HomeMy WebLinkAboutORD 1987-051 ORDINANCE NO. 87-51
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SELF-INSURANCE AND RISK MANAGEMENT
PROGRAM ORDINANCE
CITY OF GRAPEVINE, TEXAS
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Adopted August 18, 1987
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CONTENTS
Page
Recitals 1
Ordaining C lause
Article I. General Provisions 2
�` ` Seetion 1.01. Definitions 2
Section 1.02. Interpretation 8
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Article II. Establishment of Program 9
Section 2.01. Program Established 9
Section 2.02. Risk Management Board Created 9
Section 2.03. Powers, Duties, and Functions of Risk Management
Board Generally 9
Section 2.04. Risk Management Board to Administer Program 9
Section 2.05. Risk Management Fund Created 9
Section 2.06. Capitalizing the Fund 10
Section 2.07. Risk Retention Policy 10
Section 2.08. No Admission of Liability for Claims 10
Article III. Regulation of Risk Management Fund 10
Section 3.01. Authorized Withdrawals from Fund 11
Section 3.02. Control of Withdrawals from Fund 11
Section 3.03. Method of Withdrawal from Fund 11
Section 3.04. Withdrawal of Fund Surplus 11
Section 3.05. Limits on Amount of Withdrawals for Program Claims 11
Section 3.06. Investments of Fund 12
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Article IV. Administration of Claims 12
Section 4.01. Administration of Claims Generally 12
� ° Section 4.02. Claims Adjusters 12
Section 4.03. Defense of Claims 13
Section 4.04. Settlement of Claims 13
Section 4.05. Payment of Non-Covered Claims 13
Article V. Risk Management 13
Section 5.01. Risk Manager 13
Seetion 5.02. Risk Management Aetivities Generally 14
Section 5.03. Program Insurance 14
Seetion 5.04. Cooperation with City Administration 15
Acticle VI. Other Program Provisions 15
Section 6.01. Report to City Council on Program Status 15
Section 6.02. Alteration and Termination of Program 15
Section 6.03. Effective Date of Program; Duration 15
Artiele VII. Miseellaneous Provisions 16
Section 7.01. Conflicts with other Ordinances 16
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Section 7.02. Severability 16
Section 7.03. Governmental Regulations 16
Section 7.04. Emergeney 16
,��, Execution
Sehedule A Excluded Property
(i)
ORDINANCE NO. 87-51
AN ORDINANCE ESTABLISHING THE CITY'S DEFINED
SELF-INSURANCE AND RISK MANAGEMENT PROGRAM;
CREATING THE CITY'S RISK MANAGEMENT BOARD;
PROVIDING THE TERMS FOR WITHDRAWALS FROM THE
FUND; CONTAINING OTHER PROVISIONS RELATING TO
THE SUBJECT; AND DECLARING AN EMERGENCY
WHEREAS, the City of Grapevine, Texas (the "City") is exposed under law to
'� certain risks of liability while the City, as a municipal corporation, is engaged in its
governmental and proprietary functions; and
� WHEREAS, pursuant to its authority under law, the City, by ordinance, has
assumed the risk of liability for certain losses of and possible claims against its
officers, employees, board and commission members, and certain volunteers, and has
established the "City of Grapevine Officer and Employee Liability Plan"; and
WHEREAS, the City is permitted by law and its home rule charter to insure
itself against the various risks of liability and loss to which it is e�osed, either
through insurance providers or through a defined self-insurance program; and
WHEREAS, the City Council has found and determined that from time to
time rates from insurance providers for coverage of the City's e�osure to risks of
liability and loss a,re prohibitive or excessive in cost, and, that during such periods if
such insurance coverage were purchased, an unacceptable burden on the City's
taxpayers and citizens would result, with only minimal coverage of the risks; and
WHEREAS, the absence of funded arrangeinents for paying potential claims
in connection with certain risks of liability and loss to which the City is e�osed,
either through reasonably priced insurance or through a defined and pre-funded
self-insurance program, creates e�raordinary burdens on the City's budgetary
process and e�oses the City and its taxpayers and citizens to une�ected surges in
expenditure requirements that cannot be budgeted for in advance, to the detriment
„ of other City requirements for funds; and
WHEREAS, the City is required by law to provide workers' compensation
� ° benefits to its employees by obtaining coverage from workers' compensation
insurance providers or through self-insuranee; and
WHEREAS, the City Council has found and determined that it is in the best
interests of the City and its taxpayers and citizens to establish and maintain a
self-insura.nce and risk management program, to provide for an insura.nce fund, to
define the type and extent of claims that may be paid from the insurance fund, and
to provide for contributions to the insurance fund;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF GRAPEVINE, TEXAS:
ARTICLE I
GENERAL PROVISIONS
Section 1.01. Definitions.
