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Prop. & Liability Ins. 2001-2002
J4) ..J A. LMCIT LIABILITY COVERAGE -WAIVER FORA' �nSti-'a.vtce Repe4v..4 Cities obtaining liability coverage from the League of Minnesota Cities Insurance i/teo-rk-7 5 3 eej whether or not to waive the statutory tort liability limits to the extent of the cover 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 $1,000,000.,regardless of the number of claimants. . If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased,regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. This decision must be made by the city council. Cities purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage. For further information,contact LMCIT. You may also wish to discuss these issues with your city attorney.. The City of CiAk ad(c..14+s . accepts liability coverage limits of$ ()0001 O00. 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. X The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04,to the extent of the limits of the liability coverage obtained from LMCIT. Date of city council meeting -it"(y )0, Signature , Y►s Position ri i5 C, ( ci Return this completed form to LMCIT, 145 University Ave. W., St. Paul, MN. 55103-2044 Page 1 of 1 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST 145 University Avenue West St. Paul, MN 55103 (651) 281-1200 APPLICATION FOR THE CITY OF: 0 t c' Pat Al << —R Q-- County: 12 Jc wrz Mailing Address: 1(41 (.o ' Oak. ePcv+/ (L r6...Qucc4. Phone: (051 (f39— 4'(31 City, State, Zip: (-)Jc IPa1J E `rT- o AJ SSO SSG -Co 47(0 City Contact: U I Title: 1990 Census Population: 3 4 Ve Current Estimated Population: G3 c/ 77 Total Expenditures All Operations: .223 Is the City a Member of The League of Minnesota Cities? Yes No Submitting Agency: (--a-4,-C19-MAC t V (G I lA 'r ..t- Address: .a3 2. Lau- S. City, State, Zip: c J-u�°)t' �- �- o") GQ 5 S 02_ 5 Telephone: (CC;6()4(04— 3333. Facsimile: (105 ) t-VO4' 5c Agency Contact: Date of Council Resolution or Contract Appointing the Agency:X AGENT COMPENSATION: /� 10% City Will Compensate the Agent Directly Other Please specify: Standard Deductible: O ' (Applies to All Lines. Optional All Lines Deductibles are Available.) Current Information on Coverage You Are Applying For: Carrier Policy Type Expiration Date Premium (AMC I r G c;Lbc- -- v2 upc t,loftiL s13 LMCITAPP.TBL(11/97)(REV. 11/00) PAGE 1 OF 19 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST PROPERTY/MOBILE PROPERTY COVERAGE Blanket Limit of Coverage Per Occurrence to be established by LMCIT. P, 3 7 21�( This limit is established by totaling the replacement cost values of all your buildings/contents, property in the open and mobile property. BUILDINGS/CONTENTS/PROPERTY IN THE OPEN Attach updated schedule of buildings/contents,and property in the open. MOBILE PROPERTY-GREATER THAN 525,000 Attach updated schedule of mobile property with replacement cost values greater than$25,000. MOBILE PROPERTY-$25,000 OR LESS Mobile property with replacement cost values of$25,000 or less can be covered with no schedule. There is a flat premium charge. Do you want this coverage?XYES [ ]NO I . 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. LMCITAPP.30(11/97)(REV. 11/00) PAGE 2 OF 19 ` r V I r a •• •D, < 0. U '".%'\* ..z."\--\%.„. °'-'3%-o-,.. 4'..- \ t: W 4.. L N • • °` 00 Q. . 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 tV N u u U N 0 0 Z O .. U o 3C L I 3I •.1 Z .0 �o o > Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z H o IA I W O- - • •• CL m m m S a: m o: m s m m m m m CC m CC m m N O O S s LL LL 7 U. S >= LL LL "i LL LL U. S S s S S z S A w u .. O 'H a0 co N N O •0 0 00 M 0 0 0 O 4 4 .i e4 0 0 4- • • O - O in 14 0 4 W e4 N O CO 00 N N 0 N N M M W DI L cn O1 N 4 en 4 V o uO M M M N o NO O. 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(i p i o r z 3 0° 13 03 o In 0 0 w M .1.4 i 7 c ft C 0 3 N • LEAGUE OF MINNESOTA CITIES INSURANCE TRUST WATER AND SUPPLEMENTAL FLOOD COVERAGE APPLICATION 1. Does your city have any locations in a flood hazard area? ,A h 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. e4 r+.; r r r(, ' *��gf + r r "t^' �: .77 i"n-'."F7 v+ 't'ai it �t c h M d d 4 b i a l k f6o ���p@eQh +0� Xy 1;;1' fl et + i+t �x•I'*-. li , d Cpl �61 Jr�[�h , V r r Fvc' ■k� 8 ,� h l L 1 r t r■ r r a )a 11 +y j + r qr_ L'^- �•• r i tifx{ r r 7N p �+I 0i <i',4_47!1,,,!,' I y y °Er a t �.,.Sy.�.��� �1�4nr,�..,....,w.,,iL. s1,.�L9;,'_�P,¢..,�._'.,1�1 LMCIT.APP(11/00) Page 2a of 19 • LEAGUE OF MINNESOTA CITIES INSURANCE TRUST PROPERTY 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 x AIRPORTS YES NO— N/A X ELECTRIC UTILITY YES NO— N/A X G A S UTILITY YES NO N/A k STEAM UTILITY YES NO— N/A )C YES NO YE N/A HRA � — EDA YES X NO N/A PORT AUTHORITY YES NO_ N/A 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: General Fund S-S'gl a Cf 0 Debt Service ' sO.7 G L r Enterprise Fund l v /cj /1&.. Port Authority Special Revenue Funds /0 O Nursing Homes Capital Improvement Funds 32_0 r Hospitals ��s d Airports 0 Clinics 7 HRA 0 Other(please describe) y EDA 0 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. PLEASE ATTACH A COPY OF THE LATEST CPA AUDIT AND/OR THE PROJECTED BUDGET(WHICHEVER REFLECTS THE EXPENDITURES ON THE WORKSHEET). THIS INFORMATION WILL ASSIST UNDERWRITING IN ANSWERING ANY QUESTIONS WITH REGARD TO THE EXPENDITURES WORKSHEET. LMCITAPP.13(I1/97)(REV. 11/00) PAGE4OF 19 LMCIT EXPENDITURES WORKSHEET City 00-9` ? (- “J+a Budget Year 20 0 1. All Expenditures t f q, 6 II. Transfers q g 1 III. 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 1e";7.— i b) Debt Service • ccOq t 6 c) Water Department Only 27L7 Five). 