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HomeMy WebLinkAboutUntitled (3) t League of Minnesota Cities Insurance Trust Group Self-Insured Workers' Compensation Plan 145 University Avenue West St. Paul , MN 55103-2044 4PrRENEWAL DATA The "City:" OAK PARK HEIGHTS, CITY OF Agreement No. : 0200072916 PO BOX 2007 Quote To: OAK PARK HEIGHTS MN 55082 Quote Due On: 6/01/03 Agreement Expires: 7/07/03 Your coverage under the LMCIT Self-Insured Workers' Compensation program will expire soon. This Renewal Data sheet will be used to generate a premium quote for the different workers' compensation plans available. A copy of the City's previous year's selected coverages and premiums is attached for your reference. Coverage Options All of the options available to the City are outlined below, and described in the accompanying memo, Things to Think About When Renewing Your City's Workers' Compensation Coverage.You can select any coverage options in which the City may be interested. Premium quotes for all coverage options will be provided, and a final coverage decision can be made at the time you receive the complete quote. Elected Officials: Please indicate if the City would be interested in covering elected officials. Yes X No If yes,please list the estimated annual payroll for all elected officials the City would like to cover under workers' compensation. The 2002 premium rate for mayors and council members is $.37 per$100 of payroll. This rate is applied to the greater of either the official's actual salary or an imputed salary of$70 per week. Note: Coverage for elected officials requires a resolution passed by the City Council. lit Payro Description Code Amount Elected Officials 9411 $ 26000 .00 Members of Separate Administrative Boards:Please indicate if the City would be interested in covering members of separate administrative boards. Yes No X If yes, please select any separate administrative boards the City would like to cover under workers' compensation. (This coverage includes Board Members only.) 1. Utility or utility commission 5. Welfare or public relief agency 2. Port authority 6. School board 3. Housing and redevelopment authority 7. Joint powers board 1 4. Hospital or nursing home board or commission 8. Other Employees of Separate Administrative Boards:If the City has elected to cover specific Board Members above, the City can also choose to cover employees of those boards. Please indicate which type of quote the City would like: No quote for administrative board employees. Combined quote to include employees of both the administrative board and the City. Separate quote for employees of the City and each administrative board selected above. Volunteers: Please indicate if the City would be would like to cover City volunteers not designated as employees, such as coaches, instructors, event workers, "clean-up" day volunteers, etc. (Volunteer firefighters, ambulance attendants, first reponders, law�rcement assistance volunteers, civil defense volunteers, and any other volunteers defined by statute as employees for pu s of work comp coverage are already covered and are not part of this election.) Yes No X (over) League of Minnesota Cities Insurance Trust Group Self-Insured Workers' Compensation Plan 0 . 145 University Avenue West St. Paul, MN 55103-2044 Phone (651)215-4173 Information Rage ' \O :i-:lit�.I; �P 1. The "City" �� Agreement No. 02-0007E9-16 7E9--16 OAK. PARK. HEIGHTS, CITY OF _\�\\ O�Q� cd\ �\ °City° is: ; City FO BOX 2007 .�t�\`\ Q\ Joint Powers Entity OAK PARK: HEIGHT MN 55082-2007 ��`` o Other(describe) ;$1 r01loi t:? 071'07/2003 2. The Agreement period is from 12:01 a.m. to 12:01 a.m. at the"City's" address. 3. A, Workers' Compensation Coverage: Part One of the Agreement applies to the Workers' Compensation Law of any state of the United States of America and the District of Columbia. B. Employers Liability Coverage: Part Two of the Agreement applies to work in each state listed in item 3.A. The limits of our liability under Part Two are: Bodily Injury-Each Occurrence$1,000,000. Bodily Injury by Disease-Agreement Limit$1,000,000. C. Part Three of the Agreement applies to Infectious Disease Diagnostic Testing. D. Part Four of the Agreement applies to Peace Officers' Posttraumatic Stress Syndrome Benefit. E. This Agreement includes these amendments and schedules: - Retro-rating option selected? NOT APPLICABLE . Elected Officials Covered? YES. Boards and Commissions Covered (List) NONE 6. The premium for this Agreement will be determined by our Manuals of Rules, Classifications, Rates and Rating Plans. All information required below is subject to verification and change by audit. PREMIUM BASIS RATES ENTRIES IN THIS ITEM,EXCEPT AS SPECIFICALLY PROVIDED ESTIMATED ESTIMATED TOTAL PER$100 OF CODE ELSEWHERE IN THIS AGREEMENT;DO NOT MODIFY ANY OF THE ANNUAL ANNUAL REMUNERATION NO. OTHER PROVISIONS OF THIS AGREEMENT. PREMIUM REMUNERATION 341 257. 042 8810 CLERICAL_ 1433. 174938. 1.08 9410 MUNICIPAL EMPLOYEES 1389. 22288. 2.61 9102 F'ARK:S 582. 639669. 3.01 7720 POLICE 19254. 64057. 3.06 7580 SEWAGE DISPOSAL PLANT 19135. 10010. 4.40 5506 STREET CONSTRUCTION & MAINTENANCE 476. 10809;3. 2.41 7520 WATERWORKS 2605. 26000. 0.40 9411 ELECTED OR APPOINTED OFFICIALS 104. �\�\P Manual Premium 28328. �\�� perience Modification 0.77 �Q� Standard Premium 21812. �C? A\Q Managed Care Credit 0'4 "• T C\ 0 Deductible Credit 0 U. << - Q Premium Discount 15,x,7. F-411 7�y�i'f35i.., 404.00 LANDMARK INS SERVICE Discounted Standard Premium 20216. 232 S LAKE STREET ! MC Insurance Trust Discount % FOREST LAKE.MN 55025 Net De4posit. Premium 2021' DATE 1 N4 4670(12/9 _+t l',Dni i2 ,.. .4 Prey. Yr ■ 03' 04' Holiday Overtime 03' + 04' earings • Council David Beaudet 3,000 3,000 $ 6,000 $ 6,000 Les Abrahamson 2,500 2,500 $ 5,000 $ 5,000 Jack Doer 2,500 2,500 $ 5,000 $ 5,000 Mary McComber 2,500 2,500 $ 5,000 $ 5,000 Mark Swenson 2,500 2,500 $ 5,000 $ 5,000 Total $ 26,000 $26,000 9411 Part Time Parks Mark Robertson 10,732 11,080 $ 21,812 John Sortedahl 2,772 2,862 $ 5,634 Brett Bernhjelm - 968 $ 968 Christopher Oswald - 1,266 $ 1,266 Nina Kellogg - 958 $ 958 Joseph Bockman - 1,560 $ 1,560 Total $ 32,198 9102 Police Stanley Buckley 29,489 30,447 2,524 1,132 $ 63,592 $60,776 1.05 Michael Hausken 33,437 34,524 2,748 695 $ 71,404 $68,209 1.05 Lindy Swanson 40,277 43,097 1,500 $ 84,874 $79,524 1.07 Kenneth Anderson 30,397 31,385 3,075 159 $ 65,015 $62,107 1.05 Paul Hoppe 33,437 34,524 3,549 4,662 $ 76,172 $72,977 1.04 Fred Kropidlowski 29,489 30,447 2,322 3,157 $ 65,415 $62,599 1.04 Brian DeRosier 29,260 30,211 3,075 170 $ 62,716 $59,921 1.05 Joseph Croft 29,218 30,168 2,827 933 $ 63,147 $60,354 1.05 David Kisch 29,218 30,168 2,827 716 $ 62,930 $60,137 1.05 Sandra Kruse-Roslin 22,249 23,417 91 $ 45,758 $42,205 1.08 Total $661,023 7720 Office Staff Gary Brunckhorst 24,755 25,559 690 $ 51,004 $48,526 1.05 Judy Holst 38,113 39,352 2,453 $ 79,917 $80,551 0.99 Julie Hultman 22,249 22,972 827 $ 46,048 $43,822 1.05 Eric Johnson 38,943 42,621 - $ 81,563 $ - Julie Johnson 20,617 21,287 766 $ 42,670 $40,604 1.05 Lisa Taube 22,046 22,763 $ 44,809 $42,078 1.06 Total $346,012 8810 Building Insp. Jimmy Butler 31,676 32,705 1,177 $ 65,558 $62,387 1.05 9410 Breakdown Public Works Jeff Kellogg 24,755 25,559 8,394 $ 58,709 $56,231 1.04 5506 16,744 Jay Johnson 38,113 39,352 1,420 $ 78,885 $75,246 1.05 7520 104,650 Rolland Staberg 21,841 22,551 5,504 $ 49,896 $42,205 1.18 7580 62,790 7720 661,023 Total $187,489 8810 346,012 Public Works Breakdown 9102 25,037 5506 8% � �l 4� 9410 76,023 7520 50% ti 1` �� 9411 26,000 7580 30% ire . , r �> 9102 7% . r 1,318,279 9410 5% ,"140,00,1' y 6 1 ��� � � ��' $ 1,318,279 0 S 4 1\ f I1vI(II! 145 University Avenue West,St.Paul,MN 55103-2044 Phone: (651)281-1200•(800)925-1122 1.00 .0,1i000■441 c iri86 Fax: (651)281-1298 •TDD(651)281-1290 Cirivs pragmatist.)esarlianrn www.lmcit.lmnc.org CITY BUDGET CUTS AND LMCIT PREMIUMS Reductions in state aid and the imposition of new levy limits will mean significant budget reductions for many cities for 2003 and/or 2004. Since city expenditures are an important element in rating liability premiums,many cities are asking how their budget cuts will affect their premiums. In this memo, we'll try to answer that question. We'll also give you our best(but VERY preliminary) guess for what might happen with property, liability, auto, and work comp rates for next year.And we'll offer some suggestions for things to consider, and things not to consider, if you're looking for ways to reduce the city's premiums. Budget cuts and liability premiums City expenditures are an important element in liability premium rating, so if the city reduces expenditures it will mean lower premiums,all else being equal. However, it does take a fairly sizeable change in the city's budget to make a significant difference in the premiums. Here are some points to keep in mind: 1. A reduction of X%in the city's budget will not translate into the same percentage reduction in the city's premiums. The liability premium is typically about half of the city's total premium. Property and auto premiums make up the rest, and budget changes don't affect the rating for those risks. Also,while city expenditures are an important element in calculating liability premiums, it's just one of several elements. Other rating bases—miles of streets, annual water system volume in gallons, etc, - also are part of the liability premium calculation, and they presumably won't change. 2. Reductions in capital expenditures will have a much smaller effect on premiums than reductions in operating expenditures. City expenditures actually enter into the premium calculation in two ways: A basic rate is applied to city expenditures excluding construction projects, significant capital purchases(i.e.,those exceeding 5%of the budget),certain contract expenditures,and expenditures for certain operations; and a second, much smaller rate is applied to total expenditures including capital and contract expenditures. Thus for example, a dollar savings from eliminating a street department staff position will have a much greater effect on liability premiums than if the city achieves the same dollar savings by canceling or deferring a construction project. 3. Reductions in operating expenditures for pools and beaches, community centers and arenas, golf courses, or municipal liquor stores will also have only a minor effect on premiums. These exposures are rated on other bases. Expenditure cuts in these areas would have the same relatively minor effect on premiums that cuts in capital expenditures would. Here's how LMCIT will handle liability premium rating in light of anticipated city budget cuts for 2003 and 2004: • If your city's coverage has already renewed in 2003 and you are significantly reducing city expenditures in 2003 Start with your best estimate for what your actual city expenditures will be for calendar 2003. Compare that with the figures that were used to calculate the city's premiums for the current coverage period. (In some cases,that may have been the city's actual expenditures for 2002; in other cases, it will be the city's original budgeted expenditures for 2003.) If the 2003 expenditures will be significantly less than that, contact your LMCIT underwriter. You'll need to provide specific information on the nature and amounts of the cuts; i.e.,which specific services and expenditures the city is eliminating in 2003. We'll recalculate the premium for the current coverage period,using the revised 2003 expenditure figures. We would caution that if the budget cuts the city is making in 2003 are relatively minor, the effect on premiums will be very small as well. As a guideline, it generally won't be worthwhile to go through the re-rating process finless you've made reductions of 10%or more in your 2003 operating budget, or cuts in capital expenditures equal to 40%or more of your 2003 budgeted total expenditures including both capital and operating costs. • If your renewal comes up in the next several months Provide your best estimate of what the city's expenditures will be for calendar 2003, and we'll use those figures to calculate the city's premiums. If those figures are significantly less than previous years,please also provide specific information on which services and expenditures were reduced and by how much. p Y • For renewals late in 2003 This will affect only a small number of cities whose renewal dates are in the last couple months or so of 2003. If your city has formally adopted a budget for 2004 by the time of your renewal, we'll use those 2004 budgeted expenditures to develop the renewal rates. If the 2004 budget hasn't yet been formally adopted, the estimated 2003 expenditures will be used. Rate guesses for 2004 Here's our best guess for what we might see in premium rates for 2004. We'd stress that these are very early and very preliminary guesses, and are absolutely not guarantees.We need to complete this year's actuarial reviews and rate development work and also get a 2 • high-frequency, low.severity losses—i.e., use deductibles—rather than gambling that that one big loss won't occur and that you won't be faced with that catastrophic cost. Another option the city could consider eliminating is the volunteer accident coverage. This optional coverage provides "no-fault"benefits to city volunteers who are injured while performing services for the city. However, we're hearing that quite a few cities are making more use of volunteers as one way to deal with budget cuts. Keep in mind that for those city volunteers who aren't covered by work comp,the volunteer accident coverage may be the only protection they have if they're injured while volunteering for the city. The LMCIT memos "Accident Coverage for City Volunteers"and"Covering the City's Volunteers"discuss this in more detail. As always, feel free to contact your LMCIT underwriter if you have questions. Pete Tritz 6/03 6 7di- %v#e / 0 ,does no i• maul /1/7/?&l 400Wor.V,/ 60,0 f- &vve2 t, mvsf 6G ,41 erD 0.10 0 lettion3 ,,,rwe,Ae_ ii r/ Divi,b/ VENDS )4;74712, ' conk V 00 G M,w-,nr► do Its LUON c I tec •ev Lew , - s - goe Asye-'isleves,y. 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' 1 . •..-; i . 1 . . . : • i 1 . . ..,1 . :,.5 ' „J., ..I . ..1.$L . _.J J.. ■ i . _ _:, .,._ 7 .., _L7,......_7 ---- —1 8,I ••••• •"%g.t1gg'-g.14354',4,7,,T----`' WIEgg...-114.0._5103.1:it re.,:-..3_,,,.._._................ -,_ ,,____ • g) 0 • e 110 it go: 0 ei 110 • • • a 0 0 .- a 0 0 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST CLASSIFICATION OF EMPLOYEES BY DUTIES OR RESPONSIBILITIES J�,r+ • d This classification under Class A, B and C constitutes the cities personnel as of the date of this application and should include Mayc Council members. CLASS A EMPLOYEES All Executive Administrative Judicial and Supervisory officials.Department and Division Heads and Assistant Department and Division Heads. All Police Office: all officials and employees whose principal duties require them to: 1.) Handle,receipt for,or have custody of money,checks or securities,or account for supplies or other property,authorize(or make appropriations for) expenditures;approve,comity.sign or countersign checks drafts,warrants,vouchers,orders or other documents providing for the paying over or deliv money,securities.supplies or other property.or serve process,or; 2.) Maintain or audit accounts of money,checks„securities,time records,supplies or other property,or take physical inventories of money,checks,scan supplies or other property. '"Patrolmen are classified as'A"Employees under'Faithful Perforu itcc'Coverage but are classified as"C"Employees under"Dishonesty'Coverage. POSITION A OF OCCUPANTS POSITION I OF OCCUPANTS POSITION N OF OCCUPAN Ciry i inin tITvtdo✓ I G%v.r.,,....(47 De vv.0). I rw°h co,Avriewer �- cute�v✓ , J�CG fad• ,.letcyv 4frt flssitT4r" F �IJ.=.rns'crrwrf,�c SOIL. Pohl Weeks pr1^ec7w' i id;—3 UF(ikf I. sow., ..AyWry O+ry sec., Total Class A f3 CLASS B EMPLOYEES All personnel whose principal duties consist of: I. Inside or outside clerical activities; 2.. Office work such u stenography,typing.filing,switchboard operation,business machine operation etc.; 3. Operation of vehicles transporting passengers for cash fare or tickets. POSITION I OF OCCUPANTS POSITION N OF OCCUPANTS POSITION if OF Sec-7-(04,41 A-ov,f 4v"r I OCCUPAN7 f l rte 0t3p4-re.tw' l , 1-v.1 641.1r TAeci, /cgl 1 Total Class B J CLASS C EMPLOYEES MI personnel whose principal duties consist of; I. Skilled or unskilled labor and craftsmanship; 4. My teaching capacity in the field of education; 2. Solely the mechanical operation of automotive equipment; 5. Outside or field work of a non-clerical nature; 3. Non-clerical activities of the medical or nursing profession 6. Patrolmen under the'Dishonesty"Coverage. /� POS ON, X OF OCCUPANTS POSITION N OF OCCUPANTS POSITION 0 OF rcICN. CC/ y MEIET Pe; OCCUPANT • Total Class C f t' 410 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST NO FAULT SEWER BACK-UP COVERAGE APPLICATION Iv� APPLICANT: AGENTS NAME: TELEPHONE NUMBER# 1. Inspection and maintenance program Does the city have an inspection and maintenance program?[I Yes [I No Please describe briefly or attach a copy of the program. 2. Problem area identification procedures Does the city have in place procedures for identifying and abating problem areas in the system that may require more frequent inspection or cleaning? [I Yes [] No Please describe briefly. 110 3. Emergency response system Does the city have a procedure for providing 24-hour/7 day emergency response to sewer back-ups? [ ] Yes [] No Please describe briefly. 4. Inflow and Infiltration Procedures(Storm water getting into the sanitary sewer system) Does the city have an active plan to minimize the effect of storm water getting into the sanitary sewer system? [] Yes I]No Please describe briefly. LMCITAPP.SEWERBU(11/00) 5. Documentation Does the city maintain written records of its normal maintenance and inspections of the sewer system? (] Yes [] No Does the city maintain written records for its cleaning and inspection of problem sewer lines? I ]Yes [] No 6. Planning Does the city have capital improvements planning in place to remedy any ongoing problems with its sewer system? []Yes []No Please provide details including a description of the plan,availability of financial resources and timetables. 7. Special Note: No fault Sewer Back-up Coverage cannot be bound until the city has met the underwriting criteria and has passed a No Fault Sewer Back-up Resolution. By: (Signature and Title of Authorized Representative) LMCITAPP.SEWERBU(11/00) LEAGUE OF MINNESOTA CITIES INSURANCE TRUST Off/ BOILER AND MACHINERY APPLICATION ADMINISTERED BY: BERKLEY RISK ADMINISTRATORS COMPANY,LLC 145 University Avenue West St.Paul,MN 55103-2044 APPLICANT: C,. f o Par r/C /J r A-f Y _ INSPECTION CONTACT AT CITY: L-/'r e 4. ao in h TELEPHONE#: 5/-'4A2 -yy3 ' AGENT'S NAME: F-.Cc d"?..,E �HS - ftJu7`� �;�oo;',r 9� TELEPHONE# 1`u4 /en COMPREHENSIVE (INCLUDING PRODUCTION MACHINES) NON-REFERRAL OCCUPANCIES ONLY LIMITS: $ 5,000,000 Per Any"One Accident"Combined Property Damage,Business Interruption and Extra Expense $ 25,000 Expediting Expenses $ 25,000 Ammonia Contamination $ 25,000 Water Damage $ 50,000 Ice Rink Buried Piping 1. Does the applicant currently have Boiler&Machinery coverage? Yes _ )( No 2. Name of current Boiler&Machinery carrier Expiration Date: 3. Has the applicant had any boiler and machinery breakdowns in the past 3 years? X Yes No If yes,please provide description and amount: 200 2- r-Lk ea c �Yo�t,'r R I7a. Uv moo l F��nac-t 22,-epcL;is —j a7o.00 d� .2 co o - A e eon 1'7 : ..- Y\-c tL /�/ 7. 61 4. 100%Replacement Cost Values of Building,Municipal Personal Property,Personal Property of Others: $ ? * 5 c. L r,C ,T f'�o�a • 7`� ScI�t(c. ! L 5. Non-Referral Occupancies Deductible: $ * DiOnot include values for referral. LMCITAPP.BOILER(11/97)(REV. 11/99) PAGE 1 OF 2 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST • REFERRAL OCCUPANCIES(Limited Coverage) Important: If the applicant has an exposure to any of the following,further analysis may be required by LMCIT. A representative of Hartford Steam Boiler(the reinsurer of LMCIT) may contact you for further information or inspection appointment. Each exposure must indicate a yes or no response. Special conditions,endorsements,limits and deductibles may apply per occupancy. *B *MPP *PPO *BI A. Refuse burning facility(boiler garbage burning systems-HBB) —Yes V No _ B. Diesel electrical generating equipment(boiler diesel utility-HBD) _Yes X No _ C. Electrical generating equipment(boiler electrical production _Yes )( No _ utilities-HBE) D. Co-generation facility(boiler co-generation facilities-HBF) _ Yes _No _ fio (*Does not include emergency back-up generators that serve only a single building or function and are not part of a municipal utility.) E. Equipment for recovering methane or other gases from a sewage treatment plant or landfill,or any other system for producing industrial gases(boiler industry gas production-HBG) Yes X'No _ F. Hospital/Clinic equipment listed below(boiler hospital-HBH) —Yes ( No _ 1. CT Scanner Yes _No 2. MRI Unit Yes _No 3. PET Yes _No 4. Linear Accelerator _Yes No 5. Lithotripter Yes _No G. Steam or hot water district heating system(boiler municipal steam hot water-HBM) Yes ,X No H. *100%Replacement Cost Values of Buildings,Municipal Personal Property,Personal Property of Others and 100% of Business Interruption Values. NOCoverage for the above referral occupancies can not be bound unless approved by LMCIT. LMCITAPP.BOILER(11/97)(REV. 11/99) PAGE 2 OF 2 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST • BOILER AND MACHINERY APPLICATION �7�^ ADMINISTERED BY: BERKLEY RISK ADMINISTRATORS COMPANY, LLC 145 University Avenue West � St.Paul,MN 55103-2044 C_ u. 0 APPLICANT: (j r y o4. Oct k15 INSPECTION CONTACT AT CITY: kier n1/2—e r- TELEPHONE#: 1/5/ 9-�'`7'&f AGENTS NAME: L4 n d tri tc(IC_Tr 5. -- ?r/o h ,4 x,./V Y— TELEPHONE# /CA-re— flfl/,iJG- COMPREHENSIVE(INCLUDING PRODUCTION MACHINES) NON-REFERRAL OCCUPANCIES ONLY LIMITS: $ 5,000,000 Per Any "One Accident"Combined Property Damage,Business Interruption and Extra Expense $ 25,000 Expediting Expenses • $ 25,000 Ammonia Contamination $ 25,000 Water Damage $ 50,000 Ice Rink Buried Piping 1. Does the applicant currently have Boiler&Machinery coverage? Yes , No 2. Name of current Boiler&Machinery carrier Expiration Date: 3. Has the applicant had any boiler and machinery breakdowns in the past 3 years? X Yes No If yes,please provide description and amount: ..100 — err•(„.c.c 2,.pt.; .•Vo l S r�rn G+.e '-C r-e1/74 cc 'ea 767,d7) e2 burl - r7 l � i� n�C '� /� •c�7� 4. 100%Replacement Cost Values of Building,Municipal Personal Property,Personal Property,of Others: . $ 4 7 77 47 5'3 Z * I. c i 5. Non-Referral Occupancies Deductible: $ lies not include values for referral. LMCITAPP.BOILER(11/47)(REV. 11199) PAGE 1 OF 2 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST • REFERRAL OCCUPANCIES(Limited Coverage) Important: If the applicant has an exposure to any of the following,further analysis may be required by LMCIT. A representative of Hartford Steam Boller(the reinsurer of LMCIT)may contact you for further information or inspection appointment. Each exposure must indicate a yes or no response. Special conditions,endorsements,limits and deductibles may apply per occupancy. *B *MPP 'PPO *BT A. Refuse burning facility(boiler garbage burning systems-BBB) _Yes X No B. Diesel electrical generating equipment(boiler diesel utility-HBD) _Yes No C. Electrical generating equipment(boiler electrical production _Yes )( No utilities-HBE) D. Co-generation facility(boiler co-generation facilities-HBF) Yes -No (*Does not include emergency back-up generators that serve only a single building or function and are not part of a IImunicipal utility.) E. Equipment for recovering methane or other gases from a sewage treatment plant or landfill,or any other system for producing industrial gases(boiler industry gas production-HBG) T,Yes .41(_No • F. Hospital/CIinic equipment listed below(boiler hospital-HBH) _._.Yes X No 1. CT Scanner _Yes _No 2. MRI Unit _Yes No 3. PET Yes No 4. Linear Accelerator _Yes No 5. Lithotripter Yes No G. Steam or hot water district heating system(boiler municipal steam hot water-HBM) Yes No H. *100%Replacement Cost Values of Buildings,Municipal Personal Property,Personal Property of Others and 100% of Business Interruption Values. • NOTE:Coverage for the above referral occupancies can not be bound unless approved by LMCIT. •ITAPP.BOILBR(11197X5.Ev.11199) PAGE 2 OF 2 r----: League of Minnesota Cities Insurance Trust Group Self-Insured Workers' Compensation Plan 145 University Avenue West St. Paul, MN 55103-2044 Phone (651)215-4173 Information Page 1. The "City" RENEWAL Agreement No.: 0200072917 OAK PARK HEIGHTS, CITY OF PO BOX 2007 "City" is: x City OAK PARK HEIGHTS MN 55082 _ Joint Powers Entity Other(describe) 2. The Agreement Period is from 12:01 a.m. 7/07/2003 to 12.01 a.m. 7/07/2004 at the "City's" address. 3. A. Workers' Compensation Coverage: Part One of the Agreement applies to the Workers' Compensation Law of any state of the United States of America and the District of Columbia. B. Employers Liability Coverage: Part Two of the Agreement applies to work in each state listed in item 3.A. The limits of our liability under Part Two are: Bodily Injury-Each Occurrence $1,000,000 Bodily Injury by Disease-Agreement Limit $1,000,000 C. Part Three of the Agreement applies to Infectious Disease Diagnostic Testing. D. Part Four of the Agreement applies to Peace Officers' Posttraumatic Stress Syndrome Benefit. E. This Agreement includes these amendments and schedules: ia.Petro-rating option selected? Yes _x _ No 5. Elected Officials Covered? Yes Boards and Commissions Covered (List) NONE 6. The premium for this Agreement will be determined by our Manuals of Rules, Classifications, Rates and Rating Plans. All information required below is subject to verification and change by audit. Premium Basis Rates Entries in this item,except as specifically provided Estimated Estimated Total Per$100 of Code elsewhere in this Agreement; Do not modify any of the Annual Annual Remuneration No. other provisions of the Agreement Premium Remuneration SEE ATTACHED SCHEDULE FOR DETAILS Manual Premium 30786. Experience Modification .85 4618. Standard Premium 26168. Managed Care Credit 0% Deductible Credit .0 % Agent: 411709883 483.14 Premium Discount 2011. 00874 FOREST LAKE INSURANCE SERVICE DBA LANDMARK INSURANCE SVCS Net Deposit Premium 24157. 232 S LAKE ST FOREST LAKE MN 55025- 8/08/2003 LM 4670(12/99) League of Minnesota Cities Insurance Trust Group Self-Insured Workers' Compensation Plan 145 University Avenue West St. Paul, MN 55103-2044 (651)215-4173 s"City" Agreement No.: 0200072917 Agreement Period From: 7/07/2003 OAK PARK HEIGHTS, CITY OF To: 7/07/2004 PO BOX 2007 OAK PARK HEIGHTS MN 55082 CONTINUATION SCHEDULE FOR INFORMATION PAGE REMUNERATION RATE CODE DESCRIPTION EST. PREM 16489. 4.84 5506 STREET CONSTRUCTION 798. 103057. 2.65 7520 WATERWORKS 2731. 61834. 3.36 7580 SEWAGE DISPOSAL PLANT 2078. 658601. 3.31 7720 POLICE 21800. 337972. .47 8810 CLERICAL OFFICE EMPLOYEES NOC 1588. 27278. 2.87 9102 PARKS 783. 75781. 1.18 9410 MUNICIPAL EMPLOYEES 894. 26000. .44 9411 ELECTED OR APPOINTED OFFICIALS 114. Manual Premium 30786. • Agent: 411709883 00874 : FOREST LAKE INSURANCE SERVICE DBA LANDMARK INSURANCE SVCS 232 S LAKE ST • FOREST LAKE MN 55025- 8/08/2003 LM 4680(8/99) • League of Minnesota Cities Insurance Trust • 145 University Avenue West St. Paul, MN 55103-2044 (651) 215-4173 League of Minnesota Cities Fax: (651) 281-1297 Cities promoting excellence Workers' Compensation and Employers' Liability IMPORTANT Report all workers' compensation • injuries to the office of: League of Minnesota Cities Insurance Trust 145 University Avenue West, St. Paul,MN 55103-2044 Phone (651)215-4173 Fax 888-234-7839 © In the Twin Cities 651-215-4185 For assistance on Fax First call 651-215-4169 If an employee is injured: (1) Assist in obtaining medical attention if necessary. (2) Notify the office listed above. **IMPORTANT** PLEASE READ YOUR AGREEMENT S LM 4660(12/2001) In consideration of the deposit of the premium with the League of Minnesota Cities Insurance Trust(herein LMCIT)and in reliance upon the statements in the Information Page,and subject to all terms of this agreement and the LMCIT trust document,LMCIT,acting on behalf of its members,pursuant to their obligations, all acting through Berkley Risk Administrators Company, LLC, which is the Administrator named in the Information Page made a part hereof,agrees with you,the City,named in the Information Page as follows: • GENERAL SECTION A. The Agreement independent contractors; or a relief association and its officers, employees and members. This agreement includes at its effective date the Information Page and all amendments and schedules listed there. It is an C. Workers' Compensation Law agreement of participation between you(the employer named in item 1 of the Information Page) and us (LMCIT). The only Workers' Compensation Law means the workers' compensation agreements relating to this plan are stated in this agreement and Iaw and occupational disease law of the States named in item 3.A the LMCIT Trust document. The terms of this agreement may of the Information Page. It includes any amendments to that law not be changed or waived except by amendment issued by us to which are in effect during the period of this agreement. It does be part of this agreement. not include the provisions of any law that provides non-occupational disability benefits. B. Who is Covered D. Locations You are covered if you are the "City" named in item 1 of the Information Page. "City" means the city or other governmental This agreement covers all of your workplaces listed in items 1 or body,political subdivision,board or department or entity named 5 of the Information Page;and it covers all other workplaces in in the Information Page. Unless specifically named in the any state unless you have other insurance for such workplaces. Information Page, "City" shall not include a gas, electrical or steam utilities commission; port authority, housing and E. Incidental Coverages redevelopment authority, or similar agency, board or commission; hospital or nursing home board or commission; 1. Part One of this agreement applies to work performed by you we or public relief agency; school board; or joint powers subject to the Longshoremen's and Harborworkers'Act. b 2. Part Two of this agreement applies to work performed by For purposes of Part Two-Employers' Liability Coverage and you subject to the Federal Employer's Liability Act. for purposes of damages sought against them under Section 176.82 of the Minnesota workers' compensation ensation law, the 3. Part Two of this Agreement applies to work performed by following are additional covered parties for actions performed you subject to the Jones Act or U.S.Maritime Law. within the scope of their duties: A member of the city council; a member of any board or commission of the city that is named This paragraph does not apply to bodily injury covered under any in the Information Page; an elected or appointed official of the other policy,agreement or plan issued to you. It does not apply city;an employee of the city; a volunteer person or organization even if the other policy, agreement or plan does not apply while acting on behalf of the city;any other authorized person or because of an other insurance clause,deductible or limitation of agent of the city while acting on behalf of the city,but excluding liability clause,or any similar clause. PART ONE -WORKERS' COMPENSATION COVERAGE A. How This Coverage Applies 2. Bodily injury by disease must be caused or aggravated by the conditions of your employment. The employee's last day of This workers' compensation coverage applies to bodily injury or last exposure to the conditions causing or aggravating such death by accident or by disease, provided the following bodily injury by disease must occur during the period of this conditions are met: agreement. 1. Bodily injury by accident must occur during the period of B. We Will Pay this agreement. • We will pay promptly from the assets of LMCIT,when due,the benefits required of you by the workers' compensation law. LM 4660(12/2001) Page 1 of 8 C. We Will Defend 4. You fail to comply with the reporting requirements of the Workers' Compensation Law, causing late payment of We have the right and duty to defend, at LMCIT expense, any benefits to your employee and resulting in assessment of claim,proceeding or suit against you and any other covered party penalties. for benefits payable under this agreement. We have the right to investigate and settle these claims,proceedings or suits. If we make any payments in excess of the benefits reg rly We have no duty to defend a claim,proceeding or suit that is not provided by the workers' compensation law on your behalf,you covered by this agreement. will reimburse us promptly. D. We Will Also Pay G. Recovery From Others We will also pay from the assets of LMCIT these costs, in We have your rights, and the rights of persons entitled to the e PY � Y g � g P addition to other amounts payable under this agreement as part benefits of this agreement,to recover our payments from anyone of any claim,proceeding or suit we defend: liable for the injury. You will do everything necessary to protect those rights for us and to help us enforce them. 1. Reasonable expenses incurred at our request,but not loss of earnings; H. Statutory Provisions 2. Premiums for bonds to release attachments and for appeal These statements apply where they are required by law. bonds in bond amounts up to the amounts payable under this agreement; 1. As between an injured worker and us,we have notice of the injury when you have notice. 3. Litigation costs taxed to you; 2. Your default or your bankruptcy or insolvency will not 4. Interest on a judgment as required by law until we offer the relieve us of our duties under this agreement after an injury amount due under this agreement; and Occurs. 5. Expenses we incur. 3. We are directly and primarily liable to any person entitled to benefits payable under this agreement. Those persons may E. Other Insurance enforce our duties; so may an agency authorized b Enforcement may be against us or against you and u . We will not pay more than our share of benefits and costs covered by this agreement and another insurance policy or 4. Jurisdiction over you is jurisdiction over us for purposes of self-insurance plan. Subject to any limits of liability that may the workers'compensation law. We are bound by decisions apply, all shares will be equal until the loss is paid. If any against you under the law, subject to the provisions of this insurance policy or self-insurance plan is exhausted,the shares agreement that are not in conflict with that law. of all remaining insurance policies or self-insurance plans will be equal until the loss is paid. 5. This coverage conforms to the parts of the workers' compensation law that apply to: F. Payments You Must Make a. Benefits payable by this agreement; or You are responsible for any payments in excess of the benefits regularly provided by the workers' compensation law including b. Special taxes, payments into security or other special those required because: funds, and assessments payable by us under that law. 1. Of your serious and willful misconduct; 6. Terms of this agreement that conflict with the workers' compensation law are changed by this statement to conform 2. You knowingly employ an employee in violation of law; to that law. 3. You fail to comply with a health or safety law or regulation; Nothing in these paragraphs relieves you of your duties under or this agreement. • LM 4660 (12/2001) Page 2 of 8 r: , , PART TWO - EMPLOYERS' LIABILITY COVERAGE A. How This Coverage Applies C. Exclusions TOmployers' liability coverage applies to bodily injury or This agreement does not cover: death by accident or by disease, provided the following conditions are met: 1. Liability assumed under a contract,except that this exclusion does not apply to a warranty that your work will be done in 1. The bodily injury must arise out of and in the course of the a workmanlike manner; injured employee's employment by you. 2. Punitive or exemplary damages because of bodily injury to 2. The employment must be necessary or incidental to your an employee employed in violation of law; work. 3. 'Bodily injury to an employee while employed in violation of 3. Bodily injury by accident must occur during the period of law with your actual knowledge or the actual knowledge of this agreement. any of your executive officers; 4. Bodily injury by disease must be caused or aggravated by the 4. Any obligation imposed by a workers' compensation, conditions of your employment. The employee's last day of occupational disease, unemployment compensation, or exposure to the conditions causing or aggravating such disability benefits law,or any similar law; bodily injury by disease must occur during the period of this agreement. 5. Bodily injury intentionally caused or aggravated by you; 5. If you are sued,the original suit and any related legal actions 6. Bodily injury occurring outside the United States of for damages for bodily injury by accident or by disease must America, its territories or possessions, and Canada, except be brought in the United States of America, its territories or that this exclusion does not apply to bodily injury to a citizen possessions,or Canada. or resident of the United States of America or Canada who is temporarily outside these countries;or B..Will Pay 7. Damages arising out of the discharge of, coercion of, or We will pay from the assets of LMCIT all sums you legally must discrimination against any employee in violation of law. pay as damages because of bodily injury to your employees, provided the bodily injury is covered by this Employers' D. We Will Defend Liability coverage. We have the right and duty to defend, at LMCIT expense, any The damages we will pay, where recovery is permitted by law, claim,proceeding or suit against you for damages payable under include damages: this agreement. We have the right to investigate and settle these claims, proceedings and suits. We have no duty to defend a 1. For which you are liable to a third party by reason of a claim claim,proceeding or suit that is not covered by this agreement. or suit against you by that third party to recover the damages We have no duty to defend or continue defending after we have claimed against such third party as a result of injury to your paid our applicable limit of liability under this agreement. employee; E. We Will Also Pay 2. For care and loss of services; We will also pay these costs, in addition to other amounts 3. For consequential bodily injury to a spouse, child, parent, payable under this agreement as part of any claim, proceeding, brother or sister of the injured employee; provided those or suit we defend: damages are the direct consequences of bodily injury that arises out of and in course of the injured employee's 1. Reasonable expenses incurred at our request;but not loss of employment by you; and earnings; 4. Because of bodily injury to your employee that arises out of 2. Premiums for bonds to release attachments and for appeal and in the course of employment, claimed against you in a bonds in bond amounts up to the limit of our liability under diacity other than as an employer. this agreement; LM 4660(12/2001) Page 3 of 8 1 3. Litigation costs taxed against you; injury by accident or disease to one or more employees in any one accident,regardless of the number of claimants. 4. Interest on a judgment as required by law until we offer the amount due under this agreement;and 2. Bodily Injury by Disease - Agreement Limit. The limit shown for"Bodily Injury by Disease-Agreement Limit" is 5. Expenses we incur. the most we will pay for all damages covered is agreement and arising out of bodily injury by sustain •.a ily F. Other Insurance injury by disease,and regardless of the number of claimants. Bodily injury by disease does not include disease that results If any claim against you is also covered by another insurance directly from a bodily injury by accident. policy or self-insurance plan, we will pay only for our proportionate share of the loss. Our proportionate share will be 3. We will not pay any claims for damages after we have paid determined by applying the ratio that the limit of liability the applicable limit of our liability under this agreement. provided by this agreement bears to the total of all limits of liability provided by all policies or plans in effect to the total H. Recovery From Others amount payable for the loss. The limits of liability and amount payable under this agreement and any other policy or plan shall We have your rights to recover our payment from anyone liable be calculated as if each plan or policy were the only one for any injury covered by this agreement. You will do applicable.The limits of liability and amount payable under any everything necessary to protect those rights for us and to help us other policy or self-insurance plan in effect shall be included in enforce them. the calculation,regardless of whether it is described as primary, excess,contributory,contingent,or otherwise,unless that policy I. Actions Against Us or plan is specifically described as providing coverage in excess of the limits of this agreement. There will be no right of action against us under this agreement unless: G. Limits of Liability 1. You have complied with all the terms of this agreement;and Our liability to pay for damages is limited. Our limits of liability are shown in item 3.B. of the Information Page. They apply as 2. The amount you owe has been determined with our consent explained below: or by actual trial and final judgment. 1. Bodily Injury - Each Occurrence. The limit shown for This agreement does not give anyone the right to add > a "Bodily Injury-Each Occurrence" is the most we will pay defendant in an action against you to determine your liability. for all damages covered by this agreement because of bodily PART THREE -INFECTIOUS DISEASE DIAGNOSTIC TESTING A. We Will Pay 1. Exposure Incident means a specific eye, mouth, or other Subject to the conditions listed below, LMCIT agrees to pay mucous membrane,non-intact skin or parenteral contact with from its assets the usual and customary costs and expenses for blood or other potentially infectious materials that result from the performance of an employee's duties. 1. Diagnostic testing of your employees who have had an Exposure Incident that could result in an Infectious Disease; 2. Infectious Disease means any form of viral or infectious and hepatitis, human immunodeficiency virus (HIV), acquired immunodeficiency syndrome(AIDS),tuberculosis(TB),or 2. Diagnostic testing of the person or persons who were the Bacillus anthracis(anthrax). source of the blood or other potentially infectious materials when an employee has had an Exposure Incident. C. Limits and Conditions B. Definitions LMCIT's responsibility to pay costs and expenses for diagnostic testing is limited and conditioned as follows: For purposes of this Coverage Part, the following definitions apply: 1. The Exposure Incident must occur during the term of this agreement. • LM 4660 (12/2001) Page 4 of 8 r . 2. The most LMCIT will pay for diagnostic testing associated 4. In accordance with the provisions of Minn. Stat. Sec. with an Exposure Incident to any one employee is$2,500. 176.221 subd. 1, payment for diagnostic testing as described in this agreement is not an admission that an employee's 3. An Exposure Incident does not alone constitute a Personal contraction of an Infectious Disease constitutes a Injury as that term is defined under Minnesota Workers' compensable Occupational Disease under Minnesota lik mpensation law. Accordingly, absent actual contraction Workers' Compensation law; and it does not constitute a an Infectious Disease, payment for diagnostic testing waiver of the city's or LMCIT's right to contest the issue of subsequent to an Exposure Incident is not required under whether an employee's contraction of an Infectious Disease Minnesota Workers' Compensation Law. Rather,payment constitutes a compensable Occupational Disease under for diagnostic testing as described in this endorsement is Minnesota Workers'Compensation law. made independent of the city's obligations, if any, under Minnesota Workers' Compensation Law and is intended to 5. LMCIT reserves the right to discontinue payment of costs meet the city's obligation under Federal OSHA law to and expenses for diagnostic testing if in its opinion further provide at no cost to the employee,medical evaluations and diagnostic testing is no longer medically appropriate under treatment after an Exposure Incident. the particular circumstances of the Exposure Incident. PART FOUR- PEACE OFFICERS' POSTTRAUMATIC STRESS SYNDROME BENEFIT A. Intent and Purpose E. Conditions and Limitations The purpose of Part Four is to assist the city in providing the LMCIT will not pay or reimburse any benefits which have been benefits required by law for peace officers suffering from paid or reimbursed by any of the following: posttraumatic stress syndrome as a result of lawful use of force resulting in taking of life or great bodily harm. The benefits 1. Workers compensation; provided by Part Four are intended to supplement,rather than to replace,benefits provided by any other source. 2. The city's employee health benefit plan; B.WWill Pay 3. Any disability insurance policy; or Subject to the conditions and limitations listed below, LMCIT 4. PERA or any other retirement plan. will reimburse the city for any benefits which the city is required to provide to a peace officer pursuant to Minnesota Statutes LMCIT will not reimburse any health benefit plan or carrier or Section 299A.411. any disability insurance carrier for any benefits provided by that plan or carrier. PART FIVE -YOUR DUTIES IF INJURY OCCURS Tell us at once if injury occurs that may be covered by this 4. Cooperate with us and assist us, as we may request, in the agreement. Your other duties are listed here: • investigation,settlement or defense of any claim,proceeding or suit. 1. Provide for immediate medical and other services required by the workers' compensation law. 5. Do nothing after an injury occurs that would interfere with our right to recover from others. 2. Give us or our agent the names and addresses of the injured persons and of witnesses, and other information we may 6. Do not voluntarily make payments, assume obligations or need. incur expenses, except at your own cost. This particular duty does not apply to Part 4—Peace Officers' Posttraumatic 3. Promptly give us all notices, demands, and legal papers Stress Syndrome Benefits. fired to the injury, claim,proceeding or suit. LM 4660 (12/2001) Page 5 of 8 1 PART SIX-PREMIUM A. Our Manuals than the highest minimum premium for the classific ions covered by this agreement. If this agreement is cancele al All premiums for this agreement will be determined by our premium will be determined in the following way unles our manuals of rules,rates,rating plans and classifications. We may manuals provide otherwise. change our manuals and apply the changes to this agreement. 1. If we cancel,final premium will be calculated pro rata based B. Classifications on the time this agreement was in force. Final premium will not be less than the pro rata share of the minimum premium. Item 5 of the Information Page shows the rate and premium basis for certain business or work classifications. These classifications 2. If you cancel, final premium will be more than pro rata. It were assigned based on an estimate of the exposures you would will be based on the time this agreement was in force, and have during the period of this agreement. If your actual increased by our short rate cancellation table and procedure. exposures are not properly described by those classifications,we Final premium will not be less than the minimum premium. will assign proper classifications, rates and premium basis by amendment to this agreement. F. Records C. Remuneration You will keep records of information needed to compute premium. You will provide us with copies of those records when Premium for each work classification is determined by we ask for them. multiplying a rate times a premium basis. Remuneration is the most common premium basis. This premium basis includes G. Audits and adjustments payroll and all other remuneration paid or payable during the period of this agreement for the services of: You will let us examine and audit all your records that relate to this agreement. These records include ledgers, journals, 1. All your officers and employees engaged in work covered by registers, vouchers, contracts, tax reports, payroll and this agreement; and disbursement records, and programs for storing and retrieving data. We may conduct the audits during regular busines rs 2. All other persons engaged in work that could make us liable during the period of this agreement and within three year er under Part One(Workers' Compensation Coverage)of this this agreement ends. Information developed by audit will be agreement. If you do not have payroll records for these used to determine final premium. Except for premium persons, the contract price for their services and materials adjustments pursuant to a retro-rating plan, no premium may be used as the premium basis. This paragraph 2 will not adjustments will be made for any coverage period after one year apply if you give us proof that the employers of these following completion of the audit for that coverage period. persons have lawfully secured their workers' compensation obligations. D. Premium Payments You will pay all premium when due. You will pay the premium even if part or all of a workers' compensation law is not valid. E. Final Premium The premium shown on the Information Page, schedules, and amendments is an estimate. The final premium will be determined after this agreement ends by using the actual,not the estimated,premium basis and the proper classifications and rates that lawfully apply to the business and work covered by this agreement. If the final premium is more than the premium you paid to us, you must pay us the balance. If it is less, we will refund the balance to you. The final premium will not be less LM 4660(12/2001) • Page 6 of 8 PART SEVEN—CONDITIONS A. Duty to Indemnify D. Long Term Agreement O> ty to pay on behalf of or to indemnify a covered party oth an the"city"shall not apply to any act,error or omission: If the period of this agreement is longer than one year and sixteen days,all provisions of this agreement will apply as though a new 1. Which constitutes malfeasance in office; or agreement were issued on each annual anniversary that this agreement is in force. 2. Which constitutes willful neglect or duty; or E. Transfer of Your Rights and Duties 3. Which constitutes bad faith; or Your rights or duties under this agreement may not be transferred 4. For which the "city" is not authorized to indemnify any without our written consent. person by statute;or F. Cancellation 5. Which constitutes dishonesty on the part of a covered party; or 1. You may cancel this agreement. You must mail or deliver advance written notice to us stating when the cancellation is 6. Which constitutes the willful violation of a statute or to take effect. ordinance by any official, employee or agent of the "city". 2. We may cancel this agreement. We must mail or deliver to The terms "malfeasance", "willful neglect of duty", and "bad you written notice of cancellation at least: faith"shall be given the same meaning in this agreement as given in the applicable statute with respect to the"city's"duty to defend a. thirty days before the effective date of cancellation if or indemnify its officials,employees or agents. LMCIT cancels for nonpayment of premiums;or B. No Waiver of Statutory Liability Limitations or b. sixty days before the effective date of cancellation if Immunities. LMCIT cancels for any other reason. 1. is the express intent of the city and of LMCIT that the Mailing the notice to you at your mailing address shown in procurement of this agreement shall not waive any monetary item 1 of the Information Page will be sufficient to prove limits of liability provided by Minnesota Statute 466.04, by notice. any comparable or successor statute, or by common law, which may be applicable to the "City" or to any other 3. The period of this agreement will end on the day and hour covered party;and that any previous waiver of liability limits stated in the cancellation notice. is revoked to the extent that it may apply to claims covered under this agreement. 4. Any of these provisions that conflicts with a law that controls the cancellation of the coverage in this agreement is changed 2. It is the express intent of the"City" and of LMCIT that the by this statement to comply with that law. procurement of this agreement shall not waive any other immunities,limitations,or defenses imposed by or available G. Accessibility under any statute or common law which is applicable to the "City" or to any other covered party. All "cities" that participate in this program are jointly and severally liable for all claims and expenses of the program. The C. Inspection amount of any liabilities in excess of assets may be assessed to the participants when a deficiency is identified. We have the right,but are not obliged to inspect your workplaces at any time. Our inspections are not safety inspections. They H. Sole Representative relate only to coverage and the premiums to be charged. We may also recommend changes. While they may help reduce losses, The City first named in item 1 of the Information Page will act on g Y Y p � tY we do not undertake to perform the duty of any person to provide behalf of all covered entities to change this agreement,received for the health or safety of your employees or the public. We do return premium,and give or receive notice of cancellation. not warrant that your workplaces are safe or healthful or that they cor with laws, regulations, codes or standards. LM 4660 (12/2001) Page 7 of 8 IN WITNESS WHEREOF,the City agrees to look solely to the League of Minnesota Cities Insurance Trust for reimbursement of all losses, costs and expenses arising under this agreement;and further agrees that in no event shall claim be made or asserted against the revenues or property,real or personal,of the League of Minnesota Cities. Acceptance of this agreement by the City constitutes acceptance of all terms hereof. League of Minnesota Cities Insurance Trust 7-) . By: �-�'! f Peter Tritz,Its Authorized Representative 411 S LM 4660 (12/2001) Page 8 of 8 • LMC League of Minnesota Cities Cities promoting excellence League of Minnesota Cities 145 University Avenue West St. Paul, MN 55103-2044 (651)281-1200 Comprehensive Municipal 111 Property and Casualty Coverage Administered By: Berkley Risk Administrators Company,LLC 145 University Avenue West St.Paul,MN 55103-2044 (651)281-1200 • **IMPORTANT** PLEASE READ YOUR AGREEMENT Covenant Number: COMMON COVERAGE DECLARATIONS CMC 22977 Coverage is Provided by: THE LEAGUE OF MINNESOTA CITIES Previous Covenant Number: INSURANCE TRUST LMC 1MC 21925 (Herein called LMCIT) League of Minneeota Cities 0* CITY and MAILING ADDRESS: cite,promoting excellence OAK PARK HEIGHTS, CITY OF 14168 OAK PARK BLVD P.O. BOX 2007 STILLWATER MN 55082 Item 2. COVERAGE PERIOD: ONE YEAR From: 07/07/02 To: 07/07/03 12:01 AM Standard Time at Mailing Address on Common Coverage Declarations Item 3. THE COVERED PARTY IS: CITY Item 4. COVERAGE PARTS: IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS COVENANT,LMCIT AGREES TO PROVIDE THE COVERED PARTY WITH COVERAGES SHOWN BELOW FOR WHICH A PREMIUM CHARGE IS STATED: PROPERTY, CRIME AND BOND Premium Property $ 13,50 3 Additional Covered Loss or Damages INCLUDED Water and Supplemental Flood Coverage INCLUDED • Crime INCLUDED Bond-Employee Dishonesty NOT COVERED Bond- Faithful Performance NOT COVERED EQUIPMENT BREAKDOWN NOT COVERED MUNICIPAL LIABILITY $ 30,107 Medical Payments INCLUDED AUTOMOBILE LIABILITY $ 3, 387 -,` l AUTOMOBILE PHYSICAL DAMAGE $ 1,968 N31 TOTAL $ 48,965 Item 5. GENERAL ANNUAL AGGREGATE DEDUCTIBLE: DOES NOT APPLY Item 6. PREMIUM IS DUE AND PAYABLE: ANNUAL - IN ADVANCE Item 7. FORMS APPLICABLE TO ALL COVERAGE PARTS: CCM(11-01) DEC-011(11-01) DEC-012(11-01) DEC-013(11-99) DEC-016(11-00) 0 , „ y Executive birector,LMCIT LMCIT DEC-011(11/86)(Rev.11/01) Administered by:Berkley Risk Administrators Company,LLC 1 1 t League of Minnesota Cities Insurance Trust Group Self-Insured Workers' Compensation Plan 145 University Avenue West 0 St. Paul, MN 55103-2044 MAY 2 2 2002 RENEWAL DATA The"City": CITY OF OAK PARK HEIGHTS Agreement No: 02-729 Quote to: PO BOX 2007 Quote Due On: 5/31/02 OAK PARK HGTS MN 55082-3007 Agreement Expires: 7/1/02 Your coverage under the LMCIT Self-Insured Workers'Compensation program will expire soon. This Renewal Data sheet will be used to generate a premium quote for the different workers' compensation plans available. A copy of the City's previous year's selected coverages and premiums is attached for your reference. Coverage Options All of the options available to the City are outlined below,and described in the accompanying memo, Things to Think About when Renewing Your City's Workers'Compensation Coverage. You can select any coverage options in which the City may be interested. Premium quotes for all coverage options will be provided,and a final coverage decision can be made at the time you receive the complete quote. Elected Officials: Please indicate if the City would be interested in covering elected officials. Yes X No If yes,please list the estimated annual payroll for all elected officials the City would like to cover under workers'compensation. The 7 02 premium rate for mayors and council members is$.37 per$100 of payroll. This rate is applied to the greater of either the ctal's actual salary or an imputed salary of$70 per week. Note: Coverage for elected officials requires a resolution passed by e City Council. Payroll Description Code Amount Elected Officials 9411 $ 2600'0 .00 Members of Separate Administrative Boards:Please indicate if the City would be interested in covering members of separate administrative boards. Yes No X If yes,please select any separate administrative boards the City would like to cover under workers' compensation. (This coverage includes Board Members only.) 1. Utility or utility commission 5. Welfare or public relief agency 2. Port authority 6. School board 3. Housing and redevelopment authority 7. Joint powers board 4. Hospital or nursing home board or commission 8. Other Employees of Separate Administrative Boards: If the City has elected to cover specific Board Members above, the City can also choose to cover employees of those boards. Please indicate which type of quote the City would like: No quote for administrative board employees. Combined quote to include employees of both the administrative board and the City. Separate quote for employees of the City and each administrative board selected above. Volunteers:Please indicate if the City would be interested in covering City volunteers not designated as employees. (This 4I .verage does not include volunteer firefighters,ambulance attendants,first responders,law enforcement assistance volunteers,civil ense volunteers,or any other volunteers defined by statute as employees for purposes of work comp coverage.) es No X (OVER) City Employees: Please indicate the estimated payroll for City employees for the coming policy year. The payroll descriptions and codes provided are the most commonly used. If you need to add additional payroll descriptions,please use the blank spaces and the codes on the attached list. Ok,holiday,and vacation pay should be included in the payroll totals. Do not reduce payrolls for sick,holiday,and vacation pay. Does your City have a flexible benefits plan such as a cafeteria plan,Section 125 plan,or flexible reimbursement account plan? Yes No X Employee contributions to a flexible benefits plan should be included in the payroll figures you provide. City contributions should not be included. (This is similar to how these plans are treated under PERA.) Payroll Description Code Amount Payroll Description Code Amount Ambulance Services(Not 6485 7 Volunteer) 7380 $ Sewage Plant -7580 $ Ambulance Services(Volunteer) 7381 $ Off Sale Liquor Store 8017 $ - - - Building Operations 9015 $ Street and Road Construction '5506 $ Trtnr- City Shop and Yard 8227 $ Waterworks —7520 $ 108095 Clerical Office '8810 $ 341257 Other: $ Electric and Steam Power 7539 $ Other: $ Firefighters(Not Volunteer) 7706 $ Other: $ Firefighters(Volunteer) 7708 Pop.Served: Other: $ Municipal Employees -9410 $ 174938 Other: $ Parks '9102 $ 22288 Other: $ Police "7720 $ 639669 Other: $ Restaurant and Bars(on sale) 9084 $ Other: $ Premium Options lease select the premium options below in which the City is most interested. All of the premium options selected will be quoted to City;however,only one premium option can be ultimately assigned for the coming plan year. Regular Premium Option:Please indicate if the City would be interested in the regular premium option. Yes X No Deductible Options:Please indicate the deductible level and associated premium discount the City would like to consider. Deductible Premium Credit $250 3% $500 4.5% $1,000 6% $2,500 10% $5,000 13.5% $10,000 18% Retrospective Rating:Please indicate if the City would be interested in retrospective rating(if applicable). Yes_ _ No X Managed Care Option:Please indicate if the City participates in a state-certified managed care organization(MCO)for workers' compensation benefits,and if so,the name of that organization. Yes No X _ MCO: Contact Information:Please provide us with a contact for questions about the City's workers' compensation coverage. City Contact person Gary D. Brunckhorst Phone 651-439-443p9,,,ai1 gbrunckhorst@ Cl y• S . . -s. con Please fax this completed form to the League of Minnesota Cities Insurance Trust at 651-281-1297. ou have any questions,please contact Barb Meyer,Policy Services Technician,by phone at 651-215-4173 or 800-925-1122,or via email at bmeyer2 @lmnc.org. I, 'k ll+ f' ' 4 c Previous Year 02' 03' Holiday Overtime 02'+03' earings • Council David Beaudet 3,000 3,000 $ 6,000 $ 6,000 Lynae Byrne 2,500 2,500 $ 5,000 $ 5,000 Jack Doer 2,500 2,500 $ 5,000 $ 5,000 M cComber 2,500 2,500 $ 5,000 $ 5,000 Mwenson 2,500 2,500 $ 5,000 $ 5,000 Total $ 26,000/$ 26,000 9411 Part Time Parks Mark Robertson 15,200 15,694 $ 30,895 Raymond Nelson 1,015 - $ 1,015 John Sortedahl 1,699 1,754 $ 3,453 Brett Bernhjelm 968 999 $ 1,967 Christopher Oswald 1,266 1,307 $ 2,573 Nina Kellogg 957 989 $ 1,946 John McKyver 758 782 $ 1,540 Total $ 43,388✓ 9102 Part Time Office Roshelle Noeker 6,534 6,746 $ 13,280 Scott Johnson 5,567 5,747 $ 11,314 Total $ 24,594 8810 Police Stanley Buckley 28,560 29,488 2,836 1,585 $ 62,470 $ 59,752 1.05 Michael Hausken 32,383 33,436 3,160 2,024 $ 71,003 $ 67,919 1.05 Lindy Swanson 39,012 41,743 1,396 $ 82,151 $ 73,974 1.11 Kenneth Anderson 29,437 30,393 2,875 911 $ 63,616 $ 59,748 1.06 Paul Hoppe 32,383 33,436 2,994 1,795 $ 70,607 $ 67,428 1.05 Fred Kropidlowski 28,560 29,488 2,739 2,231 $ 63,017 $ 59,282 1.06 Bria DeRosier 28,338 29,259 2,978 226 $ 60,800 $ 58,099 1.05 Jo Croft 28,297 29,216 2,659 1,656 $ 61,828 $ 58,120 1.06 Da isch 28,297 29,216 2,249 853 $ 60,616 $ 56,233 1.08 Sandra Kruse-Roslin 21,102 22,210 247 $ 43,560 $ 41,054 1.06 Total $639,669 ✓ 7720 Office Staff Gary Brunckhorst 23,918 24,696 $ 48,614 $ 42,891 1.13 Judy Holst 36,913 38,113 1,341 $ 76,366 $ 72,846 1.05 Julie Hultman 21,498 22,196 838 $ 44,532 $ 41,711 1.07 Kristin Danielson 36,576 37,765 1,363 $ 75,704 $ 42,215 1.79 Kimberly Kamper 37,583 38,805 314 $ 76,702 $ 59,202 1.30 Julie Johnson 19,919 20,566 371 $ 40,857 $ 35,757 1.14 Lisa Taube 21,300 21,992 $ 43,292 $ 40,679 1.06 Total $406,067 8810 Building Insp. Jimmy Butler 30,605 31,599 1,710 $ 63,914 $ 65,838 0.97 9015 Breakdown Public Works Jeff Kellogg 23,918 24,696 10,014 $ 58,628 $ 56,342 1.04 5506 10,810 Jay Johnson 36,913 38,113 1,375 $ 76,401 $ 72,880 1.05 7520 108,095- RollandStaberg 21,102 21,788 6,361 $ 49,252 $ 46,472 1.06 7580 64,857- 7720 639,669 Total $184,281 ✓ 8810 341,257 Public Works Breakdown 9102 22,288 5506 5% 9410 174,938 7520 50% 9411 26,000 0 7580 30% 9102 5% 1,387,913 6/20/2002 9410 10% 1 e:\spreadsheets\workers comp COMMON CONDITIONS ALL COVERAGE PARTS INCLUDED IN THIS COVENANT • ARE SUBJECT TO THE FOLLOWING CONDITIONS: 1. CANCELLATION AND NON-RENEWAL The city shown in the Declarations is authorized to make changes in the terms of this coverage agreement a. The city shown in the Declarations may cancel with the consent of LMCIT. The coverage terms can this covenant by mailing or delivering to LMCIT be amended or waived only by endorsement issued by advance written notice of cancellation. LMCIT and made a part of this covenant or by - acknowledgment by LMCIT that an endorsement will b. LMCIT may cancel this covenant by mailing or be issued at a later date. delivering to the city shown in the Declarations written notice of cancellation at least: 3. RATING AUTHORITY AND EXAMINATION OF THE CITY'S BOOKS (1) 10 days before the effective date of the AND RECORDS cancellation if LMCIT cancels for nonpayment of premium; or LMCIT shall have full discretionary authority to promulgate rates and establish the premium to be (2) 30 days before the effective date of the charged for the coverage period under this covenant. cancellation if LMCIT cancels for any other LMCIT may, at its discretion or at the city's request, reason. examine and audit the city's books as they relate to this covenant during the coverage period and up to c. LMCIT will mail or deliver its notice to the city one year thereafter and, accordingly, make any shown in the Declarations last mailing address necessary adjustments in premium. No premium known to LMCIT. adjustments will be made after one year following the expiration of the coverage period. Notice of cancellation will state the effective date of cancellation. The coverage period will end on 4. INSPECTIONS AND SURVEYS that date. LMCIT has the right, but it is not obligated to: e. If this covenant is canceled,LMCIT will send the city shown in the Declarations any premium a. Make inspections and surveys at any time. refund due. If LM CIT cancels, the refund will be pro-rata. If the city cancels, the refund may be b. Give the city reports on the conditions it finds; less than pro-rata. The cancellation will be and effective even if LMCIT has not made or offered a refund. c. Recommend changes. f. If LMCIT decides not to renew this covenant, Neither LMCIT's right to make inspections nor its LMCIT will mail or deliver to the city shown in making any report thereon shall constitute any the Declarations written notice of the non-renewal undertaking on behalf of or for the benefit of the city not less than 30 days before the expiration date. or others to determine or warrant that such property or operations are safe or healthful or free from hazard g. If notice is mailed, proof of mailing will be or are in compliance with any law, rule or regulation. sufficient proof of notice. 