The following terms, as used in this Ordinance, have the following meanings
unless the conte� requires otherwise:
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"act" includes an omission or failure to act.
"Administrative E�enses" means the e�enses of administering the Program,
�,*, to the extent designated as such by the Risk Management Board, including (but not
limited to) the following:
(a) the compensation paid to the Risk Manager or to any risk
management consultant;
(b) the compensation paid to any Claims Adjuster or any professional
actua.ry;
(�) the e�enses of defending any Claim, including (but not limited to)
the following:
(i) compensation paid to e�ert witnesses;
(ii) attorneys' fees and e�enses and court costs; and
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(iii) investigation e�enses;
(d) any expenses incurred by the City in the course of any financing
"�°°' undertaken to provide funding f or the Fund or to repay any obligation incurred by
the City in the course of such a fina.ncing; or
(e) the chasedf in aecordance with the Program O dinanceensation paid to
brokers) that is pur
"Advertising Injury" means any injury to a person that results from the
promotional activities of the City if such injury arises out of any one or more of the
following acts:
(a) piraey, plagiarism, unfair competition, or idea misappropriation under
implied contract; or
(b) infringement of copyright, title or slogan, registered trade mark,
service mark, or trade name.
"Advertising Injury Claim" means a Program General Liability Claim in which
the Damages are asserted to be the result of Advertising Injury.
"Annual Period" means the period of 12 consecutive calenda.r months
beginning on the effective date of the Program and on each successive anniversary
`" " of the effective date of the Program.
,� ,, "Assumed General Liability Claim" means any Plan Claim for which the City,
in the judgment of the Risk Management Board, is liable.
"Assumed Risks" means the risks for which the City has assumed liability
pursuant to the Risk Assumption Ordinance.
"Bodily Injury" means any physical harm or physical illness sustained by any
individual, including a resulting death.
"City" means the City of Grapevine, Texas.
"City Attorney" means the city attorney of the City.
"City Council" means the City Couneil of the City.
"City Manager" means the city manager of the City or, if none, the City's
chief executive officer having the responsibility for the administration of the City's
affairs.
"City Secretary" means the city secretary or city clerk, as applicable, of the
City.
� � "Claim" means any elaim or suit against the City (whether in its capacity as a
municipal corporation or as an insurer under the Municipal Workers' Compensation
Law), or any claim or suit against any Plan Member that the City is responsible for
defending under the Risk Assumption Ordinance, regardless of whether any Damages
""�''� resulting from sueh claim or suit are permitted under the Program Ordinanee to be
paid from the Fund.
"Claims Adjuster" means any person designated as a Claim Adjuster as
provided by Section 4.02 of the Program Ordinance.
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"Corporate General Liability Claim" means any Corporate General Liability
Damages, together with the Corporate General Liability E�enses that result from
the Claim giving rise to sueh Corporate General Liability Damages, but does not
inelude a Workers' Compensation Payment.
"Corporate General Liability Conduct" means any of the following:
(a) a.ny Error or Omission that causes an Injury; or
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(b) any other conduct of the City or a Plan Member that causes an Injury.
"Corporate General Liability Damages" means the Damages for whieh the
City, in the judgment of the Risk Management Board, is liable as a result of a Claim
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arising from Corporate General Liability Conduct.