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. in) Special Deductions(List and Describe) VI. Operating Expenditures(GL) 3Z7 2 3 LMCITAPP.11(11/97)(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 City of OcA-G- � � Date CP - 2 -O Z' 1. Golf course annual receipts: veer^-¢- . Number of golf carts: vu. 2. Street mileage: 2.0 (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: 1r101-,3 4. Water Department payroll: /63760 61) es not ,'r�c_1�c��c ()ERA*F1 `1-&-COV) Total gallons of water pumped annually: ,Z,/ / CC NO 000 . (Round to nearest million, i.e. 2,500,000 should be 3,000,000) 5. Electric Department payroll: 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: Cc. p 9 p I Store 1 Store 2 Store 3 On Sale Off Sale 11. Number of seasonal swimming pools: to 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: 14. Number of water slides: / • Height: Length: Location: Seasonal: Year Round: 15. Does the pool(s) comply with the Minnesota Departme t of Health revised Chapter 4717,Public Swimming Pool Rules effective January 4, 1995, conce ing water depth requirements for diving boards and pool decks? Yes No 16. Number of staff attorneys: (nOV%.Q.. 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 1 . t3' LMCITAPP.01(11/97)(REV.11/00) PAGE 7 OF 19 • LEAGUE OF MINNESOTA CITIES INSURANCE TRUST MUNICIPALITY QUESTIONNAIRE DO NOT LEAVE ANY SPACES BLANK IF NO EXPOSURE PLEASE INDICATE N/A OR NONE City of O°` ?�w (c -�- -�' Date �' - � �` —OZ 1. Does the city own or operate any of the following? p 7.17717-17•777777-77%-, I9 , " /t,'Ms f ,. +V.0 4� 11 , 7i {,. i ;.t I df 4+17 rI k Yk E :n'� 7. 1 a tl . :`' f i 1ta 1� tr r� o, r, . 1 I F Y r.iy�+.y, }...::` ��f} N ,!,%A�t.ly Sik� t „.n ( I�,y���11A.�1b q� pp {.�,7.�'.�r ,i{z!.�,�h f1){y.,�lu.�:_ (.,,.'+'II it I�I I, �i,4��.0�E� �. ....::�r. r,.f:, ��a!l.¢J Ast.... �.<I �11I i[.:}(;'"qy�f 174 Irr'�tJj �rf tli i'1 I JI �r :-1 1i Y`"�"1' h'i4 r�I, ,lei !i I�t.. 1 V p] rF �, IFt Ir� 0:11i+I, u l iW ' R I I °t • t ! "tit�1 y ' k �ikj 11 tI ' (,: k w,l Si VI I' 11 �r I 1, 4- 7 .#!: c r; of t I ,7,1 krl >i:It V i .t 4 j e ..-kV��ii •MI ah,. � �r�� �.q...;..)5.+ a I I .yG-:. oG9 r<C}I Ftw Nt „ 'a.tjP,V .. ,:, ,” :r -.�..1 L. F:;-{ ,:', 7 {,�+ ��yy y k�I' ay ITrryN +W : �� I '.aC � i I _ I 1� +'t114J.�,li IL��41���71 INIh��X'4°.7A i I �°�EA�.��"�3�alAl 1�t�A•3.1'i Aral..� ,..G°i �,-x v x , 1 t" 4<i. i r' 1 J +5 t ! `a r rl I t '•.:�} v •;ir+ I r y fi _yi,{;��. c f +t' 1' aki+`` , F' � F�'it ��� 1.}t7l t�s � .j �� �'1 f'+`'iy �+�n � 1�s..v.�.re�� t,[�`� k , I)_l 4��°�a�)Y°j.'Y-1.r :;i II , r ?�: V -���i.,' a * I,r:f f :1? a l_ 1 6a �' "1- ,r 4, .�` ..'�Yk t'; a�ir1 S 1 S- ,t,,. 1 I i .�,s , J ..,res,, u ; I+ v 1',f-.Y r,d - 7 gr }I.._a;, ,�; `Y'✓-: t7.{_ tf+,,l...! 15, !t_k v r j L ''�� ..° v �Ya 1 I q 1 -a i''F Jr ' e C{�6`J ..:.5i�j" '1..7 s� 1.'� L "V J :1i 41':%r!1'12�1,14.ti,K ,�k �� 7.i'��l 4.y..�k L., ,�.�gl� S � �� f _ .c.e -,-.. , .x �rr1., :._a11r9 .t�L. � viwrsu?. t� ��rr'k_. 1C.o �I ut�uu ,c:.�. :.�.. _.,..,d'+�4t2a,.,,:��:. �.. :.,nls_�:Z�.._ �a Hospitals _Yes No ___Yes No Nursing __Yes .4 No __,Yes No Homes Health —Yes ,No rYes _No Clinics Airports Yes No ■ __Yes No Comments: • * Municipal Liability, exce s t for bodil in'ur I ro 5 dama•e or •rsonal in'ur , 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. LMCITAPP.02(11/97)(REV. 11/00) PAGE 8 OF 19 • 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 the extent of coverage provided under this covenant to the named board, commission, authority or 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. 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 'rr , fi Y n e4a Fw��y �ryt 11 Y tt -, ,i 44 ,?47 'aS9: ' rr . ecr so�6,}ir l. k �I� r tI F - !6�1 s 3a F�� R}� '~ l l �ll Gas Utilities Commission _Yes x No Questionnaire Needed Electric Utilities Commission Yes No Questionnaire Needed Steam Utilities Commission _Yes ,4_No Questionnaire Needed Port Authority ,__Yes �(No Need Full Details Housing&Redevelopment Authority Yes No Need Full Details Economic Development Authority x Yes —No /50 —9 Need Full Details Area 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 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? aa mt 7 q}i1uJ t-s-,rti If' 17 + 7i ; I .�........ tt' • s.+.FI 717 ra 101,t 1 ! 1 it I "t tP ...'i Y Likf-i* O a� �"4 y3p 7 �� u4 gi l�� .(i b i P F ,ry I Welfare or Public Relief ^Yes J No Need Full Details Agency School Board Yes �' No Need Full Details 4. Does the city operate a dump or landfill? hO What type of material is deposited there? Is the area fenced to keep out the public when closed? Is the area attended during open hours? 5. Does the city own or operate a marina? Inv 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 hGL 6. Dams classified as Class I or Class II by the Commissioner of the Departmen t 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: (a 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. 744 011101171EMICAM ���.y:.- �� �� d • 8. Parks..and Playgrounds A. Description (including area) of each park or playground: Sc aA gAA1,4AA I to-G-0 �D cc! k - !� u.'f u.� n, i S LtS4/ he p.ti r k /a.+4/ /2.a Gt c./'��' -%a fu /r.�ii : L-eAd HOC,,t4'I i� /4, /Gf !�r•-e44 .s 'C.,efp4 10,<, sS a'17 Z/ acr,e,r r(B. Description of playground equipment on each: / �- �/��me fr i )1 S- Pict(pc-fru G�u!'-C°I''f.Cil �Gr� M'l[IC fO$-t 147,Svo 41I'4-- Ai" oV- it 37Fry /9r ,/ay f‘--L. ge r71 ��sY�c, � ee. � O a I .11-1 s ! u.r lj€1,S e210 - j•e of 1-0 -thti �. tl h 1/5' , 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? 110 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, pulling or speed or demolition contest or in any stunting event. This would ' 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 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 3. Skateboard Parks Yes No K. Ski jumps; ski lifts and tow ropes Yes No L. Toboggan or Tubing Slides Yes No M. Trampolines Yes No If any of the above are operated by others, please advise if the city is named as an additional insured and the policy 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 cG,,gQNoccAlr_e_cs_ �R Ae.r.n.cei tciw. C °^� Payroll of paid firefighters: Number of volunteers: Number of fire trucks: vt.rfv..O. Describe any fund raising activities or celebrations by the firefighters or relief associations: 12. EMT's and Paramedics cs v 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: • T .02 11/97 V. 11/00) PAGE 13 OF 19 LMCI APP ( )(RE ) LEAGUE OF MINNESOTA CITIES INSURANCE TRUST 13. Law Enforcement Total law enforcement payroll: (/`"1, 7 .2 D /�(e4 t7 4 is /riofiAl — 47 Number of law enforcement vehicles: 7 Number of Employees by class: Class A(Full-time): A (Part-Time): 0 Class B: 0 Class C: C� Class D: Class E: 6 Class F: 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: 1n0' . Describe any jail or detention facilities maintained: C c.