2. CHANGES These conditions apply not only to LMCIT,but also to any rating advisory, rate service, or similar organization which makes inspections, surveys, is covenant contains all the agreements between reports, or recommendations. MCIT and the city concerning the coverage afforded. LMCIT CCM(11-89)(Rev. 11-01) Page 1 of 2 PREMIUMS 11. OTHER COVERAGE The city shown in the Declarations: a. Except as provided in paragraph b., this coverage' is excess over the following: a. Is responsible for the payment of all premiums; and (1) Any liability insurance policy of another party on which the covered party is an additional b. Will be the payee for any return premiums. insured or additional named insured. 6. TRANSFER OF THE CITY'S RIGHTS (2) Any other valid and collectible insurance AND DUTIES UNDER THIS COVENANT policy or other coverage, whether such other policy or coverage is primary,excess,contingent, The city's rights and duties under this covenant may or any other basis, unless that policy or coverage not be transferred without the written consent of is specifically written to be excess over this LMCIT. covenant. 7. OVERLAP OF COVERAGE b. This coverage is primary for any of the following losses: In the event of a dispute between LMCIT and one or more insurers as to which policy or coverage (1) A covered loss of business personal effects, agreement applies to a covered loss, LMCIT shall with respect to any coverage provided under the indemnify the city for any legal or other expenses employee's homeowners' insurance or similar which are necessarily incurred by the city in coverage. determining whether LMCIT or the insurer(s) shall bear the loss. Such indemnification shall be made (2) A covered loss of contents or mobile property only if it is determined that payment of the loss shall in the city's care, custody and control that is used be made under this covenant. If the loss is shared by to maintain the operations of the city,with respect LMCIT and one or more insurers, indemnification to coverage provided under an insurance policy shall be made in the same proportion as the loss of the owner covering that property. payment. The city and LMCIT shall cooperate in the development and execution of reasonable procedures (3) A covered Ioss resulting from the city's to resolve the dispute. maintenance or use, including loading or unloading, of any owned automobile that is not a 8. ASSESSIBILITY trailer. II' All cities in the joint coverage pool are jointly and (4) A covered loss resulting from the city's severally liable for all claims and expenses of the maintenance or use, including loading or pool. The amount of any liabilities in excess of assets unloading, of any trailer the city does not own but may be assessed to the members of the pool when a which is connected to an owned automobile. deficiency is identified. (5) Any covered liability claim against a party 9. NUCLEAR HAZARD who has been added by endorsement as an additional covered party under this covenant, LMCIT, under this covenant, does not cover any loss unless that endorsement specifically provides that or claim for damage that is caused in part or in total this covenant is excess. by nuclear reaction or radiation, or radioactive contamination, however caused. (6) A covered loss to a covered automobile as provided by the Municipal Automobile Physical 10. CONCEALMENT OR FRAUD Damage Coverage. This covenant is void if the city has intentionally (7) A covered loss to a builders risk property as • concealed or misrepresented any material fact or provided by Buildings in the Course of Construction, Alteration or Repair Coverage. circumstance relating to this covenant. LMCIT CCM(11-89)(Rev. 11-01) Page 2 of 2 Covenant #: MUNICIPAL,PROPERTY,CRIME,BOND and CMC 22977 EQUIPMENT BREAKDOWN DECLARATIONS Coverage is provided by: �THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST (Herein called LM CIT) Item 1. CITY: OAK PARK HEIGHTS, CITY OF Item 2. COVERAGE PERIOD: ONE YEAR From: 07/07/02 To: 07/07/03 12:01 A.M. Standard Time at Mailing Address indicated on Common Coverage Declarations Item 3. THE COVERED PARTY IS: CITY Item 4. COVERAGE: IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS COVENANT, LMCIT AGREES TO PROVIDE THE COVERED PARTY WITH COVERAGES SHOWN BELOW FOR WHICH A LIMIT IS STATED: Item 5. COVERAGE PART ONE - PROPERTY Section I - Property Blanket Limit of Coverage Per Occurrence $ 6,993,618 This blanket limit is subject to the sublimits as described in Section VI, Limits of Coverage and Valuation Terrorism Activity Blanket Annual Aggregate Limit $ 25,000,000 Section II- Additional Covered Loss or Damages 1 . Asbestos Clean up,Abatement and Removal $ 250,000 Per Location 2. Loss of Revenue,Extra Expense and Expediting Expense $5,000,000 Per Location 3. Debris Removal(Direct Physical Damage to Covered Property) $1 ,000,000 Per Occurrence (No Direct Physical Damage to Covered Property) $ 50,000 Per Occurrence 4. Leasehold Interest $ 500,000 Per Location 5. Pollutant Cleanup and Removal $ 10,000 Per Location 6. Errors $ 500,000 Per Occurrence 7. Rental Reimbursement $ 25,000 Annual Aggregate 8. Arson Reward $ 5,000 Per Fire Loss 9. Accounts Receivable $ 500,000 Per Location 10. Valuable Papers &Records $ 500,000 Per Location • 11. Year 2000 -Extra Expense $ 5,000 Per Occurrence/ 5,000 Annual Aggregate Section IV- Water and Supplemental Flood Coverage $ 500,000 Per Occurrence/ 500,000 Annual Aggregate LMCIT DEC-012(11-86)(Rev.11/O1) Page 1 of 3 LMC League of Minnesota Cities Cities promoting excellence ITEM 6. REFER TO SCHEDULE OF COVERED PROPERTY FOR THOSE LOCATIONS INCLUDED IN THE SECTION I COVERAGE; THE SCHEDULE OF COVERED MOBILE PROPERTY FOR THE MOBILE PROPERTY INCLUDED IN THE SECTION I COVERAGE AND THE SCHEDULE OF COVERED PROPERTY FOR THOSE LOCATIONS INCLUDED IN SECTION IV COVERAGE. ITEM 7. DEDUCTIBLE (Deductible applies per occurrence subject to General Annual Aggregate Deductible, if any, shown on Common Coverage Declarations): COVERAGE PART ONE—PROPERTY $ 500. Per Occurrence ITEM 8. COVERAGE PARTS, FORMS, SCHEDULES AND ENDORSEMENTS APPLICABLE TO THIS COVERAGE. ME063(11-01) ME079(11-01) MPCB(11-01) MPCB-110(11-01) PM-100(11-01) PM-109(11-97) • ITEM 9. MORTGAGE HOLDER (if applicable): ITEM 10. COVERAGE PART TWO-CRIME LIMIT OF COVERAGE PER OCCURRENCE $ 100,000, ITEM 11. DEDUCTIBLE (Deductible applies per occurrence subject to General Annual Aggregate Deductible, if any, shown on Common Coverage Declarations): COVERAGE PART TWO—CRIME $ 500. Per Occurrence ITEM 12. COVERAGE PARTS, FORMS, SCHEDULES AND ENDORSEMENTS APPLICABLE TO THIS COVERAGE. ME063(11-01) MPCB(11-01) S LMCIT DEC-012(11-86)(Rev.11-01) Page 2 of 3 l \ Ic League of Minnesota Cities • Cities promoting excellence Item 13. COVERAGE PART THREE - BOND Item 13A. BOND -EMPLOYEE DISHONESTY COVERAGE LIMIT OF COVERAGE PER OCCURRENCE: $ DEDUCTIBLE(Deductible applies per occurence subject to General Annual Aggregate Deductible, if any, shown on Common Coverage Declarations): DEDUCTIBLE- EMPLOYEE DISHONESTY COVERAGE $ PER OCCURRENCE Item 13B. BOND - FAITHFUL PERFORMANCE COVERAGE LIMIT OF COVERAGE PER OCCURRENCE: $ DEDUCTIBLE(Deductible applies per occurence subject to General Annual Aggregate Deductible, if any, shown on Common Coverage Declarations): DEDUCTIBLE- FAITHFUL PERFORMANCE COVERAGE$ PER OCCURRENCE Item 14. COVERAGE PARTS,FORMS,SCHEDULES AND ENDORSEMENTS APPLICABLE TO THIS COVERAGE. Item 15. EQUIPMENT BREAKDOWN COVERAGE EQUIPMENT BREAKDOWN LIMIT: $ DEDUCTIBLE: $ ANY ONE ACCIDENT Item 16. COVERAGE PARTS,FORMS,SCHEDULES AND ENDORSEMENTS APPLICABLE TO THIS COVERAGE. LMCIT DEC-012(11-86)(Rev.11/O1) Page 3 of 3 • Definition of City Endorsement • It is understood and agreed that city is amended to include: ECONOMIC DEVELOPMENT AUTHORITY on remain unchanged. other terms an d conditions d i s re a in u g ed. • S LMCIT Page 1 of 1 M E063(11/95)(Rev. 11/01) Terrorism Losses Annual Aggregate Limit Endorsement This Endorsement modifies coverage provided under the Municipal Property Coverage and the Municipal Automobile Physical Damage Coverage. LMCIT will not pay more than $25,000,000 for losses, costs or expenses arising out of or related to,either directly or indirectly, any terrorist activity during the annual coverage period,regardless of the number of occurrences. This limit is part of and not in addition to the blanket limit per occurrence. Terrorist activity means any of the following, regardless of any other cause or event that in any way contributes concurrently or in any sequence to the loss, cost or expense: 1. Any deliberate, unlawful act that: a. Is declared by any authorized governmental official to be or to involve terrorism, terrorist activity or acts of terrorism; or b. Includes, involves, or is associated with the use or threatened use of force, violence or harm against any person, tangible or intangible property, the environment, or any natural resources, where the act or threatened act is intended, in whole or in part, to: (1) Promote or further any political, ideological, philosophical, racial, ethnic, social • or religious cause or objective of the perpetrator or any organization, association or group affiliated with the perpetrator; or (2) Influence, disrupt or interfere with any government related operations, activities or policies; or (3) Intimidate, coerce or frighten the general public or any segment of the general public; or (4) Disrupt or interfere with a national economy or any segment of a national economy; or c. Includes, involves, or is associated with, in whole or in part, any of the following activities, or the threat thereof: (1) Hijacking or sabotage of any form of transportation or conveyance, including but not limited to spacecraft, satellite, aircraft, train, vessel,or motor vehicle; or (2) Hostage taking or kidnapping; or LMCIT ME079(11/01) Page 1 of 2 • (3) The use of any biological, chemical,radioactive, or nuclear agent, material, device or weapon; or (4) The use of any bomb, incendiary device, explosive or firearm; or (5) The interference with or disruption of basic public or commercial services and systems, including but not limited to the following services or systems: electricity, natural gas, power, postal, communications, telecommunications, information, public transportation, water, fuel, sewer or waste disposal; or (6) The injuring or assassination of any elected or appointed government official or any government employee; or (7) The seizure, blockage, interference with,disruption of, or damage to any government buildings, institutions, functions, events, tangible or intangible property or other assets; or (8) The seizure,blockage, interference with, disruption of, or damage to tunnels, roads, streets, highways, or other places of public transportation or conveyance. 2. Any of the activities listed in section 1, c. above shall be considered terrorist activity except where you can conclusively demonstrate to us that the foregoing activities or threats thereof were motivated solely by personal objectives of the perpetrator that are unrelated, in whole or in part, to any intention to: a. Promote or further any political, ideological, philosophical,racial, ethnic, social or religious cause or objective of the perpetrator or any organization, association or group affiliated with the perpetrator; or b. Influence, disrupt or interfere with any government related operations, activities or policies; or c. Intimidate, coerce or frighten the general public or any segment of the general public; or d. Disrupt or interfere with a national economy or any segment of a national economy. LMCIT ME079(11/01) Page 2 of 2 • • • LMC League of Minnesota Cities Cities promoting excellence MUNICIPAL PROPERTY, CRIME AND BOND • COVERAGE • LMCIT MPCB(11-99)(Rev. I 1-01) S — v1\7/1C League of Minnesota Cities Cities promoting excellence MUNICIPAL PROPERTY COVERAGE • PART ONE • LMCIT MPCB(11-99)(Rev. 11-01) MUNICIPAL PROPERTY, CRIME AND BOND COVERAGE WHAT IT IS AND WHERE YOU CAN FIND IT INDEX • PROPERTY COVERAGE - PART ONE League of Minnesota Cities Cities Promoting excellence PAGE SECTION I - PROPERTY COVERAGE 1-2 1. COVERAGE AGREEMENT 1 a. COVERED PROPERTY 1 b. PROPERTY NOT COVERED 1-2 SECTION II - ADDITIONAL COVERED LOSS OR DAMAGE 2-4 1. COVERAGE AGREEMENT 2 a. LOSS OF REVENUE, EXTRA EXPENSE AND EXPEDITING EXPENSE 2 b. DEBRIS REMOVAL 2 c. LEASEHOLD INTEREST 2-3 d. ACCOUNTS RECEIVABLE 3 e. VALUABLE PAPERS AND RECORDS 3 f. UTILITY SERVICES 3 2. COVERAGE AGREEMENT 3 a. ASBESTOS CLEANUP, ABATEMENT AND REMOVAL 3 b. POLLUTANT CLEANUP AND REMOVAL 3 c. ERRORS 3 d. RENTAL REIMBURSEMENT 3-4 e. ARSON REWARD 4 f. YEAR 2000 EXTRA EXPENSE 4 g. EXTRAORDINARY EXPENSE 4 SECTION III - CAUSES OF LOSS AND DAMAGES NOT COVERED 5-6 SECTION IV - WATER AND SUPPLEMENTAL FLOOD COVERAGE 6-7 SECTION V - BUILDINGS IN THE COURSE OF CONSTRUCTION, ALTERATION OR REPAIR COVERAGE 7-8 SECTION VI - LIMITS OF COVERAGE AND VALUATION 8-12 SECTION VII - DEFINITIONS 13-18 SECTION VIII - CONDITIONS 18-21 LMCIT MPCB(11-99)(Rev. 11-01) • MUNICIPAL PROPERTY, CRIME AND BOND COVERAGE WHAT IT IS AND WHERE YOU CAN FIND IT INDEX CRIME COVERAGE - PART TWO .League of Minnesota Cities Cities promoting excellence PAGE SECTION I - COVERAGE AGREEMENT 1 SECTION II - CAUSES OF LOSS AND DAMAGES NOT COVERED 1-2 SECTION III - LIMITS OF COVERAGE 2 6ECTION IV - DEFINITIONS 2-4 SECTION V - CONDITIONS 4-6 LMCIT MPCB(11-99)(Rev. 11-01) ii *MUNICIPAL PROPERTY, CRIME AND BOND COVERAGE WHAT IT IS AND WHERE YOU CAN FIND IT INDEX BOND COVERAGE - PART THREE LMC League of Minnesota Cities Cities promoting excellence PAGE SECTION I - COVERAGE AGREEMENT 1 SECTION II - CAUSES OF LOSS AND DAMAGES NOT COVERED 1 SECTION III - LIMITS OF COVERAGE 2 •ECTION IV - DEFINITIONS 2-3 SECTION V - CONDITIONS 3-6 • LMCIT MPCB(11-99)(Rev. 11-01) ui MUNICIPAL PROPERTY COVERAGE PART ONE Various provisions in this covenant restrict coverage. Words and phrases that appear in italics have special Read the entire covenant carefully to determine meaning, as given in SECTION VII - rights, duties and what is or is not covered. DEFINITIONS. SECTION I - PROPERTY COVERAGE 1. COVERAGE AGREEMENT (5) We will pay for loss to covered property that is temporarily at an unscheduled location that you We will pay for direct physical loss of or damage to do not own, lease or operate, as described in your covered property unless the cause of loss or SECTION VI - LIMITS OF COVERAGE AND damage is not covered,as described under SECTION VALUATION. III - CAUSES OF LOSS AND DAMAGES NOT COVERED. The amount we will pay for loss or. b. PROPERTY NOT COVERED damage is limited as described in SECTION VI - LIMITS OF COVERAGE AND VALUATION. We will not cover the following types of property: a. COVERED PROPERTY (1) Aircraft; (1) We will cover the following types of property: (2) Animals (except for police dogs); (a) Building/contents described in the Schedule (3) Automobiles, vehicles, or self-propelled of Covered Property. machines that are licensed for use on public roads; (b) Property in the open described in the Schedule of Covered Property. (4) Bills, currency, deeds, evidences of debt, money, notes or securities; (c) Mobile property valued at $25,000 replacement cost or less if identified as covered (5) Bridges, roadways,walks,patios or other paved on the Schedule of Covered Mobile Property;and surfaces, except golf course property; mobile property valued at greater than $25,000 replacement cost and is listed on the Schedule of (6) Contraband or property in the course of illegal Covered Mobile Property. transportation or trade; (2) We will pay for loss to newly acquired or (7) Cost of excavations, grading, backfilling or constructed building/contents or property in the filling; open at any one location as described in SECTION VI- LIMITS OF COVERAGE AND (8) Land, subsoil, crops or lawns, except golf VALUATION. course property; (3) We will pay for loss to newly acquired or (9) Pilings, piers, wharves or docks; constructed mobile property as described in SECTION VI - LIMITS OF COVERAGE AND (10) Underground and buried pipes, flues or drains; VALUATION. (11) Foundations of buildings, structures, machinery We will pay for loss to covered property in or boilers if their foundations are below: transit as described in SECTION VI - LIMITS OF COVERAGE AND VALUATION. (a) The lowest basement floor; or LMCIT MPCB(11-99)(Rev. 11-01) Page 1 of 21 (b) The surface of the ground, if there is no and equipment that are usual to the transmission basement; of electricity. This does not include substations and transformers. (12) Retaining walls that are not part of the covered property; (14) Trees and shrubs that are not within 100 feet of a building. (13) Transmission and distribution lines and poles SECTION II - ADDITIONAL COVERED LOSS OR DAMAGE 1. COVERAGE AGREEMENT premises over the actual rent payable by you as lessee (including any maintenance or operating We will provide coverage for the following loss or charges paid by the lessee) during the unexpired damage unless the cause of loss or damage is not term of the lease; and covered,as described under SECTION III-CAUSES OF LOSS AND DAMAGES NOT COVERED. The (b) The rental income that would have been amount we will pay for loss or damage is limited as earned by you from sublease agreements, over described in SECTION VI - LIMITS OF and above the rental expense specified in the COVERAGE AND VALUATION. lease between you and the lessor. a. LOSS OF REVENUE, EXTRA EXPENSE (3) When covered property is rendered wholly or AND EXPEDITING EXPENSE partially untenantable by a direct physical loss or damage and the lease is canceled by the lessor in We will pay for the actual loss of revenue, extra accordance with the conditions of the lease or by expense or expediting expense sustained by you due statutory requirements of the state in which the to the necessary suspension of your operations during damaged or destroyed covered property is the period of recovery caused by direct physical loss located, we will cover the pro rata proportion or damage to any covered property. from the date of loss to expiration date of the lease (to be paid without discount) on your b. DEBRIS REMOVAL interest in: We will cover the following debris removal expenses: (a) Improvements and betterments to covered property during the unexpired term of the lease (1) The cost of removal of debris of covered that is not covered under any other section of property and non-covered property from a Part One of the covenant; or covered location resulting from direct physical loss or damage to covered property; or (b) The amount of advance rental paid by you and not recoverable under the terms of the lease (2) The cost of removal of debris of non-covered for the unexpired term of the lease. property from your covered location which (4) We will cover your leasehold interest when your results from a specified cause of loss. covered property is rendered wholly or partially c. LEASEHOLD INTEREST untenantable and the lease is canceled by the lease or by statutory requirements of the state in (1) We will provide coverage for leasehold interest which the damaged or destroyed covered resulting from direct physical loss or damage to property is located. covered property. (5) We will cover your leasehold interest for the first (2) Leasehold interest means: three months succeeding the date of the loss and the net lease interest for the remaining months of • (a) The excess of the fair rental value of similar the unexpired lease. We will not be liable for LMCIT MPCB(11-99)(Rev. 11-01) Page 2 of 21 any increase of loss that may be occasioned by expenses are incurred within 90 days of the date the suspension, lapse, or cancellation of any of direct physical loss or damage. license, or by the exercising of any option to cancel the lease. b. POLLUTANT CLEANUP AND REMOVAL d. ACCOUNTS RECEIVABLE (1) We will provide coverage for pollutant cleanup We will pay for loss or damage to your accounts and removal resulting from direct physical loss receivable caused by direct physical loss or damage or damage to covered property. to your accounts receivable. (2) We will cover the costs of testing that are e. VALUABLE PAPERS AND RECORDS incurred in the course of extracting pollutants from land or water and any expense incurred to We will pay for loss or damage to valuable papers test for, monitor, or assess the existence, and records caused by direct physical loss or damage concentration, or effects of pollutants. to your valuable papers and records. c. ERRORS f. UTILITY SERVICES We will pay for loss to any covered property if the (1) We will pay for loss or damage to covered loss is not covered solely because of: property caused by an interruption of a utility service to your covered property. (1) Any inadvertent error in the description or P Y P location of the building/contents,property in the (2) We will pay for the actual loss of revenue, extra open, mobile property or builders risk property expense or expediting expense sustained by you covered by the covenant,which inadvertent error P P g P Yy Y due to the necessary suspension of your existed at the inception date of the covenant; or operations during the period of recovery caused by an interruption of a utility service to your (2) Any inadvertent error in the description or covered property. location of the building/contents,property in the open, mobile property or builders risk property This interruption must be caused by direct physical in endorsements to the covenant; or loss or damage to utility service property. (3) Failing through an inadvertent error to schedule 2. COVERAGE AGREEMENT (a) any building/contents, property in the open, mobile property or builders risk property owned We will provide coverage for the following loss or by the city at the inception of the covenant, or(b) damage. The amount we will pay for loss or damage any newly acquired or constructed building/ is limited as described in SECTION VI - LIMITS contents, property in the open, mobile property OF COVERAGE AND VALUATION. or builders risk property during the term of the coverage document. a. ASBESTOS CLEANUP, ABATEMENT AND REMOVAL (4) It is a condition of this coverage that such inadvertent error shall be reported and corrected (1) We will pay for your expense to clean up, abate when discovered. or remove from covered property asbestos particles that are discharged, dispersed, or d. RENTAL REIMBURSEMENT released. We will pay for rental reimbursement expenses ) The expenses to clean up, abate or remove incurred by you for the rental of mobile property that asbestos particles will be paid only if such was a result of a covered loss to your mobile property. LMCIT MPCB(11-99)(Rev. 11-01) Page 3 of 21 (1) No deductibles apply to this coverage. (2) Limit: (2) This coverage does not apply while there is spare LMCIT will not pay more than $100,000 for or reserve equipment available to you for your claims under this section during the coverage operations. year, regardless of the number of claims, occurrences or incidents. e. ARSON REWARD (3) Reimbursement of Extraordinary Expense In the event that a covered fire loss was the result of Payment: an act of arson, we will reimburse you for rewards you pay for information leading to convictions for For any claims for extraordinary expense which that act of arson. are paid under this section, the city must reimburse LMCIT as provided in this paragraph. f. YEAR 2000 EXTRA EXPENSE The amount to be paid to LMCIT will equal the amount needed to reimburse LMCIT for the full We will pay for your expenses that are necessarily amount of any claims that LMCIT pays under this incurred: section. The city may, at its discretion, reimburse LMCIT through payment of equal (1) To mitigate loss that is directly or indirectly annual installments over a period of up to five caused by a year 2000 problem; and years from the date the claim is paid. Each installment will be billed and payable at the same (2) To implement any contingency plan to maintain time as the city's annual renewal premium for your operations if any of your operations are LMCIT property/casualty coverage. If the city impaired by a year 2000 problem. ceases to be a member of the LMCIT Property/ Casualty program, the full amount together with We will not pay any of your expenses to determine or any accrued interest will be immediately due and to correct a year 2000 problem. payable on the date that the city ceases to be a member. g. EXTRAORDINARY EXPENSE No interest will apply if reimbursement is made (1) Extraordinary Expense Payment: within one year of the date the cost or expense was incurred. If the city elects to pay the As a benefit associated with being a member of reimbursement in more than one annual LMCIT's Property/Casualty program, upon installment, interest at the rate of 3% annually submission of a claim, LMCIT will pay for any shall be included in the amount owed beginning extraordinary and unanticipated cost or expense one year from the date the cost or expense was the city incurs which: incurred. (a) Is necessary for the purpose of protecting the (4) Termination of Benefits: public health and safety,protecting city property, or meeting the city's legal obligations; and The LMCIT Board of Trustees may terminate the benefit provided under this section at any time (b) Is not covered by any other provision of this upon 10 days written notice to the city, if the covenant, any other LMCIT coverage covenant, Board determines that it is necessary to protect or any insurance policy. the interests of LMCIT or its member cities. The city must provide to LMCIT any information Termination of this coverage shall not affect any or documentation needed or requested in order to claims that the city has submitted to LMCIT determine if these conditions are met. The before the effective date of termination of determination of whether these conditions are coverage. • met will be at LMCIT's sole discretion. LMCIT MPCB(11-99)(Rev. 11-01) Page 4 of 21 SECTION III CAUSES OF LOSS AND DAMAGES NOT COVERED Ilk. CAUSES OF LOSS NOT COVERED c. WAR We will not pay for loss or damage caused directly or (1) War, including undeclared or civil war; indirectly by any of the following. Such loss or damage is excluded regardless of any other cause or (2) Warlike action by a military force, including event that contributes concurrently or in any sequence action in hindering or defending against an actual to the loss. or expected attack, by any government, sovereign or other authority using military a. WATER personnel or other agents; or (1) Flood, surface water, waves, tides, tidal waves, (3) Insurrection, rebellion, revolution, usurped overflow of any body of water, or their spray, all power,or action taken by governmental authority whether driven by wind or not; in hindering or defending against any of these. Y g Y (2) Mudslide or mudflow; d. YEAR 2000 CLAIMS (3) Water that backs up or overflows from a sewer, Any year 2000 problem. drain or sump; or But if loss or damage by a specified cause of loss (4) Water under the ground surface pressing on, or results, we will pay for the resulting loss or damage. flowing or seeping through: This exclusion does not apply to Year 2000 Extra 40 (a) Foundations,walls, floors or paved surfaces; Expense as provided in SECTION II, 2.f. (b) Basements, whether paved or not; or 2. DAMAGES NOT COVERED (c) Door, windows or other openings; We will not pay for the following damages: except for coverage that is provided by water and a. Damage to your electrical devices, appliances or supplemental flood coverage as described in wires caused by artificially generated electric SECTION IV - WATER AND current including electric arcing. SUPPLEMENTAL FLOOD COVERAGE. This exclusion does not apply to computer But if loss or damage by fire, explosion or equipment data and media. sprinkler leakage results, we will pay for that resulting loss or damage. b. Damage from the discharge, dispersal, seepage, migration, release or escape of pollutants. This exclusion does not apply to mobile property. This exclusion does not apply if the discharge, b. NUCLEAR HAZARD dispersal, seepage, migration, release of pollutants is itself caused by a specified cause of Nuclear reaction or radiation, or radioactive loss. contamination, however caused. This exclusion does not apply to pollutant But if loss or damage by fire results, we will pay for cleanup and removal as provided in SECTION isi at resulting loss or damage. II, 2.b. LMCIT MPCB(11-99)(Rev. 11-01) Page 5 of 21 c. Damages caused by dishonest or criminal acts by f. The cost to repair or replace mechanical you, or your employees: breakdown, including rupture or bursting caused by centrifugal force. • (1) Acting alone or in collusion with others; or This exclusion does not apply to computer (2) Whether or not occurring during the hours of equipment data and media. employment. g. Damages caused by: This exclusion does not apply to acts of destruction by your employees; but theft by (1) Rust, corrosion, fungus, decay, employees is not covered. deterioration, hidden or latent defect, mold or disease; d. Damages caused by explosion of steam boilers, steam pipes, steam engines or steam turbines (2) Settling, shrinking or expanding; or owned or leased by you, or operated under your control. (3) Wear and tear. But if loss or damage by fire or combustion This exclusion does not apply if the above explosion results, we will pay for that resulting damage results from a specified cause of loss. loss or damage. The exclusion for damages caused by disease We will also pay for loss or damage caused by or does not apply to police dogs. resulting from the explosion of gases or fuel within the flues or passages through which the h. Unexplained loss, mysterious_disappearance, or gases of combustion pass. shortage disclosed upon taking inventory. e. The cost to repair or replace faulty workmanship, i. Seizure or destruction of property by order of • materials, construction or design. governmental authority. This exclusion does not apply to computer But we also will pay for acts of destruction equipment data and media. ordered by governmental authority and taken at the time of a fire to prevent its spread, if the fire would be covered under this coverage part. SECTION IV - WATER AND SUPPLEMENTAL FLOOD COVERAGE 1. COVERAGE AGREEMENT COVERED LOSS OR DAMAGE as a result of direct physical loss of or damage to your a. For your building/contents,property in the open building/contents, property in the open or or builders risk property subject to the exclusions builders risk property which are caused by: and limitations in paragraph b. below, we will pay for: (a) Flood, surface water, waves, tides, tidal waves, overflow of any body of water, or (1) Direct physical loss of or damage to your their spray, all weather driven by wind or building/contents, property in the open or not; builders risk property described in the Schedule of Covered Property; and (b) Mudslide or mudflow; (2) Any additional covered losses or damages as (c) Water that backs up or overflows from a described in SECTION II - ADDITIONAL sewer, drain or sump; or LMCIT MPCB(11-99)(Rev. 11-01) Page 6 of 21 (d) Water under the ground surface pressing (3) For any building/contents, property in the on, or flowing or seeping through: open or builders risk property for which Code C is shown on the Schedule of Covered Property,we i) Foundations, walls, floors or paved will not pay for any loss or damage resulting from surfaces; any occurrence which would be considered a flood for the purpose of the National Flood ii) Basements,whether paved or not; or Insurance Program. iii) Doors,windows or other openings. (4) For any newly acquired or constructed covered property, covered property in transit, or But if loss or damage by fire, explosion or covered property that is temporarily at an sprinkler leakage results,we will not pay for that unscheduled location, as provided by SECTION resulting loss or damage under this SECTION IV. I, 1.a., COVERED PROPERTY; or builders risk property as provided by SECTION V,' 1., b. (1) For any building/contents, property in the BUILDINGS IN THE COURSE OF open or builders risk property for which Code A CONSTRUCTION,ALTERATION,OR REPAIR is shown on the Schedule of Covered Property,no COVERAGE,that are not shown on the Schedule additional exclusions apply to the coverage of Covered Property,we will pay any loss or any provided under this section. damage as if the water and supplemental flood coverage was shown as Code C on the Schedule (2) For any building/contents, property in the of Covered Property. open or builders risk property for which Code B is shown on the Schedule of Covered Property, 2. LINIITS OF COVERAGE the coverage provided by this section is specifically in addition to and in excess of the The maximum amount we will pay for all losses or • applicable National Flood Insurance Program damages covered under this SECTION IV is limited as coverage. described in SECTION VI-LIMITS OF COVERAGE AND VALUATION. SECTION V -BUILDINGS IN THE COURSE OF CONSTRUCTION, ALTERATION, OR REPAIR COVERAGE 1. COVERAGE AGREEMENT is at a temporary location other than the construction location as described in SECTION a. We will pay for direct physical loss of or damage VI - LIMITS OF COVERAGE AND to your builders risk property unless the cause of VALUATION. loss or damage is not covered,as described under SECTION III - CAUSES OF LOSS AND d. We will also cover the interest of contractors and DAMAGES NOT COVERED. The amount we subcontractors in builders risk property during will pay for loss or damage is limited as described construction to the extent of the city's obligation in SECTION VI-LIMITS OF COVERAGE AND for a covered physical loss or damage to such VALUATION. covered property as specified in the applicable contract. Such interest of contractors and b. We will pay for loss to builders risk property in subcontractors is limited to the property for which transit as described in SECTION VI-LIMITS OF they have been hired to perform such work and COVERAGE AND VALUATION. such interest will not extend to any loss of revenue, extra expense, or expediting expense c. We will pay for loss to builders risk property that sustained by the contractor and subcontractors as provided by this covenant. LMCIT MPCB(11-99)(Rev.11-01) Page 7 of 21 2. PROPERTY NOT COVERED (1) Building or structure in the course of construction; We will not cover the following types of property: • (2) Alterations or repair of the city's existing a. Any builders risk property if the approved building; or estimated total project cost exceeds$2,000,000 as of the date construction commenced. (3) Addition to the city's existing building. b. Land, subsoil, crops or lawns. (4) Builders risk property also includes: 3. ADDITIONAL COVERED LOSS OR (a) Foundation of the building or structure in DAMAGE the course of construction or an addition to the city's existing building; We will pay for covered losses and damages as (b) Materials, equipment, and supplies used described in SECTION II - ADDITIONAL for construction,alteration or repair,provided COVERED LOSS OR DAMAGE as a result of direct such property is intended to be permanently physical damage to your builders risk property. in or on the builders risk property; and 4. WATER AND SUPPLEMENTAL (c) Temporary structures built or assembled FLOOD COVERAGE on location, including cribbing, scaffolding and construction forms used in the course of We will pay for loss or damage to your builders risk construction or alterations or repair of the property as described in SECTION TV - WATER builders risk property. AND SUPPLEMENTAL FLOOD COVERAGE. b. Project cost means the cost of construction, 5. ADDITIONAL DEFINITIONS materials, and architectural, legal, financial and other professional services relating to the a. Builders risk property means: construction, alteration or repair project. SECTION VI - LIMITS OF COVERAGE AND VALUATION 1. LIMITS OF COVERAGE (2) If two or more deductibles in Item 7 of the Declarations for property coverage apply to one a. We will not pay for more than the blanket limit occurrence for you,the total to be deducted will per occurrence specified in Item 5 of the not exceed the largest deductible applicable. Declarations. c. The sublimits stated below are per occurrence and b. We will not pay for loss or damage in any one are part of and not in addition to the blanket limit occurrence until the amount of loss or damage of occurrence: exceeds the Deductible in Item 7 of the Declarations. We will then pay the amount of loss (1) Computer equipment data and media: or damage in excess of the Deductible, up to the $1,000,000 applicable limits of coverage: (2) Fine arts: $500,000 (1) The Deductible applies against the total loss incurred by you from any one occurrence, (3) Covered property in transit: $250,000 regardless of the number of locations involved. (4) Unscheduled location: $500,000 • LMCIT MPCB(11-99)(Rev. 11-01) Page 8 of 21 (5) Personal effects: $25,000 per occurrence, (8) Rental reimbursement: $25,000 per annual but not to exceed $2,500 per employee aggregate • (6) Golf course property: $100,000 per (9) Arson reward: $5,000 per fire loss occurrence for direct damage to golf course property and debris removal of covered property (10) Accounts receivable: $500,000 per location and non-covered property. (11) Valuable papers and records: $500,000 per (7) Business personal effects: $25,000 per location occurrence, but not to exceed $5,000 per employee (12) Year 2000 extra expense: 85% of the expense, up to a limit of$5,000 per occurrence d. The sublimits stated below are in addition to the and a $5,000 annual aggregate blanket limit of occurrence: (13) Utility Services: $100,000 per occurrence (1) Newly acquired or constructed building/ contents or property in the open at any one f. The limits for water and supplemental flood location: $5,000,000 coverage are specified in Item 5 of the Declarations and are stated below: (2) Newly acquired or constructed mobile property: $250,000 per unit (1) $500,000 per occurrence. e. The limits for the additional covered loss or (2) The water and supplemental flood coverage damage are specified in Item 5 of the annual aggregate is the most we will pay for Declarations and are listed below. The limits are water and supplemental flood coverage loss • in addition to the blanket limit of occurrence: during the annual coverage period. (1) Asbestos clean-up, abatement and removal: (3) The sublimits stated below are per $250,000 per location occurrence and are part of and not in addition to the per occurrence limit: (2) Loss of revenue, extra expense and expediting expense: $5,000,000 per occurrence (a) Golf course property: $100,000 (3) Debris removal: $1,000,000 per (b) Property in transit: $250,000 occurrence. However, if there is no direct physical loss or damage to covered property, the g. The limits for Buildings in the Course of most we will pay is $50,000 per occurrence. Construction, Alteration, or Repair Coverage are: These limits do not apply to golf course property. (1) Any one location: $2,000,000 (4) Extraordinary expense: $100,000 per annual aggregate (2) The limits stated below are part of, and not in addition to, the any one location limit: (5) Leasehold interest: $500,000 per location (a) Property in transit: $250,000 (6) Pollutant cleanup and removal: $10,000 per location (b) Temporary location: $500,000 (7) Errors: 90% of the loss, subject to $500,000 per occurrence LMCIT MPCB(11-99)(Rev. 11-01) Page 9 of 21 2. LOSS VALUATION appraised value of the property at the time of the loss. a. GENERAL PROVISIONS (c) If the covered property is damaged but not • (1) Definitions: destroyed and is repaired, LMCIT will pay the actual replacement cost to repair the property (a) Covered property is deemed to be destroyed plus the amount of the reduction, if any, in the P appraised value of the repaired property. if the replacement cost to rebuild or replace the PP P P P rt3'• property is less than the sum of the replacement (d) If the covered property is damaged but not cost to repair the property plus the reduction, if P g any, in the appraised value of the repaired destroyed and remains in service without being property. repaired, LMCIT will pay the amount of the reduction, if any, in the appraised value of the (b) Replacement cost means the cost to repair or damaged property. replace covered property that is damaged or destroyed, using new materials of equivalent (e) If the covered property is damaged but not size, kind and quality. Replacement cost destroyed and the city elects not to repair it but to raze or otherwise dispose of the property,LMCIT c costs P P P Y� includes any additional osts necessary to comply with building codes. will pay to the city the estimated replacement cost to repair the property. (2) Adjustment: In any event,LMCIT will not pay you more than Except as provided in b. below, in the event of your financial interest in the covered property. direct physical loss of or damage to your covered property, the basis of adjustment will be as b. SPECIAL PROVISIONS follows: (1) Valuable papers and records: (a) If the covered property is destroyed and is replaced or rebuilt, LMCIT will pay the For valuable papers and records, LMCIT will following: pay the cost of blank materials for reproducing the records,plus the cost of labor to transcribe or (i) If the covered property is replaced or copy the records when there is a duplicate, or to reproduce the data of records. rebuilt at the same location, the replacement re P cost of the covered property with similar size and construction; (2) Computer equipment, data and media: (ii) If the covered property is replaced or For computer equipment, data, or media,LMCIT will pay the cost to replace destroyed equipment rebuilt at a different location, the P Y P Y replacement cost cannot be greater than if with equipment of greater processing ability; the you would have rebuilt at the same location cost to reproduce or restore the data; and the cost with similar size and construction; or to repair or replace media with the same kind and quality of material. Any replacement equipment (iii) If the covered property is replaced or must be able to perform the same function as the rebuilt at the same location with different destroyed equipment. size or construction, the replacement cost cannot be greater than if you would have Unauthorized intrusive codes or programming, rebuilt at the same location with similar size commonly known as a computer virus or hacking and construction. intrusion, that are entered into your computer equipment, data and media,are considered direct (b) If the covered property is destroyed and is physical loss of or damage to your covered not replaced or rebuilt, LMCIT will pay the property. LMCIT MPCB(11-99)(Rev. 11-01) Page 10 of 21 (3) Accounts receivable: the dog to resume performing the dog's normal functions. But LMCIT will not pay the cost of For accounts receivable,LMCIT will pay for all treatment and care to treat or prevent disease. amounts due from your customers that you are unable to collect; interest charges on any loan For any single occurrence, LMCIT will not pay required to offset amounts you are unable to more than the amount you actually spend to collect pending our payment of these amounts; replace the police dog or for care and treatment collection expenses in excess of your normal of the police dog, or 200% of the appraised value collection expenses that are made necessary by of the police dog, whichever is less. the loss; and other reasonable expenses you incur to re-establish your accounts receivable. If you (7) Trees and shrubs: are unable to establish the amount of accounts receivable outstanding at the time of the loss, we (a) For a tree or shrub which is destroyed, will use the average monthly amounts of LMCIT will pay the actual cost to replace it with accounts receivable for the 12 months a tree or shrub of similar type and of a size that immediately preceding the month in which the is normally considered to be reasonable and loss occurs, adjusting to reflect the normal practical to transplant, regardless of whether the business during the loss month. tree or shrub is replaced or not. (4) Fine arts: (b) For a tree or shrub that is damaged but not. destroyed,LMCIT will pay the actual cost of any For fine arts which are destroyed, LMCIT will service, treatment, or repair that is actually pay the appraised value, regardless of whether performed. the covered property is replaced or not. But, we will not pay more than the actual cost to Mobile property: replace it with a tree or shrub of similar type and of a size that is normally considered to be For mobile property that is damaged or reasonable and practical to transplant. destroyed,LMCIT will not pay for more than the amount you actually spent to repair or replace the (8) Business personal effects: damaged mobile property; or 200% of the appraised value of the damaged property, Notwithstanding the provisions of paragraph 11. whichever is less. of the Common Conditions,LMCIT coverage for business personal effects is primary with respect (6) Police dogs: to any coverage provided under the employee's homeowner's insurance or similar coverage. A police dog is considered to be destroyed if because of injury or disease the dog is not able to c. LOSS OF REVENUE, EXTRA EXPENSE perform the dog's normal functions and there is AND EXPEDITING EXPENSE PROVISIONS no reasonable prospect that the dog will be able to do so. (1) The amount of loss of revenue loss LMCIT will pay, will be determined based on: (a) For police dogs that are destroyed, LMCIT will pay for the cost to replace the dog and the (a) The gross revenue of the city before the cost of any necessary training. direct physical loss or damage occurred; (b) If a police dog is injured as a result of an (b) The likely gross revenue of the city if no accident or an intentional act, LMCIT will pay physical loss or damage had occurred; • the cost of necessary treatment and care to enable LMCIT MPCB(11-99)(Rev. 11-01) Page 11 of 21 (c) The operating expenses, including payroll (b) Extra expense or expediting expense loss to expenses, necessary to resume operations with the extent you can return your operations to the same quality of service that existed just normal and discontinue such extra expense or If before the direct physical loss or damage; and expediting expense. (d) Other relevant sources of information, However, if you do not resume operations, or do including: not resume operations as quickly as possible, we will pay based on the length of time it would i) Your financial records and accounting have taken to resume operations as quickly as procedures; possible. ii) Bills, invoices and other vouchers; and d. APPRAISAL AND ARBITRATION iii) Deeds, liens or contracts. Either party may make a written demand for arbitration if the city and LMCIT disagree on any of (2) The amount of extra expense loss LMCIT will the following: pay will be determined based on: (1) The appraised value of covered property prior to (a) All expenses that exceed the normal the loss or damage; operating expenses that would have been incurred by operations during the period of (2) The appraised value of covered property after the recovery if no direct physical loss or damage had loss or damage; occurred. We will deduct from the total of such expenses: (3) The appraised value of covered property after repair; or i) The salvage value that remains of any property bought for temporary use during the (4) The estimated cost to repair the covered period of recovery once operations are property. resumed; In this event, each party will select a competent ii) Any extra expense that is paid for by and impartial person; Each appointee shall be a other insurance, except for insurance that is professional appraiser or other person with written subject to the same plan, terms and appropriate professional expertise. The two conditions and provisions as this insurance; appointees will select an umpire. If they cannot and agree, either may request that selection be made by a judge of a court having jurisdiction. The (b) All necessary expenses that reduce the two appointees will each separately state their business income loss that otherwise would have respective estimates of the value or cost which is been incurred. in question. If they fail to agree, they will submit their differences to the umpire. A (3) We will reduce the amount of your: decision agreed to by any two will be binding. (a) Loss of revenue loss, other than extra Each party will: expense or expediting expense to the extent you can resume your operations, in whole or in part, (a) Pay the cost of its own appointee; and by using damaged or undamaged property (including merchandise or stock)at the described (b) Share equally the expense of the umpire and location or elsewhere. any other expenses related to the arbitration process. LMCIT MPCB(11-99)(Rev. 11-01) Page 12 of 21 SECTION VII - DEFINITIONS •. Accounts receivable means: b. Permanently installed fixtures, machinery and equipment; a. All amounts due from your customers that you are unable to collect and there is a loss; c. Outdoor fixtures; b. Interest charges on any loan required to d. Contents owned by you that are used to offset amounts you are unable to collect pending maintain or service the building or structure or our payment of these accounts; its premises, including: c. Collection expenses in excess of your normal (1) Fire extinguishing equipment; collection expenses that are made necessary by the loss; and (2) Outdoor furniture; d. Other reasonable expenses that you incur to (3) Floor coverings; and re-establish your records of accounts receivable. (4) Appliances used for refrigerating, e. Accounts receivable does not include: ventilating, cooking, dishwashing or laundering; or ;. (1) The amount of the accounts that you are able to re-establish or collect; 5. Building/contents, as described in the Schedule of Covered Property, means the following: (2) An amount to allow for probable bad debts that you are normally unable to collect; a. Building; or th and b. Contents. (3) All unearned interest and service charges. 6. Business personal effects means personal property of your employees that is used to 2. Automobile means a land motor vehicle, trailer or maintain the operations of the city. semi-trailer designed for travel on public roads. 7. City means governmental body or entity first 3. Blanket means the limit of coverage can be named in the Declarations. For purposes of this applied individually to any of the following: coverage, city includes relief associations. a. Any building/contents,property in the open, Unless specifically named in the Declarations, or builders risk property described in the city shall not include: Schedule of Covered Property; or a. Gas, electrical, or steam utilities b. Any mobile property listed on the Schedule commission; of Mobile Property; or b. Port authority, housing and redevelopment c. Any mobile property if identified as covered authority, economic development authority, area on the Schedule of Mobile Property. or municipal redevelopment authority, or similar agency; 4. Building means the building or structure including: c. Municipal power agency; 0 a. Completed additions; d. Municipal gas agency; LMCIT MPCB(11-99)(Rev. 11-01) Page 13 of 21 e. Hospital or nursing home board or (1) Made a part of the building or structure commission; you occupy but do not own; and • f. Airport commission; (2) You acquired or made at your expense but cannot legally remove. g. Welfare or public relief agency; g. Contents of others that are in your care, h. School board; or custody and control. i. Joint powers entity. However, our payment for loss or damage to contents will be for the account of the owner of 8. Computer equipment, data and media means a the property. network of machine components capable of accepting information,processing it according to h. Trees and shrubs; plan and producing the desired results. It includes: i. Accounts receivable; a. Air conditioning, fire protection equipment j. Computer equipment data or media; and electrical equipment used exclusively in your computer operations; k. Valuable papers and records; b. Facts, concepts or instructions in a form 1. Personal effects; or usable for communications; m. Fine arts. c. Interpretation or processing by automatic means; or 10. Employee means: • d. Computer programs and materials on which a. A person whom you compensate directly by the data is recorded. salary,wages or commissions,and who you have the right to direct or control while performing 9. Contents means property located in or on the duties for you; building described in the Declarations or in the open (or in a vehicle) within 100 feet of the b. Member of the city council; described building, consisting of the following: c. Member of a city board, commission, or a. Furniture and fixtures; committee which is not excluded by the definition of city; b. Machinery and equipment; d. Elected or appointed official of the city; c. Stock; e. Volunteer person or organization while d. All other contents owned by you and used in acting on behalf of the city and subject to the your municipal operations; city's direction and control; e. Labor, materials or services furnished or f. Other authorized person or agent of the city arranged by you on contents of others; while acting on behalf of the city, but excludes independent contractors; f. Your use interest as tenant in improvements and betterments. Improvements and betterments g. City relief association members,officers,and are fixtures,alterations,installations or additions: employees; or LMCIT MPCB(11-99)(Rev. 11-01) Page 14 of 21 h. Any natural person employed by an to the extent it reduces the amount of loss employment contractor while that person is that otherwise would have been payable • subject to your direction and control and under this covenant. performing services for you excluding,however, any such person while having care and custody 13. Fine arts means property or articles of artistic or of property outside the premises. historical value including paintings, etchings, pictures, tapestries, statuary, marbles, bronzes, But employee does not mean any agent, broker, porcelain,rare glass, antique silver,china,books factor, commission merchant, consignee, and manuscripts, rugs and similar articles. independent contractor or representative of the same general character. 14. Golf course property means bridges, paved roadways, paved cart paths and other paved 11. Expediting expense means the reasonable extra surfaces, shelters, restrooms, ball washers, cost of temporary repair and expediting the screens, flags,markers, signs,tees, fairways and repair of damaged covered property, overtime greens. and express freight or other rapid means of transportation. 15. Joint powers entity means an operating entity created by two or more governmental units 12. Extra expense means the excess total cost entering into an agreement as provided by statute necessarily incurred to continue your operations for the joint exercise of governmental powers. as reasonably as practicable during the period of An intergovernmental agreement will be deemed recovery that is over and above the cost that to create a joint powers entity if the agreement would normally have been incurred to conduct establishes a board with the effective power to do the operations during the same period had no loss any of the following, regardless of whether the or damage occurred. It includes: specific consent of the constituent governmental units may also be required: • a. Extra expense to avoid or minimize the suspension of business and to continue a. To receive and expend funds; operations: b. To enter into contracts; (1) At the described location; or c. To hire employees; (2) At a replacement location or at temporary locations, including: d. To purchase or otherwise acquire or hold real or personal property; or (a) Relocation expenses; and e. To sue or be sued. (b) Costs to equip and operate the replacement or temporary locations. 16. LMCIT means the League of Minnesota Cities Insurance Trust. b. Extra expense to minimize the suspension of business if you cannot continue operations. 17. Location means: c. Extra expense to: a. The site of any covered building/contents, property in the open or builders risk property; or (1) Repair or replace any covered property; or b. The site of any covered newly acquired or constructed building/contents or property in the (2) Research, replace or restore the lost open; • information on damaged valuable papers and records; LMCIT MPCB(11-99)(Rev. 11-01) Page 15 of 21 18. Loss of revenue means gross revenue, including a. Begins immediately after the time of direct rental value, less charges and expenses that do physical loss or damage to covered property. not necessarily continue. b. Ends on the earlier of: • 19. Mobile property means: (1) The date covered property is actually a. Machinery or equipment designed for use repaired, rebuilt or replaced and operations principally off public roads; are resumed; and your operations would generate the loss of revenue amount that b. Police dogs; would have existed if no direct physical or damage had occurred; or c. Vehicles maintained for use solely on or next to locations owned or rented by you and not (2) 60 consecutive days after the date when licensed for highway use; the covered property is actually repaired, rebuilt or replaced and operations are d. Vehicles and its equipment whether self- resumed. propelled or not,maintained primarily to provide mobility to permanently mounted equipment; However,the expiration date of the covenant will not cut short the period of recovery. e. Tools; 25. Personal effects means personal property of your f. Business personal effects; or employees, other than business personal effects. g. Mobile property in your care, custody and 26. Pollutants means any solid, liquid, gaseous or control. thermal irritant or contaminant,including smoke, vapor, soot, fumes, acids, alkalis, chemicals and 20. Newly acquired or constructed means that the city waste. Waste includes materials to be recycled, has acquired or taken possession of the property reconditioned or reclaimed. during the current covenant period. 27. Property in the open means: 21. Occurrence means an accident or event that causes a direct physical loss or damage to a. Equipment such as, but not limited to, covered property. Any continuous accident or benches, fences, light poles, playground event that causes more than one direct physical equipment,statues,scoreboards,traffic signals or loss or damage to covered property during a 72 signs that are in the open and are not part of a hour period constitutes an accident or event as a building; or single occurrence. b. Golf course property. 22. Operations means: 28. Rental value means the sum of: a. Your city activities occurring at the described location; or a. The total anticipated gross rental income from tenant occupancy of the covered property as b. The tenantability of the described location. furnished and equipped by you; and 23. Our means the League of Minnesota Cities b. The amount of all continuing charges that are Insurance Trust. the legal obligation of the tenant and that would otherwise be your obligation; and 24. Period of recovery means the period of time that: c. The fair rental value of any portion of the covered property that you occupy. LMCIT MPCB(11-99)(Rev. 11-01) Page 16 of 21 20. Specified causes of loss means fire; lightning; e. Microprocessors or other computer chips not explosion; windstorm or hail; smoke; aircraft or part of any computer system; or vehicles; riot or civil commotion; vandalism; leakage discharge from fire extinguishing f. Any other computerized or electronic equipment; sinkhole collapse; volcanic action; equipment or components. falling objects; weight of snow, ice or sleet; or water damage: 32. Us means the League of Minnesota Cities Insurance Trust. a. Sinkhole collapse means the sudden sinking or collapse of land into underground empty 33. Utility service property means any of the spaces created by the action of water on following types of property supplying water, limestone or dolomite. This cause of loss does communication service or power to covered not include: property: (1) The cost of filling sinkholes; or a. Pumping stations or water mains supplying water; (2) Sinking or collapse of land into man- made underground cavities. b. Equipment supplying communication services; or b. Falling object does not include loss or damage to: c. Utility generation plants, switching plants, substations, transformers, and transmission lines (1) Property in the open; or supplying electricity, steam or gas. (2) The interior of a building or structure, or 34. Valuable papers and records means inscribed, property inside a building or structure,unless printed or written documents, manuscripts or the roof or an outside wall of the building or records, including abstracts, books, deeds, structure is first damaged by a falling object. drawings, films, maps and mortgages. c. Water damage means accidental discharge or But valuable papers and records does not mean leakage of water or steam from any part of a money or securities, converted data,programs or system or appliance containing water or steam. instructions used in your data processing operations, including the materials on which the 30. Stock means merchandise held in storage or for data is recorded. sale, raw materials and in process or finished goods, including supplies used in their packing or 35. We means the League of Minnesota Cities shipping. Insurance Trust. 