"Corporate General Liability E�enses" means the court costs, pre-judgment
and post-judgment interest, attorneys' fees, and any other e�enses or costs for
which the City, in the judgment of the Risk Ma.nagement Board, is liable as a result
of a Claim giving rise to Corporate General Liability Damages.
"Corporate General Liability Risks" means the risks for which the City, as a
munieipal corporation, may be held liable by operation of law in the course of
performing its governmental or proprietary functions.
"Damages" means compensatory damages, punitive damages, special
damages, or any other classification of damages that lawfully may be awarded
against the City or a Plan Member as a result of a Claim.
"Error or Omission" means any act of a Plan Member that results in or
constitutes an erroneous or improper discharge of such Plan Member's official duties
for the City (including the making of an incorrect statement), but that does not
eonstitute legally actionable fraud or an intentional or knowing breach of duty.
"Exeluded Payment" means any of the following payments:
` (a) the payment of a Program Claim that is not made while the Program
is in effect in accordance with applicable claims administration procedures;
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(b) the payment of any Program Claim involving Damages that arise
from the exercise by the City of its power of eminent domain;
(e) the payment of all or that portion of any Program Claim, or of any
other item for which a withdrawal from the Fund is permitted by Section 3.01(a) of
the Program Ordinance, that, in lieu of payment from the Fund, can be paid from:
(i) any insurance proceeds available to the City, including (but
not limited to) casualty or liability insurance, workers' compensation
insurance, or property insurance;
(ii) the proceeds of any insurance carried under any health,
accident, or similar plan of benefits provided by the City; or
(iii) any fund, reserves, or other source of payment available to
the City that has been designated or otherwise set aside for such purpose;
(d) the payment of any Program General Liability Claim arising from an
Injury that results from the distribution (whether by sale, gift, or otherwise) of an
alcoholic beverage, other than a distribution at an activity or function that is
incidental to the City's business, that (i) is in violation of the law, (ii) is to a minor
"��"' or to an individual who is under the influence of alcohol, or (iii) causes or
contributes to the intoxication of any individual;
� , (e) the payment of any Program Claim arising from an Injury that results
from declared or undeclared war (including civil war, insurrection, rebellion, or
similar hostility) or any act or condition incident to war; or
(f) the payment of any Program Claim:
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(i) in which the City's liability exists by virtue of the Texas Tort
Claims Act, Chapter 101, Texas Civil Practice and Remedies Code, Vernon's
Texas Codes Annotated, rega.rdless of whether the City is a defendant, that
exceeds the limits on liability applicable to the City under that statute;
(ii) in whieh the City's liability exists by virtue of the Munieipal
Workers' Compensation Law that exceeds the limits on liability applicable to
the City under that statute;
(iii) that the City is otherwise granted immunity from paying or
�' preeluded from paying by law; or
(iv) in an amount that exeeeds any limits prescribed by the
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Program Ordinance on the amounts of withdrawals that may be made from
the Fund to pay Program Claims.
"Exeluded Property" means the property identified in Schedule A to the
Program Ordinance, subject to any qualifications, limitations, or exceptions therein
preseribed.
"E�ra E�ense" means the amount of the excess (if any) of the total cost
during any period of restoration of Loss Covered Property resulting from a Program
Property Loss that is chargeable to the conduct of the business of the owner of such
property over the total cost that would normally have been incurred to conduct such
business during such period if no Program Property Loss had occurred.
"Finance Director" means the individual having the responsibility for the
management of the City's financial affairs.
"Fund" means the Insurance Fund to be created by resolution or ordina.nce of
the City pursuant to Seetion 2.05 of the Program Ordinance.
"Fund Surplus" means the amount of money in the Fund that is in excess of
the amount that, in the opinion of a professional actuary, is required to maintain the
Fund on an actuarially sound basis, to the extent reasonably practicable, for the
period of time and the risks of loss for which it is then funded.
� � "Injury" means any of the following injuries:
(a) Advertising Injury;
(b) PersonalInjury;
(e) Property Damage;
(d) Regulatory Injury.
"law" includes the federal and Texas constitutions and statutes, the City
eha,rter and ordinances, a.ny administrative rules having the force and effect of law,
and any controlling judicial decisions applicable to the City.