�.� « U A J Maximum holding period: CU ' f2/2ot_ e 14. Grandstands and Stadiums A. Number and location of each: I — -��- -�- T cu) ( x - - - a B. Seating capacity: 14;C7 C. Type of construction: D. Permanent or temporary: 15. Wharf or Docks - Describe: LMCITAPP.02(11/97)(REV. 11/00) PAGE 14 OF 19 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST 16. Street or Road Construction or Maintenance Annual expenditures: 'I L/ / 0 o 0 How much work is sublet to others? r.-eysc.c./Qv/1... Are Certificates of Insurance obtained indicating adequate limits? Is any blasting done? Vkd 17. Please describe any contractual agreements the city has entered into such as: A. Mutual aid: B. Police or fire protection: i? �z.czn of F A- C. Other. Describe: 18. Joint Powers Boards are not covered. However, they may be considered for coverage by submitting full details in a Y 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? V yes If so, please give full details. �' i+. I-�u..(( s 1,21 r..," s v e" cS,c c.0 r`t‘l•7 Q(a-r ✓h-ri.aC I S Leo IC-c. Z..ancf Secu-e,I` . 4learn. s a 1 rti ° Iotk..rte?.-1 u.r . 21. Any other pertinent information not covered above: I . LMCITAPP.02(11/97)(REV. 11/00) PAGE 15 OF 19 LEAGUE OF MINNESOTA CITES INSURANCE TRUST • 22. City was created in: ct- (Year) 23. Names and official titles of the Members of the Board of the City: (City Council) Name Official d�avieA ea�.c.cX�fi Mcc• slr p'L- evSow TeLr.(C k0ae.r 1" `k 24. Fiscal Year *Revenue *Expenditure Fund Balance At Year End 9 2. C_ Projected Year 1"/,....S-7 9 .70a y y/3G/3 6 O 9 L? Current Budget 24/ 2 L c2`/e/ " `�7�G /I („ L O d e O 1st Prior Actual 4 79_1_2( Li,52.7 OLilo • CP/ (..l4 71 •7 7(o , 19 qcl 2nd Prior Actual 5, (9V �S?� 1O3 (o"� �°/ O 5-7 f 19 G g 3rd Prior Actual C(z•I352(P't3 �+ 904/414 -7/-7 2'5, 77(o *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. t 25. a. Total amount of outstanding bonds:. o? C,,SS eov ( r )e,r)) A---114, b. Latest Moody's and/or Standard and Poors' bond rating: LMCITAPP.02(11/97)(REV. 11/00) PAGE 16 OF 19 • LEAGUE OF MINNESOTA CITIES INSURANCE TRUST 26. 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. X b. Improper or alleged wrongful granting of variances, building permits or similar grants or zoning disputes. c. Wrongful or alleged wrongful approval of building plans, designs or specifications. d. Wrongful or alleged wrongful approval of building construction. e. Allegation of unfair or improper treatment regarding employee hiring, remuneration, advancement or termination of employment. f. Disputes involving integration, segregation, discrimination or 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. .x j. Any losses or claims occurred involving contractual disputes. 27. Land Use Liability Number of building permits issued:" 3 2,3 Number of variances: Granted 3 Denied a Number of conditional use permits: Granted /0 Denied 1 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 No Are you a participant in the Metropolitan Council Livable Communities Program? Yes )< No What year did you join? 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. (int?),c/if;I rr... �t 11 7 VA1 4 ' } r‘'i v, f�io d t r d -i ...\ I- I 1G1,1 l .', 0 t,[ ADDITIONAL COVERED NAME ADDRESS PARTIES INTEREST ■ 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 performing the actual railroad construction project. LMCITAPP.02(11/97)(REV. 11/00) PAGE 18 OF 19 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST AUTOMOBILE LIABILITY AND PHYSICAL DAMAGE CITY OF Oaf— PON V„ Tt..eurs 'a- 1. COVERAGES: 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\ , A $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 If yes,please indicate type of individuals or groups: If yes,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 aged 10 nears 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) 7'y�'tl'v{Y 1� , e,�v'.ir Y,F �'a�?��{''-I'-,: �}tka tt { ..f'' ,{k: ..��r A v S r i.;-�11'tM"A' oq.,.t''i r n J ,i r, ,,,, ro {-„,1 a ;.,9z-.7 CIr U; ps . w e } °rk k 3 a� y ..44, -4, PAI.�tYa,�Sai�?'"vr-,,,g1, ;tt 1 is„sir tr-41,r ,- 1, 4:#1,0.-v°, � '� i d i 7,4 nl� ipoti0 t'� ,- V5-51�_",,,u . � �Sr,g�, �r�� n ,ur,a,�. :gt+r a.>�,' y -;,,„,,.,1:y,„.., „$.,1! .> Y tat,- cir�` d i �` �q, e iy 1,,,tM.t ' I toc„ `' i.. ;r 4�R It - ` ,-kFf, 4 4�..W/�(v IP'"'$V. t a t 11"4 .° j r'Irii 7 ld' -'' pp .r y1 �,}, /��ytt'- ids, mss{ r $ .1d d. M @� 1.,, �I , li'ti4��. 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O O O O CO to co m In < O < co co m m 01 C1 01 O1 CO 01 O1 en en C1 01 01 at O1 OI at q J O W to 01 01 01 C1 O1 O1 at C1 01 A C1 en at C1 01 C1 at N C1 al a Z Y F N N r1 .1 ..1 .d N 01 N N .d N .1 M rl N N ..1 N 01 W C W J U 01 N en Y In .0 F O O O co 0 O W a O O O 0 0 > at ON In Q N > C1 u N 1-1 N J U O S a u u- 0 F N U N N N .1 F 0 = 0 CO W 01 O S W 2 N Y a O C . W < 0 re a a = DC ■ Z < 0 F1 0 w e� Co "� IGoorLulAb LEAGUE OF MINNESOTA CITIES INSURANCE TRUST NO FAULT SEWER BACK-UP COVERAGE APPLICATION APPLICANT: AGENTS NAME: TELEPHONE NUMBER# 1. Inspection and maintenance program Does the city have an inspection and maintenance program?[] Yes []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? []Yes [] No Please describe briefly. 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 [] 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? [] 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 PUBLIC 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: $ 00000 (Standard) • Bond-Employee Faithful Performance Coverage: 0 $ 00 COO (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. 