31. System or system component means any of the 36. Year 2000 claim means any claim for damages following: arising directly or indirectly out of: a. Computer hardware, including a. Any actual or alleged failure,malfunction,or microprocessors; inadequacy of any system or system component, whether belonging to the city or to others, which b. Computer application software; is due to any year 2000 problem; c. Computer operating systems and related b. Any actual or alleged failure,malfunction, or software; inadequacy of any product, service, data, or function that directly or indirectly uses or relies d. Computer networks; on any system or system component, which is due to any year 2000 problem; or LMCIT MPCB(11-99)(Rev. 11-01) Page 17 of 21 c. Any advice,consultation,design,evaluation, system or system component to correctly inspection, installation, maintenance, repair, recognize, process, distinguish, interpret, or replacement, or supervision done by you or your accept the year 2000 and beyond. employees to determine, rectify, or test for any potential or actual year 2000 problem. 38. You means the city shown in the Declarations. 37. Year 2000 problem means the inability of any 39. Your means the city shown in the Declarations. SECTION VIII - CONDITIONS 1. CONTROL OF PROPERTY a. We cover loss or damage commencing: Any act or neglect of any person other than you (1) During the coverage period shown in the beyond your direction or control will not affect this Declarations; and coverage. (2) Within the coverage territory. The breach of any condition of this coverage part at any one or more locations will not affect coverage at b. The coverage territory is: any location where, at the time of loss or damage, the breach of condition does not exist. (1) The United States of America(including its territories and possessions); 2. COVERAGE UNDER TWO OR MORE COVERAGES (2) Puerto Rico; and If two or more of this covenant's coverages apply to (3) Canada. the same loss or damage, we will not pay more than the actual amount of the loss or damage. 6. LOSS CONDITIONS • 3. LEGAL ACTION AGAINST US a. Abandonment: No one may bring legal action against us under this You cannot abandon your property to us. coverage part unless: b. Duties in the event of loss or damage: a. There has been full compliance with all of the terms of the coverage part; and You must see that the following are done in the event of loss or damage to covered property: b. The action is brought within 2 years after the date on which the direct physical loss or damage (1) Notify the police if a law may have been occurred. broken. 4. NO BENEFIT TO BAILEE (2) Give us prompt notice of the loss or damage. Include a description of the property No person or organization, other than you, having involved. custody of covered property will benefit from this coverage. (3) As soon as possible,give us a description of how, when and where the loss or damage 5. COVERAGE PERIOD, COVERAGE occurred. TERRITORY (4) Take all reasonable steps to protect the Under this coverage part: covered property from further damage. If 411 feasible, set the damaged property aside and in LMCIT MPCB(11-99)(Rev. 11-01) Page 18 of 21 ' ' the best possible order for examination. Also 7. PREMIUMS AND PREMIUM keep record of your expenses, for consideration ADJUSTMENTS . in the settlement of the claim. a. You agree to furnish us with a schedule of (5) At our request, give us complete inventories buildings/contents, property in the open and of the damaged and undamaged property. mobile property valued at greater than$25,000, Include quantities, costs, values, and amount and builders risk property prior to the beginning claim of loss demand. of each covenant period. (6) Permit us to inspect the property and records b. These schedules must include all buildings/ proving the loss or damage. contents, property in the open and mobile property valued at greater than $25,000, and (7) If requested,permit us to question you under builders risk property that was covered by your oath at such times as may be reasonably required prior covenant but was not described in the about any matter relating to this covenant or prior covenant's Schedule of Covered Property your claim, including your books and records. or Schedule of Covered Mobile Property. In such event, your answers must be signed. c. The initial annual premiums will be based upon (8) Send us a signed, sworn statement of loss these schedules and the appropriate replacement containing the information we request to settle cost values. the claim. You must do this within 60 days after our request. We will supply you with the d. You will pay us additional premium if the necessary forms. following property is added during the covenant period: (9) Cooperate with us in the investigation or 10 settlement of the claim. (1) Building/contents or property in the open with a replacement cost value of greater than c. Loss Payment: $5,000,000; (1) We will give notice of our intentions within (2) Mobile property with a replacement cost 30 days after we receive the sworn statement of value of greater than $250,000; loss. (3) Builders risk property with a project cost of (2) We may adjust losses with the owners of lost greater than$2,000,000; or or damaged property if other than you. If we pay the owners, such payments will satisfy your (4) Additional covered loss or damage limits, claims against us for the owners' property. We or property sublimits. will not pay the owners more than their financial interest in the covered property. c. We will return premium to you if the following property is deleted during the covenant period: d. Recovered Property: you or we recover any property after (1) Building/contents or property in the open If either y y P P Y with a replacement cost value of greater than loss settlement, that party must give the other $5,000,000; prompt notice. At your option, the property will be returned to you. You must then return to us (2) Mobile property with a replacement cost the amount we paid to you for the property. We value of greater than $250,000; will pay recovery expenses and the expenses to repair the recovered property, subject to the (3) Builders risk property with a project cost of 0 amount applying under this covenant. greater than $2,000,000; or LMCIT MPCB(11-99)(Rev. 11-01) Page 19 of 21 4 (4) Additional covered loss or damage limits, or will still have the right to receive loss payment property sublimits. if the mortgage holder: 8. CANCELLATION (1) Pays any premium due under this coverage • part at our request if you have failed to do so; a. You may cancel Part One of this covenant. You must mail or deliver not fewer than 30 days (2) Submits a signed, sworn proof of loss advance written notice to us stating when the within 60 days after receiving notice from us of cancellation is to take effect. your failure to do so; and b. We may cancel Part One of this covenant. We (3) Has notified us of any change in ownership, must mail or deliver to you not fewer than 30 occupancy or substantial change in risk known days advance written notice stating when the to the mortgage holder. cancellation is to take effect. Mailing that notice to you at your mailing address shown in the All of the terms of this coverage part will then Declarations will be sufficient to prove notice. apply to the mortgage holder. However, we may cancel with 10 days written notice for nonpayment of premium. e. If we pay the mortgage holder for any loss or damage and deny payment to you because of c. The covenant period will end on the day and your acts or because you have failed to comply hour stated in the cancellation notice. with the terms of this coverage part: d. If Part One of this covenant is canceled, we will (1) The mortgage holder's rights under the send you any premium refund due. If we mortgage will be transferred to us to the extent cancel, the refund will be pro rata. If you of the amount we pay; and cancel, the refund may be less than pro rata, computed in accordance with our current (2) The mortgage holder's right to recover the cancellation rules. The cancellation will be full amount of the mortgage holder's claim will effective even if we have not made or offered a not be impaired. At our option, we may pay to refund. the mortgage holder the whole principal on the mortgage plus any accrued interest. In this 9. MORTGAGE HOLDERS event, your mortgage and note will be transferred to us and you will pay your a. The term mortgage holder includes trustee. remaining mortgage debt to us. b. We will pay for covered loss of or damage to f. If we cancel this covenant, we will give written buildings or structures to each mortgage holder notice to the mortgage holder at least: shown in the Declarations in their order of precedence, as interests may appear. (1) 10 days before the effective date of cancellation if we cancel for your nonpayment c. The mortgage holder has the right to receive loss of premium; or payment even if the mortgage holder has started foreclosure or similar action on the building or (2) 30 days before the effective date of structure. cancellation if we cancel for any other reason. d. If we deny your claim because of your acts or g. If we do not renew this covenant, we will give because you have failed to comply with the written notice to the mortgage holder at least 10 terms of this coverage part, the mortgage holder days before the expiration date of this covenant. • LMCIT MPCB(11-99)(Rev. 11-01) Page 20 of 21 10. TRANSFER OF RIGHTS OF (b) That owns or controls you; or RECOVERY AGAINST OTHERS TO US 410 (c) Your tenant. f any person or organization to or for whom we make payment under this coverage part has rights to This will not restrict your covenant. recover damages from another, those rights are transferred to us to the extent of our payment. That 11. DEDUCTIBLES person or organization must do everything necessary to secure our rights and must do nothing after loss to a. The Limits of Coverage shown in the impair them. But you may waive your rights against Declarations apply to the amount of loss or another party in writing: damages in excess of the Municipal Property Deductible shown in the Municipal Property, a. Prior to a loss to your covered property or loss Crime, Bond and Equipment Breakdown of revenue. Declarations or the General Annual Aggregate Deductible, if any, shown in the Common b. After a loss to your covered property or loss of Coverage Declarations, and the Limits of revenue, only if at time of loss that party is one Coverage will not be reduced by the Deductible of the following: amount. (1) Someone insured by this covenant; b. LMCIT shall be liable to the city or to others on behalf of the city only to the amount of loss or (2) A business firm: damages in excess of any deductible amounts. (a) Owned or controlled by you; or We will then'pay the amount of Ioss up to the applicable limit of coverage. • • LMCIT MPCB(11-99)(Rev. 11-01) Page 21 of 21 LMC League of Minnesota Cities Cities promoting excellence MUNICIPAL CRIME COVERAGE PART TWO LMCIT MPCB(11-99)(Rev. 11-01) MUNICIPAL CRIME COVERAGE • PART TWO Various provisions in this covenant restrict coverage. Words and phrases that appear in italics have special Read the entire covenant carefully to determine meaning, as given in SECTION IV-DEFINITIONS. rights, duties and what is or is not covered. SECTION I - COVERAGE AGREEMENT 1. THEFT, DISAPPEARANCE, AND We will pay for loss of money and securities resulting DESTRUCTION - INSIDE THE PREMISES directly from the theft, disappearance, or destruction outside the premises in the care, custody and control We will pay for loss of money and securities resulting of a messenger or an armored motor vehicle. directly from theft, disappearance, or destruction inside the premises or banking premises. 3. FORGERY OR ALTERATION We will pay the loss of, and loss from damage to, the We will pay for loss involving instruments of payment property that contains the money and securities; and resulting directly from the forgery or alteration of, on loss from damage to the premises resulting directly or in any instruments of payment. from the theft or attempted theft. If you are sued for refusing to pay any instrument of 2. THEFT, DISAPPEARANCE, AND payment, we will pay any reasonable legal expenses DESTRUCTION - OUTSIDE THE that you incur and pay in that defense. The amount GREMISES we pay will be in addition to the applicable limit of coverage. SECTION II - CAUSES OF LOSS AND DAMAGES NOT COVERED We will not pay for loss or damages as specified 4. GOVERNMENTAL ACTION below: Loss resulting from seizure or destruction of property 1. ACCOUNTING OR ARITHMETICAL by order of governmental authority. ERRORS OR OMISSIONS 5. INDIRECT LOSS Loss resulting from accounting or arithmetical errors and omissions. Loss that is an indirect result of any act or occurrence covered by this covenant including, but not limited 2. ACTS OF EMPLOYEES to, loss resulting from: Loss resulting from any dishonest or criminal act a. Your inability to realize income that you would committed by any of your employees: have realized had there been no loss of, or loss from damage to, money and securities; or a. Acting alone or in collusion with other persons;or instruments of payment. b. While performing services for you or otherwise. b. Payment of damages of any type for which you are legally liable. 4FIRE But, we will pay compensatory damages arising II/toss or damage to the premises resulting from fire, directly from a loss covered under this covenant. however caused. LMCIT MPCB(11-99)(Rev. 11-01) Page 1 of 6 c. Payment of costs, fees, or other expenses you malicious mischief. incur in establishing either the existence or the amount of loss under this covenant. 9. WAR • 6. LEGAL EXPENSES Loss resulting from: Expenses related to any legal action. a. War, including undeclared or civil war; 7. NUCLEAR HAZARD b. Warlike action by a military force, including action in hindering or defending against an actual Loss resulting from nuclear reaction or radiation, or or expected attack,by any government, sovereign radioactive contamination, however caused. or other authority using military personnel or other agents; or 8. VANDALISM c. Insurrection, rebellion, revolution, usurped Loss from damage to the premises or its exterior or power, or action taken by governmental authority to containers of money and securities by vandalism or in hindering or defending against any of these. SECTION III - LIMITS OF COVERAGE 1. The most we will pay in any one occurrence is the unless the amount of Ioss exceeds the Deductible applicable limit of coverage shown in the amount shown in the Declarations. We will then Declarations. pay the amount of loss in excess of the Deductible amount, up to the limit of coverage. 2. We will not pay for loss in any one occurrence SECTION IV - DEFINITIONS 1. Banking premises means the interior of that f. Welfare or public relief agency; portion of any building occupied by a banking institution or similar safe depository. g. School board; 2. City means the governmental body or entity first h. Airport commission; or named in the Declarations. For purposes of this coverage, city includes relief associations. Unless i. Joint powers entity. specifically named in the Declarations, city shall not include: 3. Employee means: a. Gas, electrical, or steam utilities commission; a. A person whom you compensate directly by salary, wages or commissions and who you have b. Port authority, housing and redevelopment the right to direct or control while performing authority, economic development authority, area duties for you; or municipal redevelopment authority, or similar agency; b. Member of the city council; c. Municipal power agency; c. Member of a city board, commission, or committee which is not excluded by the definition d. Municipal gas agency; of city; e. Hospital or nursing home board or d. Elected or appointed official of the city; • commission; LMCIT MPCB(11-99)(Rev. 11-01) Page 2 of 6 e. Volunteer person or organization while acting e. To sue or be sued. on behalf of the city and subject to the city's direction and control; 6. LMCIT means the League of Minnesota Cities Insurance Trust. f. Other authorized person or agent of the city while acting on behalf of the city, but excludes 7. Messenger means you, or any of your employees, independent contractors; while having care and custody of the money and securities outside the premises. g. City relief association members, officers, and employees; or 8. Money means: h. Any natural person employed by an a. Currency, coins, and bank notes in current use employment contractor while that person is subject and having a face value; and to your direction and control and performing services for you, excluding, however, any such b. Travelers checks, register checks and money person while having care and custody of property orders held for sale to the public. outside the premises. 9. Occurrence means: But employee does not mean any agent, broker, factor, commission merchant, consignee, a. With respect to SECTION I - COVERAGE independent contractor or representative of the AGREEMENT, 1. and 2.: same general character. (1) Act or series of related acts involving one 4. Instruments of payment means checks, drafts, or more persons; or promissory notes or similar written promises, orders or directions to pay a sum certain in (2) Act or event, or series of related acts or money, that are: events not involving any person. a. Made or drawn by or drawn upon you; or b. With respect to SECTION I - COVERAGE AGREEMENT, 3., all loss caused by any person b. Made or drawn by one acting as your agent; or or in which that person is involved, whether the that are purported to have been so made or drawn. loss involves one or more instruments of payment. 5. Joint powers entity means an operating entity The date of the occurrence is the date on which created by two or more governmental units the act, event or loss is alleged to have taken entering into an agreement as provided by statute place. If the loss or damages are alleged to have for the joint exercise of governmental powers. An arisen from a series of acts or events, the date of intergovernmental agreement will be deemed to occurrence is deemed to be the date when the first create a joint powers entity if the agreement such wrongful act or event took place or is alleged establishes a board with the effective power to do to have taken place. any of the following, regardless of whether the specific consent of the constituent governmental 10. Our means the League of Minnesota Cities units may also be required: Insurance Trust. a. To receive and expend funds; 11. Premises means the interior of that portion of any building you occupy in conducting your business. b. To enter into contracts; 12. Securities means negotiable and nonnegotiable c. To hire employees; instruments or contracts representing either money or other property and includes: • d. To purchase or otherwise acquire and hold real or personal property; or a. Tokens, tickets, revenue and other stamps (whether represented by actual stamps or unused LMCIT MPCB(11-99)(Rev. 11-01) Page 3 of 6 f — - value in a meter) in current use; and 14. Us means the League of Minnesota Cities Insurance Trust. b. Evidences of debt issued in connection with credit or charge cards,which cards are not issued 15. We means the League of Minnesota Cities by you; Insurance Trust. but does not include money. 16. You means the city shown in the Declarations. 13. means any act of stealing. 3 Theft eans a y 17. Your means the city shown in the Declarations. SECTION V - CONDITIONS 1. COVENANT PERIOD 4. INTERESTS COVERED a. The covenant period is shown in the Declarations. Coverage provided by this covenant is limited to money and securities; and instruments of payment; b. Subject to the loss sustained during prior insurance and damages to property or premises, as described condition, we will pay only for loss that you under SECTION I - COVERAGE AGREEMENT, sustain through acts committed or events 1., that: occurring during the covenant period. a. You own or hold; or 2. DISCOVERY PERIOD FOR LOSS b. For which you are legally liable. We will pay only for covered loss discovered no later than one year from the end of the covenant period. However, this covenant is for your benefit only. It provides no rights or benefits to any other person or A 3. DUTIES IN THE EVENT OF LOSS organization. After you discover a loss or a situation that may 5. LEGAL ACTION AGAINST US result in loss of, or loss from damage to, money and securities; or instruments of payment, you must: You may not bring any legal action against us involving loss: a. Notify us as soon as possible. a. Unless you have complied with all the terms of b. Submit to examination under oath at our request this covenant; and and give us a signed statement of your answers. b. Until 90 days after you have filed proof of Ioss c. Give us a detailed, sworn proof of loss within 120 with us; and - days. If the loss was due to forgery or alteration, you must include with your proof of loss any c. Unless brought within 2 years from the date you instrument involved in that loss; or if that is not discover the loss. possible, you must give us an affidavit setting forth the amount and cause of loss. 6. LOSS COVERED UNDER MORE THAN ONE COVERAGE OF THIS COVENANT d. Cooperate with us in the investigation and settlement of any claim. If two or more coverages of this covenant apply to the same loss, we will pay the lesser of: e. If you have reason to believe that any loss of, or loss from damage to, money or securities involves a. The actual amount of loss; or a violation of law, you must notify the police. b. The sum of the limits of coverage applicable to that loss. LMCIT MPCB(11-99)(Rev. 11-01) Page 4 of 6 7..LOSS COVERED UNDER THIS limit of coverage cumulates from year to year or COVENANT AND PRIOR COVENANT period to period. 4OSSUED BY US 10. OTHER INSURANCE If any loss is covered: This covenant does not apply to loss recoverable or a. Partly by this covenant; and recovered under other insurance or indemnity. b. Partly by the prior canceled or terminated However, if the limit of the other insurance or covenant that we had issued to you or any indemnity is insufficient to cover the entire amount of predecessor in interest, the most we will pay is the the loss, this covenant will apply to that part of the larger of the amount recoverable under this loss, other than that falling within any Deductible covenant or the prior covenant. amount,not recoverable or recovered under the other insurance or indemnity. However, this covenant 8. LOSS SUSTAINED DURING PRIOR will not apply to the amount of loss that is more than INSURANCE the applicable limit of coverage shown in the Declarations. a. If you or any predecessor in interest sustained loss during the period of any prior insurance that you 11. RECORDS or the predecessor in interest could have recovered under that insurance, except that the You must keep records of all money and securities; time within which to discover loss had expired,we and instruments of payment, so we can verify the will pay for it under this covenant provided: amount of any loss. (1) This covenant became effective at the time of 12. RECOVERIES • cancellation or termination of the prior insurance; and a. Any recoveries, less the cost of obtaining them, made after settlement of loss covered by this (2) The loss would have been covered by this covenant, will be distributed as follows: covenant had it been in effect when the acts or events causing the loss were committed or (1) To you, until you are reimbursed for any loss occurred. that you sustain that exceeds the limit of coverage and the Deductible amount, if any; b. The coverage under this condition is part of, not in addition to, the Iimits of coverage applying to (2) Then to us until we are reimbursed for the this covenant and is limited to the lesser of the settlement made; amount recoverable under: (3) Then to you until you are reimbursed for that (1) This covenant as of its effective date; or part of the loss equal to the Deductible amount, if any. (2) The prior insurance had it remained in effect. b. Recoveries do not include any recovery: 9. NON-CUMULATION OF LIMIT OF COVERAGE (1) From insurance, suretyship, reinsurance, security or indemnity taken for our benefit; or Regardless of the number of years this covenant remains in force or the number of premiums paid,no (2) Of original securities after duplicates of them have been issued. LMCIT MPCB(11-99)(Rev. 11-01) Page 5 of 6 13. TERRITORY of the securities. However, we will be liable only for the payment of so much of the cost of a. This covenant covers theft, disappearance, or the bond as would be charged for a bond destruction of money or securities only from acts having a penalty not exceeding the lesser of committed or events occurring within the United the: States of America, U.S. Virgin Islands, Puerto Rico, Canal Zone, or Canada, and while i) Value of the securities at the close of temporarily outside this territory for a period of business on the day the loss was not more than 90 days. discovered; or b. This covenant covers loss you sustain from ii) Limit of coverage. forgery or alteration anywhere in the world. (3) Loss from damages to property or premises, 14. TRANSFER OF YOUR RIGHTS OF as described under SECTION I - COVERAGE RECOVERY AGAINST OTHERS TO US AGREEMENT, 1., for not more than the: You must transfer to us all your rights of recovery (a) Actual cash value of the property on the against any person or organization for any loss you day the loss was discovered; sustained and for which we have paid or settled. You must also do everything necessary to secure those (b) Cost of repairing the property or rights and do nothing after loss to impair them. premises; or 15. VALUATION - SETTLEMENT (c) Cost of replacing the property with property of like kind and quality. a. Subject to the applicable limit of coverage We may, at our option, pay the actual cash value provision, we will pay for: of the property or repair or replace it. (1) Loss of money, but only up to and including its face value. We may, at our option, pay for If we cannot agree with you upon the actual cash loss of money issued by any country other than the value or the cost of repair or replacement, the United States of America: value or cost will be determined by arbitration. (a) At face value in the money issued by that b. We may, at our option, pay for loss of, or loss country; or from damage to, property other than money: (b) In the United States of America dollar (1) In the money of the country in which the loss equivalent determined by the rate of exchange occurred; or on the day the loss was discovered. (2) In the United States of America dollar (2) Loss of securities, but only up to and equivalent of the money of the country in which including their value at the close of business on the loss occurred determined by the rate of the day the loss was discovered, we may, at our exchange on the day the loss was discovered. option: c. Any property that we pay for or replace becomes (a) Pay the value of such securities or replace our property. them in kind, in which event you must assign to us all your rights, title and interest in and to 16. FACSIMILE SIGNATURES: those securities; We will treat mechanically reproduced facsimile (b) Pay the cost of any Lost Securities Bond signatures the same as handwritten signatures. required in connection with issuing duplicates LMCIT MPCB(11-99)(Rev. 11-01) Page 6 of 6 LMC League of Minnesota Cities Cities promoting excellence MUNICIPAL BOND COVERAGE • PART THREE • LMCIT MPCB(11-99)(Rev. 11-01) MUNICIPAL BOND COVERAGE • PART THREE Various provisions in this covenant restrict coverage. Words and phrases that appear in italics have special Read the entire covenant carefully to determine meaning,as given in SECTION IV-DEFINITIONS. rights, duties and what is or is not covered. SECTION I - COVERAGE AGREEMENT We will pay for loss as provided by each coverage Declarations or endorsement, the following causes of form that is designated in the Declarations. loss and damages not covered, limits of coverage, definitions, and conditions, apply to all bond Unless stated otherwise in any bond coverage form, coverage forms forming part of this covenant. SECTION II - CAUSES OF LOSS AND DAMAGES NOT COVERED We will not pay for loss damages as specified below: b. A profit and loss computation. 1. GOVERNMENTAL ACTION However, where you establish wholly apart from such computations that you have sustained a loss, Loss resulting from seizure or destruction of property then you may offer your inventory records and actual by order of governmental authority. physical count of inventory in support of the amount of loss claimed. 2. INDIRECT LOSS 11! 4. LEGAL EXPENSES oss that is an indirect result of any act or occurrence covered by this covenant including, but not limited Expenses related to any legal action. to, loss resulting from: 5. NUCLEAR a. Your inability to income ou b ry o realize into that you would have realized had there been no loss as provided Loss resulting from nuclear reaction or radiation, or by each bond coverage form that is designated in radioactive contamination, however caused. the Declarations. 6. WAR b. Payment of damages of any type for which you are legally liable. But, we will pay compensatory Loss resulting from: damages arising directly from a loss covered under this covenant. a. War, including undeclared or civil war; c. Payment of costs, fees or other expenses you incur b. Warlike action by a military force, including in establishing either the existence or the amount action in hindering or defending against an actual of loss under this covenant. or expected attack, by any government, sovereign or other authority using military personnel or 3. INVENTORY SHORTAGES other agents; or Loss, or that part of any loss, the proof of which as c. Insurrection, rebellion, revolution, usurped to its existence or amount is dependent upon: power, or action taken by governmental authority in hindering or defending against any of these. • An inventory computation; or LMCIT MPCB(11-99)(Rev. 11-01) Page 1 of 6 SECTION III - LIMITS OF COVERAGE The most we will pay for loss is described in SECTION II, LIMITS OF COVERAGE, of the bond coverage form. SECTION IV - DEFINITIONS 1. Bond coverage form means the following bond b. Member of the city council; forms: c. Member of a city board, commission, or a. Bond - Employee Dishonesty Coverage Form committee which is not excluded by the definition MPCB 203; and of city; b. Bond - Employee Faithful Performance d. Elected or appointed official of the city; Coverage Form MPCB 204. e. Volunteer person or organization while acting 2. City means the governmental body or entity first on behalf of the city and subject to the city's named in the Declarations. For purposes of this direction and control; coverage, city includes relief associations. Unless specifically named in the Declarations, city shall f. Other authorized person or agent of the city not include: while acting on behalf of the city, but excludes independent contractors; a. Gas, electrical, or steam utilities commission; g. City relief association members, officers, and b. Port authority, housing and ,redevelopment employees; or authority, economic development authority, area or municipal redevelopment authority, or similar h. Any natural person employed by an • agency; employment contractor while that person is subject to your direction and control and performing c. Municipal power agency; services for you, excluding, however, any such person while having care and custody of property d. Municipal gas agency; outside the premises. e. Hospital or nursing home board or But employee does not mean any agent, broker, commission; factor, commission merchant, consignee, independent contractor or representative of the f. Welfare or public relief agency; same general character. g. School board; 4. Joint powers entity means an operating entity created by two or more governmental units h. Airport commission; or entering into an agreement as provided by statute for the joint exercise of govermnental powers. An i. Joint powers entity. intergovernmental agreement will be deemed to create a joint powers entity if the agreement 3. Employee means: establishes a board with the effective power to do any of the following, regardless of whether the a. A person whom you compensate directly by specific consent of the constituent governmental salary, wages or commissions and who you have units may also be required: the right to direct or control while performing duties for you; a. To receive and expend funds; LMCIT MPCB(11-99)(Rev. 11-01) Page 2 of 6 b. To enter into contracts; 8. Our means the League of Minnesota Cities Insurance Trust. • c. To hire employees; 9. Property other than money and securities means d. To purchase or otherwise acquire and hold real any tangible property that has intrinsic value. or personal property; or 10. Securities means negotiable and nonnegotiable e. To sue or be sued. instruments or contracts representing either money or other property and includes: 5. LMCIT means the League of Minnesota Cities Insurance Trust. a. Tokens, tickets, revenue and other stamps (whether represented by actual stamps or unused 6. Money means: value in a meter) in current use; and a. Currency, coins, and bank notes in current use b. Evidences of debt issued in connection with and having a face value; and credit or charge cards,which cards are not issued by you; b. Travelers checks, register checks and money orders held for sale to the public. but does not include money. 7. Occurrence means all loss caused by an employee, 11. Us means the League of Minnesota Cities whether the result of a single act or series of acts. Insurance Trust. The date of the occurrence is the date on which 12. We means the League of Minnesota Cities the single act is alleged to have taken place. If the Insurance Trust. loss or damages are alleged to have arisen from a series of acts, the date of occurrence is deemed to 13. You means the city shown in the Declarations. be the date when the first such wrongful act took place or is alleged to have taken place. 14. Your means the city shown in the Declarations. SECTION V - CONDITIONS 1. CANCELLATION AS TO ANY The mailing of notice to you at the last mailing EMPLOYEE address known to us will be sufficient proof of notice. Delivery of notice is the same as mailing. We reserve the right to cancel the covenant as to any employee: 2. COVENANT PERIOD a. Immediately upon discovery by you or any official a. The covenant period is shown in the Declarations. or employee authorized to manage, govern or control your employee, of any act on the part of an b. Subject to the loss sustained during prior insurance employee whether before or after becoming condition, we will pay only for loss that you employed by you which would constitute a loss sustain through acts committed or events covered under the terms of this covenant. occurring during the covenant period. b. On the date specified in a notice mailed to you. 3. DISCOVERY PERIOD FOR LOSS That date will be at least 30 days after the date of We will pay only for covered loss discovered no later mailing. than one year from the end of the covenant period. • LMCIT MPCB(11-99)(Rev. 11-01) Page 3 of 6 4. DUTIES IN THE EVENT OF LOSS 8. LOSS COVERED UNDER THIS COVENANT AND PRIOR COVENANT After you discover a loss or a situation that may ISSUED BY US • result in loss as provided by each bond coverage form that is designated in the Declarations, you must: If any loss is covered: a. Notify us as soon as possible. a. Partly by this covenant, and b. Submit to examination under oath at our request b. Partly by the prior canceled or terminated and give us a signed statement of your answers. covenant that we had issued to you or any predecessor in interest, the most we will pay is the c. Give us a detailed, sworn proof of loss within 120 larger of the amount recoverable under this days. covenant or the prior covenant. d. Cooperate with us in the investigation and 9. LOSS SUSTAINED DURING PRIOR settlement of any claim. INSURANCE 5. INDEPENDENT RIGHT OF RECOVERY a. If you or any predecessor in interest sustained loss during the period of any prior insurance that you We have an independent right of recovery against any or the predecessor in interest could have employee for any loss due to the employee's recovered under that insurance, except that the malfeasance, willful neglect of duty or bad faith. time within which to discover loss had expired, we will pay for it under this covenant provided: 6. LEGAL ACTION AGAINST US (1) This covenant became effective at the time of You may not bring any legal action against us cancellation or termination of the prior insurance, involving loss: and; a. Unless you have complied with all the terms of (2) The loss would have been covered by this this covenant; and covenant had it been in effect when the acts or events causing the loss were committed or b. Until 90 days after you have filed proof of loss occurred. with us; and b. The coverage under this condition is part of, not c. Unless brought within 2 years from the date you in addition to, the limits of coverage applying to discover the loss. this covenant and is limited to the lesser of the amount recoverable under: 7. LOSS COVERED UNDER MORE THAN ONE COVERAGE OF THIS COVENANT (1) This covenant as of its effective date; or If two or more coverages of this covenant apply to (2) The prior insurance had it remained in effect. the same loss, we will pay the lesser of: 10. NON-CUMULATION OF LIMIT OF a. The actual amount of loss; or COVERAGE b. The sum of the limits of coverage applicable to Regardless of the number of years this covenant that loss. remains in force or the number of premiums paid, no limit of coverage cumulates from year to year or period to period. LMCIT MPCB(11-99)(Rev. 11-01) Page 4 of 6 11. OTHER INSURANCE occurring within the United States of America, U.S. Virgin Islands, Puerto Rico, Canal Zone, or Canada This covenant does not apply to loss recoverable or and while temporarily outside this territory for a 40ecovered under other insurance or indemnity. period not more than 90 days. However, if the limit of the other insurance or indemnity is insufficient to cover the entire amount of 15. TRANSFER OF YOUR RIGHTS OF the loss, this covenant will apply to that part of the RECOVERY AGAINST OTHERS TO US loss, other than that falling within any Deductible amount, not recoverable or recovered under the other You must transfer to us all your rights of recovery insurance or indemnity. However,this covenant will against any person or organization for any loss you not apply to the amount of loss that is more than the sustained and for which we have paid or settled. You applicable limit of coverage shown in the must also do everything necessary to secure those Declarations. rights and do nothing after loss to impair them. 12. RECORDS 16. VALUATION - SETTLEMENT You must keep records of all money, securities, and a. Subject to the applicable limit of coverage property other than money and securities; and provision, we will pay for: provide any other reasonably obtainable information so we can verify the amount of any loss. (1) Loss of money, but only up to and including its face value. We may, at our option, pay for 13. RECOVERIES loss of money issued by any country other than the United States of America: a. Any recoveries, less the cost of obtaining them, made after settlement of loss covered by this (a) At face value in the money issued by that covenant, will be distributed as follows: country; or (1) To you, until you are reimbursed for any loss (b) In the United States of America dollar that you sustain that exceeds the limit of coverage equivalent determined by the rate of exchange and the Deductible amount, if any; on the day the loss was discovered. (2) Then to us until we are reimbursed for the (2) Loss of securities, but only up to and settlement made; including their value at the close of business on the day the loss was discovered, we may, at our (3) Then to you until you are reimbursed for that option: part of the loss equal to the Deductible amount, if any. (a) Pay the value of such securities or replace them in kind, in which event you must assign b. Recoveries do not include any recovery: to us all your rights, title and interest in and to those securities; (1) From insurance, suretyship, reinsurance, security or indemnity taken for our benefit; or (b) Pay the cost of any Lost Securities Bond required in connection with issuing duplicates (2) Of original securities after duplicates of them of the securities. have been issued. However, we will be liable only for the 14. TERRITORY payment of so much of the cost of the bond as would be charged for a bond having a penalty This covenant covers only acts committed or events not exceeding the lesser of the: • LMCIT MPCB(11-99)(Rev. 11-01) Page 5 of 6 I ' i) Value of the securities at the close of We may, at our option, pay the actual cash value ' business on the day the loss was of the property or repair or replace it. discovered; or If we cannot agree with you upon the actual cash • ii) Limit of coverage. value or the cost of repair or replacement, the value or cost will be determined by arbitration. (c) Loss of, or loss from damage to,property other than money and securities, or loss from b. We may, at our option, pay for loss of, or loss damage to the premises for not more than the: from damage to, property other than money: i) Actual cash value of the property on (1) In the money of the country in which the loss the day the loss was discovered; occurred; or ii) Cost of repairing the property or (2) In the United States of America dollar premises; or equivalent of the money of the country in which the loss occurred determined by the rate of iii) Cost of replacing the property with exchange on the day the loss was discovered. property of like kind and quality. c. Any property that we pay for or replace becomes our property. • S LMCIT MPCB(11-99)(Rev. 11-01) Page 6 of 6 PROPERTY IN THE OPEN ENDORSEMENT This Endorsement modifies coverage provided under the Municipal Property Coverage. . # Location Occupancy Property in the Open 18 CITY WIDE VARIOUS OUTDOOR SIRENS A. Sec tion VII - Definition s property i n the open is amended to read as described above for each location. All other terms and conditions remain unchanged. • MPCB-110 (11/01) LEAGUE OF MINNESOTA CITIES INSURANCE TRUST SCHEDULE OF COVERED PROPERTY LMC Covenant#: CMC 22977 League of Minnesota Cities • Cities promoting excellence OAK PARK HEIGHTS, CITY OF J C ERAGE AT EACH OF THE BELOW LOCATIONS APPLIES ONLY FOR BUILDING/CONTENTS/ PROPERTY IN THE OPEN OR BUILDERS RISK PROPERTY DESCRIBED AND FOR THE *SECTION IV - WATER AND SUPPLEMENTAL FLOOD COVERAGES INDICATED. **Type of ***Section IV-Water I Covered and Supplemental Loc# Location Occupancy ; Property Flood Coverage : 1 j 14168 OAK PARK BLVD N CITY HALL/GARAGE j B ; Code C ■ 1 1 1 j 2 j 58TH&NORELL WATER TOWER&WELL j B j Code C 1 1 I 1 j 3 j 14168 OAK PARK BLVD N WATER TOWER&WELL B ; Code C ■ j 4 j BREKKE PARK SHELTER j B j Code C I I 1 1 5 i 13425 60TH STREET j LIFT STATION I B j Code C I I 6 14168 OAK PARK BLVD N i PUMP HOUSE#3 j B ; Code C 1 I I 1 j 7 SWAGER PARK SHELTER i B Code C 1 1 1 1 1 j 8 COVER PARK RECREATION BUILDING B ; Code C 1 1 1 I j 9 VALLEY VIEW PARK SHELTER B j Code C I a1 BEADETTE ON LOOKOUT TRAIL j LIFT STATION B i Code C I 1 1 1 i 11 SUNYSIDE MARINA i LIFT STATION B ; Code C I I I I I I 12 i 14200 53RD STREET j LIFT STATION j B ; Code C I I 1 1 1 1 j 13 14168 OAK PARK BLVD N CITY HALL PIO i Code C I I 1 1 j 14 i SWAGER PARK j PARK P I O ; Code C I 1 1 1 i I j 15 1 COVER PARK j PARK P I O Code C I 1 1 1 I 16 VALLEY VIEW PARK j PARK P I O ; Code C 1 1 1 1 17 j BREKKE PARK i PARK ; P I O ; Code C I 1 1 1 1 i I *The limit of coverage for Section IV-Water and Supplemental Coverage is$500,000 per occurrence/500,000 Annual Aggregate **B = Building / Contents **PIO = Property in the Open **BR = Builders Risk Property * A:LMCIT Water and Supplemental Flood Coverage applies with no additional exclusions. *** ode B:LMCIT Water and Supplemental Flood Coverage applies in addition to and in excess of the applicable National Flood Insurance Program Coverage. ***Code C:LMCIT Water and Supplemental Flood Coverage excludes damages from any occurrence for which any loss or any damage would be payable under a National Flood Insurance Program Coverage. PM-100(11/95)(Rev 11/01) LEAGUE OF MINNESOTA CITIES INSURANCE TRUST SCHEDULE OF COVERED PROPERTY r LMC Covenant#: CMC 22977 League of Minnesota Cities Cities promoting excellence OAK PARK HEIGHTS, CITY OF J C ERAGE AT EACH OF THE BELOW LOCATIONS APPLIES ONLY FOR BUILDING/CONTENTS/ I PROPERTY IN THE OPEN OR BUILDERS RISK PROPERTY DESCRIBED AND FOR THE *SECTION IV - WATER AND SUPPLEMENTAL FLOOD COVERAGES INDICATED. **Type of ; ***Section IV-Water Covered ; and Supplemental Loc# Location Occupancy Property ; Flood Coverage j 18 i CITY WIDE VARIOUS j P I O ; Code C I 19 i 5810 NORELL AVE.N i PUMP HOUSE#2 B i Code C ■ 20 KERN CENTER,5500 STILLWATER BLVD j LIFT STATION&FORCE MAIN B Code C j 21 58TH ST. j AUTUMN HILLS PARK ; P I O ; Code C • *The limit of coverage for Section IV-Water and Supplemental Coverage is$500,000 per occurrence/500,000 Annual Aggregate **B = Building / Contents **PIO = Property in the Open **BR = Builders Risk Property * •A:LMCIT Water and Supplemental Flood Coverage applies with no additional exclusions. *** ode B:LMCIT Water and Supplemental Flood Coverage applies in addition to and in excess of the applicable National Flood Insurance Program Coverage. ***Code C:LMCIT Water and Supplemental Flood Coverage excludes damages from any occurrence for which any loss or any damage would be payable under a National Flood Insurance Program Coverage. PM-100(11/95)(Rev 11/01) LEAGUE OF MINNESOTA CITIES INSURANCE TRUST MC ' SCHEDULE OF COVERED MOBILE PROPERTY League of Minnesota Cities • Cities promoting excellence J Covenant#: CMC 22977 CITY: OAK PARK HEIGHTS COVERAGE APPLIES TO MOBILE PROPERTY VALUED AT REPLACEMENT COST VALUES OF $25,000 OR LESS PER ITEM IF IDENTIFIED AS COVERED AND TO MOBILE PROPERTY THAT HAVE REPLACEMENT COST VALUES GREATER THAN $25,000 PER ITEM THAT ARE LISTED. COVERED/NOT COVERED A. MOBILE PROPERTY VALUED AT$25,000 OR LESS COVERED B. MOBILE PROPERTY VALUED AT GREATER THAN $25,000 Description of Mobile Property Serial No. (Make, Model and Year) 1 1995 CATERPILLAR XQ225 PORTABLE GENERATOR SET, 8JJ00226 is $51,639. Illy 2 2000 CASE 621 WHEEL LOADER 112822 JEE0123895 3 4 5 6 7 8 9 10 11 12 13 •14 15 PM-109(11/97) Page 1 of 1 Covenant Number: MUNICIPAL LIABILITY DECLARATIONS CMC 22977 Coverage is Provided by: THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST LMC (Herein called LMCIT) League of Minnesota Cities CITY: OAK PARK HEIGHTS, CITY OF Cities promot�g excellence Item 2. COVERAGE PERIOD: One Year From: 07/07/02 To: 07/07/03 12:01 A.M. Standard Time at Mailing Address Indicated on Common Coverage Declarations Item 3. THE COVERED PARTY IS: CITY x , Item 4. COVERAGE: IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS COVENANT,LMCIT AGREES WITH THE COVERED PARTY TO PROVIDE THE COVERAGE AS STATED IN THIS COVENANT, SUBJECT TO THE FOLLOWING LIMITS: EACH OCCURRENCE LIMIT $ 1,000,000 PRODUCTS & COMPLETED OPERATIONS ANNUAL AGGREGATE LIMIT $ 1,000,000 FAILURE TO SUPPLY ANNUAL AGGREGATE LIMIT $ 1,000,000 EMF ANNUAL AGGREGATE LIMIT $ 1,500,000 FIRE DAMAGE LIMIT $ 50,000 MEDICAL EXPENSE LIMIT $ 1,000/$10,000 occurrence/Aggregate LIMITED POLLUTION LIABILITY *$ 1,000,000 Per"Sudden Occurrence"! $1,000,000 Annual Aggregate LEAD OR ASBESTOS CLAIM LIMIT *$ 200,000 Per Claim/$200,000 Annual Aggregate LAND USE,DEVELOPMENT OR *$ 1,000,000 Annual Aggregate FRANCHISE LITIGATION YEAR 2000 CLAIM *$ 25,000 Per Claim/$25,000 Annual Aggregate *Limit includes loss, loss adjustment expense, and legal defense costs Item 5. MUNICIPAL LIABILITY DEDUCTIBLE: (Subject to General Annual Aggregate Deductible, if any, shown on Common Coverage Declarations) $ 500 Per Occurrence Item 6. RETROACTIVE DATES: MUNICIPAL LIABILITY RETROACTIVE DATE: 07/07/87 LIMITED POLLUTION LIABILITY CLAIM RETROACTIVE DATE: 05/24/88 LEAD OR ASBESTOS CLAIM RETROACTIVE DATE: 07/07/93 Item 7. ENDORSEMENTS ATTACHED TO THIS COVERAGE PART: CMC(11-01) ME066(11-01) MGL-1(01-95) O LMCIT DEC-013(11/86)(Rev.11/99) Y � COMPREHENSIVE MUNICIPAL COVERAGE • Various provisions in this covenant restrict coverage. SECTION II - WHO IS COVERED. Read the entire coverage agreement carefully to determine rights, duties and what is and is not covered. Other words and phrases that appear in italics have special meaning, as given in SECTION The words city and covered party are defined under IV - DEFINITIONS. SECTION I - COVERAGES COVERAGE A. MUNICIPAL 2. CLAIM AND OCCURRENCE DATES LIABILITY COVERAGE (CLAIMS MADE BASIS) a. For any claim for damages, the date of the occurrence shall be deemed to be as follows: 1. COVERAGE AGREEMENT (1) For claims for bodily injury or property a. Except as otherwise provided in this damage, the date of the occurrence is the date agreement, LMCIT will pay on behalf of the on which the bodily injury or property damage first took place or is alleged to have taken covered party all sums which the covered party shall become legally obligated to pay as place. damages as a result of an occurrence, if the (2) For any other claim for damages, the date following conditions are met: of the occurrence is the date on which the • (1) The claim for such damages must be first wrongful act giving rise to the claim for made against the covered party during the damages took place or is alleged to have taken place. If the damages are alleged to have coverage period; and arisen from a series of wrongful acts, the date (2) The date of the occurrence giving rise to of the occurrence is deemed to be the date the claim for damages must be on or after the when the first such wrongful act took place or retroactive date, if any, shown in the is alleged to have taken place. Declarations; and If both(1) and(2) apply to claims for damages arising from a single occurrence, the date of (3) The occurrence must have taken place in the occurrence is the earlier of the dates the coverage territory. defined by (1) and (2), respectively. b. LMCIT will have the right and duty to defend b. For any claim for damages, the date the claim any such claim or suit seeking damages. is made is deemed to be as follows: s f 11 s: LMCIT may, at its discretion, investigate any actual or potential claim; and unless the city (1) For any employment liability claim, the has given notice as provided in SECTION VI- claim is deemed to have been made on the CONDITIONS, 7., LMCIT may settle any claim or suit. earliest of: (a) The date the claimant files a charge c. The amount LMCIT will pay for damages is with the Federal Equal Employment limited as described in SECTION III-LIMITS OF COVERAGE. Opportunity Commission, the • Commissioner of the Minnesota LMCIT CMC(11-86)(Rev. 11-01) Page 1 of 21 Department of Human Rights, or a local This exclusion applies: Human Rights Commission as defined in Minnesota Statute §363.01, subd. 23, (1) Whether the city may be liable as an whichever comes first; or employer or in any other capacity; and (b) The date when notice of claim for (2) To any obligation to share damages with or damages is received by any covered party repay someone else who must pay damages or by LMCIT, whichever comes first. because of the injury. (2) For any other claim for damages, the claim This exclusion does not apply to liability is deemed to have been made when notice of assumed by the covered party under a covered such claim is received and recorded by any contract. covered party or by LMCIT, whichever comes first. d. Any loss, cost, or expense arising out of any direction demand, or request by the (3) All claims for damages arising from a government or any other entity that the city or single occurrence will be deemed to have been any other entity test for, monitor, clean up, made at the time the first of those claims is remove, contain, treat, detoxify or neutralize made against any covered party. pollutants; or 3. EXCLUSIONS Damages arising out of the actual, alleged or threatened discharge, dispersal, seepage, This coverage does not apply to: migration, release or escape of pollutants: a. Damages for which the covered party is liable (1) At or from premises the city owns, rents, by reason of the assumption of liability in a leases, uses, or occupies, and premises the city contract or agreement. This exclusion does not no Ionger owns, rents, leases, uses, or apply to liability for damages: occupies; (1) Assumed in a contract or agreement that is (2) At or from any landfill, dump, or other site a covered contract; or or location presently or formerly used by or for the city or others for the handling, storage, (2) The covered party would have in the disposal,processing or treatment of pollutants; absence of the contract or agreement. (3) Which are or were at any time transported, b. Damages for which the covered party may be handled, stored, treated, disposed of, or liable by reason of the Minnesota Civil processed as waste by or for the city or any Damages Act (M.S. 340A.801-340A.802), or person or organization for whom the city may any other law governing liability for illegal be legally responsible; or sales of alcoholic beverages. (4) At or from any site or location on which c. Bodily injury to: the city or any contractors or subcontractors working directly or indirectly on the city's (1) An employee of the city arising out of and behalf are or have been performing operations: in the course of employment by the city; or (a) If the pollutants are brought on or to (2) Damages to the spouse, child, parent, the site or location in connection with such brother or sister of that employee as a operations; or consequence of(1) above. • LMCIT CMC(11-86)(Rev. 11-01) Page 2 of 21 (b) If the operations are to test for, covered party. monitor, clean up, remove, contain, treat, detoxify or neutralize the pollutants. f. Damages due to war, whether or not declared, or any act or condition incident to war. War This exclusion does not apply to any of the includes civil war, insurrection, rebellion or following: revolution. (1) Any limited pollution liability claim. g. Property damage to: (2) Any claim arising out of the discharge or (1) Property the city owns, rents, or occupies; dispersal of mace, tear gas or similar agent, if such discharge was for the purpose of (2) Premises the city sells, gives away or protecting persons or property or incident to an abandons, if the property damage arises out of arrest. any part of those premises; (3) Any lead or asbestos claim, unless the (3) That particular part of real property on actual, alleged, or threatened discharge, which the city or any contractors or dispersal, release, escape,use, distribution, or subcontractors working directly or indirectly handling of lead or asbestos took place at or on the city's behalf are performing operations, from any landfill, dump, or other site or if the property damage arises out of those location presently or formerly used by or for operations; or the city or others for the handling, storage, disposal,processing or treatment of pollutants. (4) Work performed by or on behalf of the city arising out of your work or any portion (4) Any damages arising out of heat, smoke, thereof, or out of materials,parts or equipment or fumes from a hostile fire. A hostile fire is a furnished in connection therewith. fire which becomes uncontrollable or breaks out from where it was intended to be. (5) Your product arising out of it or any part of it. e. Damages arising out of the ownership, maintenance, use or entrustment to others of Paragraphs (3) and (4) of this exclusion do not any aircraft, auto or watercraft owned or apply to liability assumed under a sidetrack operated by or rented or loaned to any covered agreement. party. Use includes operation and loading or unloading. This exclusion does not apply to property damage by fire to premises rented to the city. This exclusion does not apply to: A separate limit of coverage applies to this coverage as described in SECTION III - (1) A watercraft while ashore on premises the LIMITS OF COVERAGE. city owns or rents; h. Damages claimed for any loss, cost or expense (2) A watercraft that is: incurred by the city or others for the loss of use, withdrawal, recall, inspection, repair, (a) Less than 26 feet long; and replacement, adjustment, removal or disposal of: (b) Not being used to carry persons or property for a charge; (1) Your product; (3) Parking an auto on, or on the ways next to, (2) Your work; or Ipremises the city owns or rents, provided the auto is not owned by or rented or loaned to the (3) Impaired property; LMCIT CMC(11-86)(Rev. 11-01) Page 3 of 21 if such product, work, or property is immunizations to city employees or withdrawn or recalled from the market or from volunteers. use by any person or organization because of a known or suspected defect, deficiency, (6) Pharmacist. inadequacy or dangerous condition in it. m. Damages arising out of the failure or bursting i. Bodily injury to any volunteer while acting on of any: behalf of the city if the volunteer is an employee within the meaning of a workers' (1) Class I or Class II dam as classified by the compensation law or similar law, or is covered Commissioner of the Department of Natural under a voluntary endorsement to a workers' Resources pursuant to Minnesota Rules compensation insurance policy. §6115.0340; or j. Damages for bodily injury,property damage or (2) Any dike, levee or similar structure. personal injury arising out of the city's ownership, operation or maintenance of any n. Damages arising out of the city's ownership, airport. sponsorship or operation of: k. Damages for bodily injury,property damage or (1) Motorized amusement devices, if the personal injury arising out of the city's power supply motor is rated at greater than 5 ownership, operation or maintenance of any horsepower; hospital, nursing home or medical clinic. (2) Any mobile equipment, automobile, 1. Damages arising out of the rendering of or snowmobile or motorcycle in any racing, failure to render professional services by any pulling, pushing, speed, or demolition contest professional listed below: or in any stunting activity; (1) Attorney, unless the attorney is an (3) Rodeos; or employee of the city and not an independent contractor, and the professional services are (4) Fireworks displays or exhibitions. within the scope of the attorney's duties as a city employee, including professional services o. Damages arising from or relating to the performed for any of the city's boards, detention or confinement of any person(s) in commissions, authorities or agencies, or joint any jail, holding cell or similar detention powers entities in which the city participates. facility, which the city owns, operates or maintains, if the date of the occurrence causing (2) Architect. such damages takes place after a continuous detention or confinement period of 30 days, or (3) Doctor of medicine. in any detention facility which is intended and regularly used for confinement of persons for (4) Dentist. periods in excess of 30 days. (5) Nurse, except that this exclusion shall not p. Damages arising out of the activities of any of apply to: the following city boards, commissions, or agencies: (a) Claims arising from the nurse's activities in the capacity of an emergency (1) Gas, electrical or steam utilities medical technician or first responder; or commission; (b) Claims arising from the nurse's (2) Port authority, housing and redevelopment activities in administering vaccinations or authority, economic development authority, LMCIT CMC(11-86)(Rev. 11-01) Page 4 of 21 area or municipal redevelopment authority, or arises out of a condition in the covered premises. similar agency; 2. EXCLUSIONS (3) Municipal power agency; or LMCIT will not pay expenses for bodily injury: (4) Municipal gas agency, a. Arising out of the operation or use of any unless such board, commission, authority, or snowmobile or trailer designed for use agency is named in the Declarations, in which therewith; case the city will also be covered to the extent of coverage provided under this covenant to b. Included within the products-completed the named board, commission, authority or operations hazard; agency for damages arising out of the activities of the respective named board, commission, c. Arising out of operations performed for the authority or agency. city by an independent contractor other than: q. Damages arising out of the activities of a joint (1) Maintenance and repair of the covered powers entity in which the city is a member premises; or unless the joint powers entity is named in the Declarations. (2) Structural alterations at such premises which do not involve changing the size of or r. Damages arising out of condemnation, inverse moving buildings or other structures; condemnation, adverse possession, or dedication by adverse use. This exclusion does d. To any tenant or other person regularly not apply to any claim for taking of property residing on the covered premises; wherein the taking of property is incident to an II arrest or for the purpose of protecting persons e. To any other tenant if the bodily injury occurs or property in an emergency. on that part of the covered premises rented from the city; s. Any criminal proceedings or proceedings under the open meeting law against any f. To any person while engaged in maintenance covered party. and repair of the covered premises or alteration, demolition or new construction at t. Damages with respect to any claim(s) made by such premises; LMCIT or the city against any other covered party. g. To any person practicing, instructing or participating in any physical training, sport, u. Any claim for damages asserted in any land athletic activity or contest whether on a formal use, development or franchise litigation, or informal basis; COVERAGE B. MEDICAL AND h. To a member or guest of any club, tourist RELATED PAYMENTS court or trailer park operated or owned by the city; or 1. COVERAGE AGREEMENT i. For any injury for which the injured party has LMCIT will pay to or for each person who sustains received or is entitled to receive workers' bodily injury caused by accident all reasonable compensation benefits. medical and related expense incurred within one year from the date of the accident as a result of The exclusions of the MUNICIPAL LIABILITY ch bodily injury, provided such bodily injury COVERAGE PART(COVERAGE A)also apply to this Coverage Part as respects bodily injury. LMCIT CMC(11-86)(Rev. 11-01) Page 5 of 21 3. ADDITIONAL DEFINITIONS applies, caused by an occurrence and arising out of the ownership, maintenance or use, including When used herein: loading or unloading, of any automobile. This coverage applies only to bodily injury or property Covered premises means all premises owned or damage which occurs during the coverage period rented to the city with respect to which the city is and within the covered territory. afforded coverage for bodily injury liability under this covenant, and includes the ways immediately LMCIT will have the right and duty to defend any adjoining on land;however, covered premises does suit seeking those damages. However: not include streets, sidewalks, or boulevards that do not abut a city owned building or city owned a. The amount LMCIT will pay for damages is parking lot. limited as described in SECTION III-LIMITS OF COVERAGE. Medical and related expense means expenses for necessary medical, surgical, x-ray and dental b. LMCIT may, at its discretion, investigate any services, including prosthetic devices, necessary occurrence and settle any claim or suit that ambulance, hospital, professional nursing and may result. funeral services, and replacement or repair of damaged eye glasses or clothing. 