"Loss Covered Property" means any of the following property that is not
Excluded Property:
(a) any building or other structure or other real property, other than
land, owned or leased by the City; and
(b) any tangible personal property that:
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(i) is owned by the City; or
(ii) is owned by any person other than the City if:
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(A) the property is in the City's custody;
(B) the City is required by law or contract to insure the
property; or
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(C) the person is a Plan Member and the property is in
use for City purposes at the e�ress direction of the City.
"Municipal Workers' Compensation Law" means Article 8309h, as amended,
Vernon's Annotated Texas Civil Statutes.
"Occurrence" means an episode, an incident or series of related incidents, or
an event or series of related events that results in compensable injury to one or
more persons.
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"person" includes an individual; partnership, trust, or other association;
corporation; or governmental entity or agency.
;� ,, "Personal Injury" means any of the following injuries to any person:
(a) Bodily Injury;
(b) mental harm, anguish, or illness (regardless of whether accompanied
by Bodily Injury); or
(c) any injury, other than Property Damage, Advertising Injury, or
Regulatory Injury, arising out of any one or more of the following acts:
(i) false or wrongful arrest, detention, or imprisonment or
malicious prosecution;
(ii) wrongful entry or eviction or other invasion of the right of
private occupancy;
(iii) discrimination or se�al harassment;
(iv) publication or utterance (A) of a libel or slander or other
disparaging or defamatory material, or (B) in violation of an individual's right
of privacy; or
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(v) humiliation, faLse or improper service of process, or violation
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of civil or property rights.
"Personal Injury Claim" means any Program General Liability Claim in which
the Damages are asserted to be the result of Personal Injury.
"Plan Claim" means any "Plan Claim" as defined in the Risk Assumption
Ordinance.
"Plan Loss E�enses" means any "Plan Loss E�enses" as defined in the Risk
Assumption Ordinance.
"Plan Member" means any "Plan Member" as defined in the Risk Assumption
Ordinance.
"Program" means the City of Grapevine Self-Insurance and Risk Management
Program established by Section 2.01 of the Program Ordinance.
"Program Claim" means any:
(a) Program General Liability Claim;
(b) Workers' Compensation Payment; or
� * (c) Program Property Loss.
"Program General Liability Claim" means any Assumed General Liability
�..,� Claim or any Corporate General Liability Claim.
"Program Insurance" means any insurance (other than the self-insurance
provided by the Fund) that is obtained by the City pursuant to Section 5.03 of the
Program Ordinance.
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"Program Ordinance" means this Ordinance and any amendments hereto.
"Program Property Loss" means any economic loss that, in the judgment of
the Risk Management Board, is sustained by the owner of Loss Covered Property as
a result of Property Damage to such Loss Covered Property that is caused by any
peril (including, without limitation, any act of God, theft, or vandalism), but does
not include the following:
(a) a loss resulting from normal wear and tear, depletion, deterioration,
�,,,., corrosion, or erosion;
(b) a loss resulting from the interruption of the conduct of the business
of the owner of the Loss Covered Property, unless such loss is an E�ra E�ense.
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"Program Risks" means any of the following risks:
(a) the Assumed Risks;
(b) the Corporate General Liability Risks;
(c) the Workers' Compensation Risks;
(d) the Property Loss Risks.
"Property Damage" means any damage to or destruction of tangible property
or the loss of use of tangible property.
"Property Damage Claim" means a Program General Liability Claim in which
the Damages are asserted to be the result of Property Damage.
"Property Loss Risks" means the risks that can result in Property Loss.
"Regulatory Injury" means any economic loss sustained by a person as a result
of any act by the City in the perforinance of its regulatory or property acquisition
� functions.
� "Regulatory Injury Claim" means a Program General Liability Claim in which
the Damages a.re asserted to be the result of Regulatory Injury.
"Risk Assumption Ordinanee" means Ordinance No. 8 7-5 2 (which
establishes the City of Grapevine Officer a.nd Employee Liability Plan), as from
time to time amended.
"Risk Management Board" means the Risk Management Board created by
Section 2.02 of the Program Ordinance.