300 aa� ?tea AUDITS: 1, FREQUENCY: BY WHOM?: CPA STAFF AUDITOR OTHER(Explain Fully) DATE OF LAST AUDIT: DISCREPANCIES?: YES 12-31 - Oi NO (If YES submit copy of audit or auditors comments.) LOSS HISTORY(LAST 5 YEARS): EMPLOYEES POSITION WHICH CAUSED LOSS: CORRECTIVE MEASURES TAKEN: WILL THERE BE A SUBSTANTIAL INCREASE IN THE NUMBER OF EMPLOYEES DURING THE ct, TERM OF THIS BOND? INTERNAL CONTROLS: 1. ARE BANK ACCOUNTS RECONCILED AT LEAST MONTHLY? YES NO 2. IS THE PERSON WHO RECONCILES PROHIBITED FROM MAINTAINING BANK ACCOUNT RECORDS? YES k NO 3. ARE ALL PERSONS HAVING AUTHORITY TO MAKE BANK DEPOSITS OR WITHDRAWALS. PROHIBITED FROM EITHER MAINTAINING RECORDS OR RECONCILING THE BANK ACCOUNT? YES - NO 4. IS COUNTERSIGNATURE OF ALL CHECKS REQUIRED? YES k' NO ADDITIONAL COMMENTS: • - bpd — LEAGUE OF MINNESOTA CITIES INSURANCE TRUST 6,17'` CLASSIFICATION OF EMPLOYEES BY DU1'EES OR RESPONSIBILITIES S 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: I.) 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 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,semi 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 if OF OCCUPANTS POSITION #OF OCCUPAN' CPt7 /4/1 ill;el t`3,-urrof I. Cow,pm..,.1' /9e Di r, cOno ,ce. O'ret.r vv t eu-w,e, c-4-44%i .cv■Awrovel.r { JAL fac S t„ ,IniSTtf/e thSrS I Adn.,,tns<-r r,.n-l't Set. (/t)}1.t 0.1'4 1- e.,"bt,. Vc04141 DiVeWV' 1,134A1 Id,.” Znsfuw'Oui-A f CS ,o....r ,pry Oev, Sec. I Total Class A 1-6 CLASS B EMPLOYEES AU personnel whose principal duties consist of: I. Inside or outside clerical activities; 2.. Office work such as 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 #OF OCCUPANTS POSITION #OF Sec.;lode Anc"•t6dv^r I OCCUPANT <rw C.O f • Total Class B _ CLASS C EMPLOYEES - All personnel whose principal duties consist of: I. Skilled or unskilled labor and craftsmanship; d, 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 A Itce CY-I�l1-E, P %t,"1.4).><s EM39)∎res OCCUPANT � Total Class C I LEAGUE OF MINNESOTA CITIES INSURANCE TRUST CLASSIFICATION OF EMPLOYEES BY DUTIES OR RESPONSIBILITIES This classification under Class A, B and C constitutes the cities personnel as of the date of this application and should include Mayor and Council members. CLASS A EMPLOYEES All Executive Administrative Judicial and Supervisory officials,Department and Division Heads and Assistant Department and Division Heads. Al!Police Officers*and 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,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 OCCUPANTS Total Class A CLASS B EMPLOYEES All personnel whose principal duties consist of: 1. Inside or outside clerical activities; 2. Office work such as stenography,typing,filing,switchboard operation,business machine operation etc.; 3. Operation of vehicles transporting passengers for cash fare or tickets. POSITION #OF OCCUPANTS POSITION #OF OCCUPANTS POSITION #OF OCCUPANTS 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 OCCUPANTS Total Class C LMCITAPP.PEB(11/97) PAGE 2 OF 2 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST BOILER AND MACHINERY APPLICATION ADMINISTERED BY: BERKLEY RISK ADMINISTRATORS COMPANY,LLC 145 University Avenue West � p `/ St.Paul,MN 55103-2044 pLe 64 S e APPLICANT: 1L y O�" Da Pez r�C INSPECTION CONTACT AT CITY: k/ 1 bye-1L7 1 i nl./o,.e r- TELEPHONE#: G S1- '3 9 AGENT'S NAME: L ci n a' i u c/C r14 h /11-y✓t Y- TELEPHONE# /e)4-7-5-77 J°l'/nJG- 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 J._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? ?C Yes No If yes,please provide description and amount: .:1002 — jot. - /w. 00 --"o l - c c-, e c r-C-taCZ r o oou - Ai/ �O�t/r'`7�.'7 �ty' I`'et'lu/'S civ 4. 100% Replacement Cost Values of Building,Municipal Personal Property,Personal Property of Others: $ 4 7Y7 0 5'3 ? * L c iz 5. Non-Referral Occupancies Deductible: $ * Does not 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,Iimits and deductibles may apply per occupancy. *B *MIT *PTO *BI A. Refuse burning facility(boiler garbage burning systems-HBB) `Yes X No _ B. Diesel electrical generating equipment(boiler diesel utility-HBD) _Yes _Z No _ C. Electrical generating equipment(boiler electrical production ,Yes j No utilities-HBE) D. Co-generation facility(boiler co-generation facilities-HBF) — Yes 4 No _ (*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 .. No _ F. Hospital/Clinic 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 i 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. LMCITAPP.BOILER(11/97)(REV. 11/99) PAGE 2 OF 2 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST EXCESS LIABILITY APPLICATION Administered By: BERKLEY RISK ADNIINISTRATORS COMPANY,LLC 145 University Avenue West St.Paul,MN 55103 (651)281-1200 City of 0 OL ?at Date e -(D-5- Z. 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 X No Special Note: The liquor liability primary limits must be$1,000,000. Employers Liability: Carrier: L-MC t Limits: t t OO ' , 000 Policy Number: Policy Period: 7/`1 .200"2- — 03 Does applicant now have or contemplate any exposure under: (If yes,attach sheet with payroll figures.) (a) Jones Act or Admiralty Jurisdiction Yes X No (b) Federal Railroad Employees Act Yes 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 Note: Coverage is excess of LMCIT coverages only. Some of the coverage is not follow form. 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 SUBMITTED BY: � �"^ ( I wra�"-C.2. S PRODUCER: ADDRESS: a3 2 L _ �,Q�.eQ Soc.4e-N oU.,.e� ( txOc-2, Mn. . 5�LS APPLICATION FOR OPEN MEETING LAW - DEFENSE COST REIMBURSEMENT AGREEMENT APPLICANTS 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. 2. Principal Address: 14 i Off- ?emu Pc.4 5 So82- Cp 47(P 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. a dU f i _ is# ar ;? . Yo- N F A£rt,�e r ,, f vgz,"s'. f J. I� ;� of Z. > a t+±y�(' ?,r "� ,r Jy sy.r'tcC {,.rf�"`v ,f' '� 7 fi rt r r ✓ a ,''J {JY's iY} 1'� ow :.