2. EXCLUSIONS 4. ADDITIONAL CONDITION MEDICAL This coverage does not apply to: REPORTS; PROOF AND PAYMENT OF CLAIM a. Any obligation for which the covered party or any carrier as his insurer may be held liable As soon as practicable, the injured person or under any workers' compensation, someone on his behalf shall give to LMCIT written unemployment compensation or disability proof of claim, under oath if required, and shall, benefits law, or under any similar law. after each request from LMCIT, execute authorization to enable LMCIT to obtain medical b. Any liability the city may have for bodily reports and copies of records. The injured person injury to: shall submit to physical examination by physicians selected by LMCIT when and as often as LMCIT (1) An employee of the city arising out of and may reasonably require. LMCIT may pay the in the course of employment by the city; or injured person or any person or organization rendering the services, and the payment shall (2) Damages to the spouse, child, parent, reduce the amount payable hereunder for such brother or sister of that employee as a injury. Payment hereunder shall not constitute an consequence of(1) above. admission of liability of any covered party or of LMCIT. This exclusion applies: COVERAGE C. AUTOMOBILE (1) Whether the city may be liable as an LIABILITY - BODILY INJURY AND employer or in any other capacity; and PROPERTY DAMAGE (2) To any obligation to share damages with or repay someone else who must pay damages 1. COVERAGE AGREEMENT because of the injury. LMCIT will pay on behalf of the covered party all This exclusion does not apply to liability sums which the covered party shall become legally assumed by the covered party under a covered obligated to pay as damages because of bodily contract. injury or property damage to which this coverage LMCIT CMC(11-86)(Rev. 11-01) Page 6 of 21 c. Property damage to property owned by the This exclusion does not apply to any of the covered party. following: . Bodily injury due to war, whether or not (1) Any limited pollution liability claim. declared, civil war, insurrection, rebellion or revolution or to any act or condition incident to (2) Any claim arising out of the discharge or any of the foregoing; dispersal of mace, tear gas or similar agent, if such discharge was for the purpose of e. Any loss, cost, or expense arising out of any protecting persons or property or incident to an direction, demand, or request by the arrest. government or any other entity that the city or any other entity test for, monitor, clean up, (3) Any lead or asbestos claim unless the remove, contain, treat, detoxify or neutralize actual, alleged, or threatened discharge, pollutants; or dispersal, release, escape, use, distribution, or handling of lead or asbestos took place at or Damages arising out of the actual, alleged or from any landfill, dump, or other site or threatened discharge, dispersal, seepage, location presently or formerly used by or for migration, release or escape of pollutants: the city or others for the handling, storage, disposal,processing or treatment of pollutants. (1) At or from premises the city owns, rents, Ieases, uses, or occupies, and premises the city (4) Any damages arising out of heat, smoke, no longer owns, rents, leases, uses, or or fumes from a hostile fire. A hostile fire is a occupies; fire which becomes uncontrollable or breaks out from where it was intended to be. (2) At or from any landfill, dump, or other site or location presently or formerly used by or f. Liability assumed under any contract or for the city or others for the handling, storage, agreement,but this exclusion does not apply to disposal,processing or treatment of pollutants; liability assumed under a covered contract. (3) Which are or were at any time transported, 3. ADDITIONAL DEFINITIONS handled, stored, treated, disposed of, or processed as waste by or for the city or any These additional definitions apply for purposes of person or organization for whom the city may COVERAGE C: be legally responsible; or Automobile business means the business or (4) At or from any site or location on which occupation of selling, repairing, servicing, storing the city or any contractors or subcontractors or parking automobiles; working directly or indirectly on the city's behalf are or have been performing operations; Hired automobile means an automobile not owned by the city which is used under contract on (a) If the pollutants are brought on or to behalf of, or loaned to, the city. the site or location in connection with such operations; or Owned automobile means an automobile owned by the city. (b) If the operations are to test for, monitor, clean up, remove, contain, treat, Trailer includes semi-trailer but does not include detoxify or neutralize the pollutants. mobile equipment. LMCIT CMC(11-86)(Rev. 11-01) Page 7 of 21 COVERAGE D. LAND USE, 2. LITIGATION MANAGEMENT DEVELOPMENT OR FRANCHISE LITIGATION For any land use, development or franchise litigation, legal counsel will be selected by mutual 1. COVERAGE AGREEMENT agreement of the city and LMCIT. If LMCIT and the city are not able to agree on Except as provided below, for any land use, selection of counsel, LMCIT will provide a list of development or franchise litigation which is first five attorneys experienced in land use, filed or served by or against the city or a city development or franchise litigation matters; and the officer or employee during the annual coverage city will select legal counsel from that list. period of this agreement, LMCIT will pay the following on the city's behalf: A land use, development or franchise litigation a. 100% of the first $50,000 of litigation costs suit may not be settled without the approval of both which are incurred after the litigation has been LMCIT and the city. reported to LMCIT; 85% of the next $200,000 3. SPECIAL PROVISIONS -INTER-CITY of litigation costs incurred after the litigation LITIGATION has been reported to LMCIT; and 60% of any litigation costs in excess of$250,000 which are incurred after the litigation has been reported The following special provisions shall apply only to LMCIT; and to coverage for any land use, development or franchise litigation in which 1) the opposing b. 50% of any litigation costs which the city litigant is also a member of the LMCIT property/ incurs prior to reporting the litigation to casualty program; and 2) the litigation is also a LMCIT; and covered claim for the opposing litigant under COVERAGE D of the opposing litigant's LMCIT c. 85% of any damages which the city shall be municipal liability coverage: required to pay. a. Legal counsel will be selected as provided This coverage shall not apply to any land use, above, but LMCIT will not otherwise development or franchise litigation which is first participate in the management of the litigation. reported to LMCIT more than one year after the date on which the litigation was first filed or b. Any settlement of the litigation involving a served by or against the city or a city officer or payment of damages must be approved by employee. LMCIT. The amount LMCIT will pay for damages and c. The percentage LMCIT will pay of any litigation costs for land use, development or litigation costs or damages will be one-half of franchise litigation covered under this section is the percentages specified in COVERAGE D. limited as described in SECTION III-LIMITS OF LAND USE,DEVELOPMENT OR FRANCHISE COVERAGE. LITIGATION, 1.COVERAGE AGREEMENT. The amount LMCIT pays for damages or litigation d. LMCIT's total liability to the city for litigation costs for land use, development or franchise costs and damages for the litigation shall not litigation is subject to the Municipal Liability exceed $500,000. This does not increase the Deductible shown in the Municipal Liability annual aggregate limit as described in Declarations or the General Annual Aggregate SECTION III- LIMITS OF COVERAGE, 11. Deductible, if any, shown in the Common Coverage Declarations. LMCIT CMC(11-86)(Rev. 11-01) Page 8 of 21 SECTION II - WHO IS COVERED . City means the city or other governmental body excluding independent contractors; or entity first named in the Declarations. Unless specifically named in the Declarations, (7) City relief association and its members, city shall not include any of the following: officers, and employees; or a. Gas, electrical or steam utilities (8) Person while acting in the commission; administrative capacity of medical director or medical advisor to the city ambulance b. Port authority, housing and redevelopment service. authority, economic development authority, area or municipal redevelopment authority or c. With respect to a joint powers entity named similar agency; in the Declarations: c. Municipal power agency; (1) The joint powers entity; d. Municipal gas agency; (2) While acting on behalf of the joint powers entity, or with respect to liability e. Welfare or public relief agency; arising out of the activities of the joint powers entity, any present or former: f. School board; or (a) Governmental member of the joint g. Joint powers entity. powers entity; iFor purposes of COVERAGE A and (b) Elected or appointed official of the COVERAGE D, covered party means: governmental member; a. The city,and any other entity named in the (c) Employee of the governmental Declarations; member; or b. For actions within his duties as such, any (d) Other authorized person or agent of present or former: the governmental member, but excluding independent contractors. (1) Member of the city council; 3. For purposes of COVERAGE C, covered party (2) Member of a city board, commission, means: or committee which is not excluded by the definition of city; a. The city, and any other entity named in the Declarations with respect to any automobile; (3) Elected or appointed official of the city; b. Any present or former elected or appointed official, employee or volunteer of the city with (4) Employee of the city; respect to any automobile while such automobile is or was being used in the business (5) Volunteer person or organization while of the city; acting on behalf of the city and subject to the city's direction and control; c. Any person or organization from whom a covered party hires or borrows a trailer which (6) Other authorized person or agent of the is connected to an owned automobile; city while acting on behalf of the city, but LMCIT CMC(11-86)(Rev. 11-01) Page 9 of 21 d. Any other person while using an owned that is not a trailer. automobile or hired automobile only while such automobile is or was used in the business b. Any person while employed in or otherwise of the city. engaged in duties in connection with an automobile business, other than an automobile e. Any other person or organization but only business operated by the city. with respect to his or its liability because of acts or omissions of a covered party under a., c. Any person while loading or unloading an b., c. or d. above. automobile, other than: For purposes of COVERAGE C, none of the (1) A city officer, employee, or volunteer; following is a covered party: or a. Any person or organization from whom a (2) A lessee or borrower of an owned covered party hires or borrows an automobile automobile or their employees. SECTION III - LIMITS OF COVERAGE 1. The Limits of Coverage shown in the the products-completed operations hazard. Declarations and the rules below fix the most LMCIT will pay as damages under each 5. The Fire Damage Limit is the most LMCIT will coverage part regardless of the number of: pay under COVERAGE A for damages because of property damage to premises rented a. Covered parties; to the city arising out of any one fire. b. Claims made or suits brought; or 6. The Medical Expense Limit is the most LMCIT will pay under COVERAGE B for all medical c. Persons or organizations making claims or expenses because of bodily injury sustained by bringing suits. any one person, and the occurrence aggregate limit is the most LMCIT will pay under 2. LMCIT s maximum limit of liability for COVERAGE B for all medical expenses COVERAGES A and C combined shall be the because of bodily injury to two or more per occurrence or sudden occurrence limit persons resulting from one occurrence. shown in the Declarations whether the claim or claims fall under COVERAGE A, 7. The Limited Pollution Liability Annual COVERAGE C, or both. Aggregate Limit is the most LMCIT will pay for limited pollution liability claims during the 3. The Limits of Coverage shown in the annual coverage period. The Limited Pollution Declarations apply only to the damages under Liability Annual Aggregate Limit applies to the each Coverage Part in excess of the Municipal sum of damages and loss adjustment expense, Liability Deductible shown in the Municipal including litigation costs. Liability Declarations or the General Annual Aggregate Deductible, if any, shown in the 8. The Lead or Asbestos Claim Annual Aggregate Common Coverage Declarations, and the Limit is the most LMCIT will pay for lead or Limits of Coverage will be reduced by the asbestos claims during the annual coverage Deductible amount. period. The Lead or Asbestos Claim Annual Aggregate Limit applies to the sum of damages 4. The Products-Completed Operations Annual and loss adjustment expense, including defense Aggregate Limit is the most LMCIT will pay costs. under COVERAGE A for damages included in LMCIT CMC(11-86)(Rev. 11-01) Page 10 of 21 9: The Failure to. Supply Annual Aggregate or occurrences. Limit is the most LMCIT will pay for damages for failure to supply claims during the annual c. The amount LMCIT pays for damages, coverage period. defense costs, or loss adjustment expenses for year 2000 claims is subject to the Municipal 10. The EMF Annual Aggregate Limit is the most Liability Deductible shown in the Municipal LMCIT will pay for damages for EMF claims Liability Declarations or the General Annual during the annual coverage period. Aggregate Deductible, if any, shown in the Common Coverage Declarations. 11. LMCIT's total liability for litigation costs and damages for all land use, development or 13. LMCIT shall not be obligated under this franchise litigation which is first filed or covenant to pay any claim or judgment or to served against the city during the annual defend any suit after the applicable limit of coverage period of this agreement shall not LMCIT's liability under COVERAGES A or C exceed $1,000,000, regardless of the number has been exhausted by payment of judgments of suits, defendants, or claimants. or settlements or by tender to any excess carrier or excess coverage including excess 12. For any year 2000 claim, the following limits coverage provided by LMCIT. apply regardless of any other cause or event that contributes concurrently or in any 14. For any Annual Aggregate Limit shown in the sequence to the damages, costs or expenses: Declarations, the limit shall apply separately to each consecutive annual period and to any a. The liability of LMCIT for any year 2000 remaining period of less than 12 months, claim shall be limited to 85% of the incurred starting with the beginning of the coverage damages, defense costs, and loss adjustment period shown in the Declarations, unless the expenses. coverage period is extended after issuance for an additional period of less than 12 months. b. The amount LMCIT will pay for damages, In that case, the additional period will be defense costs, and loss adjustment expenses deemed part of the last preceding period for for year 2000 claims shall not exceed$25,000 purposes of determining the limits of regardless of the number of claims, claimants, coverage. SECTION IV - DEFINITIONS 1. Advertisement means a notice that is broadcast 3. Automobile(auto)means a land motor vehicle, or published to the general public or specific trailer or semi-trailer designed for travel on market segments about the city's goods, public roads, including any attached machinery products or services for the purpose of or equipment. But automobile does not include attracting customers or supporters. mobile equipment. 2. Aircraft means any aircraft, including engines, 4. Bodily injury means bodily injury, sickness or propellers, operating and navigating disease sustained by a person, including death instruments and radio equipment attached to or resulting from any of these at any time. usually attached to or carried on the aircraft, including component parts detached and not 5. Coverage territory means: replaced by other similar parts and tools therein which are standard for the make and a. The United States of America(including its type of aircraft. territories and possessions), Puerto Rico and 3 Canada; LMCIT CMC(11-86)(Rev. 11-01) Page 11 of 21 b. International waters or airspace, provided or surveyor assumes liability for injury or the injury or damages do not occur in the damages arising out of the city's rendering or course of travel or transportation to or from failing to render professional services, any place not included in a. above; or including those listed in a. above, and supervisory, inspection or engineering c. All parts of the world if: services; or (1) The injury or damage arises out of: c. That indemnifies any person or organization for damages by fire to premises (a) Goods or products made or sold by rented or loaned to the city. the city in the territory described in a. above; or 7. Damages means money damages, and includes awards for attorneys' fees with respect to (b) The activities of a person whose federal civil rights suits and state human rights home is in the territory described in a. suits. With respect to any land use, above, but is away for a short time on development or franchise litigation, damages the city's business; and also includes amounts the city is obligated to pay for loss of use of property during the time (2) The covered party's responsibility to prior to a final determination by the court that pay damages is determined in a suit on the enforcement of a land use, zoning, subdivision, merits, in the territory described in a. or similar ordinance or regulation constitutes a above or in a settlement LMCIT agrees to. taking of private property. 6. Covered contract means an indemnification of Damages does not include any of the a municipality as required by ordinance, or following: that part of any contract or agreement pertaining to the city's business under which a. Any obligation of a covered party under a the city assumes the tort liability of another to workers' compensation, disability benefits, or pay damages to a third person or organization, unemployment compensation law or any if the contract or agreement is made prior to similar law. the date of the occurrence giving rise to the damages. Tort liability means a liability that b. Exemplary damages or punitive damages would be imposed by law in the absence of any except punitive damages claimed or levied contract or agreement. against an officer, employee or volunteer of the city, provided that the officer, employee or Covered contract does not include that part of volunteer: any contract or agreement: (1) Was acting in the performance of the a. That indemnifies an architec t, engineer or duties of the position; and surveyor for injury or damages arising out of: (2) Was not guilty of malfeasance in (1) Preparing, approving or failing to office, willful neglect of duty, or bad faith. prepare or approve maps, drawings, opinions, reports, surveys, change orders, c. Fines or penalties imposed by law. designs or specifications; or d. Injunctive or equitable relief, or quasi- (2) Giving directions or instructions, or judicial or administrative orders. failing to give the same, if that is the primary cause of the injury or damages; e. Repayment of any tax, assessment, fee, or other charge that was wrongfully obtained, or b. Under which the city's architect, engineer any interest on, or any other amount claimed ty � g Y � Y LMCIT CMC(11-86)(Rev. 11-01) Page 12 of 21 , for loss of use of, such tax, assessment, fee, 11. Joint powers entity means an operating entity or other charge. created by two or more governmental units entering into an agreement as provided by IIf. Amounts paid or payable for the purchase statute for the joint exercise of governmental or permanent acquisition of property or powers. An intergovernmental agreement property rights, or for the right to will be deemed to create a joint powers entity permanently enforce an ordinance,regulation, if the agreement establishes a board with the or restriction on the use of property. effective power to do any of the following, regardless of whether the specific consent of g. Amounts due under the terms of any the constituent governmental units may also contractual obligation, except for liability: be required: (1) Assumed in a covered contract; or a. To receive and expend funds; (2) Assumed in an employment contract b. To enter contracts; between the city and its employees. c. To hire employees; h. Any wages and employment benefits for work that has been performed by the d. To purchase or otherwise acquire and hold employee making the claim, or any claimed real or personal property; or increases in such wages and employment benefits for work that is hereafter performed e. To sue or be sued. by the employee making the claim. 12. Land use, development or franchise litigation 8. EMF claim means any claim for damages means: arising out of the actual or alleged exposure to II electromagnetic fields, electromagnetic a. Any litigation relating to the application or radiation or stray voltage. interpretation of a city's land use, zoning, subdivision, or similar ordinance or 9. Failure to supply claim means any claim for regulation; or damages arising out of the complete or partial failure to supply water, electricity, gas or b. Any litigation relating to the city's steam. involvement in the financing or approval of any development or redevelopment project. 10. Impaired property means tangible property, other than your product or your work, that c. Any litigation relating to the granting, cannot be used or is less useful because: refusal, interpretation, or enforcement of any franchise, ordinance,permit, license, or other a. It incorporates your product or your work mechanism through which the city authorizes that is known or thought to be defective, or regulates the provision of cable deficient, inadequate or dangerous; or communications, electricity, gas, heat, telephone, or other public utilities within the b. The city has failed to fulfill the terms of a city. contract or agreement; Any litigation meeting the criteria listed above if such property can be restored to use by: will be considered to be land use, development or franchise litigation in its (1) The repair, replacement, adjustment or entirety, regardless of whether the litigation removal of your product or your work; or may assert other claims as well. (2) The city's fulfilling the terms of the But land use, development or franchise contract or agreement. litigation does not include litigation: LMCIT CMC(11-86)(Rev. 11-01) Page 13 of 21 a. That seeks only compensation or other or overflow of the city's sanitary sewer,storm relief for an actual or alleged physical sewer, or water supply systems. occupation, invasion, or use of property by the city; 15. LMCIT means the League of Minnesota Cities Insurance Trust. b. That seeks only a reduction or invalidation of a special assessment; 16. Loading or unloading means the handling of property: c. That seeks only compensation for damages based on the city's actual or alleged negligent a. After it is moved from the place where it is inspection or enforcement of the state accepted for movement into or onto an building, plumbing, electrical, fire, or similar aircraft, watercraft or auto; codes; b. While it is in or on an aircraft, watercraft d. That seeks only amounts due under or auto; or contract, including any city bonds or other obligation; or c. While it is being moved from an aircraft, watercraft or auto to the place where it is e. That was initiated by the city to enforce a finally delivered; but loading or unloading building, zoning, subdivision, or similar does not include the movement of property by ordinance or regulation related to the use of means of a mechanical device, other than a property, unless that litigation also involves a hand truck, that is not attached to the aircraft, challenge to the constitutionality of the watercraft or auto. ordinance or regulation or to the legal authority of the city to enact it. 17. Mobile equipment means any of the following types of land vehicles, including any attached 13. Lead or asbestos claim means any claim for machinery or equipment: damages arising out of the actual, alleged, or threatened discharge, dispersal, release, a. Bulldozers, farm machinery, forklifts and escape, use, distribution, or handling of lead other vehicles designed for use principally off or asbestos. public roads; 14. Limited pollution liability claim means any b. Vehicles that travel on crawler treads; claim for damages which resulted from a sudden occurrence which took place on or c. Vehicles, whether self-propelled or not, after the retroactive date shown in the maintained primarily to provide mobility to Declarations and prior to the expiration date permanently mounted: of this covenant, and which: (1) Power cranes,shovels,loaders,diggers a. Was caused by an actual, alleged, or or drills; or threatened discharge, dispersal, release, or escape of pollutants which took place entirely (2) Road construction or resurfacing above ground and not within or on the surface equipment such as graders, scrapers or of any lake, stream, surface water, or other rollers; body of water, and in which any resulting damages occurred entirely above ground and d. Vehicles not described in a., b., or c. not within or on the surface of any lake, above that are not self-propelled and are stream, surface water, or other body of water; maintained primarily to provide mobility to or permanently attached equipment of the following types: b. Arises from the accidental rupture, backup LMCIT CMC(11-86)(Rev. 11-01) Page 14 of 21 • (1) Air compressors, pumps and f. Infringing upon another's copyright, trade generators, including spraying, welding, dress or slogan in your advertisement. building cleaning,geophysical exploration, lighting and well-servicing equipment; or 20. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including (2) Cherry pickers and similar devices smoke, vapor, soot, fumes, acids, alkalis, used to raise or lower workers; chemicals and waste.Waste includes materials to be recycled, reconditioned or reclaimed. e. Vehicles not described in a., b., or c. above maintained primarily for purposes other 21. Products-completed operations hazard than the transportation of persons or cargo. includes all bodily injury and property damage occurring away from premises the city owns 18. Occurrence means: or rents and arising out of your product or your work except: a. With respect to COVERAGE A,a wrongful act or a series of related wrongful acts. a. Products that are still in the city's physical possession; or b. With respect to COVERAGE C, an accident, including continuous or repeated b. Work that has not yet been completed or exposure to substantially the same general abandoned. harmful condition. Your work will be deemed completed at the Provided, that for purposes of SECTION III- earliest of the following times: LIMITS OF COVERAGE, occurrence shall be given the same meaning as given in the a. When all of the work called for in the applicable statute establishing monetary limits city's contract has been completed; on the city's tort liability. b. When all of the work to be done at the site 9. Personal injury means injury other than bodily has been completed if the city's contract calls injury, arising out of one or more of the for work at more than one site; following offenses: c. When that part of the work done at a job a. False arrest, detention, or imprisonment, site had been put to its intended use by any or malicious prosecution. person or organization other than another contractor or subcontractor working on the b. The publication or utterance of a libel or same project. slander or other defamatory or disparaging material, or a publication or utterance in Work that may need service, maintenance, violation of an individual's right of privacy. correction, repair or replacement, but which is otherwise complete, will be treated as c. Wrongful entry or eviction, or other completed. invasion of the right of private occupancy. 22. Property damage means: d. Assault or battery committed for the purpose of protecting persons or property or a. Physical injury to tangible property, incident to an arrest. including all resulting loss of use of that property; or e. The use of another's advertising idea in your advertisement. b. Loss of use of tangible property that is not physically injured. LMCIT CMC(11-86)(Rev. 11-01) Page 15 of 21 23. Sudden occurrence means an accident or a neglect, accident, or violation. Violation ' • related series of accidents and the release of includes violation of any rights, immunities, pollutants resulting therefrom, all of which or privileges secured by the Constitution and begin and end within 72 hours; except that Laws of the United States of America. each incident in which the city's sanitary sewer backs up into a building is deemed to 27. Year 2000 claim means any claim for be a separate sudden occurrence. In the case damages arising directly or indirectly out of: of a related series of accidents, the sudden occurrence will be deemed to have taken a. Any actual or alleged failure, malfunction, place when the first accident in the related or inadequacy of any system or system series of such accidents took place. component, whether belonging to the city or to others, which is due to any year 2000 24. Suit means a civil proceeding in which problem. damages to which this coverage applies are alleged. Suit includes an arbitration b. Any actual or alleged failure, malfunction, proceeding alleging such damages to which or inadequacy of any product, service, data, the city must submit or submit with LMCIT's or function that directly or indirectly uses or consent. Suit does not mean any criminal relies on any system or system component, proceeding against any covered party or any which is due to any year 2000 problem; or open meeting law proceeding,unless damages are also alleged in that proceeding. A charge c. Any advice, consultation, design, of employment discrimination filed with the evaluation, inspection, installation, Federal Equal Employment Opportunity maintenance, repair, replacement, or Commission, the Commissioner of the supervision done by a covered party to Minnesota Department of Human Rights, or a determine, rectify, or test for any potential or local human rights commission as defined in actual year 2000 problem. Minnesota Statute §363.01, subd. 23, shall be deemed to be a suit alleging damages. 28. Year 2000 problem means the inability of any system or system component to correctly 25. System or system component means any of the recognize, process, distinguish, interpret, or following: accept the year 2000 and beyond. a. Computer hardware, including 29. Your product means: microprocessors; a. Any goods or products, other than real b. Computer application software; property, manufactured, sold, handled, distributed or disposed of by: c. Computer operation systems and related software; (1) The city; d. Computer networks; (2) Others trading under the city's name; or e. Microprocessors or other computer chips not part of any computer system; or (3) A person or organization whose business or assets the city has acquired; f. Any other computerized or electronic and equipment or components. b. Containers(other than vehicles),materials, 26. Wrongful act means any actual or alleged parts or equipment furnished in connection error, statement, act, omission, offense, with such goods or products. LMCIT CMC(11-86)(Rev. 11-01) Page 16 of 21 • Your product includes warranties or a. Work or operations performed by the city representations made at any time with respect or on the city's behalf; and to the fitness, quality, durability or performance of any of the items included in a. b. Materials, parts or equipment furnished in and b. above, connection with such work or operations. Your product does not include vending Your work includes warranties or machines or other property rented to or representations made at any time with respect located for the use of others but not sold. to the fitness, quality, durability, or performance of any of the items included in a. 30. Your work means: or b. above. SECTION V - SUPPLEMENTARY PAYMENTS - COVERAGES A AND C LMCIT will pay, with respect to any claim or suit suit, including actual loss of earnings up to LMCIT defends: $100 a day because of time off from work. 1. All expenses LMCIT incurs. 5. All costs taxed against the covered party in the suit. 2. Up to $250 for cost of bail bonds required because of accidents or traffic law violations 6. Prejudgment interest awarded against the arising out of the use of any vehicle to which covered party on that part of the judgment the coverage applies. LMCIT does not have to LMCIT pays. If LMCIT makes an offer to pay furnish these bonds. the applicable limit of coverage, LMCIT will I . not pay any prejudgment interest based on that of bonds to release attachments, but period of time after the offer. bond amount within the applicable limit of "coverage. LMCIT does not have to 7. All interest on the full amount of any judgment furnish these bonds. that accrues after entry of the judgment and before LMCIT has paid, offered to pay, or 4. All reasonable expenses incurred by the deposited in court the part.of the judgment that covered party at LMCIT's request, to assist it is within the applicable limits of coverage. in the investigation or defense of the claim or SECTION VI - CONDITIONS In addition to the COMMON CONDITIONS, b. Which constitutes willful neglect of duty; or Liability Coverage Parts A and C are subject to the following conditions: c. Which constitutes bad faith; or 1. LIMITATIONS ON LMCIT'S DUTY TO d. For which the city is not authorized to INDEMNIFY indemnify any person by statute; or LMCIT's duty to pay on behalf of or to indemnify e. Which constitutes dishonesty on the part of a a covered party other than the city shall not apply covered party; or to any act, error, omission, or violation: f. Which constitutes the willful violation of a Which constitutes malfeasance in office; or statute or ordinance by any official, employee, or agent of the city. LMCIT CMC(11-86)(Rev. 11-01) Page 17 of 21 The terms "malfeasance", "willful neglect of immediately forward to LMCIT every demand, g Y Y duty", and "bad faith" shall be given the same notice, summons or other process received by meaning in this covenant as given in the applicable him or his representative. statute with respect to the city's duty to defend or indemnify its officers, employees or agents. c. The covered party shall cooperate with LMCIT and, upon LMCIT's request, assist in making 2. FINANCIAL RESPONSIBILITY LAW settlements, assist in the conduct of suits and assist in enforcing any right of contribution or When this covenant is certified as proof of indemnity against any person or organization financial responsibility for the future under the who may be liable to the covered party because provisions of any motor vehicle financial of damages for which coverage is afforded responsibility law, such coverage as is afforded by under this covenant; and the covered party this covenant shall comply with the provisions of shall attend hearings and trials and assist in such law to the extent of the coverage and limits of securing and getting evidence and obtaining the liability required by such law. attendance of witnesses. The covered party shall not, except at his own cost, voluntarily 3. COVERED PARTY'S DUTIES IN THE make any payment, assume any obligation or EVENT OF OCCURRENCE, CLAIM OR incur any expense other than for first aid to SUIT others at the time of accident. a. In the event of a claim or suit, notice d. With respect to any incident or occurrence for containing particulars sufficient to identify the which no claim for damages has been made but that might result in a covered claim for covered party and also reasonably obtainable g information with respect to the time,place and damages under this covenant, LMCIT shall circumstances thereof, and the names and have the right, at its discretion and at its addresses of the injured and of available expense, to associate with the covered party in witnesses, al be given by or for the covered the investigation, handling and defense of such shall g n y party to LMCIT or any of its authorized agents matter, in which event LMCIT and the covered as soon as practicable. party shall mutually cooperate. The city shall promptly take, at its own 4. EXTENDED REPORTING PERIOD expense, all reasonable steps to prevent damages from arising out of the same or a. LMCIT will provide one or more extended similar conditions; provided that: reporting periods, as described below, if: (1) A failure to take such preventative (1) COVERAGE A is canceled or not measures shall not constitute a breach of this renewed; or condition unless LMCIT has requested the city in writing to undertake such preventative (2) LMCIT renews or replaces COVERAGE A measures; and with coverage that: (2) Such expense shall not be recoverable (a) Has a retroactive date later than the under this covenant. date shown on the Declarations page; or a claims made basis. (b) Does not apply on c m ma Notice of damages or injury is not notice of a ( ) pp Y claim. b. A basic extended reporting period of 60 days b. If claim is made or suit is brought against the from the end of the coverage period is covered party, the covered party shall automatically provided without additional charge. LMCIT CMC(11-86)(Rev. 11-01) Page 18 of 21 c. A supplemental extended reporting period of is provided for, the following: unlimited duration is available, but only by an endorsement and for an extra charge. The (1) Any limited pollution liability claim; supplemental extended reporting period starts 60 days after the end of the coverage period. (2) Any land use, development or franchise litigation,. The city must give LMCIT a written request for the endorsement within 60 days after the end (3) Any lead or asbestos claim; or of the coverage period. The supplemental extended reporting period will not go into (4) Any year 2000 claim. effect unless the city pays the additional premium promptly when due. 5. ACTION AGAINST LMCIT The additional remium for the supplemental p No action shall lie against LMCIT unless, as a extended reporting period will be a percentage condition precedent thereto, there shall have been of the annual expiring premium for full compliance with all of the terms of this COVERAGE PART A. covenant, nor until the amount of the covered party's obligation to pay shall have -been fully Number of Years Since determined either by judgment against the covered Retroactive Date Shown party after actual trial or by written agreement of on Declarations Page . Additional Cost the covered party, the claimant and LMCIT. 1 55.0% 2 57.0% Any person or organization or the legal 3 60.3% representative thereof who has secured such 4 65.9% judgment or written agreement shall thereafter be 5 70.8% entitled to recover under this covenant to the extent 5+ 70.8% of the coverage afforded by this covenant. No person or organization shall have any right under An extended reporting period does not extend this covenant to join LMCIT as a party to any the coverage period or change the scope of action against the covered party to determine the coverage provided. It applies only if the date covered party's liability, nor shall LMCIT be of the occurrence giving rise to the claim for impleaded by the covered party or his legal damages is after the retroactive date and before representative. the end of the coverage period. Bankruptcy or insolvency of the covered party or Claims for damages which are first received of the covered party's estate shall not relieve and recorded during the basic extended LMCIT of any of its obligations hereunder. reporting period (or during the supplemental extended reporting period, if it is in effect)will 6. WAIVER OF STATUTORY LIABILITY be deemed to have been made on the last day LIMITATIONS of the coverage period. a. It is the express intent of the city and of LMCIT Once in effect, extended reporting periods may that the procurement of this covenant shall not not be canceled. waive any monetary limits of liability provided by Minnesota Statute §466.04 by any e. Extended reporting periods do not reinstate or comparable or successor statute, or by increase the limits of coverage applicable to common law, which may be applicable to any any claim to which this coverage part applies. covered party; and that any previous waiver of Neither the basic extended reporting period nor liability limits is revoked to the extent that it the supplemental extended reporting period is may apply to claims covered under this covenant. applicable to, and no extended reporting period LMCIT CMC(11-86)(Rev. 11-01) Page 19 of 21 b. It is the express intent of the city and of LMCIT (1) The amount of the settlement proposed by that the procurement of this covenant shall not LMCIT; and waive any other immunities, limitations, or defenses imposed by or available under any (2) Any costs of defense incurred before the statute or common law which is applicable to date of the city's refusal. Any excess amount any covered party. shall not be included in the calculation of damages for purposes of any applicable 7. CONSENT TO SETTLE Municipal Liability Deductible or General Annual Aggregate Deductible". The city may prohibit LMCIT from settling any claim or suit against a covered party without the e. If the city refuses to consent to a settlement city's consent, as provided below: recommended by LMCIT, LMCIT may, at its sole discretion, exercise either of the following a. At any time before LMCIT has offered or made options: a settlement of a claim or suit, the city may notify LMCIT that LMCIT may not settle the (1) LMCIT may pay to the city an amount claim or suit without the city's consent. The equal to the amount of the recommended city must give a separate notice for each claim settlement, minus any applicable deductible. If or suit which the city intends to prohibit LMCIT makes such payment, LMCIT has no LMCIT from settling without the city's consent. further duty to defend or to indemnify the city or any other covered party for this claim or b. If the city notifies LMCIT that the claim or suit suit, and the city assumes any duty which may not be settled without the city's consent, LMCIT would otherwise have had to defend the city must designate an individual authorized and to indemnify any other covered party. to give or refuse consent on the city's behalf. The city's notice must include the name, (2) LMCIT may continue to defend the claim address, and telephone number of the or suit. If LMCIT elects to continue to defend individual authorized to give or refuse consent the claim or suit, the city must reimburse on the city's behalf. LMCIT for any excess amount. c. If the city has notified LMCIT that the claim or f. If the city refuses to consent to a settlement suit may not be settled without the city's recommended by LMCIT, the city must defend Y h' consent, LMCIT will notify the city of the and indemnify LMCIT for any claim or suit terms and conditions of any proposed arising out of the failure to settle the original settlement. If the city does not consent to the claim or suit. proposed settlement, the city must notify LMCIT within 14 days of the date the city 8. RETROACTIVE JOINT POWERS receives notice of the proposed settlement, COVERAGE unless the city and LMCIT have mutually agreed to a longer or shorter period. If within LMCIT will, upon the city's request, issue that time the city does not notify LMCIT that retroactive comprehensive municipal coverage to the city does not consent to the settlement, the any joint powers entity in which the city is a city will be deemed to have consented to the member and which is not named as a covered party settlement. under any other LMCIT coverage. d. If the ci ty Pursuant to this section, LMCIT issue to consent to a settlement I will sue its s recommended by LMCIT, LMCIT will not be standard Comprehensive Municipal Coverage liable for any excess amount. Excess amount document to the joint powers entity, but coverage means the sum of all damages and legal shall be subject to an annual aggregate limit of defense costs for the claim or suit minus the $200,000. This limit shall apply to the sum of sum of: LMCIT CMC(11-86)(Rev. 11-01) Page 20 of 21 damages and loss adjustment expenses, including 11. SEPARATION OF COVERED PARTIES defense costs, for all claims to which the coverage plies. As respects the particulars and statements contained in the application for this coverage and overage issued pursuant to this section will be the exclusion set forth herein, this coverage shall Issued with the same inception date and the same be construed as a separate agreement with each retroactive date as this covenant. covered party. Nothing in this paragraph shall be construed to increase LMCIT's maximum liability The premium must be paid to LMCIT before the set forth in the Declarations and as described in coverage goes into effect. The premium for SECTION III - LIMITS OF COVERAGE. coverage issued pursuant to this section shall be equal to the greater of$5,000 or the premium the 12. DEDUCTIBLES joint powers entity would otherwise pay for coverage at LMCIT's current rates. a. For purposes of deductibles under this coverage, damages include defense costs. 9. NO DUPLICATION OF COVERAGE Defense costs means those costs which are allocated to each claim to include attorneys' This covenant shall not apply to any claim or fees, court costs, court reporting and transcript claims arising out of an occurrence, if any claim or fees, the cost of obtaining records, general claims arising out of that occurrence were covered witness and expert witness fees and expenses under any prior covenant issued by LMCIT to the and similar defense related costs. Damages do city• not include claim adjuster fees that are not allocated to each claim. 10. OTHER COVERAGE b. The terms of the covenant, including those pursuant to the COMMON CONDITIONS, with respect to: .a., a covered party has primary liability verage as an additional insured or additional (1)The LMCIT's rights and duties with respect named insured on another party's coverage, and to the defense of suits; and that insurer fails to defend or indemnify the covered party, LMCIT will do so under this (2) The covered party's duties, in the event of covenant. an occurrence, apply irrespective of the application of the deductible amount. In any case in which LMCIT incurs costs for a claim which is also covered under any other c. LMCIT may pay any part or all of the liability coverage or insurance, LMCIT shall be deductible amount to effect settlement of any entitled to the covered party's rights to recover claim or suit, and upon notification of the those costs from that insurer. The covered party action taken, the city shall promptly reimburse shall cooperate with and assist LMCIT as requested LMCIT for such part of the deductible amount in enforcing any rights against that insurer. as has been paid by LMCIT. LMCIT CMC(11-86)(Rev. 11-01) Page 21 of 21 COMPREHENSIVE MUNICIPAL LIABILITY COVERAGE 1 X Coverage A Municipal Liability Coverage A Municipal Liability, but only for Bodily Injury, Property Damage or Personal Injury Coverage A Municipal Liability, except for Bodily Injury, Property • Damage or Personal Injury X Coverage B Medical and Related Payments X Coverage C Automobile Liability— Bodily Injury and Property Damage X Coverage D Land Use, Development or Franchise Litigation In consideration of the premium charged, it is understood and agreed that the Declarations and Section II - Who Is Covered are amended to include: ECONOMIC DEVELOPMENT AUTHORITY SUBJECT TO A RETROACTIVE DATE OF JULY 7, 1998. For all coverage where ❑ is X'd above. All other terms and conditions remain unchanged. LMCIT Page 1 of 1 ME066(11/96) (Rev. 11/01) rk______\„.7 . L MUNICIPAL LIABILITY W League of Minnesota Cities Cities promoting o,caI/ece J CI AK PARK HEIGHTS, CITY OF COVENANT NUMBER CMC 22977 n : HAZARD : PREMIUM BASIS : ADVANCED PREMIUM ► ► I ► ► : Premises Operations : Code: Basis : I : OPERATING EXPENDITURES ■ A : 2,282,727: PREMIUM INCLUDED: : I: : FOR ALL HAZARDS : : WATERWORKS : D : 163,760: WHERE A PREMIUM I : I : BASIS IS SHOWN : : STREETS : B : 20: : II ► ► I I I ► I ► ► ► ► ► I I ► ► I I : ► I ► ► ► ► ► ► 1 ► ► 1 ► I I ► ► ► ► I ► I I ► ► ► 1 1 I ► ► ► ► 1 ► ► ► I I ► 1 I ► ► ► ► ► ► ► ► I ► I ► I ► I I ► i ► 1 I : I ► ► ► ►- I ► ► ► ►I ► ► I 1 1 1 ► ► ► 1 I I ► ► ► ► ► ► ► ► ► ► 1 I I I I ► 1 ► ► ► 1 I I I ► ► ► ► o ► ► ► I I I I I ► ► I ► ►I I I ► 1 I I : 1 I ► ► ► ► ► ► I I ► ► ► ► ► I 1 I ► ► I I ► ► 1. I 1 1 ► I ► ► ► ► 1 I I I ► ► I I ► ► ► I I I ► ► I ► ► ► ► ► ► ► ► ► I I ► ► ► ► ► I : I ► ► ► I I I 1 1 I I I ► : Independent Contractors I I I : I : G : 974,575: : , I ► I ► ► I I ► I I I I I ► ► : ucts/Completed Operations I :: : : RWORKS : H : 219,000,000: : ► I I► ► I ► LMC IT MGL-1(01-95) Page 1 of 2 MUNICIPAL LIABILITY (Cont'd.) Municipal Liability Hazard Codes When used as a premium basis: Code (A) "Operating expenditures" means all expenditures used to operate the city, excluding capital purchases, where the individual project or item exceeds five percent (5%) of the total operating expenditures of the city; expenditures for the independent contractors that provide the city with certificates of insurance indicating adequate limits; welfare benefits and expenditures for those exposures which we are separately rating, per $1,000. (B) "Per mile" means the total number of miles of streets, paved or unpaved, owned by the city, within the city limits, not including toll roads or bridges, per mile. (C) "Receipts" means the gross amount of money charged by the city, including taxes, for operations rated on a receipts' basis (this does not include taxes which are collected separately and remitted directly to this or any other governmental entity), per $100 of receipts. (D) "Payroll" means the entire payroll (remuneration) earned during the ( ) Y pY ( covera a period, including overtime, employees of the city working in the department (classification) shown, per $100 payroll. (E) "Each" means per unit. (F) "Square footage" means per square foot. (G) "Cost" means the total cost for operations performed for the city by an independent contractor during the coverage period, including the cost of labor, materials and equipment furnished, and all fees or commission made, whether paid or due. (H) "Per gallon" means annual usage of water, per 1,000,000 gallons. LMCIT MGL-1 (01-95) Page 2 of 2 Covenant Number: MUNICIPAL AUTOMOBILE DECLARATIONS CMC 22977 Coverage is Provided by: THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST LMC (Herein called LMCIT) League of Minnesota Cities Cities promoting excellence II J 1. CITY: OAK PARK HEIGHTS, CITY OF Item 2. COVERAGL _"_AIOD: From: 07/07/02 To: 07/07/03 12:01 AM Standard Time at Mailing Address Indicated on Common Coverage Declarations Item 3. THE COVERED PARTY IS: CITY Item 4. COVERAGE: IN RETURN FOR THE PAYMENT OF PREMIUM AND SUBJECT TO ALL OF THE TERMS OF THIS COVENANT,LMCIT AGREES WITH THE COVERED PARTY TO PROVIDE THE COVERAGE AS STATED IN THIS CONVENANT, SUBJECT TO THE FOLLOWING LIMITS: COVERAGE: LIMIT: AUTOMOBILE LIABILITY $1,000,000 Per Occurrence PERSONAL INJURY PROTECTION Basic Minnesota Statutory Coverage UNINSURED&UNDERINSURED MOTORISTS $1,000,000 Per Occurrence UTOMOBILE PHYSICAL DAMAGE Actual Cash Value,Unless Endorsed Item 5. DEDUCTIBLE (SUBJECT TO GENERAL ANNUAL AGGREGATE DEDUCTIBLE,IF ANY, SHOWN ON COMMON COVERAGE DECLARATIONS). $ 500 per occurrence Item 6. FORMS AND ENDORSEMENTS ATTACHED TO THIS COVERAGE PART: A0010(11-00) A2108(11-96) A2225(11-89) CM C(11-01) M E063(11-01) ME066(11-01) M E079(11-01) a LI DEC-016(11/86)(Rev.11/00) MUNICIPAL AUTOMOBILE PHYSICAL DAMAGE COVERAGE Various provisions in this covenant restrict The word you and your refer to the city coverage. Read the entire covenant carefully shown in the Declarations. The words to determine rights, duties and what is or is we, us and our refer to LMCIT providing not covered. Throughout this covenant, the this covenant. word city refers to the first city shown in the Declarations. The word LMCIT refers to the Other words and phrases that appear in League of Minnesota Cities Insurance Trust. italics have special meaning, as given in SECTION IV-DEFINITIONS. SECTION I-COVERAGE AGREEMENT We will pay for direct and accidental damage covered as described under SECTION II- or loss to a covered automobile unless the CAUSES OF LOSS AND DAMAGES cause of loss or damage is not NOT COVERED. SECTION II-CAUSES OF LOSS AND DAMAGES NOT COVERED 1. CAUSES OF LOSS NOT COVERED (2) Warlike action by a military force, including action in hindering or We will not pay for loss or damage defending against an actual or expected caused directly or indirectly by any of attack by any government, sovereign or the following. Such loss or damage is other authority using military personnel excluded regardless of any other cause or or other agents; or event that contributes concurrently or in any sequence to the loss. (3) Insurrection, rebellion, revolution, usurped power or action taken by a. Nuclear hazard,nuclear reaction governmental authority in hindering or or radiation, or radioactive defending against any of these. contamination,however, caused. 2. DAMAGES NOT COVERED b. War We will not pay for the following damages: (1) War including undeclared or civil war; LMCIT A0010(11-89)(Rev.11-00) Page 1 of 5 a. Damages caused by; This exclusion does not apply if the above damage results from (1) Wear and tear; other loss or damage covered by this Coverage Part. (2) Freezing; except freezing of the pumping apparatus of a fire truck or b. Blowouts,punctures, or other similar emergency or other utility road damage to tires. truck; or This exclusion does not apply if (3) Mechanical or electrical the above damage results from breakdowns, other loss or damage covered by this Coverage Part. SECTION III-LIMITS OF COVERAGE AND VALUATION 1. LIMITS OF COVERAGE total loss incurred by you from any one occurrence, regardless of the number of a. The most we will pay for loss or covered automobiles involved. damage is the smaller of the following amounts: 2. LOSS VALUATION (1) The actual cash value of the a. At our option we may: damaged or stolen property at the time of the loss or damage; or (1) Pay for, repair, or replace damaged or stolen property; (2) The cost of repairing or replacing the damaged or stolen (2) Return the stolen property at our property with other like kind and expense. We will pay for any damage quality. that results to the covered automobile from the theft; or b. We will not pay for loss or damage in any one occurrence until the amount (3) Take all or any part of the of loss or damage exceeds the damaged or stolen property at an Deductible in Item 5 of the agreed or appraised value. Declarations and the amount of loss will be reduced by the deductible b. If you and we fail to agree as to amount. the amount of loss or damage, either may: The deductible applies against the LMCIT A0010(11-89)(Rev.11-00) Page 2 of 5 Demand an appraisal of the loss or differences to the umpire. An award damage. In such event,you and we shall agreed to by any two will be binding. each select a competent appraiser. The Each party will: two appraisers will select a competent and disinterested umpire. If they cannot (1) Pay its chosen appraiser agree, either may request that selection and; be made by a judge of court having jurisdiction. The appraisers will state (2) Bear the other expenses of the separately the actual cash value and the appraisal and umpire equally. amount of the loss or damage. If the appraisers fail to agree, they will submit We shall not be held to have waived any their of our rights by any act relating to appraisal. SECTION IV-DEFINITIONS 2. Automobile means a land motor vehicle, to pay for loss or damage to the trailer or semi-trailer designed for travel automobile. on public roads. Any automobile which is owned by a 3. Covered automobile means: city officer, employee, or volunteer and which is being used for city business by a. Any automobile that you own; that officer, employee, or volunteer is not considered to be leased, rented, or b. Any automobile that you rent or lease borrowed by the city. for a period of more than 30 days; 4. City means governmental body or entity c. Any automobile that you borrow; first named in the Declarations. For purposes of this coverage, city includes d. Any automobile that you rent or lease relief associations. Unless specifically from a person or organization that is named in the Declarations, city shall not not in the business of renting or include: leasing automobiles; or a. Gas, electrical or steam utilities e. Any automobile that you or a city commission; officer, employee, or volunteer rents for city business for less than 30 days b. Port authority, housing and from a person or organization in the redevelopment authority, economic business of renting automobiles if development authority, area or the rental agreement requires you or municipal redevelopment authority the individual renting the automobile or similar agency; LMCIT A0010(11/89)(Rev.11-00) Page 3 of 5 c. Municipal power agency; governmental units entering into an agreement as provided by statute for the d. Municipal gas agency; J oint exercise of governmental powers. An intergovernmental agreement will be e. Hospital or nursing home board or deemed to create a joint powers entity if commission; the agreement establishes a board with the effective power to do any of the f. Airport commission; following,regardless of whether the specific consent of the constituent g. Welfare or public relief agency; governmental units may be required: h. School board; a. To receive and expend funds; i. Joint powers entity. b. To enter into contacts; 4. Joint powers entity means an operating c. To hire employees; entity created by two or more d. To purchase or otherwise acquire or hold real or personal property; or e. To sue or be sued. SECTION V- CONDITIONS 1. COVERAGE UNDER TWO OR shown in the Declarations; and MORE COVERAGES (2) Within the coverage territory. If two or more of this covenant's coverage's apply to the same loss or b. The coverage territory is: damage,we will not pay more than the actual amount of the loss or damage. (1) The United States of America (including its territories and 2. COVERAGE PERIOD, COVERAGE possessions); TERRITORY (2) Puerto Rico; and Under this Coverage Part: (3) Canada a. We cover loss or damage commencing: (1) During the coverage period LMCIT A0010(11/89)(Rev. 11-00) Page 4 of 5 1 3. LOSS CONDITIONS c. You must do what is reasonably necessary after the loss at our Duties in the event of loss: expense to protect the covered automobile from further loss. a. You must promptly notify us of You must submit a proof of any loss. loss when required by us. b. You must tell us how, when, and d. You must promptly notify the where the loss happened. You police if the covered automobile must assist in obtaining the or any of its equipment is stolen. names and addresses of any witnesses. LMCIT A0010(11/89)(Rev.11-00) Page 5 of 5 II Uninsured and Underinsured Motorists Coverage g A. WORDS AND PHRASES WITH SPECIAL a. Owned or operated by a self-insurer under any MEANING applicable motor vehicle law. In addition to the WORDS AND PHRASES WITH b. Owned by a governmental unit or agency. SPECIAL MEANING in the COVENANT, the following words and phrases have special meaning for c. Designed for use mainly off public roads UNINSURED MOTORISTS COVERAGE, and while not on public roads. UNDERINSURED MOTORISTS COVERAGE. 4. "Underinsured motor vehicle"means a land motor 1. "Family Member"means a person related to you vehicle or trailer for which the sum of all liability by blood,marriage or adoption who is a resident bonds or policies at the time of an accident of your household, including a ward or foster provides at least the amounts required by the child. applicable law where a covered auto is principally garaged but their limits are less than the limit of 2. "Occupying"means in,upon,getting in,on,out or this insurance. However, "underinsured motor off. vehicle"does not include any vehicle: 3. "Uninsured motor vehicle" means a land motor a. Owned or operated by a self-insurer under any vehicle or trailer: applicable motor vehicle law. a. For which no liability bond or policy at the b. Owned by a governmental unit or agency. time of an accident provides at least the amounts required by the applicable law where c. Designed for use mainly off public roads a covered auto is principally garaged,or while not on public roads. b. For which the sum of all liability bonds or d. Which is an uninsured motor vehicle. policies at the time of an accident provides at least the amounts required by the applicable B. WE WEE I.PAY law where a covered auto is principally garaged but their limits are less than the limit 1. We will pay all sums the beneficiary is legally of this insurance,or entitled to recover as "damages"from the owner or driver of an uninsured motor vehicle or c. For which an insuring or bonding company underinsured motor vehicle. The"damages"must denies coverage or is or becomes insolvent,or result from bodily injury sustained by a"covered party" caused by an accident. The owner's or d. Which is a hit-and-run vehicle and neither the driver's liability for these "damages" must result driver nor owner can be identified. The from the ownership, maintenance or use of the vehicle must hit a beneficiary,a covered auto uninsured motor vehicle or underinsured motor or a vehicle a beneficiary is occupying. vehicle. However, "uninsured motor vehicle" does not 2. If this coverage provides a limit in excess of the include any vehicle: amounts required by the applicable law where a covered auto is principally garaged, we will pay only after all liability bonds or policies have been exhausted by judgments or payments. A2108(11/96) Page 1 of 2 3. Any judgment for"damages"arising out of a suit 2. Any amount payable under this COVERAGE brought without written notice to us is not binding shall be reduced by: on us. a. All sums paid by or for anyone who is legally C. WE WILL NOT COVER-EXCLUSIONS responsible,including all sums paid under the COVENANT'S LIABILITY coverage. This does not apply to: F. CHANGES IN CONDITIONS 1. Any claim settled without our consent, The CONDITIONS of the COVENANT are changed 2. The direct or indirect benefit of any insurer or for UNINSURED MOTORISTS COVERAGE as self-insurer under any workers' compensation, follows: disability benefits or similar law. 1. YOUR DUTIES AFTER ACCIDENT OR LOSS 3. Bodily injury sustained by you or any family is changed by adding the following: member while occupying or struck by any vehicle owned by you or any family member which is not a. Promptly notify the police if a hit-and-run a covered auto. driver is involved,and 4. Anyone using a vehicle without a reasonable b. Promptly send us copies of the legal papers if belief that the person is entitled to do so. a suit is brought. D. WHO IS COVERED 2. OUR RIGHT TO RECOVER FROM OTHERS is changed by adding the following: 1. You or any family member. If we make any payment and the"covered party" 2. Anyone else occupying a covered auto or a recovers from another party,the beneficiary shall temporary substitute for a covered hold the proceeds in trust for us and pay us back auto. The covered auto must be out of service the amount we have paid. because of its breakdown,repair, servicing,loss or destruction. 