"Risk Manager" means the person serving as the Risk Ma,nager pursuant to
Section 5.01 of the Program Ordinance.
"Termination Date" means any date of termination of the Program specified
by ordinance or resolution of the City.
"Workers' Compensation Payment" means any payment of compensation,
benefits, e�enses, or other charges for which the City, in the judgment of the Risk
Management Board, is liable as an insurer under the Municipal Workers'
Compensation Law as a result of an injury to an employee of the City.
"Workers' Compensation Risks" means the risks for which the City may be
� • held liable under the Municipal Workers' Compensation Law.
Section 1.02. Interpretation.
��� (a) Whenever the conte� requires:
(i) references in the Program Ordinance of the singular number
shall include the plural and vice versa; and
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(ii) words used in the Program Ordinance denoting gender shall
be construed to inelude the maseuline, feminine, and neuter.
(b) The Table of Contents and the titles given to any article or section of
the Program Ordinance are for convenience only and are not intended to modify or
affect the meaning of the Program Ordinance.
ARTICLE II
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ESTABLISHMENT OF PROGRAM
Seetion 2.01. Pro�ram Established.
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The City hereby establishes the "City of Grapevine Self-Insurance and Risk
Mana.gement Program," whieh shall consist of the policies, rights, and duties
embodied in the Program Ordinanee. The Program shall be implemented and
administered as provided by the Program Ordinance.
Section 2.02. Risk Mana�ement Board Created.
(a) The "Risk Management Board" is hereby created.
(b) The Risk Management Board shall be composed of the following five
members: (i) the City Manager, as ehairman, (ii) a deputy or assistant city manager
of the City designated by the City Manager, (iii) the Finance Director, (iv) the City
Attorney, and (v) the Risk Manager.
(c) The City Seeretary, or an assistant city secretary designated by the
City Secretary, shall serve as the secretary of the Risk Management Board.
(d) The Risk Management Board may select sueh other officers as it
determines appropriate from among its members.
�° Section 2.03. Powers, Duties, and Funetions of Risk Mana�ement Board
Generall,y.
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(a) The Risk Management Board may exercise the powers and shall
perform the duties and functions prescribed by the Program Ordinance, the Risk
Assumption Ordinance, and any other ordinance of the City.
(b) The Risk Management Board may establish rules governing the
conduct of its affairs.
(c) The Risk Management Board may take such actions as are necessary
to enable it to properly and effectively exercise the powers and perform the duties
a.nd funetions delegated to it under the Program Ordinance or any other ordinance of
the City.
Section 2.04. Risk Mana�'ement Board to Administer Pro�ram.
The Risk Management Board is responsible for the administration of the
Program in accordance with the Program Ordinance, subject to the superior
authority of the City Couneil. In the course of carrying out this responsibility, the
Risk Management Board shall interpret and apply the provisions of the Program
Ordinance and the Risk Assumption Ordinance.
Seetion 2.05. Insurance Fund.
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(a) An "Insurance Fund" may be created by a subsequent resolution or
ordinanee of the City for the purpose of providing capital for the Program to be
used as provided by the Program Ordinance.
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(b) The resolution or ordinance ereating the Fund shall provide that no
person (including any Plan Member), other than the City, has, or is granted or vested
with, any right to any of the money in the Fund.
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Section 2.06. C apitalizin� the Fund.
The Fund may be funded with money:
(a) provided by contributions made from time to time, upon the order of
the City Council, from budgeted, appropriated, and currently available City money;
or
„�,�, (b) derived from time to time by the City pursuant to agreements
providing any lawfully available source of funding.
Section 2.07. Risk Retention Polic.y.
��� It is the policy of the City, subject to budgetary and general economic
conditions, to self-insure against all or any Program Risks, as prescribed by the
City, through the Fund and to provide such self-insurance by depositing money into
the Fund in amounts sufficient to provide for the defined self-insurance coverages
authorized by the Program Ordinance. It is further the policy of the City, under the
appropriate conditions, to obtain Program Insurance as provided by the Program
Ordinance.
Section 2.08. No Admission of Liability for Claims.