•a x fS,�,C',`S �} '' f 3��Y �' bL .. Ny'Y/✓ } S 3 .' ?w f{'J P fW}K s, rJ4 f ' t 2 1 ^r � . 4 i .a t ,.,may $ Swrip+ Ft iYCj J � ,u ; y � rY . � 3« � � 0.$S�Nf ✓J' 't <r 1 .' _ GE't �,$t'CFc�.l' `�` lr_ s,*Y .' StCr ,✓a r ,,Y r / { r {r".�L�t s a `fJ ., 2 i t v f . J}x' a • tiy2�'cq ` �} �.tf �j t ! t� .uGti .F x 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 X 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 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: S ct oe, a,0 ..54- 2. Have all new members attended the League Conference for Newly Elected Officials? )<� 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, ...): 902A4..Q_ ow .0 o o._44- --gzouv 5. Does legal council attend all official meetings? 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: x YES NO b) Employment practices: X YES NO 7. Please indicate the percentage of reimbursement of defense costs. 80% 100% BY: (Signature an itle of Au orized Representative) LMCrTAPP.OML(11/97)(REV. 11-99) PAGE 3 OF 3 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST Administered By: BERKLEY RISK ADMINISTRATORS COMPANY,LLC 145 University Avenue West St.Paul,MN 55103-2044 (651)281-1200 SUBMITTED BY: PRODUCER: ADDRESS ZIP: APPLICATION FOR MINNESOTA PETROFUND SUPPLEMENTAL REIMBURSEMENT AGREEMENT APPLICANTS INSTRUCTIONS: 1. 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 and dated by an authorized representative of the City. 4. PLEASE READ CAREFULLY THE STATEMENTS AT THE END OF THIS APPLICATION. APPLICANT 1. Name of City or other public entities to be covered under the Agreement. LMCITAPP.MPRAAP(11/97)(REV. 11/99) PAGE 1 OF 6 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST 2. Principal Address: 3. If Joint Powers entity, identify participants: 4. Designate the public official primarily responsible for environmental protection: NAME: TITLE ADDRESS: TELEPHONE TANK SITE INFORMATION 1. Please list and describe all active and inactive underground and above ground storage tanks on the attached storage tank schedule. This list must include all tanks acquired through the Housing and Redevelopment Authority and the Economic Development Authority or any similar department/agency. 2. Are all tanks registered with the Minnesota Pollution Control Agency? YES — NO If NO,please explain below: • LMCITAPP.MPRAAP(11/97)(REV. 11/99) PAGE 2 OF 6 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST 3. Do all tanks including piping meet all local storage tank regulations? YES NO If NO,please explain below: 4. Do all tanks including piping meet all state storage tank regulations? _YES NO If NO,please explain below: 5. Do all tanks including piping meet all Federal storage tank regulations? _YES NO If NO,please explain below: 6. Have you received any complaint or notice that any of your tanks including piping are leaking or have you any other indication that any of your tanks including piping are leaking? YES NO If YES,please explain below: • LMCITAPP.MPRAAP(11/97)(REV. 11/99) PAGE 3 OF 6 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST CLAIM HISTORY 1. List individual petroleum tank release incidents or claims and damages/expenses: Date of Describe Injury Amounts Paid Incident or Damage or Reserved Location 2. Identify your tank sites that have been the subject of environmental litigation,claim or administrative prosecution or complaint. Please give details: 3. Are you aware of any other incidents or conditions which may result in a claim against you? YES NO If YES, give details: • 4. Have you ever performed any remedial clean-up actions at any of your tank sites? YES NO If YES, give details: • LMCITAPP.MPRAAP(11/97)(REV. 11/99) PAGE 4 OF 6 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST The undersigned authorized representatives of the Applicant represents to the best of his/her knowledge the statements herein are true, and it is agreed that this application shall become incorporated as a part of the Minnesota Petrofund Supplemental Reimbursement Agreement if accepted by LMCIT. LMCIT is hereby authorized to make any investigation and inquiry in connection with this application as it deems necessary. Dated at this day of ,19 (Name of Applicant) BY: (Signature and Title of Authorized Representative) LMCITAPP.MPRAAP(11/97)(REV. 11/99) Page 5 of 6 0 'O d 0 0 bou rzlal . � w dF U 0 F V W' q lg. A a . U col V cd � H 0 aQA LEAGUE OF MINNESOTA CITIES INSURANCE TRUST LIQUOR LIABILITY APPLICATION ADMINISTERED BY: BERKLEY RISK SERVICES,LLC 145 University Avenue West St.Paul,MN 55103-2044 APPLICANT: AGENT'S NAME: TELEPHONE# 1. Effective Date: Name of Licensee: License# 2. Limits of Liability: $ Per Claim $ Annual Aggregate 3. Receipts: Alcoholic Beverages$ /'ast 12 months) $ (Estimated next 12 months) 4. List of location covered and their operations Location: Operation: Location: Operation: 5. Underwriting: (A) Has the applicant or any employee,officer or licensee incurred any claim for liquor liability in the past 5 years? [ ] Yes [ ]No If yes, explain: Is the applicant aware of any incidents which may lead to a claim? [ .] Yes [ ]No If yes, explain: (B) Have there been any fights or assaults inside or outside the locations among patrons in the past year? [ ] Yes [ ]No. If yes,give details: Have there been any incidents of any employee,officer or licensee using reasonable force to remove patrons? [ ]Yes [ ]No If yes,explain: (C) Does the applicant provide for their employees to receive formal training in the following areas: Operations? [ ] Yes [ ]No Handling of minors? [ ]Yes [ ]No Handling of intoxicated customers? [ ] Yes [ ]No How often is the training done? . • By whom? Does the applicant provide any additional training? [ ] Yes [ ]No If yes, explain: Page 1 of 2 (D) Has the applicant,or any owner,partner,officer,member of licensee ever had a license revoked,refused or suspended? [ ] Yes [ ] No If yes,give details: (E) Previous Carrier: Exp.Date: Premium • Policy Number: Limit of Liability Has insurance coverage ever been canceled or non-renewed? [ j Yes [ ] No If yes, explain: (F) Years in business at this location under current ownership If under 2 years,give previous experience (G) Has applicant or employee ever been fined or cited for violations of a law or ordinance relating to sales of alcohol? (After hours,minor, etc) [ ]Yes [ ]No If yes,explain: (H) Normal Open/Closing hours: Mon-Thurs Fri Sat Sun (I) Does applicant have entertainment: [ ]Yes [ ]No If yes,type: (J) What is the turnover of bartenders? (K) Is there a documentation procedure in place for incidents? If yes, explain: 6. Do you have any special events sponsored and controlled by the liquor store? [ ]Yes [ ]No . • If yes,please describe Coverage is excluded. An endorsement is necessary. Please let us know if you want coverage. 