3. g Anyone for "damages" he or she is entitled to recover because of bodily injury sustained by another beneficiary. E. OUR LIMIT OF LIABILITY 1. Regardless of the number of "covered parties", claims made or vehicles involved in the accident, the most we will pay for all "damages"resulting from any one accident is the limit of UNINSURED AND UNDERINSURED MOTORISTS COVERAGE shown in the declarations. A2108(11/96) Page 2 of 2 Personal Injury Protection Endorsement (Minnesota) LMCIT agrees to provide Statutory Minnesota No-Fault Coverage for all autos described on the Municipal Automobile Declarations. The Comprehensive Municipal Coverage Common Conditions also apply unless they are in conflict with the Minnesota No-Fault law. In that event, Minnesota No-Fault law shall govern. LMCIT A-2225(11/89) Definition of City Endorsement It is understood and agreed that city is amended to include: ECONOMIC DEVELOPMENT AUTHORITY All other terms and conditions remain unchanged. LMCIT Page 1 of 1 ME063(11/95)(Rev. 11/01) COMPREHENSIVE MUNICIPAL LIABILITY COVERAGE X Coverage A Municipal Liability Coverage A Municipal Liability, but only for Bodily Injury, Property Damage or Personal Injury Coverage A Municipal Liability, except for Bodily Injury, Property Damage or Personal Injury X Coverage B Medical and Related Payments X Coverage C Automobile Liability— Bodily Injury and Property Damage X Coverage D Land Use, Development or Franchise Litigation II In consideration of the premium charged, it is understood and agreed that the Declarations and Section II - Who Is Covered are amended to include: ECONOMIC DEVELOPMENT AUTHORITY SUBJECT TO A RETROACTIVE DATE OF JULY 7, 1998. For all coverage where o is X'd above. All other terms and conditions remain unchanged. III LMCIT Page 1 of 1 ME066(11/96) (Rev. 11/01) r - Agreement Number: - ► AGREEMENT DECLARATIONS OM L-2493 Open Meeting Law Defense Cost Reimbursement Agreement Previous Agreement Is Provided By: � Number: THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST L-2118 (Herein called LMCIT) ague of Minnesota Cities Cities promoting excellence Item 1. COVERED PARTY and MAILING ADDRESS: CITY OF OAK PARK HEIGHTS 14168 OAKR PARK BLVD. P.O.BOX 2007 STILLWATER,MN 55082 Item 2. AGREEMENT TERM: 12:01 AM Standard Time at Mailing Address Indicated Above. From: 07/07/02 To:07/07/03 Item 3. RETROACTIVE DATE: 11/09/94 Item 4. THE COVERED PARTY IS: X City Joint Powers Entity Other (Describe) • Item 5. REIMBURSEMENT LIMITS: A. "Reimbursable Costs": MAXIMUM 1. Defense Costs Per Lawsuit Per Official: $ 50,000. 2. Agreement Term Aggregate Per Official: $ 50,000. Item 6. CHARGE: $540. Item 7. FORMS AND ENDORSEMENTS APPLICABLE TO AGREEMENT: OMLRA-1(11-99) OML-001(11-97) ME063(11-01) rv1 1 EKecutiVQ Director, LMCIT • LMCIT DEC-019(11-93)(Rev.11/99) Administered by:Berkley Risk Administrators Company,LLC OPEN MEETING LAW DEFENSE COST • REIMBURSEMENT AGREEMENT I. OPEN MEETING LAW DEFENSE seeking penalties based upon an alleged violation COST COVERAGE of the Minnesota Open Meeting Law; however, • LMCIT shall have the right to intervene at its LMCIT will reimburse a city official for 80 percent expense in the investigation or defense of such of the defense costs incurred by the city official in legal action. defending an Open Meeting Law lawsuit, if the following conditions are met: 3. The city or the city official shall give prompt notice to LMCIT of any actual or 1..The date on which the Open Meeting Law threatened legal action against the city lawsuit is commenced must be within the official seeking penalties against the city term of this agreement; and official for an alleged violation of the Minnesota Open Meeting Law. 2. The date on which the violation took place or is alleged to have taken place must be 4. The city and the city official shall at all on or after the retroactive date, if any, times cooperate with and promptly shown in the Declarations. respond to LMCIT's requests for information,investigative data,records,or An Open Meeting Law lawsuit is deemed to be any other material documentation. commenced on the date the city official is served notice of the lawsuit. 5. The city official will be reimbursed only for defense costs incurred with respect to legal services actually rendered and II. LIMITS expenses actually incurred. The Open Meeting Law Defense Cost 6. The city official shall have complete Reimbursement Agreement Limit is$50,000. This freedom to choose an attorney licensed in is the most LMCIT will reimburse any one city the State of Minnesota to provide the city official for defense costs for Open Meeting Law official with legal services with respect to lawsuits commenced during the term of this which defense costs are reimbursable agreement, regardless of the number of lawsuits, under this Agreement. the number of actual or alleged violations, or the date the defense costs are actually incurred. 7. It is the express intent of the parties to this Agreement that neither the city nor the city official waive any immunities, defenses, M. CONDITIONS AND EXCLUSIONS or limitations on liability available under Minnesota statutes or common law. 1. The term of this Agreement shall be one year beginning with the effective date 8. In the event that a city official makes a stated in the Declarations. Subsequent recovery of defense costs from any third renewals of this Agreement shall be party,LMCIT shall be reimbursedf for any treated as separate terms. payment it has made under this Agreement after the city official has been fully 2. LMCIT shall have no duty to provide a reimbursed for his/her 20% share of the defense to a city official with respect to a defense costs. legal action against that city official LMCIT OMLRA-1 (11-93)(Rev. 11-99) 1 of 2 9. LMCIT may cancel this Agreement by 3. "Defense costs" means reasonable and mailing or delivering written notice to the necessary attorney fees, court costs, court city at least: reporter and transcript fees, general witness and expert witness fees • a. Ten (10) days before the effective and expense, and similar defense related date of cancellation for nonpayment costs. Defense costs does not include any of the charge for this Agreement; fines or penalties, or any attorney's fees or awarded to a plaintiff in a suit charging a violation of the Open Meeting Law. b. Thirty (30) days before the effective date of cancellation for 4. "Joint powers entity" means an operating any other reason. entity created by two or more governmental units entering into an If LMCIT decides not to renew this agreement as provided by statute for the Agreement,LMCIT will mail or deliver to joint exercise of governmental powers. the city written notice of nonrenewal not An intergovernmental agreement will be less than thirty 30 days before the deemed to create a joint powers entity if expiration date. the agreement establishes a board with the effective power to do any of the 10. It is mutually understood and agreed that following, regardless of whether the the city and all other LMCIT pool specific consent of the constituent participants are jointly and severally liable governmental units may also be required: for all claims and expenses of the pool. The amount of any liabilities in excess of a. To receive and expend funds; assets may be assessed to LMCIT pool participants when a deficiency is b. To enter into contracts; identified. c. To hire employees; IV. DEFINITIONS d. To purchase or otherwise acquire and hold real or personal property; 1. "City" means the city or other or governmental body or entity first named in the Declarations. Unless specifically e. To sue or be sued. named in the Declarations, city shall not include a gas, electrical, or steam utilities 5. "LMCIT" means the League of Minnesota commission; port authority, housing and Cities Insurance Trust. redevelopment authority, economic development authority, area or municipal 6. "Open Meeting Law lawsuit" means a redevelopment authority, or similar lawsuit seeking penalties against a city agency; municipal power agency; official based on an allegation that the city municipal gas agency; hospital or nursing official has violated M.S. §471.705, home board or commission; airport commonly known as the Minnesota Open commission; welfare or P ublic relief Meeting Law. agency; school board; or joint powers entity. r 2. "City official" means any former or present elected or appointed official of the city or any present or former employee of the city. S LMCIT OMLRA-1(11-93)(Rev.11-99) 2 of 2 OPEN MEETING LAW DEFENSE COST REIMBURSEMENT AGREEMENT REIMBURSEMENT PARTICIPATION ENDORSEMENT It is understood and agreed that Section I. Open Meeting Law Defense Cost Coverage is amended to modify the percentage of reimbursement of "defense costs" from 80% to 100%. This modification does not change the maximum amount of reimbursement as specified in Section II. Limits and as shown in the Agreement Declarations. All other terms and conditions remain unchanged. • • OML-001(11/97) F • Definition of City Endorsement It is understood and agreed that city is amended to include: ECONOMIC DEVELOPMENT AUTHORITY All other terms and conditions remain unchanged. • • LMCIT Page 1 of 1 ME063(11/95)(Rev. 11/01) LMC League of Minnesota Cities Cities promoting excellence League of Minnesota Cities 145 University Avenue West St. Paul, MN 55103-2044 (651)281-1200 Municipal Excess • Liability Coverage Administered By: Berkley Risk Administrators Company,LLC 145 University Avenue West St.Paul,MN 55103-2044 (651)281-1200 **IMPORTANT** PLEASE READ YOUR AGREEMENT Covenant Number: MUNICIPAL EXCESS MEL-4360 LIABILITY DECLARATIONS Coverage is Provided by: LMC THE LEAGUE OF MINNESOTA CITIES League of Minnesota Cities Pr Covenant Number: INSURANCE TRUST Cities promoting emelenoe MEL 055 (Herein called LMCIT) Item,. CITY and MAILING ADDRESS: CITY OF OAK PARK HEIGHTS 14168 OAK PARK HEIGHTS BLVD. d f , ? - „ -, , ... P.O. BOX 2007 1 STILLWATER, MN 55082 Item2. COVERAGE PERIOD: ONE Year(s) From:07/07/02 To:07/07/03 12:01 AM Standard Time at Mailing Address Indicated on ITEM ONE. Item 3. RETROACTIVE DATE: 07/07/87 Item 4. THE COVERED PARTY IS: X City Joint Powers Entity Other(Describe) Item 5. LIMITS OF COVERAGE: Each Occurrence $1,000,000. Aggregate Limit $1,000,000., Minimum Retention $ 10.000. (If Applicable) item PREMIUM: $7,286. Item 7. AUDIT PERIOD: Annual X None Other(Describe) Item 8. SCHEDULE OF UNDERLYING COVERAGE: Primary Coverage Provided by: LMCIT Covenant Number:CMC 22977 Coverage Period: From:07/07/02 To:07/07/03 Including those coverages X'd below: LIMITS: X Automobile X Municipal Land Use, Municipal Liability Liability Development or Liquor Franchise Litigation Liability Liability $1,000,000 CSL $1,000,000 CSL* $1,000,000 CSL* $ $ *See underlying coverage document for other specific limits that may apply. Employers Liability: Carrier: LMCIT Coverage B Limits:$1,000,000J$1,000,000 Policy Number: Policy Term: From:07/07/02 To:07/07/03 Other: Carrier: Policy Number: Policy Term: From: To: Item9. FORM NUMBERS AND/OR ENDORSEMENTS FORMING A PART OF THE AGREEMENT AT ISSUE: MELC(11-98), UME-43(01-95) UME-46(01-95) UME-4(11-99) UME-47(1-97) • , Executive Director, LMCIT LMCIT DEC-017(11/96)(Rev. 11/00) • MUNICIPAL EXCESS LIABILITY COVERAGE Various provisions in this covenant restrict coverage. League of Minnesota Cities Insurance Trust, Read the entire coverage agreement and any hereinafter referred to as LMCIT. underlying coverage carefully to determine rights, duties and what is covered and not covered. The words"this coverage"mean the liability coverage provided under this covenant. Throughout this covenant the words"you"and"your" refer to the "city" shown in the Declarations. The Other words and phrases that appear in italics have words "we", "us" and "our" refer to the special meaning. Refer to SECTION III - DEFINITIONS. SECTION I - LIABILITY COVERAGE 1. COVERAGE AGREEMENT c. The amount "we" will pay for damages and defense expense is limited as described in a. "We" will pay those sums, in excess of the SECTION II - LIMITS OF COVERAGE. amount payable under the terms of any under- Damages include prejudgment interest awarded lying coverage, that the covered party becomes against the insured. legally obligated to pay as damages because of • injury or damage to which this covenant applies, d. With respect to any coverage provided by provided that the underlying coverage also underlying coverage on a claims made basis, applies,or would apply but for the exhaustion of "this coverage" does not apply to any injury or its applicable limits of coverage. If, however, a damage,or personal injury offense,or negligent Minimum Retention applies, as set forth in act,error,omission,or violation(or the first in a paragraph 4 below, "we" will pay only those series of related acts, errors, omissions, or sums in excess of the Minimum Retention. violations) which occurred or were committed before the retroactive date, if any, shown in the b. "We" will have the right to participate in the Declarations of this covenant or which occurs or defense of claims or suits against the covered is committed after the coverage period. party seeking damages because of injury or damage to which "this coverage" may apply. e. This covenant is subject to the same terms, "We"will have a duty to defend such claims or 1 8conditions,agreements,exclusions and defini- suits when the applicable limit of coverage ofthe tions as the underlying coverage, except: underlying coverage has been used up by payment of judgments,settlements and any cost (1) "We" will have no obligation under this or expense subject to such limit. covenant with respect to any claim or suit that is settled without"our" consent; and This right or duty to defend is limited as set forth in paragraph 3, below. (2) With respect to any provisions to the contrary contained in this covenant. • LMCIT MELC(11/86)(Rev.12/95;11/96; 11/97:11/98) Page 1 of 7 2.EXCLUSIONS litigation"suit which may not be settled without the approval of both LMCIT and the "city". The exclusions applicable to the underlying coverage also apply to this covenant.Additionally, b. "Our" right or duty to defend ends when "we" this covenant does not apply to: have used up the amount of coverage available in the payment of any combination of judgments, a. Any obligation to pay expenses under any settlements or defense expense, as provided medical payments coverage. under SECTION II-LIMITS OF COVERAGE. This applies both to claims and suits pending at b. Any obligation imposed by law under any that time and those filed thereafter. automobile no-fault, uninsured motorist, under insured motorist, Workers' Compensation, c. When"we"control the defense of a claim or suit, disability benefits or unemployment "we" will pay for the defense expense. If by compensation law or any similar law. mutual agreement or court order the covered party assumes control before the applicable c. Any loss or claim for damage that is caused in amount of coverage available is used up, "we" part or in total by nuclear reaction or radiation, will reimburse the covered party for reasonable or radioactive contamination,however caused. defense expense. In either case, the amounts "we" pay will reduce the amount of coverage d. Any "lead or asbestos claim" as defined in the available as provided under SECTION II - underlying coverage. LIMITS OF COVERAGE. e. Any "failure to supply claim" as defined in the d. As soon as practicable after"we"become aware underlying coverage. that an amount of coverage available is used up: f. Any "year 2000 claim" as defined in the (1) "We" will notify "you" of any outstanding underlying coverage. claims and suits subject to that amount; and 3. DEFENSE OF CLAIMS OR SUITS (2) "You"will then arrange to assume control of the defense of all such claims and suits a. When "we"have the duty to defend, and except against "you" or any other covered party as provided under Section II - Limits of when "our" right or duty to defend them Coverage,paragraph 4,with respect to"land use ends. or development litigation", "we"will pay for all defense expense once "our" duty to defend e. "We"will assist the covered party in the transfer begins. "We" may make investigation of any of control of the defense of claims and suits claim or suit as "we"think appropriate. under(c.)or(d.)above.Until such arrangements are completed, "we" will take on behalf of any If"we"exercise"our"right to defend when there covered party those steps that "we" think is no duty, "we" will pay only that defense appropriate: expense "we" incur. (1) To avoid a default in any claim or suit; or If"we"provide a defense, "we"may investigate any claim or suit at "our" discretion. "We" may (2) To the continued defense of a claim or suit. settle such claim or suit within the amount of coverage available at the time of the settlement, "You" agree that if"we"take such steps: except for any "land use or development • LMCIT MELC(11/86)(Rev.12/95; 11/96;11/97:11/98) Page 2 of 7 • (1) "We" do not waive or give up any of"our" 4. MINIMUM RETENTION • rights under this covenant; and The Minimum Retention, if any, shown in the (2) "You" will reimburse "us" for any defense Declarations applies to all injury and damage expense that arises out of such steps if the arising out of any one occurrence, if at the time of applicable amount of coverage available has the first claim or suit for any such injury or damage been used up. the applicable aggregate limit of the underlying coverage has been used up by payment of judgments, settlements, and any costs or expenses subject to such limit. SECTION II - LIMITS OF COVERAGE 1. The limits of coverage shown in the Declarations 3. Subject to (2) above, the each occurrence limit is and the rules below fix the most "we" will pay the most "we" will pay for the sum of damages under the terms of this covenant regardless of the under SECTION I - LIABILITY COVERAGE number of: because of all injury and damage arising out of any one occurrence. a. Covered parties; 4. For any "land use or development litigation" as b. Claims made or suits brought; defined in the underlying coverage to which "this coverage" applies, "we" will pay the same c. Persons or organizations making claims or suits. percentages of defense costs and/or damages as would otherwise be paid by the underlying coverage • 2. The amount of coverage stated as the aggregate subject to the limits shown in the Declarations for limit is the most "we"will pay for the sum of: this covenant. a. Damages under SECTION I - LIABILITY 5. The limits of "this coverage" apply separately to COVERAGE; and each consecutive annual period and to any remaining period of less than 12 months, starting b. Defense expense for claims and suits seeking with the beginning of the coverage period shown in damages payable under a. above, except as the Declarations, unless the coverage period is provided in the Appeals Condition. extended after issuance for an additional period of less than 12 months. In that case, the additional Each payment "we" make for such damages or period will be deemed part of the last preceding defense expense reduces by the amount of the period for purposes of determining the limit of payment the aggregate limit.This reduced limit will coverage. then be the amount of coverage available for further expenses and damages of these kinds. SECTION III - DEFINITIONS 1. Aggregate limit means the maximum amount stated (a) Attorney fees and all other litigation expenses; in the covenant for which LMCIT will be liable, regardless of the number of covered claims. (b) The cost of bonds to appeal a judgment or award in any suit "we" defend; 2. Defense expense means payments allocated to a specific claim or suit for its investigation, (c) Up to $250 for the cost of bail bonds required settlement,or defense, including: because of accidents or traffic law violations LMCIT MELC(11/86)(Rev.12/95;11/96;11/97:11/98) Page 3 of7 arising out of the use of any vehicle to which c. With respect to personal injury liability, all bodily injury liability coverage provided by personal injury arising out of a single offense ors underlying coverage applies; a series of related offenses of which the series of related offenses shall be deemed to have (d) The cost of bonds to release attachments, but occurred when the first offense in such series only for bond amounts within the amount of occurred; or coverage available; d. With respect to errors or omissions injury, a (e) Reasonable expenses incurred by the covered negligent act, error, omission, or violation of party at "our" request to assist "us" in the any rights,privileges,or immunities secured by investigation or defense of the claim or suit, the Constitution and the laws of the United including actual loss of earning up to $100 a States of America or a series of related acts, day because of time off from work; errors, omissions, or violations of which the series of related acts, errors, omissions, or (f) Cost taxed against the covered party in the suit; violations shall be deemed to have occurred when the first act, error, omission, or violation (g) Interest on the full amount of any judgment that occurred. accrues after entry of the judgment and before "we" have paid, offered to pay, or deposited in 5. Occurrence limit means any specific limit, other court the amount available for the judgment than an aggregate limit, applicable to any under the provisions of SECTION II-LIMITS underlying coverage, regardless of whether such OF COVERAGE. limit is subject to an aggregate limit in the underlying coverage. 3. Defense expense does not include: 6. Underlying coverage means the liability coverage (a) Salaries and expenses of"our"employees or the provided under coverage agreements shown in the covered party's employees, other than: Declarations,for the limits and period indicated.It includes any coverage agreements issued to replace (b) That portion of"our" employed attorney's fees, those coverage agreements during the term of this salaries and expenses allocated to a specific covenant that provide: claim or suit; and a. At least the same coverage limits; (c) The expenses described in(e)above. b. The same hazards covered, except as modified (d) Fees and expenses of independent adjusters by general program revisions or as agreed to by "we"hire. "us" in writing;and 4. Occurrence means: c. The same retroactive date,if issued on a claims made basis. a. With respect to bodily injury to persons other than "your"employees and property damage,an Underlying coverage also includes any extended accident, including continuous or repeated reporting periods on the policies shown in the exposure to substantially the same general Declarations.It includes only coverage agreements harmful conditions; and shown in the Declarations or endorsed onto this covenant. b. With respect to bodily injury to "your" employees arising out of and in the course of 7. Underlying carrier means any carrier who issues their employment by "you", the accident or underlying coverage. disease which causes the bodily injury; and LMCIT MELC(11/86)(Rev.12/95;11/96;11/97:11/98) Page 4 of 7 arising out of the use of any vehicle to which c. With respect to personal injury liability, all 410 bodily injury liability coverage provided by personal injury arising out of a single offense or underlying coverage applies; a series of related offenses of which the series of related offenses shall be deemed to have (d) The cost of bonds to release attachments, but occurred when the first offense in such series only for bond amounts within the amount of occurred; or coverage available; d. With respect to errors or omissions injury, a (e) Reasonable expenses incurred by the covered negligent act, error, omission, or violation of party at "our" request to assist "us" in the any rights,privileges,or immunities secured by investigation or defense of the claim or suit, the Constitution and the laws of the United including actual loss of earning up to $100 a States of America or a series of related acts, day because of time off from work; errors, omissions, or violations of which the series of related acts, errors, omissions, or (f) Cost taxed against the covered party in the suit; violations shall be deemed to have occurred when the first act, error, omission, or violation (g) Interest on the full amount of any judgment that occurred. accrues after entry of the judgment and before "we"have paid, offered to pay, or deposited in 5. Occurrence limit means any specific limit, other court the amount available for the judgment than an aggregate limit, applicable to any under the provisions of SECTION II-LIMITS underlying coverage, regardless of whether such OF COVERAGE. limit is subject to an aggregate limit in the underlying coverage. 3. Defense expense does not include: • 6. Underlying coverage means the liability coverage (a) Salaries and expenses of"our"employees or the provided under coverage agreements shown in the covered party's employees, other than: Declarations,for the limits and period indicated.It includes any coverage agreements issued to replace (b) That portion of"our" employed attorney's fees, those coverage agreements during the term of this salaries and expenses allocated to a specific covenant that provide: claim or suit; and a. At least the same coverage limits; (c) The expenses described in(e)above. b. The same hazards covered, except as modified (d) Fees and expenses of independent adjusters by general program revisions or as agreed to by "we"hire. "us" in writing; and 4. Occurrence means: c. The same retroactive date,if issued on a claims made basis. a. With respect to bodily injury to persons other than "your" employees and property damage, an Underlying coverage also includes any extended accident, including continuous or repeated reporting periods on the policies shown in the exposure to substantially the same general Declarations.It includes only coverage agreements harmful conditions; and shown in the Declarations or endorsed onto this covenant. b. With respect to bodily injury to "your" employees arising out of and in the course of 7. Underlying carrier means any carrier who issues their employment by "you", the accident or underlying coverage. • disease which causes the bodily injury; and LMCIT MELC(11/86)(Rev.12/95;11/96;11/97:11/98) Page 4 of 7 SECTION IV - CONDITIONS If any of the following conditions are contrary to "You" must see to it that "we" receive written conditions contained in the underlying coverage the notice of the claim as soon as practicable. provisions contained in."this coverage" apply. c. "You" and any other involved covered party 1. APPEALS must: In the event the underlying carrier elects not to (1) Immediately send "us" copies of any appeal a judgment in excess of the limits of the demands, notices, summonses or legal underlying coverage, "we"may elect to make such papers received in connection with the appeal. If "we" so elect, "we" shall be liable, in claim or suit; addition to the applicable amount of coverage,for all defense expenses "we" incur. (2) Authorize"us"to obtain records and other information; 2. BANKRUPTCY OF UNDERLYING CARRIER (3) Cooperate with "us" in the investigation, In the event of bankruptcy or insolvency of any settlement or defense of the claim or suit; underlying carrier, the coverage afforded by this covenant shall not replace such underlying (4) Assist "us", upon "our" request, in the coverage, but shall apply as if the underlying enforcement of any right against any coverage was valid and collectible. person or organization which may be liable to the covered party because of injury or 3. DUTIES IN THE EVENT OF OCCURRENCE, damage to which"this coverage"may also CLAIM OR SUIT apply; and 411 a. "You" must see to it that "we" are notified as (5) Notify "us" immediately of any judgment soon as practicable of an occurrence which may or settlement of any claim or suit brought result in a claim to which "this coverage" against any covered party. applies. To the extent possible, notice should include: d. No covered party will, except at its own cost, voluntarily make a payment, assume any obligation, or incur any expense,other than for (1) How,when and where the occurrence took first aid,without "our" consent. place; 4. MAINTENANCE OF UNDERLYING (2) The names and addresses of any injured COVERAGE person and witnesses; and a. "You" agree to maintain the underlying (3) The nature and location of any injury or coverage in full force and effect during the damage arising out of the occurrence. term of this covenant and with respect to any Notice of an occurrence is not notice of a claim. claims made underlying coverage, during any extended reporting period of this covenant,and b. If a claim is received by any covered party to inform "us" within 30 days of any "you"must: replacement of that underlying coverage by the same or another company. (1) Immediately record the specifics of the claim and the date received; and b. "You" must notify "us" immediately: • (2) Notify"us" as soon as practicable. (1) Of any changes to the underlying coverage. LMCIT MELC(1 I/86)(Rev.12/95;11/96; 11/97:11/98) Page 5 of 7 "We"may adjust"our"premium accordingly contingent or any other basis, except other • from the effective date of the change to the coverage written specifically to be excess over underlying coverage; "this coverage". (2) If any underlying coverage is canceled or 6. COVERAGE PERIOD not renewed and not replaced,"we"will not be liable under this covenant for more than a. If the underlying coverage applies on a claims "we" would have been liable if that made basis, "this coverage" will respond to underlying coverage had not terminated. injury or damage only if a claim for damages is Except as provided in paragraph(3)below, first received and recorded, in the manner "we" may cancel the portion of this prescribed by the underlying coverage, during covenant that applies to that underlying the coverage period of this covenant shown in coverage as of the date of termination of the the Declarations, including any extended underlying coverage.If"we" cancel, reporting period applicable to this covenant, and the underlying coverage is on a claims regardless of any extended reporting period made basis, "we" will: applicable to underlying coverage. (a) Provide a basic extended reporting b. If the underlying coverage does not apply on a period; and claims made basis,"this coverage"will respond to injury or damage that occurs or arises from (b) Offer a supplemental extended reporting an offense committed, during the coverage period endorsement, but only if "you" period of this covenant shown in the obtain a similar endorsement for the Declarations. underlying coverage, as provided in • CONDITION 7 - EXTENDED 7. EXTENDED REPORTING PERIOD REPORTING PERIOD. With respect to coverage under this covenant that (3) If the retroactive date of any underlying is excess over underlying coverage which applies coverage is changed, "we" may: on a claims made basis: (a) Cancel this covenant as of the effective a. LMCIT will provide one or more extended date of the change in the retroactive reporting periods,as described below if: date; and (1) SECTION I-LIABILITY COVERAGE is (b) Offer to renew or rewrite this covenant canceled or not renewed; or with the same retroactive date as the underlying coverage. (2) LMCIT renews or replaces SECTION I - LIABILITY COVERAGE with coverage c. Reduction or exhaustion of the aggregate limits that: of any underlying coverage by payments or judgments,settlements or defense expense will (a) Has a retroactive date later than the date not be a failure to maintain underlying coverage shown on the Declarations page; in full force and effect. (b) Does not apply to bodily injury, d. No statement contained in this condition limits property damage, personal injury, or "our"right to cancel or not renew this covenant. errors or omissions injury on a claims made basis. 5. OTHER COVERAGE • b. A basic extended reporting period of 60 days "This coverage" is excess over any other valid and from the end of the coverage period is collectible coverage whether primary, excess, LMCIT MELC(11/86)(Rev.12/95;11/96;11/97:11/98) Page 6 of 7 I - • automatically provided without additional charge. but not before the retroactive date shown in the Declarations. c. A supplemental extended reporting period of unlimited duration is available, but only by an Claims for injury or damage which are first endorsement and for an extra charge. The received and recorded during the basic extended supplemental extended reporting period starts reporting period (or during the supplemental 60 days after the end of the coverage period. extended reporting period,if it is in effect)will be deemed to have been made on the last day of "You" must give "us" a written request for the the coverage period. Once in effect, extended endorsement within 60 days after the end of the reporting periods may not be canceled, unless coverage period. The supplemental extended underlying coverage is not maintained. reporting period will not go into effect unless "you" pay the additional premium promptly when e. Extended reporting periods do not reinstate or due. increase the limits of coverage applicable to any claim to which "this coverage" applies. The additional premium for the supplemental extended reporting period will be a percentage of 8. NO WAIVER OF STATUTORY LIABILITY the annual expiring premium. LIMITATIONS OR IMMUNITIES Number of Years a. It is the express intent of the city and of LMCIT Since Retroactive that the procurement of this covenant shall not Date Shown on the waive any monetary limits of liability provided Declarations Page Additional Cost by Minnesota Statute 466.04, by any comparable or successor statute,or by common 1 50% law, which may be applicable to any "covered* 2 70% party";and that any previous waiver of liability 3 80% limits is revoked to the extent that it may apply 4 90% to claims covered under this covenant. 5 100% 5+ 100% b. It is the express intent of the city and of LMCIT that the procurement of this covenant shall not d. Extended reporting periods do not extend the waive any other immunities, limitations, or coverage period or change the scope of defenses imposed by or available under any coverage provided. statute or common law which is applicable to any "covered party". They apply only to claims: (1) For bodily injury or property damage which occurs before the end of the coverage period; (2) For personal injury caused by an offense which occurs before the end of the coverage period; or (3) For errors or omissions injury caused by a negligent act, error, omission, or violation that occurs before the end of the coverage period; • LMCIT MELC(11/86)(Rev.12/95;11/96;11/97:11/98) Page 7 of 7 • UNINSURED/UNDERINSURED MOTORISTS - FOLLOW FORM It is agreed and agreed that in so far as coverage is provided in the underlying coverage, uninsured and underinsured motorists coverage is on a follow form basis. • All other terms and conditions remain unchanged. • LMCIT UME-4 (01-95) (Rev. 11-99) Page 1 of 1 EXTENDED REPORTING PERIOD - LIMITED POLLUTION EXCEPTION • With respect to Limited Pollution Coverage under this Covenant, which is excess over underlying coverage, the basic extended reporting period and the supplemental extended reporting periods under Section IV - Conditions are not available. • All other terms and conditions remain unchanged. • LMCIT UME-43 (01-95) Page 1 of 1 EXTENDED REPORTING PERIOD - LAND USE LIABILITY EXCEPTION • With respect to Land Use Liability Coverage under this Covenant, which is excess over underlying coverage, the basic extended reporting period and the supplemental extended reporting periods under Section IV - Conditions are not available. • All other terms and conditions remain unchanged. I LMCIT UME-46 (01-95) Page 1 of 1 MUNICIPAL EXCESS LIABILITY COVERAGE WAIVER OF STATUTORY LIABILITY LIMITATIONS ENDORSEMENT -In consideration of the additional premium paid by the city, Section IV- Conditions, para. 8, is deleted and is replaced by the following: 8. STATUTORY LIABILITY LIMITATIONS AND IMMUNITIES a. It is the express intent of the city and of LMCIT that for any claim to which this covenant applies, the monetary limits of liability provided by Minnesota Statute 466.04 are waived to the extent of the limits of coverage shown in the declarations and further described in Section III - Limits of Coverage. This waiver shall not apply to any claim not covered under this covenant, and shall not affect any limitations which may apply by virtue of any other statute or common law. • b. It is the express intent of the city and of LMCIT that the procurement of this covenant shall not waive any other immunities, limitations, or defenses imposed by or available under any statute or common law which is applicable to any "covered party". All other terms and conditions remain unchanged. • UME-47(11/971 r ' City of Oak Park Heights 2003-2004 Insurance Estimate of Values ings $ 5,587,878 Park&Playground Equipment $ 415,727 Vehicles $ 223,766 Building Contents $ 214,309 Water Meters $ 190,933 EDP Equipment $ 130,404 Mobile Equip.1 $ 68,117 Utility Equipment $ 31,137 Police Department Equipment $ 30,397 Mobile Equip 2. $ 10,935 Fire Safety Equipment $ 2.197 Total $ 6,905,800 • C riL7 League of Minnesota Cities M Insurance Trust 145 University Avenue West,St Paul, MN 55103-2044 • Q of Minnesota Cities (651)281-1200 • (800)925-1122 Cities Fax:(651)281-1298 • TDD: (651)281-1290 www.lmnc.org December 15, 2003 ) M © -0-- n‘ ,\:- DEC '103 To: Mayors and council members of LMCIT member cities II ff V . From: LMCIT Board of Trustees ___ 1 Les Heitke, Mayor, Willmar Sherry Butcher, City Council, Eden Prairie Joel Hanson, City Administrator, Little Canada Brenda Johnson, City Council, Chatfield 1 Todd Prafke, City Administrator, St. Peter Paul Sparks, City Manager, Albert Lea Jim Miller, LMC Executive Director I Re: LMCIT 2003 dividend and 2004 rates Dividends The LMCIT property/casualty program is again returning$9 million to member cities as a dividend this year. We'd like to congratulate you on what your city has accomplished by cooperating through LMCIT and committing to reducing losses. • When LMCIT is able to return a dividend, it's primarily just a byproduct of two factors: • LMCIT is a cooperative non-profit organization of cities, owned and controlled by the member cities themselves. If LMCIT has funds that aren't needed for losses, expenses, or reserves,the only place those funds can go is back to the member cities. • LMCIT's financial policies are conservative. Premium rates are designed with a safety margin, so they'd cover the losses and expenses even if the losses turned out to be greater than projected. If losses turn out to be at or below projections, that safety margin isn't needed and can be returned to the members. This is the seventeenth straight year that the LMCIT LMCIT Dividends property/casualty program $166 million since 1987 has returned a dividend to its members. LMCIT's $30,000,000 i property/casualty and workers compensation $20,000,000 programs together have MEM $10,000,000 returned $166 million to member cities since 1987. i J n _ 1 �l i i • $0 '87 '88 '89 '90 '91 '92 '93 '94 '95 '96 '97 '98 '99 '00 '01 '02 '03 Property/casualty ■Work Comp AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER We've enclosed a chart showing your city's share of this year's LMCIT property/casualty • dividend, how that compares with your premiums, and what your city's past premiums and dividends have been. Each city's share of the total dividend depends on the city's total premiums and losses for all the years the city has been a member of LMCIT. The longer your city has been a member and the more successful you've been in avoiding losses, the greater your city's dividend. LMCIT premiums for 2004 Property/Casualty Program One of LMCIT's fundamental goals is to provide the coverage cities need at a stable and predictable cost. That's not to say that costs will never increase. Costly reinsurance premiums and an unusual string of large property losses mean that property rates for 2004 need to go up. Fortunately, good loss experience has made it possible to reduce liability rates for 2004, offsetting the higher property rates. Overall property and liability premiums should stay about at last year's levels. Individual cities may see some modest premium increases as a result of changes in city property values or new exposures. Workers Compensation Rising medical costs are having a dramatic impact on LMCIT's work comp rates,which as a 111/ result are increasing 12 percent on average for 2004. Every three years, we also make adjustments to personnel classifications for work comp rating purposes. The result this year is that some personnel classes may see rates increase by up to 30 percent. In most cases, these increases should be offset by decreases to other personnel classes. Even though the work comp coverage rate increases are higher than we'd like,that increase will be nothing like the 20%, 50% or even greater increases that private insurance buyers are seeing. At the end of the day, what the premium rates are and whether LMCIT can return a dividend both depend, quite simply, on what the losses are. LMCIT's member cities have done an outstanding job of controlling and avoiding losses. That takes both the support of the city's elected officials and the efforts of your city staff. Your commitment to controlling losses pays off for all of us—thank you and congratulations. Questions If you have any questions about your city's share of LMCIT dividends or our premium rates for 2004,please call Pete Tritz at 651-281-1265; Ann Gergen at 651-281-1291; or any of the members of the LMCIT Board. • 2 League of Minnesota Cities Insurance Trust LMC 145 University Avenue West,St Paul,MN 55103-2044 • (651)281-1200 • (800)925-1122 �eaoug°f Minnow&�'b°' Fax:(651)281-1298 • TDD:(651)281-1290 CON Ong anm�anaa WWW.Imnc.org December 15,2003 To: City Officials From: LMCIT Board of Trustees Re: 2003 Property/Casualty Dividend We are very pleased to enclose a check for your city's share of the $9 million dividend which the LMCIT property/casualty program is returning to member cities. Also included in this mailing are the following: • A data sheet showing the premium and loss data used to calculate your city's dividend; and • A memo explaining in detail how your city's dividend is calculated. • We've also enclosed two other items which we'd ask you to share with the city council: • A memo to elected officials with some background information on the dividend; and • Graphs showing your city's premium and dividend history. Please feel free to call Pete Tritz at 651-281-1265, Ann Gergen at 651-281-1291, or Amy Mansager at 651-281-1280 if you have any questions or need any additional information. i\d DEC • AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER League of Minnesota Cities Insurance Trust 145 University Avenue West,St.Paul, MN 55103-2044 Citiesa of otin exc once (651)281-1200 • (800)925-1122 C� �� �� Fax:(651)281-1298 • TDD: (651)281-1290 www.imnc.org December 12, 2003 LE © G u E To: LMCIT cities and agents DEC 1 6 atj 1 From: LMCIT Board of Trustees Re: 2003 LMCIT property/casualty dividend—calculations and outlook Members of the LMCIT property/casualty program are sharing again this year in a$9 million dividend. This memo will give you some information on the dividend,how your city's share is calculated, and what you might expect as far as future dividends. How does LMCIT determine your your city's dividend? The first step is for the LMCIT Board to determine how much surplus funds are available and not needed for losses, expenses,or reserves. This year the Trustees determined that$9 million could be returned to our member cities. • The next step is to allocate that total among the members. The surplus that LMCIT has at any one time is the cumulative result of all of the cities' premiums and losses since LMCIT began. Cities that have been members the longest, that have contributed the most in premiums, and that have had fewer losses have in effect contributed more to creating the surplus. The dividend formula is designed to return a proportionally greater share of the total dividend to those cities. Each city's share is proportionate to the difference between that city's total earned premiums and total incurred losses for all the years the city has participated in LMCIT. The formula also incorporates a "loss limiting factor" to temper the effect of a single large "shock" loss on the city's dividend. Without this kind of limitation, a small or mid-sized city that happened to be hit by a single catastrophically large loss might not receive any dividend for many years. The dividend calculation The enclosed sheet shows the premium and loss figures that were used to calculate your city's dividend. The premium figure is your city's total of all earned premiums through May 31, 2003, for all of the years the city has been an LMCIT member. The "adjusted loss" figure is your city's losses for all years of participation, minus applicable deductibles, and after capping each individual large loss. For purposes of the dividend formula, each individual loss is capped at the lesser of either the city's earned premium for that year or $100,000. • To calculate the dividend, we subtract your city's adjusted losses from your earned premiums. The remainder represents your city's contribution to the surplus. We do that same calculation for AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER all of the member cities, add up all of those remainders, and then calculate your city's remainder as a percentage of that total. Your city receives that percentage of the $9 million total that's available this year. This is the same formula we've used for many years. What's behind this year's dividend? Several factors were involved in producing the funds that are available to be returned this year: • As has been the case for the past several underwriting years, municipal liability and auto liability losses have been less than the projected losses which the premium rates for those years were designed to fund. We did,however,have an unusual string of large property losses this year. • There's a"safety margin"built into the LMCIT premium rates,to cover the risk that losses might turn out to be greater than projected. When losses are less than projected, that margin isn't needed and can be returned as a dividend. • Earned premiums have been more than what we'd projected due to several factors: new members joining the program, existing members deciding to add optional coverages, and continued growth in cities' exposures. • LMCIT's fixed-income investments have gained in value somewhat as market rates have declined, so we've realized some capital gains on investments. One word of caution-while the liability picture overall is good, an ongoing area of concern is • the cost of litigation relating to land use regulation and development. Those litigation costs make up a significant part of the total municipal liability cost, and they've been quite volatile from year to year. Should we expect similar dividends in the future? For several years, we've been moving in the direction of strengthening LMCIT's financial reserves and fund balances, and at the same time reducing somewhat the size of the"safety margin"that's built into the rates. If losses turn out to be at or below what we projected when we set the rates, that"safety margin" is where the surplus funds for dividends come from. Another factor to be aware of is reinsurance. While it may be loosening a bit, the reinsurance market is currently more difficult than it's been for many years. One result of the current reinsurance market is that our costs have increased significantly, especially for property risks. It might in the future make economic sense for LMCIT to retain more risk rather than to reinsure it. To do so,we'll need to have a strong fund balance to support that retained risk. Again this year,the LMCIT Board further strengthened LMCIT's financial reserves so that we'd be able to handle increased risk if necessary,but it's possible we'd need to strengthen them even further in the future. That could mean retaining some funds that could otherwise be available to be returned as dividends. 2 11,77- All else being equal,we'd expect in the future to have less surplus funds available to be returned as dividends unless, of course, cities can continue to reduce losses further. The bottom line is this—the most important factor that determines whether LMCIT can return a dividend in any future year and how much that dividend might be is what cities' losses turn out to be. For purposes of financial planning,here are the key points to keep in mind: p� P g� Y p P • In preparing city budgets, don't rely on there being future dividends. LMCIT will return funds that aren't needed for losses,expenses, or reserves, but we can never guarantee how much if any unneeded funds will be available to be returned in any future year. • The long-term trend is likely to be for smaller dividends in the future. As we've reduced overall rate levels, the safety margin in the rates is smaller. That margin is what produces the dividend if losses come in at or below projections. Because LMCIT has been able to return sizable dividends for many years in a row, some cities have begun to build those amounts into their budgets. If your city does so, make sure you have a plan for what you'd do if there is no 2004 dividend or if it's substantially smaller. The LMCIT work comp program's recent history is a good illustration. Work comp members received dividends each year from 1997 through 2000. But because of rising loss costs, that program has essentially broken even since then—which means that no excess funds have been available to be returned as a dividend to work comp members. We'll do our best to run the program as economically as we can. LMCIT will return to the members any funds that aren't needed for losses, expenses,or reserves. But we can't guarantee that there will always be a sizable dividend, or any dividend at all. It's important to keep that in mind when you're doing your financial planning. Caution about the future aside,we want to congratulate member cities on another successful year. Cities put significant effort into controlling losses and made the commitment to cooperating through LMCIT,which in turn contributed to a good year and a$9 million dividend. If you have any questions or comments, please feel free to contact Pete Tritz or Ann Gergen at the League office, or any of the members of the LMCIT Board. • 3 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST PROPERTY/CASUALTY 2003 DIVIDEND CALCULATION AT MAY 31, 2003 FOREST LAKE INSURANCE AGENCY OE x �����` DBA LANDMARK INSURANCE SVCS 232 S LAKE ST FOREST LAKE MN 550252 OAK PARK HEIGHTS 14168 OAK PARK BLVD P.O. BOX 2007 STILL WATER MN 55082 • GROSS EARNED PREMIUM $ 740,047 ADJUSTED LOSSES $ 104,830 MEMBERS DIVIDEND PERCENTAGE .00159229880 DIVIDEND AMOUNT $ 14,331 League of Minnesota Cities Insurance Trust Property/Casualty Program OAK PARK HEIGHTS Premium and Dividend History $60,000 $50,000 oil $30,000 $20,000 $10,000 i ;i:j 1, 77 94 95 96 97 98 99 '00 01 02 03 Premiums $48,060 $45,352 $45,311 $43,126 $43,126 $48,711 $51,199 $49,224 $50,034 56791 \Dividends $13,556 $15,150 $20,700—i $18,969 $15,430 $11,209 $7,858 $12,729 $14,393' 14331 • OAK PARK HEIGHTS Premiums and Dividends since 1987 $800,000 $700,000 z -' $600,000 $500,000 *� e# $400,000 $300,000 $200,000 - 410.: *' 4 $100,000 O t,,,, ;; Premiums Dividends • 06/24/2003 TUE 13:42 FAX Q002/004 League of Minnesota Cities Insurance Trust Group Self—Insured Workers' Compensation Plan 145 University Avenue West St. Paul, MN 55103-2044 Phone (651)215-4173 • Notice of Premium Options for Standard Premiums of $25,000-$50,000 OAK PARK HEIGHTS, CITY OF Agreement No. : 0200072917 PO BOX 2007 Agreement Period: From: 7/07/2003 OAK PARK HEIGHTS MN 55082 To: 7/07/2004 Enclosed is a quotation for workers' compensation deposit premium. ESTIMATED DEPOSIT PAYROLL DESCRIPTION CODE RATE PAYROLL PREMIUM SEE ATTACHED SCHEDULE FOR DETAILS C' 'rn • Manual Premium 4' 2620L 30929. Experience Modification .85 +8f. Standard Premium 26290. Deductible Credit 0% Premium Discount 44210, 2023. Net Deposit Premium 24267. 4-406(• MANAGED CARE CREDIT Cities that enroll with a state-certified managed care organization(MCO) receive a 3% premium credit on their work comp coverage. Standard Managed Care Net Deposit Premium Credit Premium 26290. 3% 23478. OPTIONS Please indicate below the premium option you wish to select. You may choose only one option and cannot change options during the agreement period. NET DEPOSIT PREMIUM iv_ Regular Premium Option 24267. or, with 3% Managed Care Credit: 23478. LM 4514(3/02) 06/24/2003 TUE 13:42 FAX 10003/004 } League of Minnesota Cities Insurance Trust Group Self-Insured Workers' Compensation Plan 145 University Avenue West St, Paul, MN 55103-2044 • (651)215-4173 The "City" Agreement No. : 0200072917 Agreement Period From: 7/07/2003 OAK PARK HEIGHTS, CITY OF To: 7/07/2004 PO BOX 2007 OAK PARK HEIGHTS MN 55082 CONTINUATION SCHEDULE FOR QUOTATION PAGE REMUNERATION RATE CODE DESCRIPTION EST. PR EM 16744. 4.84 *AY 5506 STREET CONSTRUCTION 810. 4-334. --3''15. 104650. 2.65 i.Z. 7520 WATERWORKS 2773. 4 I _ 62790. 3.36 r•10 7580 SEWAGE DISPOSAL PLANT 2110. 4i2,5. 1 , 661023. 3.31 *-.3o 7720 POLICE 21880. ru zv• 354 + 2 1626. +lq 4, 4.1,g• 346012. .47_.vS 8810 CLERICAL OFFICE EMPLOYEES NOC 3. 25037. 2.87 4•14 9102 PARKS • 719. +i87. 76023. 1.18+.1v 9410 MUNICIPAL EMPLOYEES 897• .cf92• 26000. .44 _,4o 9411 ELECTED OR APPOINTED OFFICIALS 114. tIC, Sao Manual Premium 30929. • ;�� •.' rv; 4 ,a,:r,.' .i' ,..... .. .r ; 4c.,,� ,w:.,.�,, •:."�•• '4-'o.. •r3.;;C('•'; ..✓✓�. *ro�,.�`•^ata• •+y-.=ro:1 X;�'J- � :✓ ��f:.�v.k i� '�'a^,4;•.�p a+ •�.',%i}Lf�: ';:..,�' •.�`'�E�.p!.�gyiJ p�uvd..M r��. „�,, ,:4'.�r",.�'•+ �•N ..,.•��,Q� " Az:.; „�,w;7+'•�r Y'°'��•' ',,r��r�I T,�,r• r '�df+^`Y"•;r+�S.S' ; v'£.N''1. •' �. • `'R:-.r•- ♦ ..-t.�''i�"�. iS!'f •. y' .�,�q,,`..n.c a�' %!;:- , Kr ,g./ . S7,-,r � ` Ofr�� ; w •<r ^�� o` • • ...:"'1i+K�• � "a'� t • • Y • • 06/24/2003 TUE 13:43 FAX 004/004 a 2. _ Deductible Premium Option Deductible options are available in return for a premium credit applied to your estimated standard premium of$ 26290. The deductible will apply per occurrence to paid medical costs only. 0 There is no aggregate limit. Deductible Premium Credit NET DEPOSIT PREMIUM per Occurrence Credit Amount with MCO Credit without $250 2.50% 657. 22821. 23610. $500 4.00% 1052. 22426. 23215. $1,000 6.00% 1577. 21901. 22690. $2,500 9.50% 2498. 20980. 21769. $5,000 13.50% 3549. 19929. 20718. $10,000 18.50% 4864. 18614. 19403. 3. Retrospective Rates Premium Option Retro-Rated Est.Minimum Retro-Rated Est.Maximum Minimum Factor Premium Maximum Factor Premium .888% 22645. 1.150% 29326. .811% 20681. 1.250% 31876 . .701% 17876. 1.500% 38252. This quotation is for a deposit premium based on your estimate of payroll and selected options. Your final actual premium will be computed after an audit of payroll subsequent to the close of your agreement year and will be subject to revisions in rates, payrolls and experience modification. While you are a member of the LMCIT workers' Compensation Plan, you will be eligible to participate in divident distributions from the Trust based upon claims experience and earnings of the Trust. • If you desire the coverage offered above, please return this signed document and your check for the net deposit premium option you have selected (made payable to the LMCIT) to: League of Minnesota Cities Insurance Trust Workers' Compensation Department P.O. Box 581517 Minneapolis, MN 55458-1517 This quotation should be signed by an authorized representative of the city requesting coverage. Signature Title Date LM 4513(3/02) I - 06/24/2003 TUE 13:42 FAX 0001/004 MEMO Landmark Insurance Services F �p '11 '"" ' " M =MN �+ .Y,'j'�,Y�1f1�f. �1,�.'/�) I�J.TM'1.��MSM.F �1� 232 South Lake Street OAKPA-1 KT 06/24/2/ 003 le Forest Lake lv1I' 55025 �j A , �1"% Ti ,< < �. y Lake, iy� pw� Mt,,, 1U1`t d��i t<1 1 V 7 +, �.. I t ',,',� ; i , .r Phone; 651-464-3333 Fax 651-464-7596 ��;+ f ,i,s, l vin? � t ,a•,' �• ^(' + �i•} C , ` 0200072911 WC 07/07/1997 07/07/1998 City of Oak Park Heights Eric Johnson,City Admin. 14168 Oak Park Blvd PO Bx 2007 Oak Park Heights,MN 55082-6476 1 n i r ?w c J , e L y' . i v , ` ayl t �•I•�•,.'� ., r � .,. `• �, , �.'. lI � ��, �^ i ,�� �� �s M , �,„ ' t6. N .$, i :• Here is a copy of the WC renewal premium options sent to OPH by the LMCIT on 5-7-03. The hand-written notes are mine refecting increases or decreases in payrolls, rates and premiums . The payroll amounts would be from the information you sent the LMCIT in May. Call if you have questions. 'hank you. Kate Tipp • ;.+`,,.y;«•%_' '�.;jx�t�`,r'."•:,.ey�....,.v�.�r.A�ad�' ,�� '�'iy�"`�:.C ' :���it'dC'G<, "i••sS:�,.;•:.e••v ;rs� " , .; '""^ "�``'i%,•,,, � ..,..T.�b"„, �• , ' .; ..�7:r^'' v .tpe�?�,,'�1``�fu'.•�iy.,;:essfb.��r"'}y�' 4 ;w,,�6.S.Y'� ``.•, '�.j�• .,r. �,1,~w Y.'� � •h t k 3 j �'�( �•M,i<. ti. 6 YTt ♦�L T.omti�'��. �•M r w'X.•.,. `p•. ^Y . �Y t,a/'..�r" h Z ,:rr`��.�;�"D"' •:5•�0,� •j.t••.ri.•; 1. C�riba' � G ': '�•� • /e/e°. • ' t • • ! • • • r. • • f 1 r a n r y e j• ri { -<� .,,:,..51`*.✓,.,, .[..ray F ,?�wt,�u._. �. ..v:.... t.,,...w;C4h.. ..��: � F..�.:�.-.2�"r, c'.. — 4J City of Oak Park Heights 14168 Oak Park Blvd. Box 2007 Oak Park Heights,MN 55082 Phone(651)439-4439 Facsimile(651)439-0574 facsimile transmittal To: L'aM C. 1...`\-- Fax: U. - From: Gifv ible,e.�► 1� Qf�. Date: CJ 1. to -U . Re: _t h ra R e rn z w t Pages: 3 41) CC: ❑ Urgent ❑For Review ❑ Please Comment ❑Please Reply ❑ Please Recycle • Notes: • • rt".+7"K7'^s a` ..r�.' ,x,"'r -,-r •""i"".»...`�'- "�:Z�.1.- .r,,.. n tj w 4 r r', Sid •rr L.. r d. l r 4.a M a r M1 5 ` jFr2 qfi �! { d.7 t M " g i 1 • -w'�{i fry it; � t r xv City Employees: Please indicate the estimated payroll for City employees for the coming policy year. The payroll descriptions and codes provided are the most commonly used. If you need to add additional payroll descriptions, please use the blank spaces and the codes on the attached list. Sioliday, and vacation pay should be included in the payroll totals. Do not reduce payrolls for sick, holiday, and vacation pay. Does your City have a flexible benefits plan such as a cafeteria plan, Section 125 plan, or flexible reimbursement account plan? Yes No X Employee contributios to a flexible benefits plan should be included in the payroll figures you provide. City contributions should not be included. (This is similar to how these plans are treated under PERA.) Payroll Description Code 1` Payroll Description Cod ,w•. 1: t Ambulance Services(Not Volunteer) 7380 $ Sewage Plan 7580 $ 62 790 Ambulance Services (Volunteer) 7381 $ Off Sale Liquor Store 8017 $ Building Operations 9015 $ Street and Road Construction 5506 $ 16744 City Shop and Yard 8227 $ Waterworks 7520 $ 10 46 5 0 Clerical Office 8810 $ 346012 Other: $ Electric and Steam Power 7539 $ Other: $ Firefighters(Not Volunteer) 7706 $ Other: _ $ Firefighters (Volunteer) 7708 $ Other: $ Municipal Employees 9410 $ 76023 Other: $ Parks 9102 $ 25037 Other: _ $ Police 7720 $ 661023 Other: $ Restaurant and Bars (on sale) 9084 $ Other: $ PREMIUM OPTIONS Pltelect the premium options below in which the City is most interested. All of the premium options selected will be quoted to City; however, only one premium option can be ultimately assigned for the coming plan year. Regular Premium Option: Please indicate if the City would be interested in the regular premium option. Yes X No Deductible Options: Please Indicate the deductible level and associated premium discount the City would like to consider. Deductible Premium Credit $250 3% $500 4.5% $1,000 6% $2,500 10% $5,000 13.5% $10,000 18% Retrospective Rating:Please indicate if the City would be interested in retrospective rating (if applicable). Yes No X Managed Care Option: Please indicate if the City participates in a state-certified managed care organization (MCO) for workers' compensation benefits, and if so, the name of that organization. Yes No X MCO: Contact Information: Please provide us with a contact for questions about the City's workers' compensation coverage. gbrunckhorst(icitvof City Contact Person Gary D. Brunckhorst Phone 651-439-4439 Email oakparkheights , corn Please fax this completed form to the League of Minnesota Cities Insurance Trust at 651-281-1297. If you have any questions, please contact Barb Meyer, Policy Services Technician, by phone at 651-215-4173 or 800-925-1122, or via email at bmeyer2 @lmnc.org. LMCIT LIABILITY COVERAGE-WAIVER FORM mekCities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide AK hether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The INIF decision to.waive or not to waive the statutory limits has the following effects: . If the city does not waive the statutory tort limits,an individual claimant would be able to recover no more than$300,000.on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to$1,000,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. . If the city waives the statutory tort limits and does not purchase excess liability coverage,a single claimant could potentially recover up to$1,000,000. on a single occurrence. The total which all claimants would be.able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $1,000,000.,regardless of the number of claimants. . If the city waives the statutory tort limits and purchases excess liability coverage,a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased,regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. •'''his decision must be made by the city council. Cities purchasing coverage must complete and return dik .is form to LMCIT before the effective date of the coverage. For further information,contact LMCIT. You may also wish to discuss these issues with your city attorney.. The City of Ow wit iiftGta-S" accepts liability coverage limits of$i � 000 000. from the League of Minnesota Cities Insurance.Trust(LMCIT). Check one: The city DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the liability covera:e obtained from LMCIT. Date of city co . ' me- ' 2t1 I - / ,dif • / U Signature / % Position G t Ty AD P1/ti IS MA-Jpi • Return this complete",orm to LMCIT, 145 University Ave. W., St. Paul, MN. 55103-2044 41 S Page 1 of 1 City of Oak Park Heights • w LMCIT Cost Trends-ALL DEPARTMENTS Oil Actual Actual Actual Budgeted General Fund 2000 2001 2002 2003 Building&Content $ 6,984 $ 8,917 $ 10,873 $ 11,650 Equipment(PTO) 4,438 3,930 4,178 4,470 Workers Comp 11,932 13,890 13,148 15,000 General Liability 14,068 16,114 16,847 18,025 Umbrella 3,946 3,978 4,299 4,600 - - Subtotal $ 41,368 $ 46,829 $ 49,345 $ 53,745 W Building&Content 2,145 2,201 2,253 2,425 Equipment(PTO) 530 734 735 800 Workers Comp 3,479 2,750 2,834 2,925 General Liability 6,581 5,421 6,900 7,385 Umbrella 1,550 1,382 1,494 1,600 Subtotal $ 14,285 $ 12,488 $ 14,216 $ 15,135 Sewer Building&Content 211 367 377 400 I Equipment(PTO) 530 440 441 475 io Workers Comp 3,469 2,750 2,835 2,925 General Liability 6,580 5,422 6,900 7,385 Umbrella 1,550 1,382 1,494 1,600 Subtotal $ 12,340 $ 10,381 $ 12,047 $ 12,785 GRAND TOTAL* $ 67,993 $ 69,678 $ 75,608 $ 81,665 annual change 2.48% 8.51% 8.01% change since 2000 2A8% 11,20% 20.11% *does not include dividend reimbursements 1 0 III 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o r A r r r H r H H H H H o 0 0 o 0 o 0 0 o LZ 0 r •0 Co V a UI F W N H 0 00 01 V a UI .4� W N H 4 O 5 .. 