The City, by virtue of establishing and maintaining the Program, is not
admitting liability for any Claim. The City reserves the right to assert any defense
to the payment or collection of any Claim that is lawfully available to it.
ARTICLE III
REGULATION OF RISK MANAGEMENT FUND
Section 3.01. Authorized Withdrawals from Fund.
� (a) Money may be withdrawn from the Fund only for the following
purposes:
,�. , (i) to reimburse the City for Administrative Eapenses;
(ii) to pay any Program Claim;
(iii) to pay any Fund Surplus to the City;
(iv) to retire (by scheduled payment, prepayment, defeasance, or
otherwise) any obligation of the City incurred in connection with providing
funding for the Fund; or
(v) to reimburse the City for any payment made under any
agreement to provide funding for the Fund that is permitted to be paid to the
City pursuant to such agreement, or, to the e�ent and under the terms and
conditions provided in such agreement, to cure a default in payment by the
City under such agreement.
(b) No withdrawal from the Fund may be made except in accordance
with the Program Ordinance.
(e) Money may not be withdrawn from the Fund to make any Excluded
Payment.
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Section 3.02. Control of WithdrawaLs from Fund.
„�,,� (a) Subject to the regulations and limitations provided by the Program
Ordinanee, the determination of whether money in the Fund is to be withdrawn is in
the discretion of the Risk Management Board.
(b) An aggregate amount exceeding $250,000 may not be withdrawn from
the Fund to pay the Program Claims of any one claimant that arise from the same
Occurrence unless the City Council approves a greater amount for that purpose.
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Section 3.03. Method of Withdrawal from Fund.
Withdrawals from the Fund may be made, upon the order of the Risk
Management Board, by check or draft drawn on the Fund.
Section 3.04. Withdrawal of Fund Surplus.
Fund Surplus may not be withdrawn from the Fund more often than once a
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year.
Section 3.05. Limits on Amount of Withdrawals for Pro�ram Claims.
(a) The aggregate amount of withdrawals from the Fund to pay all
,�,:�,, Corporate General Liability Claims that arise from any one Occurrence may not
exceed the following amounts for the following respective classifications of
Corporate General Liability Claims:
(i) for Personal Injury Claims: $250,000 per person; $500,000
total;
(ii) for Property Damage Claims: $100,000;
(iii) for Advertising Injury Claims: $500,000;
(iv) for Regulatory Injury Claims: $500,000.
(b) The aggregate amount of withdrawals from the Fund to pay all
Assumed General Liability Claims that arise from any one Occurrence may not
exceed $500,000.
(c) The aggregate amount of withdrawals from the Fund in any one
Annual Period to pay Program General Liability Claims may not exceed the amount
established by the City in its budget for such Annual Period.
� _ (d) Subject to Subsection (h) of this section, the a,ggregate amount of
withdrawals from the Fu.nd to pay all Program Property Losses that a.rise from any
one Occurrence may not exceed $500,000.
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(e) Subject to Subsection (h) of this section, the aggregate amount of
withdrawals from the Fund in any one Annual Period to pay Program Property
Losses may not exceed the amount established by the City in its budget for such
Annual Period.
(f) Subject to Subsection (h) of this seetion, the aggregate amount of
withdrawaLs from the Fund to pay Workers' Compensation Payments that arise from
any one Occurrence may not exceed $500,000.
(g) Subject to Subseetion (h) of this section, the aggregate amount of
withdrawaLs from the Fund in any one Annual Period to pay Workers' Compensation
Payments may not exceed the amount established by the City in its budget for sueh
Annual Period.
(h) A withdrawal from the Fund may be made that causes the limit on
aggregate withdrawals prescribed by Subsection (d), (e), (f), or (g) of this seetion to
be exceeded if such withdrawal does not render the Fund actuarially unsound, as
determined by a professional actuary.
Section 3.06. Investments of Fund.
'�'� The Risk Management Board shall direct the investment of money in the Fund
in investments that are eligible as lawful investments for other public funds of the
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City.
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ARTICLE IV
ADMINISTRATION OF CLAIMS
Section 4.01. Administration of Claims Generally.