7. Do you have any other special events that is not sponsored or controlled by the liquor store? If yes, explain: Coverage is excluded. An endorsement is necessary. Please let us know if you want coverage. 8. 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BOX 2007 STILL WA TER MN 55082 GROSS EARNED PREMIUM $ 683,942 ADJUSTED LOSSES $ 94,330 MEMBERS DIVIDEND PERCENTAGE .00159927743 DIVIDEND AMOUNT $ 14,393 • League of Minnesota Cities Insurance Trust Property/Casualty Program OAK PARK HEIGHTS Premium and Dividend History $60,000- - $50,000- lr mi it r- ?I if !!'711 1;1. ':i'j $40,000 i i 5 $30,000 � - �.� �' F $20 000 r,; t4 i , . /., ,,;' il I , , tt t'4 $1°,°°° 1 p � Vi i 1 l', 1 ' ; .,.' ,J :1 ; li i , 1 $° 93 '94 '95 '96 '97 rvY`'98 99 '00 '01 '02 0 Premiums $44,539 $48,060 $45,352 $45,311 $43,126 $43,126 $48,711 $51,199 $49,224 $50,034 .Dividends $9,697 $13,556 $15,150 $20,700 $18,969 $15,430 $11,209 $7,858 $12,729 $14,393 OAK PARK HEIGHTS Premiums and Dividends since 1987 $800,000 $700,000 - $600,000 - $678,602 .........:.... $500,000 , $400,000 - $300,000 - $200,000 - $100,000 $186,808 $0 , Premiums Dividends 145 University Avenue West, St. Paul,MN 55103-2044 Phone: (651) 281-1200 • (800)925-1122 . . rl____\,..7. LMC League of Minnesota Cities Fax: (651) 281-1298 •TDD (651) 281-1290 Cities promoting excellence J www.lmcit.lnlnc.org December 17, 2002 To: City officials From: LMCIT Board of Trustees Re: 2002 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 • 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 Pat Deshler at 651-281-1267 if you have any questions or need any additional information, LMC 145 University Avenue West, St. Paul,MN 55103-2044 Phone: (651) 281-1200 • (8o0)925-1122 League of Minnesota Cities Fax: (651) 281-1298 •TDD (651) 281-1290 Cities promoting excellence www.lmcit.lmnc.org December 17, 2002 To: Mayors and council members of LMCIT member cities From: LMCIT Board of Trustees Les Heitke,Mayor, Willmar Sherry Butcher, City Council, Eden Prairie Joel Hanson, City Administrator, Little Canada Brenda Johnson, City Council, Chatfield Todd Prafke, City Administrator, St. Peter Paul Sparks, City Manager, Albert Lea Jim Miller, LMC Executive Director Re: LMCIT dividend for 2002 The LMCIT property/casualty program is 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. In a very real sense, when LMCIT is able to return a dividend, it's really just a"byproduct" of two fundamental 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 are 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 sixteenth straight i LMCIT Dividends year in which the LMCIT property/casualty program $157 million since 1987 has returned a dividend to its members. LMCIT's ` $30,000,000 property/casualty and workers compensation $20,000,000 programs together have returned $157 million to $10,000,000 member cities since 1987. $o $�.N,88�,89�'90 x'91 '92 '93 '94 '95 '96 '97 LFrJ '98 '99 '00 '01 '02 D Property/casualty •Work Comp 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 2003 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. Rising medical costs and state assessments mean that LMCIT's work comp rates have to increase for 2003, and higher reinsurance costs will mean higher property premiums too. Fortunately, good loss experience has also made it possible to reduce liability premiums for 2003, offsetting a good part of the higher property and work comp rates. As a result LMCIT member cities will see a very modest increase in their total premiums for rY P property, liability, auto, and work comp coverage for 2003, but that increase will be nothing like the 20%, 50% or even greater increases that private insurance buyers ers 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. And 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. That commitment to controlling losses pays off for all of us. As Minnesota city officials, we can all be proud of what we're accomplishing cooperatively through LMCIT. As LMCIT's Trustees, we'd like to say thank you and congratulations to you and your city employees. Questions If you have any questions about your city's share of LMCIT dividends or our premium rates for 2003, please call Pete Tritz, LMCIT Administrator, at 651-281-1265; Ann Gergen, LMCIT Associate Administrator, at 651-281-1291; or any of the members of the LMCIT Board. i ti 145 University Avenue West, St. Paul, MN 55103-2044 mc Phone: (651) 281-120o • (800) 9255-1122 League of Minnesota Cities Fax: (651) 281-1298 •TDD (651) 281-1290 Cities promoting exce ence www.lmcit.lmnc.org December 17, 2002 To: LMCIT cities and agents From: LMCIT Board of Trustees Re: 2002 LMCIT property/casualty dividend—calculations and outlook Members of the LMCIT property/casualty program this year are sharing a$9 million dividend. This memo will give you some more information on the dividend, how your city's share is calculated, and what you might look for in the future. How is your city's dividend determined? 