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A-1 A m-< 13 00 N A-TI z CO. -I W 0 A 0 • Q D m z m D A D A A m A Cr- z DD I0 -0 m C D RI 2 0.+ m m m 0 0z ° i 0 0 r N-I m • i LEAGUE OF MINNESOTA CITIES INSURANCE TRUST 145 University Avenue West St. Paul, l 55103 • (651) 281-1200 APPLICATION FOR THE CITY OF: Oak, Pad (L 144-; A., County: Mailing Address: ( L G 0.A. Pow er (3 t,o9 • Phone: 661 A04 -4 4 39 City, State, Zip: Oak- tc&v IC f{ n / 11/J S 56&2 `(o(‘7 ' City Contact: / i C Title:- Gt G�[�.MN'.''0t'vec7�or e yq� U �A bO� �`tl14 1 1990 Census Population: •3�1�P Current Estimated Population: ow &es ' - I 3857 41. Total Expenditures All Operations: o2, I40 _ ( �S i o2. �'(1 Is the City a Member of The League of Minnesota Cities? X Yes No I/if 2-9I 0"'"d- 1 itt cS ' n vy /�� Submitting Agency: L-0�"'"`� k � h 5��� ��� ° •�� Address: 2 32 Lac 4- 5.44/-424_4. ; .-t..'4 Zip: �' L i:s.4c-c. � ') 5025 �ity, State, Zip. O'V� t ''� Telephone: ((051) q Co c4 —: 3 3 33 Facsimile: ( (P.51 ) CO -- -7 5Cl co Agency Contact: ti: .. +-C, ( 1 yelny Council Resolution or Contract Appointing the Agency: ?i Date of Co PP g ency:g AGENT COMPENSATION: X 10% City Will Compensate the Agent Directly Other Please specify: ec' P Standard Deductible: S00 • (Applies to All Lines. Optional All Lines Deductibles are Available.) Current Information on Coverage You Are Applying For: Carrier Policy Type Expiration Date Premium c,lhca'C. P t696 '7-1-0 3 we1Vnnb[0/1L.(5 LMCITAPP.TBL(11/97)(REV. 11/00) PAGE 1 OF 19 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST • PROPERTY/MOBILE PROPERTY COVERAGE S Blanket Limit of Coverage Per Occurrence to be established by LMCIT. ,• / 4". / This limit is established by totaling the replacement cost values of all your buildings/contents, property in the-open and mobile property. l• Bo►LD BUILDINGS/CONTENTS/PROPERTY IN THE OPEN Z• a u 1--o►r.) 61:9-‘40A13 3. P.d �-�.� it 'd Attach updated schedule of buildings/contents,and property in the open. • Ut li`c Ies /708ic Pflo>L, MOBILE PROPERTY- GREATER THAN $25000 Attach updated schedule of mobile property with replacement cost values greater than$25,000. • MOBILE PROPERTY-525,000 OR LESS Mobile property with replacement cost values o 5 0` r less can be covered with no schedule. There is a flat premium charge. Do you want this coverage?XYES [ ] NO CRIME COVERAGE The covenant automatically provides a$100,000 per occurrence limit for crime losses,with no additional premium charge. LMCIT provides coverage for theft, disappearance and destruction-inside, theft disappearance and destruction-outside, and forgery and alteration. The coverage is now a blanket limit with no location limitations. If you need additional limits,please contact your LMCIT Underwriter. S LMCITAPP.30(11/97)(REV. 11/00) PAGE 2 OF 19 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST WATER AND SUPPLEMENTAL FLOOD COVERAGE APPLICATION S 1. Does your city have any locations in a flood hazard area? VW If yes, has the maximum amount of NFIP flood insurance coverage been purchased? 2. _ Please provide the following information for any location where you are interested in the NFIP Supplemental Flood Coverage from LMCIT. • Note: NFIP flood insurance coverage must be at the maximum amount of insurance available for the LMCIT Supplemental Flood Coverage to be available. Please contact your Underwriter for further information. , 71 [ III�✓ z r , 1 R ,Al'/' t r 4Q t31.4 .1. Afu•L'Ar'0 G • ' !II p � la f 111 p .'d . l fit, tui:i � ' �w...wu.,�.,., ..,_. � � e �t�..r,...,..�1` 1 101 • 1111/ \ / LMC1T.APP(11/00) Page 2a of 19 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST PROPERTY 411 The covenant provides Errors and Omissions coverage for Property. The following information is needed to designate the entities that are to be covered. Please indicate if you want the following entities to have coverage for Property Coverage. HOSPITALS YES NO N/A X NURSING HOME YES NO N/A HEALTH CLINICS YES NO N/A II AIRPORTS YES NO— N/A 11 ELECTRIC UTILITY YES NO— N/A II GAS UTILITY YES NO r N/A III • STEAM UTILITY YES NO_ N/A HRA YES NO X N/A EDA YES >C NO N/A PORT AUTHORITY YES NO- N/A X ADDITIONAL INFORMATION: • LMCITAPP.11(11/97)(REV. 11/00) PAGE 3 OF 19 INSTRUCTIONS FOR LMCIT EXPENDITURE WORKSHEET Line I. All expenditures-include all operating expenses, capital outlay,capital projects,debt service (principal and interest)for the following: III General Fund oZ 3 Cl a g g O Debt Service 4/fa 5 / 1 J . Enterprise Fund tek 6/0 Port Authority 0 Special Revenue Funds 1 0 B-p Nursing Homes 0 / Capital Improvement Funds 777 // <, Hospitals v Airports Clinics 61 HRA ;`,, Other(please describe) 0 EDA Line II Transfers Line III Please list the expenditures for the categories shown on Lines III.a-i). These expenditures may be deducted if LMCIT is NOT providing E&0 Coverage for these operations. Line IV Adjusted total expenditures is the total expenditures for those departments and operations that have E&0 Coverage with LMCIT Line V GL Deductions: A. Please list expenditures for the categories shown on Lines V.a-m). These deductions • are necessary to subtract expenditures for operations or departments where the exposures are individually rated. B. Work performed by contractors which includes capital projects or services are also subtracted For Your Information. a) Contracted Services-All Operations: Expenditures should be deducted if the services are provided by others and they provide a Certificate of Insurance. b) Debt Service(principal and interest) c-j) Please indicate expenditures for these operations(minus contracted services and debt , services) . m) Special Deductions: There may be some special deductions that are appropriate. Please list these special deductions or list them with your underwriter. Line VI The operating expenditures are the expenditures that will be used to develop a portion of the liability premium. Individually rated exposures are used to develop the remainder of the final premium. PL's'"SE ATTACH A COPY OF THE LATEST CPA AUDIT AND/OR THE PROJECTED BUDGET(WHICHEVER REFLECTS THE 1DITURES ON THE WORKSHEET). THIS INFORMATION WILL ASSIST UNDERWRITING IN ANSWERING ANY E Y TIONS WITH REGARD TO THE EXPENDITURES WORKSHEET. LMCITAPP.13(11/97)(REV. 11/00) PAGE 4 OF 19 LIMIT EXPENDITURES WORKSHEET ^^ II'' - City O& @t w((, 44,4 4— Budget Year �W 03 I. All Expenditures / 3S� /-7 Transfers ,2 6,j �,. E&0 Deductions a) HRA b) EDA c) Port Authority d) Nursing Homes e) Hospitals f) Airports g) Clinics h) Utilities(Water,Electric,Gas and Steam) i) Liquor Store Cost of Goods Sold(if included in I.) IV. Adjust Total Expenditures(E&0) V. GL Deductions• a} Contracted Services / (. 34 qI b) Debt Service t - z 90, �$/ c) Water Department Only ;33 G D5' d) Electric e) Steam f) Gas g) Liquor(Operating Expenses Only -Do Not Include cost of goods sold) h) Recreation Buildings(Arenas,Sr.Citizens Centers,Ice Arenas) i) Swimming Pools j) Golf Courses k) Individual Purchases which exceed 5%of the adjusted total expenditures(E&0)(List&Describe) 1) Operations or departments that have E&O Coverage with LMCIT,but have their own General Liability with another insurance company. m) Special Deductions(List and Describe) Operating Expenditures(GL) f 05- AMS LMCITAPP.I I(I I/97)(REV. 11/00) PAGE 5 OF 19 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST MUNICIPAL LIABILITY- SEPARATELY RATED EXPOSURES DO NOT LEAVE ANY SPACES BLANK IF NO EXPOSURE PLEASE INDICATE N/A OR NONE N�r (,C� . n.. Co _ 1 t- 0 2. City of 0�- � � Date 1. Golf course annual receipts: 14.0'". Number of golf carts: v�.G►1¢ 2. Street mileage: . (Round to nearest mile, i.e. 4.2 miles should be 4) 3. Area (square feet) of Exhibition Buildings, Recreation Centers, Arenas, Auditoriums or Community Centers: N,an.e 4. Water Department payroll: /0 7 ? . i � ,' y y`�'_'' i Total gallons of water pumped annually: .Q (Round to nearest million, i.e. 2,500,000 should be 3,000,000) 5. Electric Department payroll: mo' 6. Gas Department payroll: 7. Steam Department payroll: 8. Number of powered boats: Horsepower and usage of each: 9. Number of boats and canoes not powered: Explain how they are used: • LMCITAPP.01 (11/97)(REV. 11/00) PAGE 6 OF 19 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST • 10. Municipal liquor store receipts: In(u. Store 1 Store 2 Store 3 On Sale Off Sale CPNL 11. Number of seasonal swimming pools: ►"- I Height of diving boards: 12. Number of inside swimming pools: Height of diving boards: • 13. Number of swimming beaches: Height of diving boards: Number of docks and rafts: le 14. Number of water slides: • Height: Length: Location: Seasonal: Year Round: • 15. Does the pool(s) comply with the Minnesota Dep nt of Health revised Chapter 4717,Public Swimming Pool Rules effective January 4, 1995, cone ruing water depth requirements for diving boards and pool decks? Yes No 16. Number of staff attorneys: v\an.(L Do you want coverage to be excluded? Yes No Additional Information May Be Necessary 17. Does the City want to exclude medical payments? Yes No LMCITAPP.O1 (11/97)(REV.11/00) PAGE 7 OF 19 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST MUNICIPALITY QUESTIONNAIRE 10 DO NOT LEAVE ANY SPACES BLANK IF NO EXPOSURE PLEASE INDICATE N/A OR NONE 00,0X- ?cot {G SL.i '' Date Co- 1 l —D 3 City of p I. Does the city own or operate any of the following? p, 1fi`fitFF� F-'"'�'7 r r,171'-',,',. rX tP , I :':I y„ /-�- T(�EJ+*t��1'y5s� •Y Y�1 h:.✓2 ryli + --7-i' xs�,I ,,, 7f , I�I i'1'r�PtiI 1"tH te , ,r,,E,',, 1r'li.k4 '1 ti;�I+M A `v, x rt;1 I��i,,1 1 '` “+v.:41-1-,, -, +r d .0 d },�I 1 , 1 , 1 �r 1 ti'-',', %: 1 (tpft�yy'1 4 1. '..._I it. .N . 1,�y}' 1� K.r ! V '`y'i':y (p'J '; _ ,f:J, t h�r:v �" {� M1I. , t /' I f ...i `! 1 pC�9 Y�: t.�l ;I ?7Y•�yP} 11 1.1,, 1 �1 1 ', ,Cy 6 ,R� I 1 r 11 1 f I ` .cii11fi3 Y'-'-,.t,�1F' f.',, 6,h1,r1{.I �c �ff'� 9 '��4951`fliB .191�6 f".,1 ..�., A 04;1., 7 l 14-- A,1 �y!,i',4:11,-;4,' �1� ((�. ,'z1111, . I �'1Ja I i : Ii f 1 I:L - .0 ■ ,�r; t1 .1 1 ix, k��;in t l < Y J �+ J1....{ i, t :,� +,'` .s 1� � t 1, + �' } r��' o.�1'y�' y- � r `. ?�,r t °,t ...(1 t ' J.' a, ;:i §lilt^. ''" d ,' r.l ,,.: ,,r;. .e ., � r 0 1 , J,t t , 'Y't t i L fX.A I 91i.�0',4 j�s1 �1Br., i , 1,': (t'I,� yrf „∎,,,ikj+Pl�4r..=�`tf`;-, '',� x , �t:ill ,J� 'Exa`+ 4 t ,r; .1-111 rJ 1 i PJI S I i �' t iv F`C ah�C 1 l:; d I i .�� 1 ''u qtr ;t } � 7 , � I � J :' .t,,:1 e j; 1.0 .�{,,,,,,,',11,,,'-'' tom' r_}Ir ;,, -;5 ,„ r,, '� i�lo 'a`` �'' -..J..e Y siif j:j;.i i; P?l ^--a Il a rS�. Fi1 . .,.., .A ,'' 1 1 L /i I �Pi ,�3• 6 1 p0 I �i�9 11 A� ,� ��� ',+r * w s �., It-: 1 . 7F 'r I 1 r r, 3- 3 t. xd9 r d 1I r 7 I' fi t ) MO' i,i :� it r ! r 1 9 �t k_ } + � Rntic++ ri. .:�st� ' 'z �: ��k�.�.y.F... w,u,.;i^„'I z:�.:. ..1?.�LLS..=�l.._a�_.r-y _ .eil..�s�c__ w., v u.c:...y�i .irs(L..._.�� Hosvitals _Yes X No _yes No _Yes No _Yes No 40..g s Health Yes K_No _Yes No Clinics Airports _Yes K.No —Yes _No Comments: * Municipal Liability, except for bodily injury. property damage or personal injury, is automatically provided for the City and the other Governmental Body or Entity. If you do not want coverage please notify LMCIT. ** These questions are intended to analyze the coverages provided by the other insurance companies. These other policies must provide bodily injury, property damage or personal injury coverage to the City and the other Governmental Body or Entity. • PAGE 8 OF 19 LMCITAPP.02(11/97)(REV. 11/00) LEAGUE OF MINNESOTA CITIES INSURANCE TRUST 2. A. Damages arising out of the following activities are excluded unless such board, commission, authority, or agency is named in the Declarations, in which case the "city" will also be covered to • board, commission, authority or named boa the extent of coverage provided under this covenant to the nam �' agency for damages arising out of the activities of the respective named board, commission, authority or agency. Please designate the activities you want covered below. g ene Y B. If the Governmental Body or Entity has purchased coverage elsewhere the City needs to evaluate their exposures and the coverage that they need. 1) Is the city named as an additional insured on the other policy and for what coverage? 2) Does the city want coverage from LMCIT for these activities? PLEASE CONTACT LMCIT FOR ASSISTANCE. ADDITIONAL PREMIUM MAY BE NECESSARY k ry �;.P„� '?.�!T"."'Tr :jl P 'j;:k"'^"a .•" 11 i-:;TM Tfl"...^T..'jy"'t"'^'m— ,' ; I t ! _ i • t Fd td i.J,4747_, f ;,'-� �*� �4 :t�.: � it,-t,i _:I, o'ti�' q �?; �'is �.rle�y`�.I. a qr w, j y W x,r a nr 9a :11'" 3 11`' ,LPL? y ,s11°„� E ” i �ssc�l � t; II 1 z� Q4917° tr g t r I �s" li l �� 4.... I ��#( ly i���� rn �J f .11 t i��.;- �'1 x L� �'-� iT ;a- ''�,.`�x r� .4 is 1. „ ,:7;.,k, .1 � (r� wi .,"��, � .}�i���a+.;f 1" ,ei �''�" :,lk , i x kl �� L P Alf 1 }4..,1 k.� Iii o--6 1 tl �a�r�,�w �� e a��+"'�.��ma ,��� : �� `"��,� Fi� Ia n f �. �,� ,.. �:.�. �..�,,...-�..:; re ,.°,.,. � . ,L�� ,�' �' �-� � .�,�,�`�� .cce��t a �t:..'ie.. ... 4 .�i,....� ,. . ..�.. ,. Gas Utilities Commission Yes ..No Questionnaire Needed Electric Utilities Commission Yes 1„No Questionnaire Needed StJtilities Commission Yes No Questionnaire Needed Port Authority ___Yes No Need Full Details Housin g&Redevelopment Authority _Yes u No Need Full Details Economic Development Authority Yes No / ? a�. OD Need Full Details P n' X No or Municipal Redevelopment Yes No Need Full Details — Authority Municipal Power Agency Yes No Need Full Details Municipal Gas Agency Yes —No Need Full Details E 0 A- r V - /17 A,°<,a'",a a"°'.. g O..s5 Cam{ ( i t; . ' • LMCITAPP.02(11/97)(REV. 11/00) PAGE 9 OF 19 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST 3. A. Damages arising out of the following activities are excluded unless the agency or board is specifically named in the Declarations. Please designate the activities you want covered below. B. If the Governmental Body or Entity has purchased coverage elsewhere the City needs to evaluate their exposures and the coverage that they need. 1) Is the city named as an additional insured on the other policy and for what coverage? 2) Does the city want coverage from LMCIT for these activities? ((".ra':ha'.,1.! I 1 . tiF `r— T^^ o 4 ra�eba�9'0o—F t ,,. _.'7,74,7c .,..._ ,# 1 —1, A 1,, )c,t) ft-4 1.1 1, :1-17� a'e�t �r 1� d taj-"Pilr ,w1 VI`Y ,, 0 a t,. -1y4 Welfare or Public Relief _Yes . No Need Full Details Agency School Board _Yes X No Need Full Details 4. Does the city operate a dump or landfill? What type of material is deposited there? Is the area fenced to keep out the public when closed? 's the area attended during open hours? city own operate a marina? •Does the ci or o r 5. If operated by others, please indicate and advise if the city is named as an additional insured on their policy and the policy limits provided. Is coverage desired? Yes No If coverage is desired, full details must be submitted. • LMCITAPP.02(11/97)(REV. 11/00) PAGE 10 OF 19 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST a" 6. ODams classified as Class I or Class II by the Commissioner of the Department of Natural Resources or any dike, levee or similar structure - (Failure or bursting is excluded.) A. Age of Dams: Inspected regularly: Yes No By Whom: Height of dam above reservoir: Height of dam above the bottom of spillway: Width: Is the dam fenced to keep the public off? Acre feet of water dam has been designed to retain: acre feet B. Age of Dike or Levee: to �GL Height of Dike or Levee: Construction Material of Dike or Levee: Acre feet of water Dike or Levee has been designed to retain: acre feet Who built the Dike or Levee: Is the Dike or Levee inspected regularly: By Whom: • 7. Describe any large construction projects anticipated for this coming year. ✓1 at-e 2 n Z44 C a r--C — l� l-� / f-y 4-- S "r-rt.-yo v` .$ _ f k.(' ic u pka s ty-9'r ZC104-7 JG/, S n1/1e4€) thO JA V.14 Cr b rO W n Se-Ito n .e S ,G`f c.. " 4/c/pro)e. /7+R,fe-÷ Ovrl //M/S,- ce i 71-1- Pr i t r.�t-c o e,!b i°'-t r cc,r` 61, 8. Parks and Playgrounds • A. Description (including area) of each park or playground: 11- ao- eve' nev B. Description of playground equipment on each: 542A/Al2- ocO► ( ✓Z n O • LMCITAPP.02(11/97)(REV. 11/00 PAGE 11 OF 19 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST • 9. •Does the city operate any aeration devices in the winter to keep an area of local.ponds, lakes or rivers ice free? i4d If so, please give full details and precautions taken. 10. Special Events/Risks Coverage is excluded for several Special Events/Risks. Please.review your covenant and contact your LMCIT Underwriter for additional information. Optional coverage may be available. Does the city own, operate or sponsor any of the following? If yes. please provide details. A. Automobile, mobile equipment, snowmobile or motorcycle in any racing, This or speed or demolition contest or in any stunting event. Th s w ould • include go cart tracks, mudder courses, tractor pulls. (Excluded) Yes No B. Amusement devices, with a power motor greater than 5 H.P (Excluded) Yes No C. Beer booths (Liquor Liability is excluded. Refer for consideration) Yes No D. BMX tracks Yes No E. Climbing Wall E g Yes No F. Dunk Tanks Yes No G. Festivals, parades and exhibitions Yes No H. Fireworks (Excluded. Refer for consideration.) Yes No I. Rodeos (Excluded) Yes No J. Skateboard Parks Yes No K. Ski jumps, ski lifts and tow ropes Yes No Toboggan or Tubing Slides Yes No L. g gg No M. Trampolines Yes If any of the above are operated by others, please advise if the city is named as an additional insured and the -►olicy limits provided. (Continued next page) LMCITAPP.02(11/97)(REV. 11/00 PAGE 12 OF 19 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST 10. special Events/Risks (continued) Details: 11. Firefighters cc rock 141,44 Avivt. . C .4.d Z ,v'st Payroll of paid firefighters: '"Owl, Number of volunteers: KfA"A-- Number of fire trucks: Describe any fund raising activities or celebrations by the firefighters or relief associations: 12. MT's and Paramedics w a, Number of rescue trucks: Number of ambulances Number of emergency runs: Number of convalescent runs: Number of EMT's: Number of EMT-A's: Number of paramedics: Is there radio contact with hospital doctors? Describe any EMT type losses: • LMCITAPP.02(I1/97)(REV. 11/00) PAGE 13 OF 19 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST 13*Law Enforcement Total law enforcement payroll: G L�i 700 l z, a, .x ?' • 4/ ./G 5") Number of law enforcement vehicles: -7 Number of Employees by class: Class A (Full-time): A (Part-Time): 0 Class B: Class C: 0 Class D: Class E: 0 Class F: Description of classes. A = Armed with arrest power B = Unarmed, no arrest power C = Non-officer employees D = Auxiliary police E = Voluntary unarmed F = Voluntary armed 'Describe any law enforcement type losses: t'1 Describe any jail or detention facilities maintained: ( taut. C inc 1 4c4C2( % Maximum holding period: 04 cQ o 4.Q (Oct t 14. Grandstands and Stadiums A. Number and location of each: '.2.Q (44- ?cur r`"�'`Q'`9� B. Seating capacity: (Q O C. Type of construction: .4*.g.Q a- C11� 4 D. Permanent or temporary: _vat/w�a�.r..w•` 15. Wharf or Docks - Describe: • LMCITAPP.02.(11/97)(REV. 11/00) PAGE 14 OF 19 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST 16.0 Street or Road Construction or Maintenance Annual expenditures: l/ ( . p 0 0- c.a.( •�_i f r'.c:� ` How much work is sublet to others? cr, . Are Certificates of Insurance obtained indicating adequate limits? I Is any blasting done? h6".' • 17. Please describe any contractual agreements the city has entered into such as: A. Mutual aid: (� • '�C� CC B. Police or fire protection: ' cleav 4. F..4.A. C. Other. Describe: • 18. oint Powers Boards are not covered. However, they may be considered for coverage by submitting full details in a PP *separate application. IMPORTANT! Coverage is not bound or in effect until you receive written acceptance from LMCIT. 19. Do you routinely get Certificates of Insurance from all independent contractors? 20. Does the city provide a fire alarm or burglar alarm protection system? If so, please give full details. L i 61.€ 4rt r.a i uv- ..t e...Ln ■ii c4c'Jt&4' Loc..,�ce, .va CY �]rGcc.crv' a..Q.ctivvv% ..:A jai ,ft;V 4-- 12-4-4-Aribk"r‘y 21. Any other pertinent information not covered above: LMC1TAPP.02(11/97)(REV. 11/00) PAGE 15 OF 19 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST 22.("City was created in: t9-.14 (Year) 23. Names and official titles of the Members of the Board of the City: (City Council) Name Official 041/t'cl Les 4brct,harnson. C ' - "r Scwk -Po i°.rr ct Ina y elcee c.4 /p Iaj-fr UI4ncSDn °t 24. Fiscal Year *Revenue *Expenditure Fund Balance At Year End 9°3 y3/�9y ("IC,/5-7 8; 1076 S'27 Projected Year ,� � � y2,Zt20 y510710 00Z Current Budget `-= .01g 551W310-2,--7(0780 "7 1st Prior Actual 412645 2. (t. ' %.72.41(en •/ (Q 16,o 0, 414,5 . __n 2nd Prior Actual Lf j7 RI W 2f0../ 4)527/64(o / (Q / c4(17 174P . 19 94 3rd Prior Actual 5,14g?.uo• l03Gifo5c• (#.(067, 1G g • *These figures should include all funds including governmental, enterprise, miscellaneous special revenue and debt service funds. If desired, you may send photocopies of appropriate sheets from annual financial report. 25. a. Total amount of outstanding bonds: a-70 oOd` z-3i b. Latest Moody's and/or Standard and Poors' bond rating: AV. - lt00d2. , • LMCITAPP.02(I1/97)(REV. 11/00) PAGE 16 OF 19 • • LEAGUE OF MINNESOTA CITIES INSURANCE TRUST Have any of the following situations occurred within the last five years? Yes No a. Appropriation or condemnation for which agreed settlements have not been achieved. b. Improper or alleged wrongful granting of variances, building permits or similar grants or zoning disputes. k c. Wrongful or alleged wrongful approval of building plans, designs or specifications. d. Wrongful or alleged wrongful approval of building construction. X e. Allegation of unfair or improper treatment regarding employee hiring, remuneration, advancement or termination of employment. f. Disputes involving integration, segregation, discrimination or t/ violation of civil rights. • g. Any grand jury indictments of any public officials. h. Assault and battery claims made against the municipality or its officials. i. Any riot or civil commotion in the past five years. _ j. Any losses or claims occurred involving contractual disputes. 27. Land Use Liability Number of building permits issued: 2-1 Number of variances: Granted C/ Denied Number of conditional use permits: Granted t,l Denied D 28. Has the City submitted their Comprehensive Plan to the Metropolitan Council for review and comment? Yes X No Has the Metropolitan Council reviewed the plan and made their comments? Yes X No Are you a participant in the Metropolitan Council Livable Communities Program?Yes,� No What year did you join? (v 411 LMCITAPP.02(11/97)(REV.11/00) PAGE 17 OF 19 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST 29. Please list the additional covered parties required. h0AR, • �tia L aL � 4r(,):,? 1�f , �C I �A C}! hr !i i t '� n r i n x si L btt ( V.4;;*`.f `�kgClr •J:. IN flluR {,, .r∎cia�� .Fl d ,, �. 1 Jai J ADDITIONAL COVERED NAME ADDRESS PAR'11ES INTEREST • 41, • 30. Contracts with a railroad and contracts with the contractor performing the actual railroad construction project needs special attention. Please provide a copy of the contract to LMCIT. This does not apply to easement or side track agreements. Please contact LMCIT before you sign a construction agreement with a railroad or, the contractor that is .erforrnin' the actual railroad construction •ro'ect. • PAGE 18 OF 19 LMCITAPP.02(11/97)(REV. 11/00) LEAGUE OF MINNESOTA CITIES INSURANCE TRUST AUTOMOBILE LIABILITY AND PHYSICAL DAMAGE CITY OF Oak— Dour(e.„ O VERAGES: A. Liability: Limit: $1,000,000. Combined Single Limit on Bodily Injury and Property Damage B. Uninsured and Underinsured Motorists (indicate limit desired) $50,000.Uninsured and Under insured Motorist Limit* or X $1,000,000. Uninsured and Under insured Motorist Limit *The standard limit is$50,000. The City may increase if they chose. C. Automobile Physical Damage: The separate"comprehensive"and"collision"coverage options have been replaced by the new"auto physical damage" coverage that covers both collision and comprehensive. 2. Cities have the option to make their LMCIT Liability Coverage primary for vehicles used by specified individuals or groups in specified circumstances. Please indicate if you want this optional coverage and provide additional information requested Yes x No I. ,please indicate type of individuals or groups: ips,please indicate number of individuals: 3. VEHICLE SCHEDULE Refer to the LMCIT Auto Coverage Changes bulletin included in your renewal packet. The city needs to submit an accurate listing of vehicles for the renewal. The city's premium for auto liability and physical damage coverages for the entire year will be based on the schedule of vehicles the city reports at renewal. A. All vehicles are covered for liability. B. All vehicles are covered for physical damage,unless you indicate otherwise. C. The listing of vehicles should include only those trailers with a load capacity greater than 2000 pounds. Smaller trailers are now automatically covered for liability and physical damage. D. Replacement cost is available for an additional premium on Fire Trucks and other high valued vehicles aged 10 years or less. (Indicate unit number and replacement value). E. Replacement cost may be considered for an additional premium on units aced 10 Years or more with proper documentation of the maintenance history. F. Please indicate color of Fire Trucks 1=Lime Yellow;2=Red;3=All Others (The attached computer printout provides the most current Schedule. However, recent changes may not show on the Schedule.) P+"t I 'Y a I y 1 + . +l'n`r F"���1��f �.r F 5"4 5 y H i � 5;.' 1' �!' i 4 :� j f pit � � �T x:,,1 t 'ry�'''` �.q =<'kd sx`}a>I (WS > w n711 l �I"*'1°4..0'1'41° I'r ��� i' � " '11917 0; '',..� I o i��j ltfl ll`1�..111II "0' .3i .'' '-5 4 r ! -� a ti - r 3 "y a '>'I '" .211,`~ I �d 5:.. - � +"�' eE 9 � � '1 t�. 3'la(+1 y�3,-�,.a:' S��q �� �f � 1aN1.:, ,s 5 nUt, I �' �:y j + rk ,`'!?� ' I d ',11%1L14`;:;:' la ssn Ax�a;Y�44 �r�< t� r�� r r �fi: a,,�� �'C�} 'A��� wl r x 1:,sky a ti� *C 'lr I r - �n hr + v �1-i.^7...• � �'• �� 11 t 1 k 94 EY '" ( "N'. E r �,s' 7 r i a :1:11,4._ , ._I ;r ati j:�ar tl,If�'ti , ,.,1 Mk2,dyi �; r v n. I 9.h, ���Y I �..''rr {� � :�rv�l :.- aJt ' Y t i'.'S 1lt t�f �..x Ik( �fi _ 'aniAy e+a 7 1'I 4, t F' : 14 1 xi. .� ;; :I F h{€ 1.r- ".,dS'n I_45;.;:i; ,3�: 'I.ul ,S i+di a�",..+xc°. ;Rr •.HPai,.Cfd .11. ;`;?,C'i..i Y,l;il.dP:C:u P 4 ti.;.r,. »r.+cl .«lr.,:447%. �. =•� ?I,.+�t:ratw r I�'.�I�.;ut,.�e��rxl.., �w�u��;aa :�6,� �.. 1 2 • 3 MCITAPP.15(11/97)(REV. 11/00) PAGE 19 OF 19 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST PT" -IC EMPLOYEE DISHONESTY OR PUBLIC EMPLOYEE FAITHFUL PERFORMANCE COVERAGE APPLICATION *ADMINISTERED BY: BERKLEY RISK ADMINISTRATORS COMPANY,LLC 145 University Avenue West St. Paul,MN 55103-2044 Limit of Coverage Per Occurrence: (Deductible) • Bond Employee Dishonesty Coverage: $ 100/000 • (Standard) • Bond -Employee Faithful Performance Coverage: $ 100/000 . (Standard) • Option: The city may choose to have employee dishonesty or faithful performance coverage for specified positions. Please contact your LMCIT underwriter for additional information. 250poo . (q:¢s2,2.00o at-112. AUDITS: FREQUENCY: BY WHOM?: CPA X STAFF AUDITOR OTHER(Explain Fully) DATE OF LAST AUDIT: l� l��o� DISCREPANCIES?: YES _ NO .1L (If YES submit copy of audit or auditors comments.) LOSS HISTORY(LAST 5 YEARS): EMPLOYEES POSITION WHICH CAUSED LOSS: V"Q► COCTIVE MEASURES TAKEN: WILL THERE BE A SUBSTANTIAL INCREASE IN THE NUMBER OF EMPLOYEES DURING THE 1 TERM OF THIS BOND? INTERNAL CONTROLS: 1. ARE BANK ACCOUNTS RECONCILED AT LEAST MONTHLY? . YES u NO 2. IS THE PERSON WHO RECONCILES PROHIBITED FROM MAINTAINING BANK ACCOUNT RECORDS? YES NO 3. ARE ALL PERSONS HAVING AUTHORITY TO MAKE BANK DEPOSITS OR WITHDRAWALS. PROHIBITED FROM EITHER MAINTAINING RECORDS OR RECONCILING THE BANK ACCOUNT? YES X NO 4. IS COUNTERSIGNATURE OF ALL CHECKS REQUIRED? YES _ NO ADDITIONAL COMMENTS: • • LEAGUE OF MINNESOTA CITIES INSURANCE TRUST 7oo3 CLASSIFICATION OF EMPLOYEES BY DUTIES OR RESPONSIBILITIES 4 ossification under Class A, B and C constitutes the cities personnel as of the date of this application and should include Mayor and it members. CLASS A EMPLOYEES All Executive Administrative Judicial and Supervisory officials,Department and Division Heads and Assistant Department and Division Heads. All Police Officers*and all officials and employees whose principal duties require them to: l.) Handle,receipt for,or have custody of money,checks or securities,or account for supplies or other property,authorize(or make appropriations for) expenditures;approve,certify,sign or countersign checks drafts,warrants,vouchers,orders or other documents providing for the paying over or delivery of money,securities,supplies or other property,or serve process,or; 2.) Maintain or audit accounts of money,checks„securities,time records,supplies or other property,or take physical inventories of money,checks,securities. supplies or other property. *Patrolmen are classified as"A"Employees under"Faithful Performance"Coverage but are classified as"C"Employees under"Dishonesty"Coverage. POSITION #OF OCCUPANTS POSITION #OF OCCUPANTS POSITION #OF C;/•v� O/friici 4 J O r 1 /1 1 0?- I OCCUPANTS F'rt u K c-c D,'r-eaor I v minislf ' ,e G 10 •c 6, •-t I p .1 ' W.el< 1 2:'N • i DPI: I G , i �� b / CO LL A 4.1 An,CM b-er-s Al Total Class A /`f CLASS B EMPLOYEES All personnel whose principal duties consist of: 1. Inside or outside clerical activities; Office work such as stenography,typing,filing,switchboard operation,business machine operation etc.; Operation of vehicles transporting passengers for cash fare or tickets. aSITION #OF OCCUPANTS POSITION #OF OCCUPANTS POSITION #OF OCCUPANTS re(1e.e�esp .en t • . Total Class B / CLASS C EMPLOYEES • All personnel whose principal duties consist of: 1. Skilled or unskilled labor and craftsmanship; " 4. Any teaching capacity in the field of education; 2. Solely the mechanical operation of automotive equipment; 5. Outside or field work of a non-clerical nature; 3. Non-clerical activities of the medical or nursing profession; 6. Patrolmen under the"Dishonesty"Coverage. POSITION #OF OCCUPANTS POSITION #OF OCCUPANTS POSITION #OF ��v/,`c t i�« g' OCCUPANTS 1�u.1.1iL t , ks &y kyA&-s S 4 n� Proi4n a r ; • Total Class C 11 - • . • LMCITAPP.PEB(11/97) PAGE 2 OF 2 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST EXCESS LIABILITY APPLICATION • Administered By: BERKLEY RISK ADMINISTRATORS COMPANY,LLC 145 University Avenue West St.Paul,MN 55103 (651)281-1200 City of Q c4S. 964 Q Date (v - ( I. 0 3 Limit of excess coverage desired: x $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 Do you want the Excess to apply to the Uninsured and Underinsured coverage provided by the primary covenant? Yes No If yes,the automobile UM/UIM limits must be$1,000,000. The Excess Covenant does not automatically apply to liquor liability. Do you want the excess to apply to liquor liability? Yes )( No Special Note: The liquor liability primary limits must be$1,000,000. Emp rs Liability: Carrier: LAC ( T Limits: t 00 ace • Policy Number: Policy Period: 1-1 - 03/0 Does applicant now have or contemplate any exposure under: (If yes, attach sheet with payroll figures.) (a) Jones Act or Admiralty Jurisdiction Yes No (b) Federal Railroad Employees Act Yes k No (c) Federal longshoremen's&Harbor Workers Act Yes No To what extent does applicant have primary insurance to cover these exposures? IF THIS IS A RENEWAL,PLEASE INDICATE IF RENEWAL IS TO BE BOUND: • X YES NO Not overage is excess of LMCIT coverages only. Some of the coverage is not follow form.I LMCITAPP.12(11/97)(REV. 11/99) PAGE 1 OF 1 • LEAGUE OF MINNESOTA CITIES INSURANCE TRUST ADMINISTERED BY: BERKLEY RISK ADMINISTRATORS COMPANY,LLC 145 University Avenue West St.Paul,MN 55103-2044 SUBMII.1'ED BY: LG' otAr ( N Stiw -A- �X Utt�tlJ PRODUCER: (Lc _ ( ,t/Q-�(^�''S ADDRESS: ?32. f. GG - • 5'• U �c YLA4L* 4- M/14 '3 SO !- APPLICATION FOR OPEN MEETING LAW DEFENSE COST REIMBURSEMENT AGREEMENT APPLICANT'S INSTRUCTIONS: 1. Please answer all questions. If the answer is NONE,please state NONE. 2. If space is insufficient to provide a complete response,attach a separate sheet. 3. .The application must be signed by an authorized representative of the City. Special Note: Please answer all questions. These questions are intended to provide general information only. The information provided will also be used for a proactive loss control procedure if needed. APPLICANT 1. Name of city or other public entity whose city officials are to be covered under the Agreement. tkri &lc ?OA) (C.- '14-e2e30-/4.• 2. Principal Address: n� 14142 g oa.2c.,Fa,.,r Ga�c. eaw �c. -� 0%-4/\I 5 56 g Z -6 x(74 3. If Joint Powers entity,identify participants: • LMCITAPP.OML(11/97)(REV.11/99) PAGE 1 OF 3 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST • CLAIM HISTORY List incidents of threatened or actual open meeting law litigation involving city related individuals in the last five years.. For each incident give its approximate date and its resolution, including the penalty imposed, if any,and the amount of attorneys fees incurred in defending the incident. r $!i �' }�A)7 ,t�},, 1,' r, rr YS „✓ -Y r�Lfs,- �"'. � �;}� '4� # r.�1 ,"�c, 6 * }+,✓% r'4,� kv r1 ocr'� .fi i;• �.% } n"O .� ."Y' nx. f `. {` t r � ''ACC ���'w„# 3,y�. „ � ' -nv�iyt � '/,` � p" �^3r�`^.�� '�`v r #& ? cri aft si x•'� ��� £�✓ '� .. S� R�G�4,l e a��+,��%l�.0..r�C"��`•„"4c .7...„�,��`q u���+i�t'c4�3,,3r.:�'�5�,I*'c,e+�m��u��'s.�y.'r,w�".`,}f���,+ttr.'�'':k�w�y��x„Y�������:'� E��`ht,t�35.�S.G"'w`,�,d.5 r���,�.:x+�.';.��rf,� +�d�w^.v.. c a�a 1��`^f„i��k�<.. � l N.yk ,*.`}bx�,• �`z 6 4 -";''t + � � � t j J 2. Are you presently aware of any other incidents or situations which may result in an open meeting law claim or litigation against city related individuals? YES Y NO If YES,give details: 3. What action has been taken to prevent future incidents or claims? • LMCITAPP.OML(11/97)(REV. 11/99) PAGE 2 OF 3 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST OPEN MEETING LAW 411 QUESTIONNAIRE 1. Description of orientations and/or training provided for all elected officials (GTS programs, League programs, Handbook for Minnesota Cities, loss control seminars ...) on the subject of the open meeting law: Sam.-Q- 04 4) vac cam✓ 2. Have all new members attended the League Conference for Newly Elected Officials? }C YES NO 3. Do all officials understand the Open Meeting Law and the Cities' compliance procedures? YES NO. 4. Description of method of documenting official meetings (written, audio, video, ...): sue. 04.4 5. Does legal council attend all official meetings? k YES NO • If no, describe service relationship with city attorney. 6. Is education provided for the elected officials in the proper policy and procedures? a) Land use decision making: YES NO b) Employment practices: k YES NO 7. Please indicate the percentage of reimbursement of defense costs. 80% 100% X BY: • (Signature and Title of Authorized Representative) • vfCITAPP.OML(11/97)(REV. 11-99) PAGE 3 OF 3 LMCIT Risk Management Information • League of Minnesota Cities 145 University Avenue West,St.Paul,MN 55103-2044 Cities promoting excellence Phone: (651)281-1200• (800) 925-1122 Fax: (651)281-1298 •TDD (651)281-1290 www.lmcit.lmnc.org THINGS TO THINK ABOUT WHEN RENEWING YOUR CITY'S WORKERS' COMPENSATION COVERAGE The LMCIT workers' compensation program is specially designed for Minnesota cities. LMCIT's coverage is unique because it picks up some related risks that standard workers' compensation insurance policies don't cover. This program also offers a number of coverage and premium options, deductibles and credits. LMCIT tries to make buying coverage for the city's workers' compensation exposures as simple and straightforward as possible,but there are still a number of decisions the city needs to make in renewing its work comp coverage. This memo is intended to serve as a guide for cities and agents when thinking about purchasing or renewing work comp coverage. BOARDS AND COMMISSIONS • Elected officials Unlike city employees, elected officials are not automatically covered by the work comp law. Cities wishing to cover elected officials need to pass an ordinance or resolution to make the elected officials"employees" for purposes of work comp coverage. If the city does not pass the resolution, a city official that is injured while on city business wouldn't receive any work comp benefits from the city. This mostly affects mayors and council members, but it could also apply to clerk,treasurers, and other officers in cities where those are elected positions. The 2001 premium rate for mayors and council members is $.37 per $100 of payroll. This rate is applied to the greater of either the official's actual salary or an imputed salary of$70 per week. In case of injury, an elected official would receive the same work comp benefits as any other city employee. Indemnity benefits would be based on the sum of his/her earnings from his/her regular employment plus the actual salary (if any) s/he receives from the city. An alternative to work comp coverage for elected officials is to purchase LMCIT's board member accident coverage. Under this option, cities can provide more limited benefits to council members injured or killed in the course of performing their duties. Accident policy rates for 2001 are $12.75 per person per year. Benefits are paid for death or short-term disability. This program was originally developed a number of years ago as a low-cost alternative to work comp for elected officials. However, LMCIT has reduced the cost of work comp for elected officials very substantially since then, so the cost advantage of the accident coverage option is now minimal. • Here's a summary comparison of the two ways cities can cover elected officials through LMCIT: • LMCIT elected officials work LMCIT elected officials accident comp coverage coverage Premium cost $.37 per$100 of actual payroll or $12.75 per person per year imputed salary Coverage benefits • Death • Death • Short-term disability • Short-term disability • Loss of wages • Rehabilitation • Medical expenses • Permanent disability For more information about coverage for elected officials, refer to the "Coverage for Injuries to Elected and Appointed Officials"memo, fax number 66040. Members of separate administrative boards iMembers of administrative boards that the city creates pursuant to statute or charter can also be covered by workers compensation in the same way as elected officials if the city passes the appropriate ordinance or resolution. Common examples of these types of boards include planning commissions, housing and redevelopment authorities, port authority boards, EDA boards,utilities commissions,park boards, and hospital or nursing home boards. The accident coverage alternative is also available for these positions. For more information about coverage for members of separate boards, refer to the "Coordinating Coverages for Separate City Boards and Commissions"memo, fax number 66260. Employees of separate administrative boards In some cases,the city may prefer that entities which are managed by a separate administrative board have their own work comp coverage separate from the city. HRAs, EDAs,port authorities, utilities commissions, and hospital or nursing home boards are examples. Alternately, these employees can be included under the city's general coverage. Having separate coverage may make it easier to allocate costs appropriately between the two budgets. Another reason cities sometimes choose to use separate coverage is so each operation stands on its own for purposes of the experience modification calculation. I.e., with separate coverage, the utilities commission's employees losses won't affect the city's experience modification, and vice versa. On the other hand, by separating the two,the city may lose some benefit of the volume discount on premiums. 110 2 LMCIT can provide the coverage either way, but the important thing is to make sure that all • parties involved are clear on what the intent is.Note that employees of an utilities commission, HRA, EDA,port authority, or hospital or nursing home board are not automatically covered by the city's LMCIT work comp coverage unless that board is specifically listed on the information page of the coverage document. Joint powers boards If a joint powers board has its own employees, it needs work comp coverage. Any joint powers board which has at least one city as a member is eligible for LMCIT work comp coverage. LMCIT can provide that coverage either by issuing separate coverage to the joint powers board, or by adding the joint powers board as a covered employer on the city's LMCIT work comp coverage. Advisory boards Unpaid members of advisory boards that do not have legal decision-making authority are not eligible to be covered by work comp. However, cities may obtain board accident coverage from LMCIT for members of advisory boards at the same rate as for administrative boards. VOLUNTEERS Volunteers considered employees • Certain volunteers are defined by statute as employees for purposes of work comp coverage. These include volunteer firefighters,ambulance attendants, first responders, law enforcement assistance volunteers, and civil defense volunteers. These volunteers are entitled to receive work comp benefits if they are injured while performing volunteer services for the,city, and are covered under the city's regular work comp policy. Volunteers in an Emergency City volunteers at work during an emergency are entitled by statute to work comp benefits under a city's policy. Emergency city volunteers must be registered with the city and work under the direction and control of the city. LMCIT does not charge any additional premium for this work comp exposure. (Like other city volunteers, emergency volunteers are also automatically "covered parties" under the city's LMCIT liability coverage.) For more information, refer to the "Providing Assistance in Emergencies: Coverage and Liability Issues"memo, fax number 66840. Other city volunteers Other city volunteers are not considered employees and are therefor not covered by workers' compensation. For these volunteers, LMCIT offers an optional volunteer accident coverage, which provides some limited"no-fault"benefits for volunteers injured while working for the • city. Volunteers under this program receive limited death, disability and impairment benefits. 3 The city can also add coverage for up to $1,000 of medical costs for an additional charge. This coverage could help avoid litigation in cases where the city may be at fault, and it also provides some protection for people donating their time and effort to city projects. Volunteer accident coverage provides blanket coverage for all city volunteers working under city direction and control, such as coaches and instructors in recreation programs, or volunteers working on city-sponsored festivals or celebrations. The cost of volunteer work comp coverage is based on the city's population, with a basic annual charge of$.10 per capita subject to a minimum premium of$150 and a maximum premium of$1,500 annually. The charge to add volunteers working on a construction project is $300 per project. For more information,refer to the "Accident Coverage for City Volunteers"memo, fax number 66050; and the"Covering the City's Volunteers" memo, fax number 66030. PREMIUM OPTIONS LMCIT work comp members have a number of retrospective rating and deductible options as well as an option to close-out retro coverage from previous years. Members also have the option of using a managed care provider for the medical management of employees injured while at work. Retrospective rating • Under LMCIT's retro-rating plan, a city's final premium costs reflects its own, actual loss experience for the year. Cities with standard premiums of$25,000 or more are given the choice of three retrospective options, so that each city may select the amount of risk it wishes to retain. Retrospective rating gives cities the closest option to self-insurance. Since the final premium will be a function of the city's own losses, a good safety and loss control program can save the city money over the long run. On the other hand, the city would also be subject to premium increases if it experiences a big loss. Cities that select a retrospective rating option pay a deposit premium to LMCIT at the beginning of the agreement period. Six months after the end of the agreement year,the city's premiums are adjusted up or down based on the city's actual incurred losses for that year. That adjustment is repeated annually until all claims from the agreement period are closed. Before selecting retro rating,a city may wish to do a"what if' calculation of what the city's premiums would have been for each of the past few years if the city had had a retrospective rating plan in place. This can be a useful tool for cities evaluating retrospective rating options. For more information about the retrospective rating options, refer to the"Workers' Compensation Retrospective Rating Options"memo, fax number 66360. • 4 Retro close-out option 40 After five years participation in a retro program, cities have the option to close out retro-rated coverage from previous years. If a city closes out the retro, no further adjustments are then made to the city's premiums under the retro-rated formula, regardless of what future changes there may be in the city's paid or incurred losses. The charge for the close-out is a percentage of the city's incurred losses for the coverage year in question. You may call Barb Meyer at 651-215- 4173 to calculate your city's close-out charges. For more information about the retro close-out option, refer to the "Workers' Compensation Retro Close-Out Option"memo, fax number 66320. Deductible options Under a deductible option, the city pays lower premium in return for agreeing to reimburse LMCIT for paid medical losses up to a set deductible. If the city selects a deductible option,the deductible applies per occurrence to medical costs only. There are six deductible options ranging from a $250 deductible with a 3 percent premium credit to a$10,000 deductible with an 18 percent premium credit. Deductibles do not affect the experience modification calculation. Even though under a deductible option the city reimburses LMCIT for certain medical costs,those costs are still included in calculating the experience modification. For more information on deductible options, refer to the "Workers' Compensation Deductible Options" memo, fax number 66350. Managed care option Cities that enroll with a state-certified managed care organization (MCO) receive a 5%premium credit on their work comp coverage. MCOs attempt to reduce the total costs of work comp claims by providing care in a network setting, establishing cost effective treatment protocols, and working to return the employee to work as soon as possible. If the MCO is successful in reducing loss costs, the city would see additional savings in the form of an improved experience modification. LMCIT has been monitoring cities' experience with MCOs for several years. The results are not clearcut,though the most recent review suggests that managed care may be producing at least some overall savings for some cities. There are a number of certified MCOs in Minnesota, but the two that cities have most often used to date are CMC (a Blue Cross subsidiary) and Corvel. Some factors to look at in selecting an MCO are whether the MCO has network providers in their area; the MCO's fees and charges; and whether the MCO's overall approach and philosophy matches the city's. For a list of certified MCOs, contact the Department of Labor and Industry at 800-342-5354 or www.doli.state.mn.us. 411 5 Non-smoker credit for police and firefighters SLMCIT offers member cities a 10 percent rate credit for non-smoking police and firefighters. To qualify for the credit,the city must obtain written statements of non-smoking from at least 90 percent of the members of the department. The statement must be signed and dated, and must state that the individual does not smoke and has not smoked within the previous six months. LMCIT gives this discount because several of the diseases presumed by statute to be job-related for firefighters and police officers—various heart diseases, lung diseases, and cancers—are also related to smoking. Fire or police departments with very few smokers represent a lower risk for claims for heart disease, lung disease, or cancer. For more information on how this credit works, refer to the "Workers' Compensation for Volunteer Firefighters"memo, fax number 66020. July 2001 • 6 145 University Avenue West, St. Paul, MN 55103-2044 Phone: (651) 281-1200 • (800) 925-1122 TDD (651) 281-1290 League of Minnesota Cities LMC Fax: (651) 281-1299 • LMCIT Fax: (651) 281-1298 Cities ll promoting excellence Web Site: http://www.lmnc.org MINNESOTA WORKERS' COMPENSATION NOTICE OF RENEWAL This information is provided to assist you in understanding your workers' compensation coverage and renewal options. Please read all the information carefully before making selections for the next coverage period. The following information is included: • Renewal Data form • Copy of previous year's coverage selection and premium information page • Risk management memorandum: Things to Think About When Renewing Your City's Workers' Compensation Coverage If you have additional questions about the coverage options available to your City, please contact the League of Minnesota Cities Insurance Trust: Barb Meyer, Policy Services Technician Jan Kodet, Underwriting Supervisor Phone: 651-215-4173 Phone: 651-215-4082 Fax: 651-281-1297 Fax: 651-281-1298 Email: bmeyer2 @lmnc.org Email: jkodet @lmnc.org Deb Anger, Account Manager Ann Gergen, Associate Administrator Phone: 651-215-4170 Phone: 651-281-1291 Fax: 651-281-1297 Fax: 651-281-1298 Email: danger @lmnc.org Email: agergen @lmnc.org Any of the above listed individuals can also be reached at 800-925-1122. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER 145 University Avenue West, St. Paul, MN 55103-2044 Phone: (651) 281-1200 • (800) 925-1122 TDD (651) 281-1290 fliLeague of Minnesota Cities LMC Fax: (651) 281-1299 • LMCIT Fax: (651) 281-1298 Cities promoting excellence J Web Site: http://www.lmnc.org Changes in payment of agent fees in workers' compensation program We've made some changes in the payment of agent fees in the work comp program effective September 1, 2002. These changes better align the payment of agent fees with total premium paid by the city. These changes result from implementing a new computer system and are consistent with the way payments are processed in the property/casualty program. Payment of agent fees will change as follows: • Agent fees payable on installments are computed for each city installment and paid 15 days after the month the installment is received by LMCIT. This replaces the practice of paying the entire year's agent fees on the first installment. • Agent fee adjustments now reflect endorsements added or deducted from the city • policy. Currently,no agent fee adjustments are made on endorsement changes in the work comp program. • Agent fee adjustments now reflect premium changes resulting from audits made after the coverage period. However, adjustments will not be made under the retrospective rating plan. If you have any questions about agent fees in the work comp program,please contact Barb Meyer at 651-215-4173 or bmeyer @lmnc.org 0 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER • M segue of Minnesota Cities Cities promoting excellence League of Minnesota Cities 145 University Avenue West St. Paul, MN 55103-2044 (651)281-1200 Comprehensive Municipal Property and O Casualty Coverage age Administered By: Berkley Risk Administrators Company,LLC 145 University Avenue West St.Paul,MN 55103-2044 (651)281-1200 **IMPORTANT** • PLEASE READ YOUR AGREEMENT Covenant Number: COMMON COVERAGE DECLARATIONS CMC 24118 Coverage is Provided by: THE LEAGUE OF MINNESOTA CITIES Previous Covenant Number: INSURANCE TRUST LMC CMC 22977 (Herein called LMCIT) Om 1. CITY and MAILING ADDRESS: CitMs promoting excellence lence Cities�romofing exc¢�enae OAK PARK HEIGHTS, CITY OF 14168 OAK PARK BLVD P.O. BOX 2007 STILLWATER MN 55082 Item 2. COVERAGE PERIOD: ONE YEAR From: 07/07/03 To: 07/07/04 12:01 AM Standard Time at Mailing Address on Common Coverage Declarations Item 3. THE COVERED PARTY IS: CITY Item 4. COVERAGE PARTS: IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS COVENANT, LMCIT AGREES TO PROVIDE THE COVERED PARTY WITH COVERAGES SHOWN BELOW FOR WHICH A PREMIUM CHARGE IS STATED: PROPERTY, CRIME AND BOND Premium Property $ 15,2 3 3 Additional Covered Loss or Damages INCLUDED Water and Supplemental Flood Coverage INCLUDED Crime INCLUDED IIIIBond -Employee Dishonesty NOT COVERED Bond -Faithful Performance NOT COVERED EQUIPMENT BREAKDOWN NOT COVERED MUNICIPAL LIABILITY $ 24,580 Medical and Related Expense INCLUDED AUTOMOBILE LIABILITY $ 3,111 AUTOMOBILE PHYSICAL DAMAGE $ 1,899 TOTAL $ 44,823 Item 5. GENERAL ANNUAL AGGREGATE DEDUCTIBLE: DOES NOT APPLY Item 6. PREMIUM IS DUE AND PAYABLE: ANNUAL - IN ADVANCE Item 7. FORMS APPLICABLE TO ALL COVERAGE PARTS: CCM(11-01) Item 8. DECLARATIONS APPLICABLE: DEC-011(11-02) DEC-012(11-02) DEC-013(11-02) DEC-016(11-00) xi • 7 f's1 //: 1 '\ P Execu ve D ctor,LMCIT LMCIT DEC-01 1(11/86)(Rev.11/02) COMMON CONDITIONS ALL COVERAGE PARTS INCLUDED IN THIS COVENANT • ARE SUBJECT TO THE FOLLOWING CONDITIONS: 1. CANCELLATION AND NON-RENEWAL The city shown in the Declarations is authorized to make changes in the terms of this coverage agreement a. The city shown in the Declarations may cancel with the consent of LMCIT. The coverage terms can Y g this covenant by mailing or delivering to LMCIT be amended or waived only by endorsement issued by__ advance written notice of cancellation. LMCIT and made a part of this covenant or by acknowledgment by LMCIT that an endorsement will b. LMCIT may cancel this covenant by mailing or be issued at a later date. delivering to the city shown in the Declarations written notice of cancellation at least: 3. RATING AUTHORITY AND EXAMINATION OF THE CITY'S BOOKS (1) 10 days before the effective date of the AND RECORDS cancellation if LMCIT cancels for nonpayment of premium; or LMCIT shall have full discretionary authority to promulgate rates and establish the premium to be (2) 30 days before the effective date of the charged for the coverage period under this covenant. cancellation if LMCIT cancels for any other LMCIT may, at its discretion or at the city's request, reason. examine and audit the city's books as they relate to this covenant during the coverage period and up to c. LMCIT will mail or deliver its notice to the city one year thereafter and, accordingly, make any shown in the Declarations last mailing address necessary adjustments in premium. No premium known to LMCIT. adjustments will be made after one year following the expiration of the coverage period. d. Notice of cancellation will state the effective date of cancellation. The coverage period will end on 4. INSPECTIONS AND SURVEYS that date. LMCIT has the right, but it is not obligated to: e. If this covenant is canceled,LMCIT will send the city shown in the Declarations any premium a. Make inspections and surveys at any time. refund due. If LMCIT cancels,the refund will be pro-rata. If the city cancels, the refund may be b. Give the city reports on the conditions it fords; less than pro-rata. The cancellation will be and effective even if LMCIT has not made or offered a refund. c. Recommend changes. f. If LMCIT decides not to renew this covenant, Neither LMCIT's right to make inspections nor its LMCIT will mail or deliver to the city shown in making any report thereon shall constitute any the Declarations written notice of the non-renewal undertaking on behalf of or for the benefit of the city not less than 30 days before the expiration date. or others to determine or warrant that such property or operations are safe or healthful or free from hazard g. If notice is mailed, proof of mailing will be or are in compliance with any law, rule or regulation. sufficient proof of notice. These conditions apply not only to LMCIT,but also to 2. CHANGES any rating advisory, rate service, or similar organization which makes inspections, surveys, • This covenant contains all the agreements between reports, or recommendations. LMCIT and the city concerning the coverage afforded. LMCIT CCM(11-89)(Rev. 11-01) Page 1 of 2 a 5. PREMIUMS 11. OTHER COVERAGE The city shown in the Declarations: a. Except as provided in paragraph b., this coverage is excess over the following: a. Is responsible for the payment of all premiums; • and (1) Any liability insurance policy of another party on which the covered party is an additional b. Will be the payee for any return premiums. insured or additional named insured. 6. TRANSFER OF THE CITY'S RIGHTS (2) Any other valid and collectible insurance AND DUTIES UNDER THIS COVENANT policy or other coverage, whether such other • policy or coverage is primary,excess, contingent, The city's rights and duties under this covenant may or any other basis, unless that policy or coverage not be transferred without the written consent of is specifically written to be excess over this LMCIT. covenant. 7. OVERLAP OF COVERAGE b. This coverage is primary for any of the following losses: In the event of a dispute between LMCIT and one or more insurers as to which policy or coverage (1) A covered loss of business personal effects, agreement applies to a covered loss, LMCIT shall with respect to any coverage provided under the indemnify the city for any legal or other expenses employee's homeowners' insurance or similar which are necessarily incurred by the city in coverage. determining whether LMCIT or the insurer(s) shall bear the loss. Such indemnification shall be made (2) A covered loss of contents or mobile property only if it is determined that payment of the loss shall in the city's care, custody and control that is used be made under this covenant. If the loss is shared by to maintain the operations of the city,with respect LMCIT and one or more insurers, indemnification to coverage provided under an insurance policy • shall be made in the same proportion as the loss of the owner covering that property. payment. The city and LMCIT shall cooperate in the development and execution of reasonable procedures (3) A covered loss resulting from the city's to resolve the dispute. maintenance or use, including loading or unloading, of any owned automobile that is not a 8. ASSESSIBILITY trailer. All cities in the joint coverage pool are jointly and (4) A covered loss resulting from the city's severally liable for all claims and expenses of the maintenance or use, including loading or pool. The amount of any liabilities in excess of assets unloading, of any trailer the city does not own but may be assessed to the members of the pool when a which is connected to an owned automobile. deficiency is identified. (5) Any covered liability claim against a party 9. NUCLEAR HAZARD who has been added by endorsement as an additional covered party under this covenant, unless that endorsement specifically provides that LMCIT, under this covenant, does not cover any loss this covenant is excess. or claim for damage that is caused in part or in total by nuclear reaction or radiation, or radioactive contamination, however caused. (6) A covered loss to a covered automobile as provided by the Municipal Automobile Physical 10. CONCEALMENT OR FRAUD Damage Coverage. This covenant is void if the city has intentionally (7) A covered loss to a builders risk property as provided by Buildings in the Course of • concealed or misrepresented any material fact or Construction, Alteration or Repair Coverage. circumstance relating to this covenant. LMCIT CCM(11-89)(Rev. 11-01) Page 2 of 2 Covenant Number: MUNICIPAL,PROPERTY,CRIME,BOND and CMC 24118 EQUIPMENT BREAKDOWN DECLARATIONS Coverage is provided by: LMC THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST ague o{1Kinnesota Cities • (Herein called LMCIT) Cities promoting excellence Item 1. CITY: OAK PARK HEIGHTS, CITY OF Item 2. COVERAGE PERIOD: ONE YEAR From: 07/07/03 To: 07/07/04 12:01 AM Standard Time at Mailing Address on Common Coverage Declarations Item 3. THE COVERED PARTY IS: CITY Item 4. COVERAGE: IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS COVENANT, LMCIT AGREES TO PROVIDE THE COVERED PARTY WITH COVERAGES SHOWN BELOW FOR WHICH A LIMIT IS STATED: Item 5. COVERAGE PART ONE - PROPERTY Section I - Property Blanket Limit of Coverage Per Occurrence $ 7,175,454 This blanket limit is subject to the sublimits as described in Section VI, Limits of Coverage and Valuation • Terrorism Activity Blanket Annual Aggregate Limit$ 1 ,000,000 Section II- Additional Covered Loss or Damage 1 . Asbestos Clean up, Abatement and Removal $ 250,000 Per Location 2. Loss of Revenue, Extra Expense and Expediting Expense $5,000,000 Per Location 3 . Debris Removal(Direct Physical Damage to Covered Property) $1,000,000 Per Occurrence (No Direct Physical Damage to Covered Property) $ 50,000 Per Occurrence 4. Leasehold Interest $ 500,000 Per Location 5. Pollutant Cleanup and Removal $ 10,000 Per Location 6. Errors $ 500,000 Per Occurrence 7. Rental Reimbursement $ 25,000 Annual Aggregate 8. Arson Reward $ 5,000 Per Fire Loss 9. Accounts Receivable $ 500,000 Per Location 10. Valuable Papers & Records $ 500,000 Per Location Section IV - Water and Supplemental Flood Coverage $ 500,000 Per Occurrence/ • 500,000 Annual Aggregate LMCIT DEC-012(11-86)(Rev.i1/02) Page 1 of 3 LMC • League of Minnesota Cities Cities promoting excellence J Item 6. REFER TO SCHEDULE OF COVERED PROPERTY FOR THOSE LOCATIONS INCLUDED IN THE SECTION I COVERAGE; THE SCHEDULE OF COVERED MOBILE PROPERTY FOR THE MOBILE PROPERTY INCLUDED IN THE SECTION I COVERAGE AND THE SCHEDULE OF OF COVERED PROPERTY FOR THOSE LOCATIONS INCLUDED IN SECTION IV COVERAGE. Item 7. DEDUCTIBLE(Deductible applies per occurrence subject to General Annual Aggregate Deductible, if any, shown on Common Coverage Declarations): COVERAGE PART ONE - PROPERTY $ 500 Per Occurrence Item 8. COVERAGE PARTS, FORMS, SCHEDULES AND ENDORSEMENTS APPLICABLE TO THIS COVERAGE. ME063(11-01) ME079(11-02) MPCB(11-02) MPCB-110(11-02) PM-100(11-02) PM-109(11-02) em 9. MORTGAGE HOLDER (if applicable) Item 10. COVERAGE PART TWO - CRIME LIMIT OF COVERAGE PER OCCURRENCE $ 100,000 Item 11. DEDUCTIBLE(Deductible applies per occurrence subject to General Annual Aggregate Deductible, if any, shown on Common Coverage Declarations): COVERAGE PART TWO - CRIME $ 500 Per Occurrence Item 12. COVERAGE PARTS, FORMS, SCHEDULES AND ENDORSEMENTS APLICABLE TO THIS COVERAGE. ME063(11-01) MPCB(11-02) LMCIT DEC-012(11-86)(Rev.11/02) Page 2 of 3 • League Minnesota Cities Cities promoting excellence J Item 13. COVERAGE PART THREE - BOND Item 13A. BOND - EMPLOYEE DISHONESTY COVERAGE LIMIT OF COVERAGE PER OCCURRENCE $ DEDUCTIBLE(Deductible applies per occurrence subject to General Annual Aggregate Deductible, if any, shown on Common Coverage Declarations): DEDUCTIBLE- EMPLOYEE DISHONESTY COVERAGE $ Per Occurrence Item 13B. BOND - FAITHFUL PERFORMANCE COVERAGE LIMIT OF COVERAGE PER OCCURRENCE $ DEDUCTIBLE(Deductible applies per occurrence subject to General Annual Aggregate Deductible, if any, shown on Common Coverage Declarations): DEDUCTIBLE- FAITHFUL PERFORMANCE COVERAGE $ Per Occurrence Item 14. COVERAGE PARTS, FORMS, SCHEDULES AND ENDORSEMENTS APPLICABLE TO THIS COVERAGE. S Item 15. EQUIPMENT BREAKDOWN COVERAGE EQUIPMENT BREAKDOWN LIMIT: $ DEDUCTIBLE: $ ANY ONE ACCIDENT Item 16. COVERAGE PARTS, FORMS, SCHEDULES AND ENDORSEMENTS APPLICABLE TO THIS COVERAGE. LMCIT DEC-012(11-86)(Rev.11/02) Page 3 of 3 • Definition of City Endorsement It is understood and agreed that city is amended to include: ECONOMIC DEVELOPMENT AUTHORITY All other terms and conditions remain unchanged. • • LMCIT Page 1 of 1 ME063(11/95)(Rev. 11/01) 1 Terrorism Losses Annual Aggregate Limit Endorsement 1111 This Endorsement modifies coverage provided under the Municipal Property Coverage and the Municipal Automobile Physical Damage Coverage. LMCIT will not pay more than $1,000,000 for losses, costs or expenses arising out of or related to, either directly or indirectly, any terrorist activity during the annual coverage period, regardless of the number of occurrences. This limit is part of and not in addition to the blanket limit per occurrence. Terrorist activity means any of the following, regardless of any other cause or event that in any way contributes concurrently or in any sequence to the loss, cost or expense: 1. Any deliberate, unlawful act that: a. Is declared by any authorized governmental official to be or to involve terrorism, terrorist activity or acts of terrorism; or b. Includes, involves, or is associated with the use or threatened use of force, violence or harm against any person, tangible or intangible property, the environment, or any natural resources, where the act or threatened act is intended, in whole or in part, to: ID (1) Promote or further any political, ideological, philosophical, racial, ethnic, social or religious cause or objective of the perpetrator or any organization, association or group affiliated with the perpetrator; or (2) Influence, disrupt or interfere with any government related operations, activities or policies; or (3) Intimidate, coerce or frighten the general public or any segment of the general public; or (4) Disrupt or interfere with a national economy or any segment of a national economy; or c. Includes, involves, or is associated with, in whole or in part, any of the following activities, or the threat thereof: (1) Hijacking or sabotage of any form of transportation or conveyance, including but not limited to spacecraft, satellite, aircraft, train, vessel, or motor vehicle; or (2) Hostage taking or kidnapping; or • LMCIT ME079 (11/01)(Rev.11/02) Page 1 of 2 (3) The use of any biological, chemical, radioactive, or nuclear agent, material, device or weapon; or • (4) The use of any bomb, incendiary device, explosive or firearm; or (5) The interference with or disruption of basic public or commercial services and systems, including but not limited to the following services or systems: electricity, natural gas, power, postal, communications, telecommunications, information, public transportation, water, fuel, sewer or waste disposal; or (6) The injuring or assassination of any elected or appointed government official or any government employee; or (7) The seizure, blockage, interference with, disruption of, or damage to any government buildings, institutions, functions, events, tangible or intangible property or other assets; or (8) The seizure, blockage, interference with, disruption of, or damage to tunnels, roads, streets, highways, or other places of public transportation or conveyance. 