund Member who does not agree to follow the decision of the Board shall be withdrawn from the Fund immediately. 10. The Ft.:nd Member agrees that it will appoint a coordinator of department head rank, and that the fund shall not be required to contact any other individual except this one person. Any nonce to or any agreements with the coordinatOr shall be binding upon the Fund Member. The Fund Member reserves the right to change the coordinator from time to time by givil1g written notice to the Fund. d. The fund agrees to handle aU liability and property claims, and provide a defense tor any and alliiabihty ciaims covered under this agreement after prompt notice has been given. The Fund Member hereby appoints the n1L Staff and the Contractor as its agents to act in all matters pertaining to processing and handling of claims covered under this agreement and shall cooperate fully in supplying any information needed or helpful in settlement or defense of such claims. As respects liability claims. the TML Staff and the Contractor shall carryon all negotiations with the claimanr and his attorney and negotiate within authority previously granted by the Fund. If a personal appearance by the Fund Member or an employee is necessary, the expense of this appearance will not be the responsibility of the Fund. With the advice and consent of the Fund, the TML Staff and the Contractor will retain and supervise legal counsel for the prosecution and defense of any litigation. AU decisions on individual cases shall be made by the Fund through the TML Staff and the Contractor, which includes the decision to appeal or not to appeal. However. any Fund Member shal1 have the right in any case to consult with the Fund on any decision made by the Th1.L Staff or the Contractor. The Board shall hear the objections of the Fund Member at its next regularly scheduled meeting and its decision will be final and binding on all parties. Any suit brought or defended by the Fund shall be brought or defended only in the name of the Fund Member and/or its officers or employees. There shall be supplied periodically to each Fund Member a computer printout in- volving a statement of claims. As respects the TML Municipal Liability Self-Insurance Plan, the Fund shall have priority in en- forcing its subrogaton claims as against claims of Fund Members except as to claims of the Texas Municipal League Workers' Compensation Joint Insurance Fund. which shall take preference.