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 concluded that $9 million could be returned to the 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 that 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. p Y Y p p 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, 2002, for all of the years the city has been a 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. i 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 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: • 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. • 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. • LMCIT's fixed-income investments have gained value 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. All else being equal then, 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. Another factor to be aware of is reinsurance. The reinsurance market is currently harder than it's been for many years. One result of that hard market is that our reinsurance costs increased significantly this year, especially for property risks. We anticipate that the reinsurance market will continue to be difficult for the next several years. It might in the future make economic sense for LMCIT to retain more risk rather than to reinsure it. To 2 do so though, 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 would mean retaining some funds that could otherwise be available to be returned as dividends. The bottom line, though, 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: • 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 2003 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. Those uncertainties aside though, we want to congratulate member cities on another successful year. None of this would be possible if cities hadn't put the effort into controlling losses and made the commitment to cooperating through LMCIT. 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 f ee, • E . y Cit of i ,,r,'.ff t, Oak Park Heights 1,. t a, ry r"`' 14168 Oak Park Blvd.N.•Box 2007•Oak Park Heights,MN 55082•(651)439-4439•Fax 439-0574 Interoffice Memo To: Acting City Administrator, Kim Kamper From: Public Works Director, Jay Johnson, PE cc: Finance Director, Judy Hoist Date: 08/30/01 Re: LMCIT No Fault Sewer Back-up Coverage-Request for Additional Information Introduction: The City of Oak Park Heights has a Public Works staff that consists of a Director, a Foreman, a full-time parks/utility worker and two seasonal parks/utility workers. The culture of a small town shop has been to perform the routine and keep paperwork to the minimum. We have proposed funds in next year's budgets to enable more detailed operating procedures and maintenance documentation systems. The program would identify lines with various problems from flat slopes to roots and prescribe a maintenance plan for each line that minimizes the cost and prevents back- ups. For some lines this could be scheduled flushing (flat lines), chemical treatment (grease or root problems) or more frequent cleaning. These funds have been requested previously. 1. How often are the lines inspected? Oak Park Heights has a relatively new sewer system. The first parts of the system were installed in 1967/1968. New sewer mains being installed are PVC. Selected lines are inspected when preparing for the annual sewer cleaning and the lines that are cleaned each year are inspected during cleaning. Televising of lines is only used on problem areas when needed to determine the repairs necessary. Known problems areas are monitored by observing flow at manholes on a random basis. We do not have a set schedule for doing this. The Public Works Foreman checks manholes when he has free time. 2. How often are those city lines inspected? I am not sure what this question means. If we are referring to the problem lines. There is not a set schedule for inspection as discussed above. Reading the statement after the question leads me to believe that you are referring to how often cleaning is performed. We clean annually, with the funding requested TREE CITY U.S.A. Memo:LCMIT Request fiDditional Information • 08/30/01 for next year and the current low bidder price we should be able to clean the entire city every five years. Certain lines need cleaning more often or may require special treatment. As stated above we have requested funding to develop a program to address these concerns. 3. How often are lift stations inspected? Daily A. Does the city have a back-up procedure if the power fails at the lift stations? Currently, the primary procedure is to call a vacuum truck and drive the sewage to the lift station discharge point. We are looking at the feasibility of a mobile generator and generator connections. B. Does the city have a telemetry system should the lift station fail? No. Of our five lift stations only one backs up into a private residence. The other four will overflow a manhole before affecting a home or business. We are currently researching the most cost-effective means of providing a failure alarm for this lift station. Our fire/security alarm company is getting the equipment necessary to test radio telemetry to their alarm system at City Hall. If this works we will be able to install the system of around $1,500 with no operating cost. Cell phone systems cost between $1500 and $1500 with $10/month to $30/month operating cost. Qwest wired service cost $500 to $1,000 with $50/month operating cost. 4. Please provide better detail on how the city keeps track of problem areas that have a history of back-ups, known roots or grease. Is a list of the problem areas kept and amended as needed? Does the city maintain those problem areas on a more frequent basis? As with many small towns the "list" has been maintained by the experience of the Foreman. As the city grows and the infrastructure matures more formalized systems are being developed. Funding restrictions and cultural changes have slowed the progress of implementing change. 