The Risk Management Board is responsible for the administration of Claims.
,�:.:� Section 4.02. Claims Adjusters.
(a) The Risk Management Board may allow one or more claims adjusters
(each a "Claims Adjuster") to adjust or otherwise administer Claims for the City.
� Y (b) Each person that is to serve as a Claims Adjuster shall be designated
by the Risk Management Board. A Claims Adjuster may be selected from among the
City's administrative staff, or a professional claims handling or management service
may be retained as a Claims Adjuster.
(c) If a professional claims handling or management service is to be
retained as a Claims Adjuster, such employment shall be on a non-exclusive basis,
and the contract under which such service is retained shall be made terminable by
the City upon the e�iration of a reasonable term fixed by the Risk Management
Board.
(d) Each Claims Adjuster shall be directly responsible to the Risk
Manager and shall follow any claims administration policies and procedures
established by the Risk Management Board.
Section 4.03. Defense of Claims.
(a) The Risk Management Board shall direct the defense of the City in
C laims.
(b) The Risk Management Board, under supervision of the City Attorney,
� may retain attorneys, experts, and investigators in connection with the defense of
any Claim.
�. , Section 4.04. Settlement of Claims.
(a) The Risk Management Board, in its discretion, may settle Claims,
subject to the limitations prescribed by this section.
(b) The Claims of any one claimant that arise from the same Occurrence
may not be settled for an aggregate amount exceeding $500,000 without the
approval of the City Council.
(c) The Risk Management Board may authorize Claims Adjusters to
settle, without the advance approval of the Risk Management Board, the Claims of
any one claimant that arise from the same Oecurrence for an aggregate amount not
exceeding $500,000.
(d) The Risk Manager may settle, without the advance approval of the
Risk Management Board, the Claims of any one claimant that arise from the same
Occurrence for an aggregate amount not exceeding $5,000.
Section 4.05. Payment of Non-Covered Claims.
Any Claim that the City is legally obligated to pay that is not a Program
�,.. r, Claim or, if a Program Claim, that is in excess of the amount permitted under the
Program Ordinance to be withdrawn from the Fund to pay such Program Claim, may
be paid by the City only at such times and from such sources of payment as are
,,,,�„:,,, required by law.
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ARTICLE V
RISK MANAGEMENT
Section 5.01. Risk Mana�er.
(a) The Program shall include the services of a risk manager (the "Risk
Manager").
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(b) The Risk Manager may be an individual selected by the City Manager
from among the City's administrative staff or an individual selected by the City
Manager who is hired as a City employee, or a professional risk management service
may be retained as the Risk Manager. If a professional risk management service is
"�'" to be retained as the Risk Manager, the selection of the service shall be made by the
City Manager subject to the approval of the Risk Management Board.
(c) The Risk Manager shall perform the duties and functions prescribed
by the Program Ordinance, subjeet to the superior authority of the City Manager,
the Risk Ma.nagement Board, and the City Council.
Section 5.02. Risk Mana�ement Activities Generall,y.
(a) The Risk Manager shall engage in the following activities:
(i) identify and quantify (to the extent practicable) the risks
that have the potential to result in loss to the City or Plan Members resulting
from Claims;
(ii) subject to the approval of the City Manager and the Risk
Management Board, devise and implement programs designed to reduce the
City's and the Plan Members' e�osure to loss due to Program Risks,
including (but not limited to) risk assumption, risk reduction, risk retention,
and risk transfer (including the purchase of Program Insurance);
� (iii) develop and maintain for the City Council and the Risk
Management Board an information system, in coordination with any existing
systems of the City, for the efficient recording of Program information,
� • including (but not necessarily limited to) information concerning Claims, Plan
Loss E�enses and Corporate Damage E�enses, Administrative Expenses,
withdrawals from the Fund, and Program Insurance premiums;
(iv) perform such other services as may be specified by the City
Manager, the Risk Management Board, or the City Council.
(b) Subject to applicable budgeta.ry restrictions and with the consent of
the City Manager and the Risk Management Board, the Risk Manager may
implement and supervise the safety and other risk management policies and
procedures that are to be followed by the City.