2. Any of the activities listed in section 1, c. above shall be considered terrorist activity except where you can conclusively demonstrate to us that the • foregoing activities or threats thereof were motivated solely by personal objectives of the perpetrator that are unrelated, in whole or in part, to any intention to: a. Promote or further any political, ideological, philosophical, racial, ethnic, social or religious cause or objective of the er etrator or any objective p Y organization, association or group affiliated with the perpetrator; or b. Influence, disrupt or interfere with any government related operations, activities or policies; or c. Intimidate, coerce or frighten the general public or any segment of the general public; or d. Disrupt or interfere with a national economy or any segment of a national economy. • LMCIT ME079 11/01 Rev.11/02 � )� ) Page 2 of 2 • LMC League of Minnesota Cities Cities promoting excellence J MUNICIPAL PROPERTY, CRIME AND BOND COVERAGE r LMCIT MPCB(11-99)(Rev. 11-02) • LMC League of Minnesota Cities Cities promoting excellence J MUNICIPAL PROPERTY COVERAGE • PART ONE • LMCIT MPCB(11-99)(Rev.11-02) MUNICIPAL PROPERTY, CRIME AND BOND COVERAGE • WHAT IT IS AND WHERE YOU CAN FIND IT INDEX PROPERTY COVERAGE - PART ONE LMC League of Minnesota Cities Cities promoting excellence J PAGE SECTION I - PROPERTY COVERAGE 1-2 1. COVERAGE AGREEMENT 1 a. COVERED PROPERTY 1 b. PROPERTY NOT COVERED 1-2 SECTION II-ADDITIONAL COVERED LOSS OR DAMAGE 2-4 1. COVERAGE AGREEMENT 2 a. LOSS OF REVENUE,EXTRA EXPENSE AND EXPEDITING EXPENSE 2 b. DEBRIS REMOVAL 2 c. LEASEHOLD INTEREST 2 d. ACCOUNTS RECEIVABLE 3 • e. VALUABLE PAPERS AND RECORDS 3 f. UTILITY SERVICES 3 2. COVERAGE AGREEMENT 3 a. ASBESTOS CLEANUP,ABATEMENT AND REMOVAL 3 b. POLLUTANT CLEANUP AND REMOVAL 3 c. ERRORS 3 d. RENTAL REIMBURSEMENT 3 e. ARSON REWARD 3-4 f. EXTRAORDINARY EXPENSE 4 SECTION III - CAUSES OF LOSS AND DAMAGES NOT COVERED 4-6 SECTION IV-WATER AND SUPPLEMENTAL FLOOD COVERAGE 6-7 SECTION V-BUILDINGS IN THE COURSE OF CONSTRUCTION, ALTERATION OR REPAIR COVERAGE 7 SECTION VI -LIMITS OF COVERAGE AND VALUATION 7-11 SECTION VII- DEFINITIONS 12-16 SECTION VIII- CONDITIONS 17-20 I • LMCIT MPCB(11-99)(Rev. 11-02) MUNICIPAL PROPERTY COVERAGE O PART ONE Various provisions in this covenant restrict coverage. Words and phrases that appear in italics have special Read the entire covenant carefully to determine rights, meaning,as given in SECTION VII-DEFINITIONS. duties and what is or is not covered. SECTION I - PROPERTY COVERAGE 1. COVERAGE AGREEMENT (5) We will pay for loss to covered property that is temporarily at an unscheduled location that you We will pay for direct physical loss of or damage to do not own, lease or operate, as described in your covered property unless the cause of loss or SECTION VI -LIMITS OF COVERAGE AND damage is not covered,as described under SECTION VALUATION. III - CAUSES OF LOSS AND DAMAGES NOT COVERED. The amount we will pay for loss or b. PROPERTY NOT COVERED damage is limited as described in SECTION VI - LIMITS OF COVERAGE AND VALUATION. We will not cover the following types of property: a. COVERED PROPERTY (1) Aircraft; (1) We will cover the following types of property: (2) Animals (except for police dogs); (a) Building/contents described in the Schedule (3) Automobiles, vehicles, or self-propelled of Covered Property. machines that are licensed for use on public roads; (b) Property in the open described in the Schedule of Covered Property. (4) Bills,currency,deeds,evidences of debt,money, notes or securities; (c) Mobile property valued at $25,000 replacement cost or less if identified as covered (5) Builders risk property; on the Schedule of Covered Mobile Property;and mobile property valued at greater than $25,000 (6) Bridges,roadways, walks,patios or other paved replacement cost and is listed on the Schedule of surfaces, except golf course property; Covered Mobile Property. (7) Contraband or property in the course of illegal (2) We will pay for loss to newly acquired or transportation or trade; constructed building/contents or property in the open at any one location as described in (8) Cost of excavations, grading, backfilling or SECTION VI - LIMITS OF COVERAGE AND filling; VALUATION. (9) Land,subsoil,crops or lawns,except golf course (3) We will pay for loss to newly acquired or property; constructed mobile property as described in SECTION VI- LIMITS OF COVERAGE AND (10) Pilings,piers,wharves or docks; VALUATION. (11) Underground and buried pipes,flues or drains; (4) We will pay for loss to covered property in transit • as described in SECTION VI - LIMITS OF (12) Foundations of buildings, structures,machinery COVERAGE AND VALUATION. or boilers if their foundations are below: LMCIT MPCB(11-99)(Rev.11-02) Page 1 of 20 (a) The lowest basement floor; or (14) Transmission and distribution lines and poles and equipment that are usual to the transmission of (b) The surface of the ground, if there is no electricity. This does not include substations and basement; transformers. (13) Retaining walls that are not part of the covered, (15) Trees and shrubs that are not within 100 feet of property; a building. SECTION II - ADDITIONAL COVERED LOSS OR DAMAGE 1. COVERAGE AGREEMENT lessee (including any maintenance or operating charges paid by the lessee)during the unexpired We will provide coverage for the following loss or term of the lease; and damage unless the cause of loss or damage is not covered,as described under SECTION III-CAUSES (b) The rental income that would have been OF LOSS AND DAMAGES NOT COVERED. The earnedbyyou from sublease agreements,over and amount we will pay for loss or damage is limited as above the rental expense specified in the lease described in SECTION VI-LIMITS OF COVERAGE between you and the lessor. AND VALUATION. (3) When covered property is rendered wholly or a. LOSS OF REVENUE, EXTRA EXPENSE partially untenantable by a direct physical loss or AND EXPEDITING EXPENSE damage and the lease is canceled by the lessor in accordance with the conditions of the lease or by We will pay for the actual loss of revenue, extra statutory requirements of the state in which the expense or expediting expense sustained by you due to damaged or destroyed covered property is located, the necessary suspension of your operations during we will cover the pro rata proportion from the date • the period of recovery caused by direct physical loss of loss to expiration date of the lease(to be paid or damage to any covered property. without discount) on your interest in: b. DEBRIS REMOVAL (a) Improvements and betterments to covered property during the unexpired term of the lease We will cover the following debris removal expenses: that is not covered under any other section of Part One of the covenant; or (1) The cost of removal of debris of covered property and non-covered property from a covered location (b) The amount of advance rental paid by you and resulting from direct physical loss or damage to not recoverable under the terms of the lease for covered roe the unexpired term of the lease. property;rty� or (2) The cost of removal of debris of non-covered (4) We will cover your leasehold interest when your property fromyour covered location which results covered property is rendered wholly or partially from a specified cause of loss. untenantable and the lease is canceled by the lease or by statutory requirements of the state in which c. LEASEHOLD INTEREST the damaged or destroyed covered property is located. (1) We will provide coverage for leasehold interest resulting from direct physical loss or damage to (5) We will cover your leasehold interest for the first covered property. three months succeeding the date of the loss and the net lease interest for the remaining months of the unexpired lease. We will not be liable for any (2) Leasehold interest means: increase of loss that may be occasioned by the suspension, lapse, or cancellation of any license, • (a) The excess of the fair rental value of similar or by the exercising of any option to cancel the premises over the actual rent payable by you as lease. LMCIT MPCB(11-99)(Rev.11-02) Page 2 of 20 d. ACCOUNTS RECEIVABLE damage to covered property. We will pay for loss or damage to your accounts (2) We will cover the costs of testing that are incurred receivable caused by direct physical loss or damage to in the course of extracting pollutants from land or your accounts receivable. water and any expense incurred to test for, monitor,or assess the existence,concentration,or e. VALUABLE PAPERS AND RECORDS effects of pollutants. We will pay for loss or damage to valuable papers and c. ERRORS records caused by direct physical loss or damage to your valuable papers and records. We will pay for loss to any covered property if the loss is not covered solely because of: f. UTILITY SERVICES (1) Any inadvertent error in the description or (1) We will pay for loss or damage to covered location of the building/contents,property in the property caused by an interruption of a utility open, mobile property, or builders risk property service to your covered property. covered by the covenant,which inadvertent error existed at the inception date of the covenant; or (2) We will pay for the actual loss of revenue, extra expense or expediting expense sustained by you (2) Any inadvertent error in the description or due to the necessary suspension of your location of the building/contents,property in the operations during the period of recovery caused open, mobile property, or builders risk property by an interruption of a utility service to your in endorsements to the covenant; or covered property. (3) Failing through an inadvertent error to schedule This interruption must be caused by direct physical (a) any building/contents, property in the open, loss or damage to utility service property. mobile property, or builders risk property owned by the city at the inception of the covenant,or(b) 2. COVERAGE AGREEMENT any newly acquired or constructed building/ contents,property in the open,mobile property or We will provide coverage for the following loss or builders risk property during the term of the damage. The amount we will pay for loss or damage coverage document. is limited as described in SECTION VI- LIMITS OF COVERAGE AND VALUATION. (4) It is a condition of this coverage that such inadvertent error shall be reported and corrected a. ASBESTOS CLEANUP, ABATEMENT when discovered. AND REMOVAL d. RENTAL REIMBURSEMENT (1) We will pay for your expense to clean up,abate or remove from covered property asbestos particles We will pay for rental reimbursement expenses that are discharged,dispersed, or released. incurred by you for the rental of mobile property that was a result of a covered loss to your mobile property. (2) The expenses to clean up, abate or remove asbestos particles will be paid only if such (1) No deductibles apply to this coverage. expenses are incurred within 90 days of the date of direct physical loss or damage. (2) This coverage does not apply while there is spare or reserve equipment available to you for your b. POLLUTANT CLEANUP AND operations. REMOVAL e. ARSON REWARD (1) We will provide coverage for pollutant cleanup and removal resulting from direct physical loss or In the event that a covered fire loss was the result of an act of arson,we will reimburse you for rewards you LMCIT MPCB(11-99)(Rev. 11-02) Page 3 of 20 pay for information leading to convictions for that act are paid under this section, the city must of arson. reimburse LMCIT as provided in this paragraph. The amount to be paid to LMCIT will equal the • f. EXTRAORDINARY EXPENSE amount needed to reimburse LMCIT for the full amount of any claims that LMCIT pays under this (1) Extraordinary expense payment: section. The city may,at its discretion, reimburse LMCIT through payment of equal annual As a benefit associated with being a member of installments over a period of up to five years from LMCIT's property/casualty program, upon the date the claim is paid. Each installment will submission of a claim LMCIT will pay for any be billed and payable at the same time as the city's extraordinary and unanticipated cost or expense annual renewal premium for LMCIT property/ the city incurs which: casualty coverage. If the city ceases to be a member of the LMCITproperty/casualty program, (a) Is necessary for the purpose of protecting the the full amount, together with• any accrued public health and safety,protecting city property, interest,will be immediately due and payable on or meeting the city's legal obligations; and the date that the city ceases to be a member. (b) Is not covered by any other provision of this No interest will apply if reimbursement is made covenant,any other LMClTcoverage covenant,or within one year of the date the cost or expense any insurance policy. was incurred. If the city elects to pay the reimbursement in more than one annual The city must provide to LMCIT any information installment, interest at the rate of 3% annually or documentation needed or requested in order to shall be included in the amount owed beginning determine if these conditions are met. The one year from the date the cost or expense was determination of whether these conditions are met incurred. will be at LMCIT's sole discretion. (4) Termination of benefits: • (2) Limit: The LMCIT Board of Trustees may terminate the LMCIT will not pay more than $100,000 for benefit provided under this section at any time claims under this section during the coverage upon 10 days written notice to the city, if the year, regardless of the number of claims, Board determines that it is necessary to protect the occurrences or incidents. interests of LMCIT or its member cities. (3) Reimbursement of extraordinary expense Termination of this coverage shall not affect any payment: claims that the city has submitted to LMCIT before the effective date of termination of For any claims for extraordinary expense which coverage. SECTION III - CAUSES OF LOSS AND DAMAGES NOT COVERED 1. CAUSES OF LOSS NOT COVERED overflow of any body of water, or their spray, all whether driven by wind or not; We will not pay for loss or damage caused directly or indirectly by any of the following. Such loss or (2) Mudslide or mudflow; damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence (3) Water that backs up or overflows from a sewer, to the loss. drain or sump; or a. WATER (4) Water under the ground surface pressing on, or • flowing or seeping through: (1) Flood, surface water, waves, tides, tidal waves, LMCIT MPCB(11-99)(Rev. 11-02) Page 4 of 20 (a) Foundations,walls,floors or paved surfaces; This exclusion does not apply if the discharge, dispersal, seepage,migration,release or escape of • (b) Basements,whether paved or not; or pollutants is itself caused by a specified cause of loss. (c) Door,windows or other openings; This exclusion does not apply to pollutant cleanup except for coverage that is provided by water and and removal as provided in SECTION II, 2.b. supplemental flood coverage as described in SECTION IV-WATER AND SUPPLEMENTAL c. Damages caused by dishonest or criminal acts by FLOOD COVERAGE. you, or your employees: But if loss or damage by fire, explosion or (1) Acting alone or in collusion with others; or sprinkler leakage results, we will pay for that resulting loss or damage. (2) Whether or not occurring during the hours of employment. This exclusion does not apply to mobile property. This exclusion does not apply to acts of destruction b. NUCLEAR HAZARD by your employees; but theft by employees is not covered. Nuclear reaction or radiation, or radioactive contamination, however caused. d. Damages caused by explosion of steam boilers, steam pipes, steam engines or steam turbines But if loss or damage by fire results, we will pay for owned or leased by you, or operated under your that resulting loss or damage. control. c. WAR But if loss or damage by fire or combustion IIIexplosion results,we will pay for that resulting loss (1) War,including undeclared or civil war; or damage. (2) Warlike action by a military force, including We will also pay for loss or damage caused by or action in hindering or defending against an actual resulting from the explosion of gases or fuel within or expected attack,by any government, sovereign the flues or passages through which the gases of or other authority using military personnel or other combustion pass. agents; or e. The cost to repair or replace faulty workmanship, (3) Insurrection,rebellion,revolution,usurped power, materials, construction or design. or action taken by governmental authority in hindering or defending against any of these. This exclusion does not apply to computer equipment data and media. 2. DAMAGES NOT COVERED f. The cost to repair or replace mechanical We will not pay for the following damages: breakdown,including rupture or bursting caused by centrifugal force. a. Damage to your electrical devices, appliances or This exclusion does not apply to computer wires caused by artificially generated electric current including electric arcing. equipment data and media. This exclusion does not apply to computer g. Damages caused by: equipment data and media. (1) Rust, corrosion, decay, deterioration, disease, • b. Damage from the discharge, dispersal, seepage, hidden or latent defect, or any quality in property migration,release or escape of pollutants. that causes it to damage or destroy itself; LMCIT MPCB(11-99)(Rev.11-02) Page 5 of 20 (2) Mold or other fungus or fungi,fungal spores,or not apply to police dogs. fungal fragments or metabolites, such as mycotoxins or volatile organic components; h. Unexplained loss, mysterious disappearance, or • shortage disclosed upon taking inventory. (3) Settling, shrinking or expanding; or i. Seizure or destruction of property by order of (4) Wear and tear. governmental authority. This exclusion does not apply if the above damage But we also will pay for acts of destruction ordered results from a specified cause of loss. by governmental authority and taken at the time of a fire to prevent its spread, if the fire would be The exclusion for damages caused by disease does covered under this coverage part. SECTION IV - WATER AND SUPPLEMENTAL FLOOD COVERAGE 1. COVERAGE AGREEMENT But if loss or damage by fire, explosion or sprinkler leakage results, we will not pay for that a. For your building/contents,property in the open,or resulting loss or damage under this SECTION IV. builders risk property subject to the exclusions and limitations in paragraph b.below,we will pay for: b. (1) For any building/contents, property in the open, or builders risk property for which Code A (1) Direct physical loss of or damage to your is shown on the Schedule of Covered Property,no building/contents,property in the open, or builders additional exclusions apply to the coverage riskproperty described in the Schedule of Covered provided under this section. Property; and (2) For any building/contents, property in the • (2) Any additional covered losses or damages as open, or builders risk property for which Code B is described in SECTION II - ADDITIONAL shown on the Schedule of Covered Property, the COVERED LOSS OR DAMAGE as a result of coverage provided by this section is specifically in direct physical loss of or damage to your building/ addition to and in excess of the applicable National contents, property in the open, or builders risk Flood Insurance Program coverage. property which are caused by: (3) For any building/contents, property in the (a) Flood, surface water, waves, tides, tidal open,or builders risk property for which Code C is waves,overflow of any body of water,or their shown on the Schedule of Covered Property, we spray, all weather driven by wind or not; will not pay for any loss or damage resulting from any occurrence which would be considered a flood (b) Mudslide or mudflow; for the purpose of the National Flood Insurance Program. (c) Water that backs up or overflows from a sewer, drain or sump; or (4) For any newly acquired or constructed covered property, covered property in transit, or covered (d) Water under the ground surface pressing property that is temporarily at an unscheduled on, or flowing or seeping through: location, as provided by SECTION I, l.a., COVERED PROPERTY;or builders riskproperty i) Foundations, walls, floors or paved as provided by SECTION V, 1., BUILDINGS IN surfaces; THE COURSE OF CONSTRUCTION, ALTERATION, OR REPAIR COVERAGE, that ii) Basements,whether paved or not; or are not shown on the Schedule of Covered Property,we will pay any loss or any damage as if • iii) Doors,windows or other openings. the water and supplemental flood coverage was shown as Code C on the Schedule of Covered Property. LMCIT MPCB(11-99)(Rev.11-02) Page 6 of 20 2. LIMITS OF COVERAGE damages covered under this SECTION IV is limited as described in SECTION VI-LIMITS OF COVERAGE • The maximum amount we will pay for all losses or AND VALUATION. SECTION V - BUILDINGS IN THE COURSE OF CONSTRUCTION, ALTERATION, OR REPAIR COVERAGE 1. COVERAGE AGREEMENT 2. PROPERTY NOT COVERED a. We will pay for direct physical loss of or damage to We will not cover the following types of property: your builders risk property unless the cause of loss or damage is not covered, as described under a. Any builders risk property if the approved SECTION III - CAUSES OF LOSS AND estimated total project cost exceeds $2,000,000 as DAMAGES NOT COVERED. The amount we of the date construction commenced. will pay for loss or damage is limited as described in SECTION VI-LIMITS OF COVERAGE AND b. Land, subsoil, crops or lawns. VALUATION. 3. ADDITIONAL COVERED LOSS OR b. We will pay for loss to builders risk property in DAMAGE transit as described in SECTION VI-LIMITS OF COVERAGE AND VALUATION. We will pay for covered losses and damages as described in SECTION II - ADDITIONAL c. We will pay for loss to builders risk property that COVERED LOSS OR DAMAGE as a result of direct is at a temporary location other than the physical damage to your builders risk property. • construction location as described in SECTION VI -LIMITS OF COVERAGE AND VALUATION. 4. WATER AND SUPPLEMENTAL d. We will also cover the interest of contractors and FLOOD COVERAGE subcontractors in builders risk ert ro p p y during We will pay for loss or damage to your builders risk construction to the extent of the city's obligation p y g y for a covered physical loss or damage to such property as described in SECTION IV - WATER covered property as specified in the applicable AND SUPPLEMENTAL FLOOD COVERAGE. contract. Such interest of contractors and subcontractors is limited to the property for which 5. ADDITIONAL DEFINITIONS they have been hired to perform such work and such interest will not extend to any loss ofrevenue, Project cost means the cost of construction,materials, extra expense, or expediting expense sustained by and architectural, legal, financial and other the contractor and subcontractors as provided by professional services relating to the construction, this covenant. alteration or repair project. SECTION VI - LIMITS OF COVERAGE AND VALUATION 1. LIMITS OF COVERAGE Declarations. We will then pay the amount of loss or damage in excess of the Deductible, up to the a. We will not pay for more than the blanket limit per applicable limits of coverage: occurrence specified in Item 5 of the Declarations. (1) The Deductible applies against the total loss b. We will not pay for loss or damage in any one incurred by you from any one occurrence, • occurrence until the amount of loss or damage regardless of the number of locations involved. exceeds the Deductible in Item 7 of the LMCIT MPCB(11-99)(Rev.11-02) Page 7 of 20 • (2) If two or more deductibles in Item 7 of the is$50,000 per occurrence. Declarations for property coverage apply to one occurrence for you, the total to be deducted will These limits do not apply to golf course property. • not exceed the largest deductible applicable. (4) Extraordinary expense: $100,000 per annual c. The sublimits stated below are per occurrence and aggregate are part of and not in addition to the blanket limit of occurrence: (5) Leasehold interest: $500,000 per location (1) Computer equipment data and media: (6) Pollutant cleanup and removal: $10,000 per $1,000,000 location (2) Fine arts: $500,000 (7) Errors: 90%of the loss, subject to$500,000 per occurrence (3) Covered property in transit: $250,000 (8) Rental reimbursement: $25,000 per annual (4) Unscheduled location: $500,000 aggregate (5) Personal effects: $25,000 per occurrence,but (9) Arson reward: $5,000 per fire loss not to exceed$2,500 per employee (10) Accounts receivable: $500,000 per location (6) Golf course property:$100,000 per occurrence for direct damage to golf course property and (11) Valuable papers and records: $500,000 per debris removal of covered property and non- location covered property. (12) Utility Services: $100,000 per occurrence (7) Business personal effects: $25,000 per • occurrence,but not to exceed$5,000 per employee f. The limits for water and supplemental flood coverage are specified in Item 5 of the Declarations d. The sublimits stated below are in addition to the and are stated below: blanket limit of occurrence: (1) $500,000 per occurrence. (1) Newly acquired or constructed building/ contents or property in the open at any one (2) The water and supplemental flood coverage location: $5,000,000 annual aggregate is the most we will pay for water and supplemental flood coverage loss during the (2) Newly acquired or constructed mobile annual coverage period. property: $250,000 per unit (3) The sublimits stated below are per occurrence e. The limits for the additional covered loss or and are part of and not in addition to the per damage are specified in Item 5 of the Declarations occurrence limit: and are listed below. The limits are in addition to the blanket limit of occurrence: (a) Golf course property: $100,000 (1) Asbestos clean-up, abatement and removal: (b) Property in transit: $250,000 $250,000 per location g. The limits for Buildings in the Course of (2) Loss of revenue, extra expense and expediting Construction,Alteration,or Repair Coverage are: expense: $5,000,000 per occurrence (1) Any one location: $2,000,000 • (3) Debris removal: $1,000,000 per occurrence. However, if there is no direct physical loss or (2) The limits stated below are part of,and not in damage to covered property,the most we will pay addition to,the any one location limit: LMCIT MPCB(11-99)(Rev.I 1-02) Page 8 of 20 (a) Property in transit: $250,000 (b) If the covered property is destroyed and is not replaced or rebuilt, LMCIT will pay the fair • (b) Temporary location: $500,000 market value of the property at the time of the loss. 2. LOSS VALUATION (c) If the covered property is damaged but not a. GENERAL PROVISIONS destroyed and is repaired, LMCIT will pay the actual replacement cost to repair the property plus (1) Definitions: the amount of the reduction, if any, in the fair market value of the repaired property. (a) Covered property is deemed to be destroyed if the replacement cost to rebuild or replace the (d) If the covered property is damaged but not property is less than the sum of the replacement destroyed and remains in service without being cost to repair the property plus the reduction, if repaired, LMCIT will pay the amount of the any, in the fair market value of the repaired reduction, if any, in the fair market value of the property. damaged property. (b) Replacement cost means the cost to repair or (e) If the covered property is damaged but not destroyed and the city elects not to repair it but to replace covered property that is damaged or y �' p destroyed,using new materials of equivalent size, raze or otherwise dispose of the property,LMCIT kind and quality. Replacement cost includes any will pay to the city the estimated replacement cost additional costs necessary to comply with to repair the property. building codes. LMCIT will not pay you more than your financial (2) Adjustment: interest in the covered property. • Except as provided in b. below, in the event of (3) Limitations: direct physical loss of or damage to your covered property, the basis of adjustment will be as In any event,LMCIT will not pay you more than the th following: follows: (a) If the covered property is destroyed and is (a) Your financial interest in the covered replaced or rebuilt,LMCITwill pay the following: property; (i) If the covered property is replaced or (b) 150%of the estimated replacement cost of the rebuilt at the same location, the replacement covered property, as stated in the Schedule of cost of the covered property with similar size Covered Property; or and construction; The fair market value of the covered property, (c) p p rty, (ii) If the covered property is replaced or if the covered property is vacant property. rebuilt at a different location,the replacement cost cannot be greater than if you would have However, any amounts paid for additional provided rov as damage loss or b rebuilt at the same location with similar size covered g p by SECTION and construction; or II are in addition to these limitations. (iii) If the covered property is replaced or b. SPECIAL PROVISIONS rebuilt at the same location with different size or construction, the replacement cost cannot (1) Valuable papers and records: be greater than if you would have rebuilt at 111 the same location with similar size and For valuable papers and records,LMCIT will pay construction. the cost of blank materials for reproducing the records, plus the cost of labor to transcribe or LMCIT MPCB(11-99)(Rev.11-02) Page 9 of 20 copy the records when there is a duplicate, or to (6) Police dogs: reproduce the data of records. A police dog is considered to be destroyed if ill (2) Computer equipment, data and media: because of injury or disease the dog is not able to perform the dog's normal functions and there is no For computer equipment, data, or media,LMCIT reasonable prospect that the dog will be able to do will pay the cost to replace destroyed equipment so. with equipment of greater processing ability; the cost to reproduce or restore the data;and the cost (a) For police dogs that are destroyed, LMCIT to repair or replace media with the same kind and will pay for the cost to replace the dog and the quality of material. Any replacement equipment cost of any necessary training. must be able to perform the same function as the destroyed equipment. (b) If a police dog is injured as a result of an accident or an intentional act,LMCIT will pay the Unauthorized intrusive codes or programming, cost of necessary treatment and care to enable the commonly known as a computer virus or hacking dog to resume performing the dog's normal intrusion, that are entered into your computer functions. But LMCIT will not pay the cost of equipment, data and media,are considered direct treatment and care to treat or prevent disease. physical loss of or damage to your covered property. For any single occurrence, LMCIT will not pay more than the amount you actually spend to (3) Accounts receivable: replace the police dog or for care and treatment of the police dog, or 200% of the fair market value For accounts receivable, LMCIT will pay for all of the police dog, whichever is less. amounts due from your customers that you are unable to collect; interest charges on any loan (7) Trees and shrubs: required to offset amounts you are unable to • collect pending our payment of these amounts; (a) For a tree or shrub which is destroyed,LMCIT collection expenses in excess of your normal will pay the actual cost to replace it with a tree or collection expenses that are made necessary by shrub of similar type and of a size that is normally the loss;and other reasonable expenses you incur considered to be reasonable and practical to to re-establish your accounts receivable. If you transplant,regardless of whether the tree or shrub are unable to establish the amount of accounts is replaced or not. receivable outstanding at the time of the loss, we will use the average monthly amounts of accounts (b) For a tree or shrub that is damaged but not receivable for the 12 months immediately destroyed,LMCIT will pay the actual cost of any preceding the month in which the loss occurs, service, treatment, or repair that is actually adjusting to reflect the normal business during the performed. loss month. But, we will not pay more than the actual cost to (4) Fine arts: replace it with a tree or shrub of similar type and of a size that is normally considered to be For fine arts which are destroyed,LMCIT will pay reasonable and practical to transplant. the fair market value, regardless of whether the covered property is replaced or not. (8) Business personal effects: (5) Mobile property: Notwithstanding the provisions of paragraph 11. of the Common Conditions,LMCIT coverage for For mobile property that is damaged or destroyed, business personal effects is primary with respect LMCIT will not pay for more than the amount you " to any coverage provided under the employee's •actually spent to repair or replace the damaged homeowner's insurance or similar coverage. mobile property;or 200%of the fair market value of the damaged property,whichever is less. LMCIT MPCB(11-99)(Rev.11-02) Page 10 of 20 c. LOSS OF REVENUE, EXTRA EXPENSE or expediting expense to the extent you can AND EXPEDITING EXPENSE PROVISIONS resume your operations', in whole or in part, by using damaged or undamaged property(including • (1) The amount of loss of revenue loss LMCIT will merchandise or stock)at the described location or pay,will be determined based on: elsewhere. (a) The gross revenue of the city before the direct (b) Extra expense or expediting expense loss to physical loss or damage occurred; the extent you can return your operations to normal and discontinue such extra expense or (b) The likely gross revenue of the city if no expediting expense. physical loss or damage had occurred; However, if you do not resume operations, or do (c) The operating expenses, including payroll not resume operations as quickly as possible, we expenses,necessary to resume operations with the will pay based on the length of time it would have same quality of service that existed just before the taken to resume operations as quickly as possible. direct physical loss or damage; and d. APPRAISAL AND ARBITRATION (d) Other relevant sources of information, including: Either party may make a written demand for arbitration if the city and LMCIT disagree on any of i) Your financial records and accounting the following: procedures; (1) The fair market value of covered property prior to ii) Bills, invoices and other vouchers; and the loss or damage; iii) Deeds, liens or contracts. (2) The fair market value of covered property after • the loss or damage; (2) The amount of extra expense loss LMCIT will pay will be determined based on: (3) The fair market value of covered property after repair; or (a) All expenses that exceed the normal operating expenses that would have been incurred by (4) The estimated cost to repair the covered property. operations during the period of recovery if no direct physical loss or damage had occurred. We In this event, each party will select a competent will deduct from the total of such expenses: and impartial person. Each appointee shall be a professional appraiser or other person with i) The salvage value that remains of any appropriate professional expertise. The two property bought for temporary use during the appointees will select an umpire. If they cannot period of recovery once operations are agree, either may request that selection be made resumed; by a judge of a court having jurisdiction. The two appointees will each separately state their ii) Any extra expense that is paid for by other respective estimates of the value or cost which is insurance,except for insurance that is written in question. If they fail to agree,they will submit subject to the same plan,terms and conditions their differences to the umpire. A decision agreed and provisions as this insurance; and to by any two will be binding. (b) All necessary expenses that reduce the Each party will: business income loss that otherwise would have been incurred. (a) Pay the cost of its own appointee; and • (3) We will reduce the amount of your: (b) Share equally the expense of the umpire and any other expenses related to the arbitration (a) Loss of revenue loss,other than extra expense process. LMCIT MPCB(11-99)(Rev.11-02) Page 11 of 20 SECTION VII - DEFINITIONS 1. Accounts receivable means: (3) Addition to the city's existing building. • a. All amounts due from your customers that you (4) Builders risk property also includes: are unable to collect and there is a loss; (a) Foundation of the building or structure in b. Interest charges on any loan required to offset the course of construction or an addition to the amounts you are unable to collect pending our city's existing building; payment of these accounts; (b) Materials, equipment, and supplies used c. Collection expenses in excess of your normal for construction,alteration or repair,provided collection expenses that are made necessary by such property is intended to be permanently in the loss; and or on the builders risk property; and d. Other reasonable expenses that you incur to re- (c) Temporary structures built or assembled establish your records of accounts receivable. on location, including cribbing, scaffolding and construction forms used in the course of e. Accounts receivable does not include: construction or alterations or repair of the builders risk property. (1) The amount of the accounts that you are able to re-establish or collect; 5. Building means the building or structure including: (2) An amount to allow for probable bad debts a. Completed additions; that you are normally unable to collect; and b. Permanently installed fixtures, machinery and • (3) All unearned interest and service charges. equipment; 2. Automobile means a land motor vehicle, trailer or c. Outdoor fixtures; semi-trailer designed for travel on public roads. d. Contents owned by you that are used to 3. Blanket means the limit of coverage can be applied maintain or service the building or structure or its individually to any of the following: premises, including: a. Any building/contents,property in the open,or (1) Fire extinguishing equipment; builders risk property described in the Schedule of Covered Property; or (2) Outdoor furniture; b. Any mobile property listed on the Schedule of (3) Floor coverings; and Mobile Property; or (4) Appliances used for refrigerating, c. Any mobile property if identified as covered on ventilating,cooking,dishwashing or laundering; the Schedule of Mobile Property. or 4. Builders risk property means: 6. Building/contents, as described in the Schedule of Covered Property,means the following: (1) Building or structure in the course of construction; a. Building; or (2) Alterations or repair of the city's existing b. Contents. 411 building;or LMCIT MPCB(11-99)(Rev. 11-02) Page 12 of 20 7. Business personal effects means personal property open (or in a vehicle) within 100 feet of the of your employees that is used to maintain the described building,consisting of the following: • operations of the city. a. Furniture and fixtures; 8. City means governmental body or entity first named in the Declarations. For purposes of this b. Machinery and equipment; coverage, city includes relief associations. c. Stock; Unless specifically named in the Declarations,city shall not include: d. All other contents owned by you and used in your municipal operations; a. Gas, electrical, or steam utilities commission; e. Labor, materials or services furnished or b. Port authority, housing and redevelopment arranged by you on contents of others; authority,economic development authority,area or municipal redevelopment authority, or similar f. Your use interest as tenant in improvements agency; and betterments. Improvements and betterments are fixtures,alterations,installations or additions: c. Municipal power agency; (1) Made a part of the building or structure d. Municipal gas agency; you occupy but do not own; and e. Hospital or nursing home board or commission; (2) You acquired or made at your expense but cannot legally remove. f. Airport commission; • g. Welfare or public relief agency; g. Contents of others that are in your care, custody and control. h. School board; or However, our payment for loss or damage to contents will be for the account of the owner of i. Joint powers entity. the property. 9. Computer equipment, data and media means a h. Trees and shrubs; network of machine components capable of accepting information, processing it according to i. Accounts receivable; plan and producing the desired results. It includes: j. Computer equipment data or media; a. Air conditioning,fire protection equipment and electrical equipment used exclusively in your k. Valuable papers and records; computer operations; 1. Personal effects; or b. Facts,concepts or instructions in a form usable m.Fine arts. for communications; But,contents does not mean mobile property. c. Interpretation or processing by automatic means; or 11. Employee means: d. Com p uter programs and materials on which the a. A person whom you com p ensate directly by data is recorded. salary,wages or commissions,and who you have • the right to direct or control while performing 10. Contents means property located in or on the duties for you; building described in the Declarations or in the LMCIT MPCB(11-99)(Rev.11-02) Page 13 of 20 b. Member of the city council; locations, including: c. Member of a city board, commission, or (a) Relocation expenses; and • committee which is not excluded by the definition of city; (b) Costs to equip and operate the replacement or temporary locations. d. Elected or appointed official of the city; b. Extra expense to minimize the suspension of e. Volunteer person or organization while acting business if you cannot continue operations. on behalf of the city and subject to the city's direction and control; c. Extra expense to: f. Other authorized person or agent of the city (1) Repair or replace any covered property;or while acting on behalf of the city, but excludes independent contractors; (2) Research, replace or restore the lost information on damaged valuable papers and g. City relief association members, officers, and records; employees; or to the extent it reduces the amount of loss that h. Any natural person employed by an otherwise would have been payable under this employment contractor while that person is covenant. subject to your direction and control and performing services for you excluding,however, 14. Fine arts means property or articles of artistic or any such person while having care and custody of historical value including paintings, etchings, property outside the premises. pictures, tapestries, statuary, marbles, bronzes, porcelain,rare glass,antique silver,china,books fb But employee does not mean any agent, broker, and manuscripts,rugs and similar articles. factor, commission merchant, consignee, independent contractor or representative of the 15. Golf course property means bridges, paved same general character. roadways, paved cart paths and other paved surfaces, shelters, restrooms, ball washers, 12. Expediting expense means the reasonable extra screens, flags, markers, signs, tees, fairways and cost of temporary repair and expediting the repair greens. of damaged covered property, overtime and express freight or other rapid means of 16. Joint powers entity means an operating entity transportation. created by two or more governmental units entering into an agreement as provided by statute 13. Extra expense means the excess total cost for the joint exercise of governmental powers.An necessarily incurred to continue your operations intergovernmental agreement will be deemed to as reasonably as practicable during the period of create a joint powers entity if the agreement recovery that is over and above the cost that establishes a board with the effective power to do would normally have been incurred to conduct the any of the following, regardless of whether the operations during the same period had no loss or specific consent of the constituent governmental damage occurred. It includes: units may also be required: a. Extra expense to avoid or minimize the a. To receive and expend funds; suspension of business and to continue operations: b. To enter into contracts; (1) At the described location; or c. To hire employees; • (2) At a replacement location or at temporary d. To purchase or otherwise acquire or hold real LMCTT MPCB(11-99)(Rev. 11-02) Page 14 of 20 or personal property; or period constitutes an accident or event as a single occurrence. • e. To sue or be sued. 23. Operations means: 17. LMCIT means the League of Minnesota Cities Insurance Trust. a. Your city activities occurring at the described location;or 18. Location means: b. The tenantability of the described location. a. The site of any covered building/contents, property in the open,or builders risk property;or 24. Our means the League of Minnesota Cities Insurance Trust. b. The site of any covered newly acquired or constructed building/contents or property in the 25. Period of recovery means the period of time that: open; a. Begins immediately after the time of direct 19. Loss of revenue means gross revenue, including physical loss or damage to covered property. rental value,less charges and expenses that do not necessarily continue. b. Ends on the earlier of: 20. Mobile property means: (1) The date covered property is actually repaired,rebuilt or replaced and operations are a. Machinery or equipment designed for use resumed; and your operations would generate principally off public roads; the loss of revenue amount that would have existed if no direct physical or damage had • b. Police dogs; occurred; or c. Vehicles maintained for use solely on or next (2) 60 consecutive days after the date when to locations owned or rented by you and not the covered property is actually repaired, licensed for highway use; rebuilt or replaced and operations are resumed. d. Vehicles and its equipment whether self- However,the expiration date of the covenant will propelled or not,maintained primarily to provide not cut short the period of recovery. mobility to permanently mounted equipment; 26. Personal effects means personal property of your e. Tools; employees, other than business personal effects. f. Business personal effects; or 27. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant,including smoke, g. Mobile property in your care, custody and vapor, soot, fumes, acids, alkalis, chemicals and control. waste. Waste includes materials to be recycled, reconditioned or reclaimed. 21. Newly acquired or constructed means that the city has acquired or taken possession of the property 28. Property in the open means: during the current covenant period. a. Equipment such as,but not limited to,benches, 22. Occurrence means an accident or event that fences,light poles,playground equipment,statues, causes a direct physical loss or damage to covered scoreboards,traffic signals or signs that are in the property. Any continuous accident or event that open and are not part of a building; or • causes more than one direct physical loss or damage to covered property during a 72 hour b. Golf course property. LMCIT MPCB(11-99)(Rev.11-02) Page 15 of 20 29. Rental value means the sum of: 32. Us means the League of Minnesota Cities Insurance Trust. • a. The total anticipated gross rental income from tenant occupancy of the covered property as 33. Utility service property means any of the furnished and equipped by you; and following types of property supplying water, communication service or power to covered b. The amount of all continuing charges that are property: the legal obligation of the tenant and that would otherwise be your obligation; and a. Pumping stations or water mains supplying water; c. The fair rental value of any portion of the covered property that you occupy. b. Equipment supplying communication services; or 30. Specified causes of loss means fire; lightning; explosion; windstorm or hail; smoke; aircraft or c. Utility generation plants, switching plants, vehicles; riot or civil commotion; vandalism; substations,transformers, and transmission lines leakage discharge from fire extinguishing supplying electricity, steam or gas. equipment; sinkhole collapse; volcanic action; falling objects; weight of snow, ice or sleet; or 34. Vacant property means: water damage: a. Property owned by the city is deemed to be a. Sinkhole collapse means the sudden sinking or vacant property if for a period of 60 consecutive collapse of land into underground empty spaces days less than 31%of the building's total square created by the action of water on limestone or footage is either used by the city for customary dolomite. This cause of loss does not include: operations or is Ieased out. (1) The cost of filling sinkholes; or b. Property rented or leased to the city is deemed ill to be vacant property if for a period of 60 (2) Sinking or collapse of land into man-made consecutive days the property does not contain underground cavities. enough contents to conduct customary operations. b. Falling object does not include loss or damage However,builders risk property is not considered to: vacant property. (1) Property in the open; or 35. Valuable papers and records means inscribed, printed or written documents, manuscripts or (2) The interior of a building or structure, or records, including abstracts, books, deeds, property inside a building or structure, unless drawings, films,maps and mortgages. the roof or an outside wall of the building or structure is first damaged by a falling object. But valuable papers and records does not mean money or securities, converted data,programs or c. Water damage means accidental discharge or instructions used in your data processing leakage of water or steam from any part of a operations, including the materials on which the system or appliance containing water or steam. data is recorded. 31. Stock means merchandise held in storage or for 36. We means the League of Minnesota Cities sale, raw materials and in process or finished Insurance Trust. goods,including supplies used in their packing or shipping. 37. You means the city shown in the Declarations. 38. Your means the city shown in the Declarations. LMCIT MPCB(11-99)(Rev.11-02) Page 16 of 20 SECTION VIII - CONDITIONS 1. CONTROL OF PROPERTY (1) The United States of America (including its territories and possessions); Any act or neglect of any person other than you beyond your direction or control will not affect this (2) Puerto Rico; and coverage. (3) Canada. The breach of any condition of this coverage part at any one or more locations will not affect coverage at 6. LOSS CONDITIONS any location where,at the time of loss or damage,the breach of condition does not exist. a. Abandonment: 2. COVERAGE UNDER TWO OR MORE You cannot abandon your property to us. COVERAGES b. Duties in the event of loss or damage: If two or more of this covenant's coverages apply to the same loss or damage, we will not pay more than You must see that the following are done in the the actual amount of the loss or damage. event of loss or damage to covered property: 3. LEGAL ACTION AGAINST US (1) Notify the police if a law may have been broken. No one may bring legal action against us under this coverage part unless: (2) Give us prompt notice of the loss or damage. Include a description of the property involved. a. There has been full compliance with all of the (3) As soon as possible, give us a description of terms of the coverage part; and how, when and where the loss or damage b. The action is brought within 2 years after the date occurred. on which the direct physical loss or damage (4) Take all reasonable steps to protect the occurred. covered property from further damage. If 4. NO BENEFIT TO BAILEE feasible, set the damaged property aside and in the best possible order for examination. Also keep record of your expenses,for consideration in No person or organization, other than you, having the settlement of the claim. custody of covered property will benefit from this coverage. (5) At our request, give us complete inventories of the damaged and undamaged property.Include 5. COVERAGE PERIOD, COVERAGE quantities,costs,values,and amount claim of loss TERRITORY demand. Under this coverage part: (6) Permit us to inspect the property and records proving the loss or damage. a. We cover loss or damage commencing: (7) If requested,permit us to question you under (1) During the coverage period shown in the oath at such times as may be reasonably required Declarations; and about any matter relating to this covenant or your claim,including your books and records. In such (2) Within the coverage territory. event,your answers must be signed. b. The coverage territory is: (8) Send us a signed, sworn statement of loss LMCIT MPCB(11-99)(Rev. I 1-02) Page 17 of 20 containing the information we request to settle the d. You will pay us additional premium if the claim. You must do this within 60 days after our following property is added during the covenant request. We will supply you with the necessary period: • forms. (1) Building/contents or property in the open (9) Cooperate with us in the investigation or with a replacement cost value of greater than settlement of the claim. $5,000,000; c. Loss Payment: (2) Mobile property with a replacement cost value of greater than$250,000; (1) We will give notice of our intentions within 30 days after we receive the sworn statement of loss. (3) Builders risk property with a project cost of greater than$2,000,000; or (2) We may adjust losses with the owners of lost or damaged property if other than you. If we pay (4) Additional covered loss or damage limits, or the owners,such payments will satisfyyour claims property sublimits. against us for the owners' property. We will not pay the owners more than their financial interest in e. We will return premium to you if the following the covered property. property is deleted during the covenant period: d. Recovered Property: (1) Building/contents or property in the open with a replacement cost value of greater than If either you or we recover any property after loss $5,000,000; settlement,that party must give the other prompt notice. At your option, the property will be (2) Mobile property with a replacement cost returned to you. You must then return to us the value of greater than$250,000; amount we paid to you for the property. We will • pay recovery expenses and the expenses to repair (3) Builders risk property with a project cost of the recovered property, subject to the amount greater than$2,000,000; or applying under this covenant. (4) Additional covered loss or damage limits,or 7. PREMIUMS AND PREMIUM property sublimits. ADJUSTMENTS 8. CANCELLATION a. You agree to furnish us with a schedule of buildings/contents, property in the open and a. You may cancel Part One of this covenant. You mobile property valued at greater than $25,000, must mail or deliver not fewer than 30 days and builders risk property prior to the beginning advance written notice to us stating when the of each covenant period. cancellation is to take effect. b. These schedules must include all buildings/ b. We may cancel Part One of this covenant. We contents,property in the open and mobile property must mail or deliver to you not fewer than 30 valued at greater than $25,000, and builders risk days advance written notice stating when the property that was covered by your prior covenant cancellation is to take effect. Mailing that notice but was not described in the prior covenant's to you at your mailing address shown in the Schedule of Covered Property or Schedule of Declarations will be sufficient to prove notice. Covered Mobile Property. However, we may cancel with 10 days written notice for nonpayment of premium. c. The initial annual premiums will be based upon these schedules and the appropriate replacement c. The covenant period will end on the day and hour • cost values. stated in the cancellation notice. LMCIT MPCB(11-99)(Rev.11-02) Page 18 of 20 d. If Part One of this covenant is canceled, we will amount of the mortgage holder's claim will not be send you any premium refund due. If we cancel, impaired. At our option, we may pay to the • the refund will be pro rata. If you cancel, the mortgage holder the whole principal on the refund may be less than pro rata, computed in mortgage plus any accrued interest. In this event, accordance with our current cancellation rules. your mortgage and note will be transferred to us The cancellation will be effective even if we have and you will pay your remaining mortgage debt to not made or offered a refund. us. 9. MORTGAGE HOLDERS f. If we cancel this covenant, we will give written notice to the mortgage holder at least: a. The term mortgage holder includes trustee. (1) 10 days before the effective date of b. We will pay for covered loss of or damage to cancellation if we cancel for your nonpayment of buildings or structures to each mortgage holder premium; or shown in the Declarations in their order of precedence,as interests may appear. (2) 30 days before the effective date of cancellation if we cancel for any other reason. c. The mortgage holder has the right to receive loss payment even if the mortgage holder has started g. If we do not renew this covenant, we will give foreclosure or similar action on the building or written notice to the mortgage holder at least 10 structure. days before the expiration date of this covenant. d. If we deny your claim because of your acts or 10. TRANSFER OF RIGHTS OF because you have failed to comply with the terms RECOVERY AGAINST OTHERS TO US of this coverage part,the mortgage holder will still have the right to receive loss payment if the If any person or organization to or for whom we • mortgage holder: make payment under this coverage part has rights to recover damages from another, those rights are (1) Pays any premium due under this coverage transferred to us to the extent of our payment. That part at our request if you have failed to do so; person or organization must do everything necessary to secure our rights and must do nothing after loss to (2) Submits a signed, sworn proof of loss within impair them. But you may waive your rights against 60 days after receiving notice from us of your another party in writing: failure to do so; and a. Prior to a loss to your covered property or loss of (3) Has notified us of any change in ownership, revenue. occupancy or substantial change in risk known to the mortgage holder. b. After a loss to your covered property or loss of revenue,only if at time of loss that party is one of All of the terms of this coverage part will then the following: apply to the mortgage holder. e. If we pay the mortgage holder for any loss or (1) Someone insured by this covenant; damage and deny payment to you because of your (2) A business firm: acts or because you have failed to comply with the terms of this coverage part: (a) Owned or controlled by you; or (1) The mortgage holder's rights under the (b) That owns or controls you; or mortgage will be transferred to us to the extent of • the amount we pay; and (c) Your tenant. (2) The mortgage holder's right to recover the full This will not restrict your covenant. LMCIT MPCB(11-99)(Rev.11-02) Page 19 of 20 11. DEDUCTIBLES Coverage will not be reduced by the Deductible amount. a. The Limits of Coverage shown in the Declarations • apply to the amount of loss or damages in excess b. LMCIT shall be liable to the city or to others on of the Municipal Property Deductible shown in the behalf of the city only to the amount of loss or Municipal Property, Crime,Bond and Equipment damages in excess of any deductible amounts. Breakdown Declarations or the General Annual Aggregate Deductible, if any, shown in the We will then pay the amount of loss up to the Common Coverage Declarations,and the Limits of applicable limit of coverage. • • LMCIT MPCB(11-99)(Rev. 11-02) Page 20 of 20 • LMC League of Minnesota Cities Cities promoting excellence J MUNICIPAL CRIME COVERAGE • PART TWO LMCIT MPCB(11-99)(Rev. 11-02) MUNICIPAL PROPERTY, CRIME AND BOND COVERAGE . WHAT IT IS AND WHERE YOU CAN FIND IT INDEX CRIME COVERAGE - PART TWO LMC League of Minnesota Cities Cities promoting excellence PAGE SECTION I - COVERAGE AGREEMENT 1 SECTION II - CAUSES OF LOSS AND DAMAGES NOT COVERED 1-2 SECTION III -LIMITS OF COVERAGE 2 SECTION IV-DEFINITIONS 2-4 SECTION V- CONDITIONS 4-6 • • LMCIT MPCB(11-99)(Rev. 11-02) ii MUNICIPAL CRIME COVERAGE • PART TWO Various provisions in this covenant restrict coverage. Words and phrases that appear in italics have special Read the entire covenant carefully to determine rights, meaning, as given in SECTION IV-DEFINITIONS. duties and what is or is not covered. SECTION I - COVERAGE AGREEMENT li 1. THEFT, DISAPPEARANCE, AND We will pay for loss of money and securities resulting DESTRUCTION-INSIDE THE PREMISES directly from the theft, disappearance, or destruction outside the premises in the care, custody and control We will pay for loss of money and securities resulting of a messenger or an armored motor vehicle. directly from theft, disappearance, or destruction inside the premises or banking premises. 