Section 5.03. Prot;ram Insurance.
(a) Insurance ("Program Insurance") may be obtained under the following
circumstances:
(i) as excess coverage over that provided by the Fund, as
reinsuranee for the Fund, or as first-dollar coverage in lieu of that provided
by the Fund (which may result in eonverting eoverage provided by the Fund
into excess coverage) if, in each case, the insurance is obtainable on a
�au=� fiscally sound basis, giving consideration to the investment opportunities for
the Fund and any shock-loss e�osure of the City due to the Program Risks;
,�,.,„ (ii) when services that are necessary to effectively administer
the Program can be obtained only through the obtaining of the insuranee;
(iii) when the City is required by contraet or law to obtain the
insurance; or
0425H
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(iv) when the limitations on coverage under the Fund do not
result in long-term economic advantage to the City, and the insurance
obtained either does not contain, or offsets or reduces, such limitations.
(b) The procurement of Program Insurance shall be coordinated by the
Risk Manager and approved by the Risk Management Board and the City Council.
(c) Program Insurance shall be obtained from sources determined to be in
�<: v
the best interests of the City. No particular insurance or finaneial quality rating is
required, but the insurance provider must be in excellent financial eondition as
determined by the Risk Management Boa.rd.
(d) When practicable, the remuneration of agents or brokers providing
�..� insurance services to the City pursuant to the Program Ordinance shall be on a fee
basis.
Section 5.04. Cooperation with Cit.y Administration.
To promote the effieient and effective administration of the Program, the
various department heads and other employees having administrative responsibilities
for the City are encouraged and directed to cooperate with the Risk Manager.
ARTICLE VI
OTHER PROGRAM PROVISIONS
Seetion 6.01. Report to Cit.y Council on Pro,;ram Status.
The Risk Management Board, at least quarterly, shall report to the City
Council on the status and e�erience of the Program, including the financial status
of the Fund.
Section 6.02. Alteration and Termination of Pro�ram.
� (a) Subject to Subsection (b) of this section, the City, by ordinance, may
alter the Program from time to time or terminate the Program at any time without
�_ ,,
notice to any Plan Member or other person.
(b) The City, by agreement approved by the City Council, may limit its
right to alter or terminate the Program.
Seetion 6.03. Effective Date of Pro�ram; Duration.
The Program shall become effective on October l, 1987 and shall continue in
effeet until 5:00 p.m. on the Termination Date.
ARTICLE VII
MISCELLANEOUS PROVISIONS
Section 7.01. Confliets with other Ordinanees.
This Ordinance shall not operate to repeal or affect any other ordinance of
the City exeept to the e�ent that the provisions thereof a.re ineonsistent or in
conflict with this Ordinance, in which event, such inconsistent or conflieting
provisions in such other ordinance are hereby repealed.
„�,,, ,.
Section 7.02. Severabilit.y.
If any part of this Ordinance is held to be invalid for any reason, such holding
�..�
shall not affect the validity of the remaining parts of this Ordinance.
Section 7.03. Governmental Re�ulations.
The regulations provided in this Ordinance are hereby declared to be
governmental and for the health, safety, and welfare of the general publie.
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Section 7.04. Emer�enc.y.
The public importance of this Ordinance creates an emergency and an
imperative public necessity that any rule requiring ordinances to be read at more
than one City Council meeting be suspended, and any such rule is hereby suspended,
and this Ordinance shall take effect and be in force from and after its passage and
approved; provided the same is adopted on the first reading by three-fourths of the
members of the City Council present, otherwise this Ordinance shall become
�. .;
effective on second reading.
FINALLY PASSED AND APPROVED AND EFFECTIVE on this the 18th day
of August, 1987.
� LSEALI __
y"�� ������"_�
Mayor, City of Grapevine, Texas
-(ic�
City ecretary, City Grapevine, Texas
APPROVED AS TO FORM:
� �-..`------_. '
City Attorney, City of ra vine, Texas
�;
�. .,
�:.�
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SCHEDULE A
Exeluded Propert,y
None
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0425B/16
A-1