3. FORGERY OR ALTERATION We will pay the loss of,and loss from damage to, the We will pay for loss involving instruments o a went py g py g fPy property that contains the money and securities; and resulting directly from the forgery or alteration of,on loss from damage to the premises resulting directly or in any instruments of payment. from the theft or attempted theft. If you are sued for refusing to pay any instrument of 2. THEFT, DISAPPEARANCE, AND payment, we will pay any reasonable legal expenses DESTRUCTION - OUTSIDE THE thatyou incur and pay in that defense.The amount we PREMISES pay will be in addition to the applicable limit of • coverage. SECTION II - CAUSES OF LOSS AND DAMAGES NOT COVERED We will not pay for loss or damages as specified 4. GOVERNMENTAL ACTION below: Loss resulting from seizure or destruction of property 1. ACCOUNTING OR ARITHMETICAL by order of governmental authority. ERRORS OR OMISSIONS 5. INDIRECT LOSS Loss resulting from accounting or arithmetical errors and omissions. Loss that is an indirect result of any act or occurrence covered by this covenant including,but not limited to, 2. ACTS OF EMPLOYEES loss resulting from: Loss resulting from any dishonest or criminal act a. Your inability to realize income that you would committed by any of your employees: have realized had there been no loss of, or loss from damage to, money and securities; or a. Acting alone or in collusion with other persons; or instruments of payn2ent. b. While performing services for you or otherwise. b. Payment of damages of any type for which you are legally liable. 3. FIRE But, we will pay compensatory damages arising • Loss or damage to the premises resulting from fire, directly from a loss covered under this covenant. however caused. LMCIT MPCB 11-99 Rev. 11-02) Page 1 of 6 c. Payment of costs,fees,or other expenses you incur malicious mischief. in establishing either the existence or the amount of loss under this covenant. 9. WAR 6. LEGAL EXPENSES Loss resulting from: Expenses related to any legal action. a. War, including undeclared or civil war; 7. NUCLEAR HAZARD b. Warlike action by a military force,including action in hindering or defending against an actual or Loss resulting from nuclear reaction or radiation, or expected attack, by any government, sovereign or radioactive contamination,however caused. other authority using military personnel or other agents; or 8. VANDALISM c. Insurrection,rebellion,revolution,usurped power, Loss from damage to the premises or its exterior or to or action taken by governmental authority in containers of money and securities by vandalism or hindering or defending against any of these. SECTION III - LIMITS OF COVERAGE 1. The most we will pay in any one occurrence is the unless the amount of loss exceeds the Deductible applicable limit of coverage shown in the amount shown in the Declarations. We will then Declarations. pay the amount of loss in excess of the Deductible amount, up to the limit of coverage. 2. We will not pay for loss in any one occurrence • SECTION IV - DEFINITIONS 1. Banking premises means the interior of that portion f. Welfare or ;ublic relief agency; p g Y of any building occupied by a banking institution or similar safe depository. g. School board; 2. City means the governmental body or entity first h. Airport commission; or named in the Declarations. F r n o purposes of this coverage,city includes relief associations. Unless i. Joint powers entity. specifically named in the Declarations, city shall not include: 3. Employee means: a. Gas, electrical,or steam utilities commission; a. A person whom you compensate directly by salary, wages or commissions and who you have b. Port authority, housing and redevelopment the right to direct or control while performing authority,economic development authority,area or duties for you; municipal redevelopment authority, or similar agency; b. Member of the city council; c. Municipal power agency; c. Member of a city board, commission, or committee which is not excluded by the definition d. Municipal gas agency; of city; i e. Hospital or nursing home board or commission; d. Elected or appointed official of the city; `� LMCIT MPCB(11-99)(Rev.11-02) Page 2 of 6 e. Volunteer person or organization while acting e. To sue or be sued. on behalf of the city and subject to the city's direction and control; 6. LMCIT means the League of Minnesota Cities • Insurance Trust. f. Other authorized person or agent of the city while acting on behalf of the city, but excludes 7. Messenger means you, or any of your employees, independent contractors; while having care and custody of the money and securities outside the premises. g. City relief association members, officers, and employees; or 8. Money means: h. Any natural person employed by an employment a. Currency, coins, and bank notes in current use contractor while that person is subject to your and having a face value; and direction and control and performing services for you, excluding, however, any such person while b. Travelers checks, register checks and money having care and custody of property outside the orders held for sale to the public. premises. 9. Occurrence means: But employee does not mean any agent, broker, factor, commission merchant, consignee, a. With respect to SECTION I - COVERAGE independent contractor or representative of the AGREEMENT, 1. and 2.: same general character. (1) Act or series of related acts involving one or 4. Instruments of payment means checks, drafts, more persons; or promissory notes or similar written promises, orders or directions to pay a sum certain in money, (2) Act or event, or series of related acts or 411 that are: events not involving any person. a. Made or drawn by or drawn upon you; or b. With respect to SECTION I - COVERAGE AGREEMENT,3.,all loss caused by any person or b. Made or drawn by one acting as your agent; or in which that person is involved,whether the loss that are purported to have been so made or drawn. involves one or more instruments of payment. 5. Joint powers entity means an operating entity The date of the occurrence is the date on which the created by two or more governmental units entering act,event or loss is alleged to have taken place. If into an agreement as provided by statute for the the loss or damages are alleged to have arisen from joint exercise of governmental powers. An a series of acts or events,the date of occurrence is intergovernmental agreement will be deemed to deemed to be the date when the first such wrongful create a joint powers entity if the agreement act or event took place or is alleged to have taken establishes a board with the effective power to do place. any of the following, regardless of whether the specific consent of the constituent governmental 10. Our means the League of Minnesota Cities units may also be required: Insurance Trust. a. To receive and expend funds; 11. Premises means the interior of that portion of any building you occupy in conducting your business. b. To enter into contracts; 12. Securities means negotiable and nonnegotiable c. To hire employees; instruments or contracts representing either money • or other property and includes: d. To purchase or otherwise acquire and hold real or personal property; or a. Tokens, tickets, revenue and other stamps LMC1T MPCB(11-99)(Rev.11-02) Page 3 of 6 4 (whether represented by actual stamps or unused 14. Us means the League of Minnesota Cities value in a meter)in current use; and Insurance Trust. b. Evidences of debt issued in connection with 15. We means the League of Minnesota Cities credit or charge cards,which cards are not issued Insurance Trust. by you; 16. You means the city shown in the Declarations. but does not include money. 17. Your means the city shown in the Declarations. 13. Theft means any act of stealing. SECTION V - CONDITIONS 1. COVENANT PERIOD 4. INTERESTS COVERED a. The covenant period is shown in the Declarations. Coverage provided by this covenant is limited to money and securities;and instruments ofpayment;and b. Subject to the loss sustained during prior insurance damages to property or premises, as described under condition,we will pay only for loss that you sustain SECTION I-COVERAGE AGREEMENT, 1.,that: through acts committed or events occurring during the covenant period. a. You own or hold; or 2. DISCOVERY PERIOD FOR LOSS b. For which you are legally liable. We will pay only for covered loss discovered no later However, this covenant is for your benefit only. It than one year from the end of the covenant period. provides no rights or benefits to any other person or sp organization. 3. DUTIES IN THE EVENT OF LOSS 5. LEGAL ACTION AGAINST US After you discover a loss or a situation that may result in loss of, or loss from damage to, money and You may not bring any legal action against us securities; or instruments of payment,you must: involving loss: a. Notify us as soon as possible. a. Unless you have complied with all the terms of this covenant; and b. Submit to examination under oath at our request b. Until 90 days after you have filed proof of loss and give us a signed statement of your answers. with us; and c. Give us a detailed, sworn proof of loss within 120 c. Unless brought within 2 years from the date you days. If the loss was due to forgery or alteration, discover the loss. you must include with your proof of loss any instrument involved in that loss; or if that is not 6. LOSS COVERED UNDER MORE THAN possible,you must give us an affidavit setting forth ONE COVERAGE OF THIS COVENANT the amount and cause of loss. If two or more coverages of this covenant apply to the d. Cooperate with us in the investigation and same loss, we will pay the lesser of: settlement of any claim. a. The actual amount of loss; or e. If you have reason to believe that any loss of, or loss from damage to,money or securities involves b. The sum of the limits of coverage applicable to that • a violation of law,you must notify the police. loss. LMCIT MPCB(11-99)(Rev.11-02) Page 4 of 6 7. LOSS COVERED UNDER THIS 10. OTHER INSURANCE COVENANT AND PRIOR COVENANT • ISSUED BY Us This covenant does not apply to loss recoverable or recovered under other insurance or indemnity. If any loss is covered: However, if the limit of the other insurance or a. Partly by this covenant; and indemnity is insufficient to cover the entire amount of the loss, this covenant will apply to that part of the b. Partly by the prior canceled or terminated covenant loss, other than that falling within any Deductible that we had issued to you or any predecessor in amount,not recoverable or recovered under the other interest, the most we will pay is the larger of the insurance or indemnity. However, this covenant will amount recoverable under this covenant or the not apply to the amount of loss that is more than the prior covenant. applicable limit of coverage shown in the Declarations. 8. LOSS SUSTAINED DURING PRIOR INSURANCE 11. RECORDS a. If you or any predecessor in interest sustained loss You must keep records of all money and securities; during the period of any prior insurance that you or and instruments of payment, so we can verify the the predecessor in interest could have recovered amount of any loss. under that insurance, except that the time within which to discover loss had expired,we will pay for 12. RECOVERIES it under this covenant provided: a. Any recoveries, less the cost of obtaining them, (1) This covenant became effective at the time of made after settlement of loss covered by this cancellation or termination of the prior insurance; covenant,will be distributed as follows: and (1) To you, until you are reimbursed for any loss (2) The loss would have been covered by this that you sustain that exceeds the limit of coverage covenant had it been in effect when the acts or and the Deductible amount,if any; events causing the loss were committed or occurred. (2) Then to us until we are reimbursed for the settlement made; b. The coverage under this condition is part of,not in (3) Then to you until you are reimbursed for that addition to,the limits of coverage applying to this part of the loss equal to the Deductible amount,if covenant and is limited to the lesser of the amount any. recoverable under: b. Recoveries do not include any recovery: (1) This covenant as of its effective date; or (1) From insurance, suretyship, reinsurance, (2) The prior insurance had it remained in effect. security or indemnity taken for our benefit; or 9. NON-CUMULATION OF LIMIT OF (2) Of original securities after duplicates of them COVERAGE have been issued. Regardless of the number of years this covenant 13. TERRITORY remains in force or the number of premiums paid,no limit of coverage cumulates from year to year or a. This covenant covers theft, disappearance, or period to period. destruction of money or securities only from acts • committed or events occurring within the United LMCIT MPCB(11-99)(Rev. 11-02) Page 5 of 6 States of America, U.S. Virgin Islands, Puerto the bond as would be charged for a bond Rico, Canal Zone, or Canada, and while having a penalty not exceeding the lesser of temporarily outside this territory for a period ofnot the: more than 90 days. i) Value of the securities at the close of b. This covenant covers loss you sustain from forgery business on the day the loss was or alteration anywhere in the world. discovered; or 14. TRANSFER OF YOUR RIGHTS OF ii)Limit of coverage. RECOVERY AGAINST OTHERS TO US (3) Loss from damages to property or premises, as You must transfer to us all your rights of recovery described under SECTION I - COVERAGE against any person or organization for any loss you AGREEMENT, 1., for not more than the: sustained and for which we have paid or settled. You must also do everything necessary to secure those (a) Actual cash value of the property on the rights and do nothing after loss to impair them. day the loss was discovered; 15. VALUATION-SETTLEMENT (b) Cost of repairing the property or premises; or a. Subject to the applicable limit of coverage provision,we will pay for: (c) Cost of replacing the property with property of like kind and quality. (1) Loss of money,but only up to and including its face value. We may,at our option,pay for loss of We may,at our option,pay the actual cash value of money issued by any country other than the United the property or repair or replace it. States of America: If we cannot agree with you upon the actual cash • (a) At face value in the money issued by that value or the cost of repair or replacement,the value country; or or cost will be determined by arbitration. (b) In the United States of America dollar b. We may,at our option,pay for loss of,or loss from equivalent determined by the rate of exchange damage to,property other than money: on the day the loss was discovered. (1) In the money of the country in which the loss (2) Loss of securities,but only up to and including occurred; or their value at the close of business on the day the loss was discovered,we may,at our option: (2) In the United States of America dollar equivalent of the money of the country in which the (a) Pay the value of such securities or replace loss occurred determined by the rate of exchange them in kind, in which event you must assign on the day the loss was discovered. to us all your rights,title and interest in and to those securities; c. Any property that we pay for or replace becomes our property. (b) Pay the cost of any Lost Securities Bond required in connection with issuing duplicates 16. FACSIMILE SIGNATURES: of the securities. However, we will be liable only for the payment of so much of the cost of We will treat mechanically reproduced facsimile signatures the same as handwritten signatures. • LMCIT MPCB(11-99)(Rev.11-02) Page 6 of 6 • LMC League of Minnesota Cities Cities promoting excellence MUNICIPAL BOND COVERAGE PART THREE • • LMCIT MPCB(11-99)(Rev.11-02) MUNICIPAL PROPERTY, CRIME AND BOND COVERAGE • WHAT IT IS AND WHERE YOU CAN FIND IT INDEX rL---\"\-7 BOND COVERAGE - PART THREE L MC League of Minnesota Cities Cities promoting excellence J PAGE SECTION I - COVERAGE AGREEMENT 1 SECTION II- CAUSES OF LOSS AND DAMAGES NOT COVERED 1 SECTION III- LIMITS OF COVERAGE 2 SECTION IV -DEFINITIONS 2-3 SECTION V- CONDITIONS 3-6 • • LMCIT MPCB(11-99)(Rev.11-02) iii • MUNICIPAL BOND COVERAGE • PART THREE Various provisions in this covenant restrict coverage. Words and phrases that appear in italics have special Read the entire covenant carefully to determine rights, meaning,as given in SECTION IV -DEFINITIONS. duties and what is or is not covered. SECTION I - COVERAGE AGREEMENT We will pay for loss as provided by each coverage Declarations or endorsement,the following causes of form that is designated in the Declarations. loss and damages not covered, limits of coverage, definitions,and conditions,apply to all bond coverage Unless stated otherwise in any bond coverage form, forms forming part of this covenant. SECTION II - CAUSES OF LOSS AND DAMAGES NOT COVERED We will not pay for loss damages as specified below: b. A profit and loss computation. 1. GOVERNMENTAL ACTION However,where you establish wholly apart from such computations that you have sustained a loss,then you Loss resulting from seizure or destruction of property may offer your inventory records and actual physical by order of governmental authority. count of inventory in support of the amount of loss claimed. • 2. INDIRECT LOSS 4. LEGAL EXPENSES Loss that is an indirect result of any act or occurrence covered by this covenant including,but not limited to, Expenses related to any legal action. loss resulting from: 5. NUCLEAR a. Your inability to realize income that you would have realized had there been no loss as provided by Loss resulting from nuclear reaction or radiation, or each bond coverage form that is designated in the radioactive contamination,however caused. Declarations. 6. WAR b. Payment of damages of any type for which you are legally liable. But, we will pay compensatory Loss resulting from: damages arising directly from a loss covered under this covenant. a. War,including undeclared or civil war; c. Payment of costs,fees or other expenses you incur b. Warlike action by a military force,including action in establishing either the existence or the amount of in hindering or defending against an actual or loss under this covenant. expected attack,by any government, sovereign or other authority using military personnel or other 3. INVENTORY SHORTAGES agents; or Loss,or that part of any loss,the proof of which as to c. Insurrection,rebellion,revolution,usurped power, its existence or amount is dependent upon: or action taken by governmental authority in • hindering or defending against any of these. a. An inventory computation; or LMCIT MPCB(11-99)(Rev. 11-02) Page 1 of 6 SECTION III - LIMITS OF COVERAGE The most we will pay for loss is described in SECTION II, LIMITS OF COVERAGE, of the bond coverage form. • SECTION IV - DEFINITIONS 1. Bond coverage form means the following bond b. Member of the city council; forms: c. Member of a city board, commission, or a. Bond - Employee Dishonesty Coverage Form committee which is not excluded by the definition MPCB 203; and of city; b. Bond - Employee Faithful Performance d. Elected or appointed official of the city; Coverage Form MPCB 204. e. Volunteer person or organization while acting 2. City means the governmental body or entity first on behalf of the city and subject to the city's named in the Declarations. For purposes of this direction and control; coverage,city includes relief associations. Unless specifically named in the Declarations, city shall f. Other authorized person or agent of the city not include: while acting on behalf of the city, but excludes independent contractors; a. Gas, electrical, or steam utilities commission; g. City relief association members, officers, and b. Port authority, housing and redevelopment employees; or authority,economic development authority,area or municipal redevelopment authority, or similar h. Any natural person employed by an employment • agency; contractor while that person is subject to your direction and control and performing services for c. Municipal power agency; you, excluding, however, any such person while having care and custody of property outside the d. Municipal gas agency; premises. e. Hospital or nursing home board or commission; But employee does not mean any agent, broker, factor, commission merchant, consignee, f. Welfare or public relief agency; independent contractor or representative of the same general character. g. School board; 4. Joint powers entity means an operating entity h. Airport commission; or created by two or more governmental units entering into an agreement as provided by statute for the i. Joint powers entity. joint exercise of governmental powers. An intergovernmental agreement will be deemed to 3. Employee means: create a joint powers entity if the agreement establishes a board with the effective power to do a. A person whom you compensate directly by any of the following, regardless of whether the salary, wages or commissions and who you have specific consent of the constituent governmental the right to direct or control while performing units may also be required: duties for you; a. To receive and expend funds; • LMCIT MPCB(11-99)(Rev. 11-02) Page 2 of 6 b. To enter into contracts; 8. Our means the League of Minnesota Cities Insurance Trust. • c. To hire employees; 9. Property other than money and securities means d. To purchase or otherwise acquire and hold real any tangible property that has intrinsic value. or personal property; or 10. Securities means negotiable and nonnegotiable e. To sue or be sued. instruments or contracts representing either money or other property and includes: 5. LMCIT means the League of Minnesota Cities Insurance Trust. a. Tokens, tickets, revenue and other stamps (whether represented by actual stamps or unused 6. Money means: value in a meter) in current use; and a. Currency, coins, and bank notes in current use b. Evidences of debt issued in connection with and having a face value; and credit or charge cards,which cards are not issued by you; b. Travelers checks, register checks and money orders held for sale to the public. but does not include money. 7. Occurrence means all loss caused by an employee, 11. Us means the League of Minnesota Cities whether the result of a single act or series of acts. Insurance Trust. The date of the occurrence is the date on which the 12. We means the League of Minnesota Cities single act is alleged to have taken place. If the loss Insurance Trust. ill or damages are alleged to have arisen from a series of acts,the date of occurrence is deemed to be the 13. You means the city shown in the Declarations. date when the first such wrongful act took place or is alleged to have taken place. 14. Your means the city shown in the Declarations. SECTION V - CONDITIONS 1. CANCELLATION AS TO ANY The mailing of notice to you at the last mailing EMPLOYEE address known to us will be sufficient proof of notice. Delivery of notice is the same as mailing. We reserve the right to cancel the covenant as to any employee: 2. COVENANT PERIOD a. Immediately upon discovery by you or any official a. The covenant period is shown in the Declarations. or employee authorized to manage, govern or control your employee,of any act on the part of an b. Subject to the loss sustained during prior insurance employee whether before or after becoming condition,we will pay only for loss that you sustain employed by you which would constitute a loss through acts committed or events occurring during covered under the terms of this covenant. the covenant period. b. On the date specified in a notice mailed to you. 3. DISCOVERY PERIOD FOR LOSS That date will be at least 30 days after the date of We will pay only for covered loss discovered no later • mailing. than one year from the end of the covenant period. LMCIT MPCB(11-99)(Rev.11-02) Page 3 of 6 4. DUTIES IN THE EVENT OF LOSS 8. LOSS COVERED UNDER THIS COVENANT AND PRIOR COVENANT • After you discover a loss or a situation that may result ISSUED BY US in loss as provided by each bond coverage form that is designated in the Declarations,you must: If any loss is covered: a. Notify us as soon as possible. a. Partly by this covenant,and b. Submit to examination under oath at our request b. Partly by the prior canceled or terminated covenant and give us a signed statement of your answers. that we had issued to you or any predecessor in interest, the most we will pay is the larger of the c. Give us a detailed, sworn proof of loss within 120 amount recoverable under this covenant or the days. prior covenant. d. Cooperate with us in the investigation and 9. LOSS SUSTAINED DURING PRIOR settlement of any claim. INSURANCE 5. INDEPENDENT RIGHT OF RECOVERY a. If you or any predecessor in interest sustained loss during the period of any prior insurance that you or We have an independent right of recovery against any the predecessor in interest could have recovered employee for any loss due to the employee's under that insurance, except that the time within malfeasance,willful neglect of duty or bad faith. which to discover loss had expired,we will pay for it under this covenant provided: 6. LEGAL ACTION AGAINST US (1) This covenant became effective at the time of You may not bring any legal action against us cancellation or termination of the prior insurance, • involving loss: and; a. Unless you have complied with all the terms of this (2) The loss would have been covered by this covenant; and covenant had it been in effect when the acts or events causing the loss were committed or b. Until 90 days after you have filed proof of loss occurred. with us; and b. The coverage under this condition is part of,not in c. Unless brought within 2 years from the date you addition to,the limits of coverage applying to this discover the loss. covenant and is limited to the lesser of the amount recoverable under: 7. LOSS COVERED UNDER MORE THAN ONE COVERAGE OF THIS COVENANT (1) This covenant as of its effective date; or If two or more coverages of this covenant apply to the (2) The prior insurance had it remained in effect. same loss, we will pay the lesser of: 10. NON-CUMULATION OF LIMIT OF a. The actual amount of loss; or COVERAGE b. The sum of the limits of coverage applicable to that Regardless of the number of years this covenant loss. remains in force or the number of premiums paid,no limit of coverage cumulates from year to year or period to period. • LMCIT MPCB(11-99)(Rev.11-02) Page 4 of 6 11. OTHER INSURANCE occurring within the United States of America, U.S. Virgin Islands, Puerto Rico, Canal Zone, or Canada • This covenant does not apply to loss recoverable or and while temporarily outside this territory for a recovered under other insurance or indemnity. period not more than 90 days. However, if the limit of the other insurance or indemnity is insufficient to cover the entire amount of 15. TRANSFER OF YOUR RIGHTS OF the loss, this covenant will apply to that part of the RECOVERY AGAINST OTHERS TO US loss, other than that falling within any Deductible amount,not recoverable or recovered under the other You must transfer to us all your rights of recovery insurance or indemnity. However,this covenant will against any person or organization for any loss you not apply to the amount of loss that is more than the sustained and for which we have paid or settled. You applicable limit of coverage shown in the must also do everything necessary to secure those Declarations. rights and do nothing after loss to impair them. 12. RECORDS 16. VALUATION- SETTLEMENT You must keep records of all money, securities, and a. Subject to the applicable limit of coverage property other than money and securities;and provide provision,we will pay for: any other reasonably obtainable information so we can verify the amount of any loss. (1) Loss of money,but only up to and including its face value. We may, at our option,pay for loss of 13. RECOVERIES money issued by any country other than the United States of America: a. Any recoveries, less the cost of obtaining them, made after settlement of loss covered by this (a) At face value in the money issued by that • covenant,will be distributed as follows: country; or (1) To you, until you are reimbursed for any loss (b) In the United States of America dollar that you sustain that exceeds the limit of coverage equivalent determined by the rate of exchange and the Deductible amount, if any; on the day the loss was discovered. (2) Then to us until we are reimbursed for the (2) Loss of securities,but only up to and including settlement made; their value at the close of business on the day the loss was discovered,we may,at our option: (3) Then to you until you are reimbursed for that part of the loss equal to the Deductible amount,if (a) Pay the value of such securities or replace any. them in kind, in which event you must assign to us all your rights,title and interest in and to b. Recoveries do not include any recovery: those securities; (1) From insurance, suretyship, reinsurance, (b) Pay the cost of any Lost Securities Bond security or indemnity taken for our benefit; or required in connection with issuing duplicates of the securities. (2) Of original securities after duplicates of them have been issued. However, we will be liable only for the payment of so much of the cost of the bond as 14. TERRITORY would be charged for a bond having a penalty not exceeding the lesser of the: • This covenant covers only acts committed or events LMCIT MPCB(11-99)(Rev.11-02) Page 5 of 6 i) Value of the securities at the close of We may,at our option,pay the actual cash value of business on the d ay t he loss w as t h o property o r repair o r replace it. discovered; or • If we cannot agree with you upon the actual cash ii) Limit of coverage. value or the cost of repair or replacement,the value or cost will be determined by arbitration. (c) Loss of, or loss from damage to,property other than money and securities,or loss from b. We may,at our option,pay for loss of,or loss from damage to the premises for not more than the: damage to,property other than money: ey i) Actual cash value of the property on (1) In the money of the country in which the loss the day the loss was discovered; occurred; or ii) Cost of repairing the property or (2) In the United States of America dollar premises; or equivalent of the money of the country in which the loss occurred determined by the rate of exchange iii) Cost of replacing the property with on the day the loss was discovered. property of like kind and quality. c. Any property that we pay for or replace becomes our property. • • LMCIT MPCB(11-99)(Rev. 11-02) Page 6 of 6 PROPERTY IN THE OPEN ENDORSEMENT This Endorsement modifies coverage provided under the Municipal Property Coverage. Loc. # Location Occupancy Property in the Open 18 CITY WIDE VARIOUS OUTDOOR SIRENS II A. Section VII —DEFINITIONS property in the open is amended to read as described above for each location. All other terms and conditions remain unchanged. • LMCIT MPCB-110 (11/01) (Rev.11/02) Page 1 of 1 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST , SCHEDULE OF COVERED PROPERTY Covenant Number: LMC CMC 24118 TY : OAK PARK HEIGHTS CITY OF League of Minnesota Cities Cities promoting excellence 411110VERAGE AT EACH OF THE BELOW LOCATIONS APPLIES ONLY FOR BUILDING/ PROPERTY IN THE OPEN OR BUILDERS RISK PROPERTY DESCRIBED AND FOR THE *SECTION IV - WATER AND SUPPLEMENTAL FLOOD COVERAGES INDICATED. THE ESTIMATED REPLACEMENT COST STATED BELOW IS USED FOR PURPOSES OF LOSS VALUATION AS STATED IN SECTION VI-LIMITS OF COVERAGE AND VALUATION, 2.a. (3) Limitations, (b) . **Type of ***Section IV Water Estimated Covered and Supplemental Replacement Loc# Location Occupancy Property Flood Coverage Cost 1 14168 OAK PARK BLVD N CITY HALL/GARAGE B CODE C $2,105,072 2 58TH&NORELL WATER TOWER&WELL B CODE C $1,678,442 3 14168 OAK PARK BLVD N WATER TOWER&WELL B CODE C $1,398,702 4 BREKKE PARK SHELTER B CODE C $204,617 5 13425 60TH STREET LIFT STATION B CODE C $124,053 6 14168 OAK PARK BLVD N PUMP HOUSE#3 B CODE C $118,130 7 SWAGER PARK SHELTER B CODE C $8,226 COVER PARK RECREATION BUILDING B CODE C $46,347 9 VALLEY VIEW PARK SHELTER B CODE C $80,657 10 BEADETTE ON LOOKOUT TRAIL LIFT STATION B CODE C $89,652 11 SUNYSIDE MARINA LIFT STATION B CODE C $89,652 12 14200 53RD STREET LIFT STATION B CODE C $89,652 13 14168 OAK PARK BLVD N CITY HALL PIO CODE C $3,343 14 SWAGER PARK PARK PIO CODE C $65,689 *The limit of coverage for Section IV-Water and Supplemental Coverage is$500,000 per occurrence /500,000 Annual Aggregate **Type of Covered Property B I =I Building/Contents PIO I =I Property in the Open BR I =I Risk Property ***Section IV-Water and Supplemental Flood Coverage CODE A: LMCIT Water and Supplemental Flood Coverage applies with no additional exclusions. CODE B: LMCIT Water and Supplemental Flood Coverage applies in addition to and in excess of the applicable National Flood Insurance Program Coverage. 4.13 DE C: LMCIT Water and Supplemental Flood Coverage excludes damages from any occurrence for which any loss or any damage would be payable under a National Flood Insurance Program Coverage. PM-100(11/95)(Rev 11/02) ' LEAGUE OF MINNESOTA CITIES INSURANCE TRUST SCHEDULE OF COVERED PROPERTY Covenant Number: LMC CMC 24118 TY : OAK PARK HEIGHTS CITY OF I�Qepro promoting c lence HEIGHTS, (.'hies promoting excenence 11110VERAGE AT EACH OF THE BELOW LOCATIONS APPLIES ONLY FOR BUILDING/ : • PROPERTY IN THE OPEN OR B UILDERS RISK PROPERTY DESCRIBED AND FOR THE *SECTION IV - WATER AND SUPPLEMENTAL FLOOD COVERAGES INDICATED. THE ESTIMATED REPLACEMENT COST STATED BELOW IS USED FOR PURPOSES OF LOSS VALUATION AS STATED IN SECTION VI-LIMITS OF COVERAGE AND VALUATION, 2.a. (3) Limitations, (b) . **Type of ***Section IV Waterl Estimated Covered and Supplemental Replacement Loc# Location Occupancy Property Flood Coverage Cost 15 COVER PARK PARK PIO CODE C $74,492 16 VALLEY VIEW PARK PARK PIO CODE C $39,964 17 BREKKE PARK PARK PIO CODE C $143,815 18 CITY WIDE VARIOUS PIO CODE C $65,182 19 5810 NORELL AVE N PUMP HOUSE#2 B CODE C $111,896 20 KERN CENTER,5500 STILLWATER BLVD LIFT STATION&FORCE MAIN B CODE C $218,750 21 58TH ST. AUTUMN HILLS PARK PIO CODE C $207,175 liChe limit of coverage for Section IV-Water and Supplemental Coverage is$500,000 per occurrence 1 500,000 Annual Aggregate **Type of Covered Property l B I _I Building/Contents l PIO I = Property in the Open l BR I _!Builders Risk Property ***Section IV-Water and Supplemental Flood Coverage CODE A: LMCIT Water and Supplemental Flood Coverage applies with no additional exclusions. CODE B: LMCIT Water and Supplemental Flood Coverage applies in addition to and in excess of the applicable National Flood Insurance Program Coverage. CODE C: LMCIT Water and Supplemental Flood Coverage excludes damages from anyoccurrence for which any loss or any damage would be payable under a National Flood Insurance Program Coverage. PM-100(11/95)(Rev 11/02) III LEAGUE OF MINNESOTA CITIES INSURANCE TRUST MC SCHEDULE OF COVERED MOBILE PROPERTY League of Minnesota Cities Cities promoting excellence • Covenant#: CMC 24118 CITY: OAK PARK HEIGHTS COVERAGE APPLIES TO MOBILE PROPERTY VALUED AT REPLACEMENT COST VALUES OF $25,000 OR LESS PER ITEM IF IDENTIFIED AS COVERED AND TO MOBILE PROPERTY THAT HAVE REPLACEMENT COST VALUES GREATER THAN $25,000 PER ITEM THAT ARE LISTED. COVERED / NOT COVERED A. MOBILE PROPERTY VALUED AT $25,000 OR LESS COVERED B. MOBILE PROPERTY VALUED AT GREATER THAN $25,000 Description of Mobile Property Serial No (Make, Model and Year) 1 1995 CATERPILLAR XQ225 PORTABLE GENERATOR SET 8JJ00226 2 2000 CASE 621 WHEEL LOADER 112822 JEE0123895 3 4 5 6 7 8 9 10 11 12 13 • 14 15 LMCIT PM-109 (11/97) (Rev.11/02) Page 1 of 1 Covenant Number: MUNICIPAL LIABILITY DECLARATIONS `CMC 24118 Coverage is Provided by: THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST LMC (Herein called LMCTT) ••ln 1. CITY: OAK PARK HEIGHTS, CITY OF of Minnesota c;Hes Cities yromoEing excellence J Item 2. COVERAGE PERIOD: One Year From: 07/07/03 To: 07/07/04 12:01 A.M. Standard Time at Mailing Address on Common Coverage Declarations Item 3. THE COVERED PARTY IS: CITY "," . °'I!?'" Item 4. COVERAGE PARTS: VLIai IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS COVENANT, LMCIT AGREES WITH THE COVERED PARTY TO PROVIDE THE COVERAGE AS STATED IN THIS COVENANT, SUBJECT TO THE FOLLOWING LIMITS: EACH OCCURRENCE LIMIT $ 1,000,000 PRODUCTS & COMPLETED OPERATIONS LIMIT $ 1,000,000 Annual Aggregate FAILURE TO SUPPLY CLAIM LIMIT $ 1,000,000 Annual Aggregate EMF CLAIM LIMIT $ 1,500,000 Annual Aggregate MOLD CLAIM LIMIT $ 1,500,000 Annual Aggregate • FIRE DAMAGE LIMIT $ 50,000 Any One Fire MEDICAL AND RELATED EXPENSE LIMIT $ 1,000/$10,000 Any One Person/Occurrence LIMITED POLLUTION LIABILITY CLAIM *$ 1,000,000 Per Sudden Occumrence/ LIMIT $1,000,000 Annual Aggregate LEAD OR ASBESTOS CLAIM LIMIT *$ 200,000 Per Claim/$200,000 Annual Aggregate LAND USE,DEVELOPMENT OR FRANCHISE LITIGATION LIMIT **$ 1,000,000 Annual Aggregate *LIMIT includes damages, loss adjustment expense, defense costs and supplementary payments. **LIMIT includes litigation costs. Item 5. MUNICIPAL LIABILITY DEDUCTIBLE: (Subject to General Annual Aggregate Deductible, if any, shown on Common Coverage Declarations) $ 500 Per Occurrence Item 6. RETROACTIVE DATES: MUNICIPAL LIABILITY RETROACTIVE DATE: 07/07/87 LIMITED POLLUTION LIABILITY CLAIM RETROACTIVE DATE: 05/24/88 LEAD OR ASBESTOS CLAIM RETROACTIVE DATE: 07/07/93 Item 7. ENDORSEMENTS ATTACHED TO THIS COVERAGE PART: ME066(11-02) ME073(11-01) MGL-1(01-95) LMCIT DEC-013(11/86)(Rev.l1/02) COMPREHENSIVE MUNICIPAL LIABILITY COVERAGE • XCoverage A Municipal Liability Coverage A Municipal Liability, but only for Bodily Injury, Property Damage or Personal Injury Coverage A Municipal Liability, except for Bodily Injury, Property Damage or Personal Injury XCoverage B Medical and Related Expense XCoverage C Automobile Liability— Bodily Injury and Property Damage XCoverage D Land Use, Development or Franchise Litigation • In consideration of the premium charged, it is understood and agreed that the Declarations and Section II - Who Is Covered are amended to include: ECONOMIC DEVELOPMENT AUTHORITY SUBJECT TO A RETOACTIVE DATE OF JULY 7, 1998. for all coverage where ❑ is X'd above. All other terms and conditions remain unchanged. • LMCIT Page 1 of 1 ME066(11/96) (Rev. 11/02) 1 ` , • COMPREHENSIVE MUNICIPAL COVERAGE WAIVER OF STATUTORY LIABILITY LIMITATIONS ENDORSEMENT In consideration of the additional premium paid by the city, Section VI- Conditions, paragraph 6, is deleted and is replaced by the following: 6. STATUTORY LIABILITY LIMITATIONS AND IMMUNITIES a. It is the express intent of the city and of LMCIT that for any claim to which this covenant applies, the monetary limits of liability provided by Minnesota Statute 466.04 are waived to the extent of the limits of coverage shown in the declarations and further described in Section III - Limits of Coverage. This waiver shall not apply to any claim not covered under this covenant, and shall not affect any limitations which may apply by virtue of any other statute or common law. • b. It is the express intent of the city and of LMCIT that the procurement of this covenant shall not waive any other immunities, limitations, or defenses imposed by or available under any statute or common law which is applicable to any covered party. All other terms and conditions remain unchanged. • LMCIT ME073 (11/97)(Rev. 11/01) MUNICIPAL LIABILITY L14C Zeagne of Minnesota Cities ilk Cities promog excellence OAK PARK HEIGHTS, CITY OF COVENANT NUMBER CM 24118 � HAZARD PREMIUM BASIS : ADVANCED PREMIUM , 1 I I , 1 1 1 Premises Operations : Code: Basis OPERATING EXPENDITURES : A : 2,105,485: PREMIUM INCLUDED: � � : : FOR ALL HAZARDS : WATERWORKS : D : 109,225: WHERE A PREMIUM s t� : BASIS IS SHOWN � STREETS B 20: 1 , , 1 I I I I 1 I I I , I I I 1 , I I I I I I I I I I , 1 I I I I I I I I I I I I I 1 I I I I I I I I I I I I I I I I I I I I I I I , I I 1 I I I I 1 I , , , I I , I , I I I I I I I 1 , , , r I I I , I I I I I , , , I I Al III I 1 I I I I I I 1 1 1 1 I I I I I 1 , , I I I , , I I I I I I 1 , , , I I I I , 1 I I , I I I I 1 1 I I , I I I I I I I 1 , , I I I 1 , 1 I I I 1 I I I , , , r I I 1 I I I 1 1 I I I I I I I I 1 , I 1 II I I I I I I I I I I I 1 1 1 I I I I I I I I I I I II I I I I , 1 I 1 I 1 I I 1 I 1 1 1 I 1 I 1 I I , 1 I I I I I I I I 1 1 I I I I I I I I , 1 1 I I 1 , 1 1 1 Independent Contractors G : 1 ,536,911: , , 1 , I 1 , 1 1 I 1 1 1 , I 1 , 1 , 1 , roducts/Completed Operations 1 WATERWORKS ; H 210,000,000: 1 t 1 r , 1 , LMCIT MGL-1(01-95) Page 1 of 2 MUNICIPAL LIABILITY • (Cont'd.) Municipal Liability Hazard Codes When used as a premium basis: Code _ (A) "Operating expenditures" means all expenditures used to operate the city, excluding capital purchases, where the individual project or item exceeds five percent (5%) of the total operating expenditures of the city; expenditures for the independent contractors that provide the city with certificates of insurance indicating adequate limits; welfare benefits and expenditures for those exposures which we are separately rating, per$1,000. (B) "Per mile" means the total number of miles of streets, paved or unpaved, owned by the city, within the city limits, not including toll roads or bridges, per mile. (C) "Receipts" means the gross amount of money charged by the city, including taxes, for operations rated on a receipts' basis (this does not include taxes which are collected separately and remitted directly to this or any other governmental entity), per$100 of receipts. (D) "Payroll" means the entire payroll (remuneration) earned during the coverage period, including overtime, employees of the city working in the department (classification) shown, per$100 payroll. (E) "Each" means per unit. (F) "Square footage" means per square foot. (G) "Cost" means the total cost for operations performed for the city by an independent contractor during the coverage period, including the cost of labor, materials and equipment furnished, and all fees or commission made, whether paid or due. (H) "Per gallon" means annual usage of water, per 1,000,000 gallons. LMCIT MGL-1 (01-95) Page 2 of 2 , Covenant Number: MUNICIPAL AUTOMOBILE DECLARATIONS CMC 24118 Coverage is Provided by: THE LEAGUE OF MINNESOTA CITIES rag..INSURANCE TRUST (Herein called LMCIT) • ta Cities xcellence Item 1. CITY: OAK PARK HEIGHTS, CITY OF Item 2. COVERAGE PERIOD: From: 07/07/03 To: 07/07/04 12:01 AM Standard Time at Mailing Address Indicated on Common Coverage Declarations Item 3. THE COVERED PARTY IS: CITY Item 4. COVERAGE: IN RETURN FOR THE PAYMENT OF PREMIUM AND SUBJECT TO ALL OF THE TERMS OF THIS COVENANT,LMCIT AGREES WITH THE COVERED PARTY TO PROVIDE THE COVERAGE AS STATED IN THIS CONVENANT, SUBJECT TO THE FOLLOWING LIMITS: COVERAGE: LIMIT: AUTOMOBILE LIABILITY $1,000,000 Per Occurrence PERSONAL INJURY PROTECTION Basic Minnesota Statutory Coverage UNINSURED&UNDERINSURED MOTORISTS $1,000,000 Per Occurrence fraAUTOMOBILE PHYSICAL DAMAGE Actual Cash Value,Unless Endorsed Item 5. DEDUCTIBLE (SUBJECT TO GENERAL ANNUAL AGGREGATE DEDUCTIBLE,IF ANY, SHOWN ON COMMON COVERAGE DECLARATIONS). � 500 per occurrence e Item 6. FORMS AND ENDORSEMENTS ATTACHED TO THIS COVERAGE PART: A0010(11-02) A2108(11-96) A2225(11-89) CM C(11-02) M E063(11-01) ME066(11-02) M E073(11-01) M E079(11-02) • LMCIT DEC-016(11/86)(Rev.11/00) • • MUNICIPAL AUTOMOBILE PHYSICAL DAMAGE COVERAGE Various provisions in this covenant restrict The word you and your refer to the city coverage. Read the entire covenant carefully shown in the Declarations. The words to determine rights, duties and what is or is we, us and our refer to LMCIT providing not covered. Throughout this covenant, the this covenant. word city refers to the first city shown in the Declarations. The word LMCIT refers to the Other words and phrases that appear in League of Minnesota Cities Insurance Trust. italics have special meaning, as given in SECTION IV-DEFINITIONS. SECTION I-COVERAGE AGREEMENT We will pay for direct and accidental damage described under SECTION II- or loss to a covered automobile unless the CAUSES OF LOSS AND DAMAGES cause of loss or damage is not covered as NOT COVERED. • SECTION II-CAUSES OF LOSS AND DAMAGES NOT COVERED 1. CAUSES OF LOSS NOT COVERED other authority using military personnel or other agents; or We will not pay for loss or damage caused directly or indirectly by any of (3) Insurrection, rebellion, revolution, the following. Such loss or damage is usurped power or action taken by excluded regardless of any other cause or governmental authority in hindering event that contributes concurrently or in or defending against any of these. any sequence to the loss. 2. DAMAGES NOT COVERED a. War We will not pay for the following damages: (1) War including undeclared or civil war; a. Damages caused by; (2) Warlike action by a military (1) Wear and tear; force, including action in hindering or defending against an actual or expected attack by any government, sovereign or • LMCIT A00I0(11-89)(Rev. 11-02) Page 1 of 5 (2) Freezing; except freezing of the This exclusion does not apply if the above S pumping apparatus of a fire truck damage results from other loss or damage or similar emergency or other covered by this Coverage Part. utility truck; or b. Blowouts,punctures, or other road (3) Mechanical or electrical damage to tires. breakdowns. This exclusion does not apply if the above damage results from other loss or damage covered by this Coverage Part. SECTION III-LIMITS OF COVERAGE AND VALUATION 1. LIMITS OF COVERAGE 2. LOSS VALUATION a. The most we will pay for loss or a. At our option we may: damage is the smaller of the following amounts: (1) Pay for,repair, or replace damaged or stolen property; (1) The actual cash value of the damaged or stolen property at the (2) Return the stolen property at our time of the loss or damage; or expense. We will pay for any damage • that results to the covered (2) The cost of repairing or replacing automobile from the theft; or the damaged or stolen property with other like kind and quality. (3) Take all or any part of the damaged or stolen property at an b. We will not pay for loss or damage in agreed or appraised value. any one occurrence until the amount of loss or damage exceeds the b. If you and we fail to agree as to Deductible in Item 5 of the the amount of loss or damage, either Declarations and the amount of loss may: will be reduced by the deductible amount. Demand an appraisal of the loss or damage. In such event,you and we The deductible applies against the shall each select a competent total loss incurred by you from any appraiser. The two appraisers will one occurrence, regardless of the select a competent and disinterested number of covered automobiles umpire. If they cannot agree, either involved. may request that selection be made by a judge of court having LMCIT A0010(11-89)(Rev. 11-02) Page 2 of 5 • jurisdiction. The appraisers will Each party will: state separately the actual cash value and the amount of the loss or (1) Pay its chosen appraiser and; damage. If the appraisers fail to agree, they will submit their (2) Bear the other expenses of the differences to the umpire. An award appraisal and umpire equally. agreed to by any two will be binding. We shall not be held to have waived any of our rights by any act relating to appraisal. SECTION IV-DEFINITIONS 1. Automobile means a land motor vehicle, Any automobile which is owned by a trailer or semi-trailer designed for travel city officer, employee, or volunteer and on public roads. which is being used for city business by that officer, employee, or volunteer is 2. Covered automobile means: not considered to be leased, rented, or borrowed by the city. a. Any automobile that you own; • 3. City means governmental body or entity b: Any automobile that you rent or lease first named in the Declarations. For for a period of more than 30 days; purposes of this coverage, city includes relief associations. Unless specifically c. Any automobile that you borrow; named in the Declarations, city shall not include: d. Any automobile that you rent or lease from a person or organization that is a. Gas, electrical or steam utilities not in the business of renting or commission; leasing automobiles; or b. Port authority,housing and e. Any automobile that you or a city redevelopment authority, economic officer, employee, or volunteer rents development authority, area or for city business for less than 30 days municipal redevelopment authority from a person or organization in the or similar agency; business of renting automobiles if the rental agreement requires you or c. Municipal power agency; the individual renting the automobile to pay for loss or damage to the d. Municipal gas agency; automobile. • LMCIT A0010(11/89)(Rev. 11-02) Page 3 of 5 4 e. Hospital or nursing home board or deemed to create a joint powers entity if • commission; the agreement establishes a board with the effective power to do any of the f. Airport commission; following, regardless of whether the specific consent of the constituent g. Welfare or public relief agency; governmental units may be required: h. School board; a. To receive and expend funds; i. Joint powers entity. b. To enter into contacts; 4. Joint powers entity means an operating c. To hire employees; entity created by two or more governmental units entering into an d. To purchase or otherwise acquire or agreement as provided by statute for the hold real or personal property; or joint exercise of governmental powers. An intergovernmental agreement will be e. To sue or be sued. SECTION V- CONDITIONS 1. COVERAGE UNDER TWO OR b. The coverage territory is: MORE COVERAGES • (1) The United States of America If two or more of this covenant's (including its territories and coverage's apply to the same loss or possessions); damage, we will not pay more than the actual amount of the loss or damage. (2) Puerto Rico; and 2. COVERAGE PERIOD, COVERAGE (3) Canada TERRITORY 3. LOSS CONDITIONS Under this Coverage Part: Duties in the event of loss: a. We cover loss or damage commencing: a. You must promptly notify us of any loss. (1) During the coverage period shown in the Declarations; and b. You must tell us how, when, and where the loss happened. You must (2) Within the coverage territory, assist in obtaining the names and addresses of any witnesses. LMCIT A001001/89)(Rev. 11-02) Page 4 of 5 • • 1110 c. You must do what is reasonably necessary after the loss at our expense to protect the covered automobile from further loss. You must submit a proof of loss when required by us. d. You must promptly notify the police if the covered automobile or any of its equipment is stolen. • • LMCIT A0010(11/89)(Rev. 11-02) Page 5 of 5 0 Uninsured and Underinsured • Motorists Coverage A. WORDS AND PHRASES WITH SPECIAL b. Owned by a governmental unit or MEANING agency. In addition to the WORDS AND PHRASES WITH c. Designed for use mainly off public SPECIAL MEANING in the COVENANT,the roads while not on public roads. following words and phrases have special meaning for UNINSURED MOTORISTS 4. "Underinsured motor vehicle"means a COVERAGE, and UNDERINSURED land motor vehicle or trailer for which the MOTORISTS COVERAGE. sum of all liability bonds or policies at the time of an accident provides at least 1. "Family Member"means a person the amounts required by the applicable related to you by blood,marriage or law where a covered auto is principally adoption who is a resident of your garaged but their limits are less than the household, including a ward or foster limit of this insurance. However, child. "underinsured motor vehicle"does not 2. "Occupying"means in, upon, getting in, include any vehicle: on, out or off. a. Owned or operated by a self-insurer 3. "Uninsured motor vehicle"means a land under any applicable motor vehicle law' motor vehicle or trailer a. For which no liability bond or policy b Own cd by a governmental unit or at the time of an accident provides agency. at least the amounts required by the c. Designed for use mainly off public • applicable law where a covered roads while not on public roads. auto is principally garaged, or b. For which the sum of all liability d. Which is an uninsured motor bonds or policies at the time of an vehicle. accident provides at least the B. WE WiLL PAY amounts required by the applicable law where a covered auto is 1. We will pay all sums the beneficiary is principally garaged but their limits legally entitled to recover as"damages" are less than the limit of this from the owner or driver of an uninsured insurance,or motor vehicle or underinsured motor or bonding vehicle. The"damages"must result c. For which an insuring g from bodily injury sustained by a company denies coverage or is or covered party"P rty"caused by an accident. becomes insolvent,or The owner's or driver's liability for these d. Which is ahit-and-run vehicle and "damages"must result from the ownership, maintenance or use of the neither the driver nor owner can be uninsured motor vehicle or underinsured identified. The vehicle must hit a motor vehicle. beneficiary, a covered auto or a vehicle a beneficiary is occupying. 2. If this coverage provides a limit in excess of the amounts required by the applicable law where a covered auto is However, "underinsured motor vehicle" principally garaged, we will pay only does not include any vehicle: after all liability bonds or policies have a. Owned or operated by a self-insurer been exhausted by judgments or Payments. under any applicable motor vehicle law. A2108(11/96) Page 1 of 2 3. Any judgment for damage"arising out F. CHANGES IN CONDITIONS of a suit brought without written notice to us is not binding on us. The CONDITIONS of the COVENANT are changed for UNINSURED MOTORISTS • C. WE WILL NOT COVER—EXCLUSIONS COVERAGE as follows: This does not apply to: 1. YOUR DUTIES AFTER ACCIDENT OR LOSS is changed by adding the following: 1. Any claim settled without our consent. a. Promptly notify the police if a hit- 2. The direct or indirect benefit of any and-run driver is involved, and insurer or self-insurer under any workers'compensation,disability b. Promptly send us copies of the benefits or similar law. legal papers is a suit is brought. 3. Bodily injury sustained by you or any 2. OUR RIGHT TO RECOVER FROM family member while occupying or OTHERS is changed by adding the struck by any vehicle owned by you or following: any family member which is not a covered auto. If we make any payment and the "covered party"recovers from another 4. Anyone using a vehicle without a party,the beneficiary shall hold the • reasonable belief that the person is proceeds in trust for us and pay us entitled to do so. back the amount we have paid. D. WHO IS COVERED 1. You or any family member. 2. Anyone else occupying a covered auto or a temporary substitute for a covered auto. The covered auto must be out of s • ervice because of its breakdown, repair, servicing, loss or destruction. 3. Anyone for"damages"he or she is entitled to recover because of bodily injury sustained by another beneficiary. E. OUR LIMIT OF LIABILITY 1. Regardless of the number of"covered parties",claims made or vehicles involved in the accident,the most we will pay for all "damages"resulting from any one accident is the limit of UNINSURED AND UNDERINSURED MOTORISTS COVERAGE shown in the declarations. 2. Any amount payable under this COVERAGE shall be reduced by: a. All sums paid by or for anyone who is legally responsible,including all sums paid under the COVENANTS LIABILITY coverage. • A2108 (11/96) Page 2 of 2 Personal Injury Protection Endorsement • (Minnesota) LMCIT agrees to provide Statutory Minnesota No-Fault Coverage for all autos described on the Municipal_Automobile Declarations. The Comprehensive Municipal Coverage Common Conditions also apply unless they are in conflict with the Minnesota No-Fault law. In that event, Minnesota No-Fault law shall govern. • • LMCIT A-2225(11/89) Definition of City Endorsement It is understood and agreed that city is amended to include: ECONOMIC DEVELOPMENT AUTHORITY All other terms and conditions remain unchanged. • • LMCIT Page 1 of 1 ME063(11/95)(Rev. 11/01) COMPREHENSIVE MUNICIPAL LIABILITY COVERAGE • XCoverage A Municipal Liability Coverage A Municipal Liability, but only for Bodily Injury, Property Damage or Personal Injury Coverage A Municipal Liability, except for Bodily Injury, Property Damage or Personal Injury Coverage B Medical and Related Expense 9 P Coverage C Automobile Liability— Bodily Injury and Property Damage XCoverage D Land Use, Development or Franchise Litigation • In consideration of the premium charged, it is understood and agreed that the Declarations and Section II - Who Is Covered are amended to include: ECONOMIC DEVELOPMENT AUTHORITY SUBJECT TO A RETOACTIVE DATE OF JULY 7, 1998. for all coverage where ❑ is X'd above. All other terms and conditions s r emain unchanged. LMCIT Page 1 of 1 ME066(11196) (Rev. 11/02) • LMC League of Minnesota Cities Cities promotJ ing excellence League of Minnesota Cities 145 University Avenue West St. Paul,MN 55103-2044 (651)281-1200 Municipal Excess • Liability Coverage Administered By: Berkley Risk Administrators Company,LLC 145 University Avenue West St.Paul,MN 55103-2044 • (651)281-1200 • **IMPORTANT** PLEASE READ YOUR AGREEMENT MUNICIPAL EXCESS LIABILITY DECLARATIONS t Covenant Number: Coverage is Provided by: MEL 4660 THE LEAGUE OF MINNESOTA CITIES LMC INSURANCE TRUST vtoas Covenant Number: Herein called LMCIT League of Minnesota Cities ( ) Cities promoting excellence 4360 -' Item 1. CITY and MAILING ADDRESS: CITY OF OAK PARK HEIGHTS 14168 OAK PARK HEIGHTS BLVD. P.O. BOX 2007 STILLWATER, MN 55082 Item 2. COVERAGE PERIOD: ONE YEAR From: 07/07/03 To: 07/07/04 12:01 AM Standard Time at Mailing Address Indicated on Item 1. "CLAIMS-MADE" Item 3. RETROACTIVE DATE: July 07, 1987 • es. THE COVERED PARTY IS: CITY Item 5. LIMITS OF COVERAGE: Aggregate Limit $ 1,000,000. Item 6. PREMIUM: $7,035. Item7. FORM NUMBERS AND/OR ENDORSEMENTS FORMING A PART OF THE AGREEMENT AT ISSUE: MELC(11/02) UME-43(01/95) UME-46(01/95) UME-4(11/99) 1 UME-47(11-97) P i Executive Director, LMCIT • LMCIT DEC-017(11/96)(Rev. 11/02) MUNICIPAL EXCESS LIABILITY COVERAGE Various provisions in this covenant restrict that appear in italics have special meaning, as coverage. Read the entire coverage agreement given in given in SECTION III - DEFINITIONS,or carefully to determine rights, duties, and what is in the underlying coverage. covered and not covered. Words and phrases SECTION I - LIABILITY COVERAGE 1. COVERAGE AGREEMENT 2. EXCLUSIONS a. Subject to the terms, conditions, limitations, In addition to the exclusions contained in the and exclusions contained herein, LMCIT will underlying coverage, the following exclusions pay amounts in excess of what LMCIT is apply to this coverage: obligated to pay under the terms of the underlying coverage. a. Any obligation to pay expenses under any medical payments coverage. b. The amount that LMCIT will pay is limited as described in SECTION II - LIMITS OF b. Any obligation imposed by law under any COVERAGE. automobile no-fault, uninsured motorist, underinsured motorist, workers' LMCIT will only pay if the date of the claim is compensation, disability benefits, or on or after the retroactive date, if any, unemployment compensation or any similar shown in the Declarations. law. d. Except as otherwise provided herein, this c. Any lead or asbestos claim. coverage is subject to the same terms, definitions, conditions and exclusions of the d. Any failure to supply claim. underlying coverage. e. Any mold claim. f. Awards for attorney's fees pursuant to statute, except for attorney's fees with respect to federal civil rights suits or state human rights suits. SECTION II - LIMITS OF COVERAGE 1. The Limits of Coverage shown in Item 5. of b. Claims made or suits brought; the Declarations and the rules below fix the most LMCIT will pay under the terms of this c. Persons or organizations making claims covenant regardless of the number of: or suits. • a. Covered parties; LMCIT MELC(11/86)(Rev. 11/02) Page 1 of 2 2. The Aggregate Limit is the most LMCIT will 3. Each payment, including defense expenses pay under this covenant. The Aggregate and supplementary payments, LMCIT Limit includes defense expenses and makes under this covenant reduces, by the • supplementary payments. amount of the payment, the Aggregate Limit. SECTION III - DEFINITIONS Underlying coverage means the the Workers Compensation and Employers Comprehensive Municipal Coverage and Liability Coverage as provided by LMCIT. Part Two- Employers Liability Coverage of SECTION IV - EXTENDED REPORTING PERIOD The additional premium for the supplemental extended reporting period will be a percentage the annual expiring premium for SECTION I LIABILITY COVERAGE. Number of Years Since Retroactive Date Shown On Declarations Page Additional Cost 1 50% • 2 70% 3 80% 4 90% 5 100% 5+ 100% • LMCIT MELC (11/86)(Rev. 11/02) Page 2 of 2 EXTENDED REPORTING PERIOD - LIMITED POLLUTION EXCEPTION • With respect to Limited Pollution Coverage under this Covenant, which is excess over underlying coverage,the basic extended reporting period and the supplemental extended reporting periods under Section IV - Conditions are not available. • All other terms and conditions remain unchanged. • • LMCIT UME-43 (01-95) Page 1 of 1 EXTENDED REPORTING PERIOD — LAND USE LIABLITY EXCEPTION • With respect to Land Use Liability Coverage under this Covenant, which is excess over underlying coverage, the basic extended reporting period and the supplemental extended reporting periods under Section IV— Conditions are not available. • All other terms and conditions remain unchanged. • LMCIT UME-46 (01-95) Page 1 of 1 • UNINSURED/UNDERINSURED MOTORISTS - FOLLOW FORM It is agreed and agreed that in so far as coverage is provided in the underlying coverage, uninsured and underinsured motorists coverage is on a follow form basis. 1111 All other terms and conditions remain unchanged. • LMCIT UME-4 (01-95) (Rev. 11-99) Page 1 of 1 • MUNICIPAL EXCESS LIABILITY COVERAGE WAIVER OF STATUTORY LIABILITY LIMITATIONS ENDORSEMENT In consideration of the additional premium paid by the city, Section IV- Conditions, paragraph 8, is deleted and is replaced by the following: 8. STATUTORY LIABILITY LIMITATIONS AND IMMUNITIES a. It is the express intent of the city and of LMCIT that for any p Y Y claim to which this covenant applies,the monetary limits of liability provided by Minnesota Statute 466.04 are waived to the extent of the limits of coverage shown in the declarations and further described in Section III -Limits of Coverage. This waiver shall not apply to any claim not covered under this covenant, and shall not affect any i limitations which may apply by virtue of any other statute or common law. • b. It is the express intent of the city and of LMCIT that the procurement of this covenant shall not waive any other immunities, limitations, or defenses imposed by or available under any statute or common law which is applicable to any "covered party". All other terms and conditions remain unchanged. 411 LMCIT UME-47 (11/97)