5. Does the city maintain written records of its normal maintenance and inspection of the sewer system? Please clarify. Daily inspections are not documented on a form. Records of cleanings are maintained as files listing what lines were cleaned which year. 6. Does the city maintain records for its cleaning and inspection of problem area? Please clarify. No other records than those mentioned above. 2 TREE CITY U.S.A. Memo:LCMIT Request ffditional Information • 08/30/01 7. Please describe the city's procedures they use to assess current and any new proposed sewer systems capacity to handle new growth and development. This would include the opinion of an engineer or consultant if necessary. Bonestroo, Rosene, Anderlik & Associates are the City Engineer firm. Dennis Postler of BRAA is the City Engineer. They provide the planning and design of all sewer systems. Currently, they have two projects underway. One is to monitor sewer flows throughout the city in order to calibrate the computer model of our sewer system and determine any weaknesses in the system. The second is to take a closer look at one specific section of town and predict the effect of future growth on the lift station currently designated to service this area. If any additional information is required please contact me. ay Jo nson, PE Public Works Director 3 TREE CITY U.S.A. 08/28/2001 TUE 14:14 FAX 6514647596 LANDMARK INSURANCE J001/003 M M O Landmark Insurance Services PO Box 188 :,r yACCOIINr.&O.k;:.:':.:':: OR.:......:: Forest Lake,MN 55025 OAKPA-1 KT 08/28/01 Phone: 651-464-3333 ;•: :.,. ::•-:.w:r.•:•.... . .. .. -''•^:•';.�° l tlLlCYT'NFORT,FA°TIO'�Y':?:.... .t:. CMC20796 t;.:: • • • CP 07/07/00 07/07/01 City of Oak Park Heights 14168 Oak Park Blvd. Oak Park Heights,MN 55082-6476 ''ii .{/. ..... ... ........................-....•.-.,.1...........,•...........-•.-•...» .,....._.....«.. .. ,,.,,..... ......-�.a�,Iny. F. ��'.�:;a.z:::.rr:�....;..•.,uy :x H:.�::;wa.-: .........»..Y,Y•-.•..,t ....� ),n:S.h ............_..,.,.....,..X..-t.....-...-._...a......... .......•.....�:.............1...t tl'. .;•...:.. '.fr»h:?::...,.,..:..,;...;.- .....;..y::.. ::••,'^ ..S?t-'ry(.. - t� "'"':�?.•t ..,....:............ :. i'.�g•.7.•..;r.sthL_,P::,:':.-.:�...,...;G,.»...,..r.s_:......:,.J,„«t« _..,. >,:»..j..f.n«.. :<«..:..�.,...,....._.n :.k`:.`.d' n..r.:i '::t�-�: a'i as�+d+mtnm6•� ......... . ..... rn:.rpauu:n es?s�aa,.x;.:ti:m�'f�ai}tV�i���;hi.}s7.xtuir.....,.."...':°i Cj:•`.1::.....,-....:.:.,.,.�'..._.»._.::,L,.?.'!��s:.ti....._,.»...'S'... ),•IPt..;4..«..._........._.»...:.:r.,,;.pni, . . .. .........._........_.....,... .. . ... .1,�.-.-.......,iC''” We have received the following, rather detailed, memo from the League in response to your application for No Fault Sewer Back-up coverage. Please reply either through me or directly to Mike at the League. If you have any questions please let me know. Thank you. • Kate Tipping 08/28/2001 TUE 14:15 FAX 6514647596 LANDMARK INSURANCE 4t002/003 HUG-24-2001 14;36 LEAGUE OF MN CITIES • 612 281 1298 P.01/02 145 University Avenue West,St.Paul,MN 55103-2044 1. um Phone: (651)281.1200 • (800)925-1122 cr ./k, Fax:(651)281-1298 • TDD(651)281.1290Da LMCIT NO-FAULT SEWER BACKUP COVERAGE REQUEST FOR ADDITIONAL INFORMATION Date: 08-23-01 To: Kate Tipping Landmark Ins,Serv. P.O.Box 188 Forest Lake,MN 55025 651-464.3333 Fax 651-464-7596 From: Mike Wozniak LMC1Z Underwriting ting 6 1225 4090 RE: City Oak Park Heights We have received the city's No Fault Sewer Back Up Application. We need the following information before we can continue with our evaluation. Coverage is not bound. Kate,this fax confirms the telephone message I left with you on August.20,2001. 1.How often are the lines inspected?This could include such things as televising. Inspections may be necessary for older systems or any system with problem areas. 2.How often are those city lines inspected? Three years is reasonable but 5 years may be acceptable depending on the age and type of system. It appears that the city has had some root problems and it does appear that the current cleaning cycle may not be acceptable. Please clarify. 3. How often are the lift stations inspected? A.Does the city have a back-up procedure if the power fails at the lift stations? B.Does the city have a telemetry system should the lift station fail. 4.Please provide better detail on how the city keeps track of problem areas that have a history of back-ups,known roots,or grease. Is a list of the problem areas kept and amended as needed?Does the city maintain those problem areas on a more frequent basis? r - 08/28/2001 TUE 14:15 FAX 6514647596 LANDMARK INSURANCE [}003/003 HUU-24-a 31 14;S? til, LtHUUt UI- MN L1 l lib b1G Gtf1 AG`Jki I'.I d' 5.Does the city maintain written records of its normal maintenance and inspection of the . sewer system? Please clarify. 6.Does the city maintain records for its cleaning and inspection of problem areas? Please clarify. 7.Please describe the city's procedures they use to assess current and any new proposed sewer systems capacity to handle new growth and devolvement. This would include the opinion of an engineer or a consultant if necessary. After you have had a chance to review this request of additional information please feel free to contact me. TOTAL P.O2 ACORD CERTIFICATE OF LIABILITY INSURANC ID KT DATE 08/0DD/YY) A-1 08/02/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Landmark Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 232 South Lake Street HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR PO Box 188 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Forest Lake MN 55025 Phone: 651-464-3333 Fax:651-464-7596 INSURERS AFFORDING COVERAGE INSURED INSURER A: LMCIT-Berkley Risk Services, I INSURER B: City of Oak Park Heights Thomas M. Melena City Admin. INSURER C: 14168 Oak Park Blvd. INSURER 0: Oak Park Heights MN 55082-6476 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY MM%EFFECTIVE E D POUCY MMM//DI EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $1000000 A X COMMERCIAL GENERAL LIABILITY CMC19785 07/07/01 07/07/02 FIRE DAMAGE(Any one fire) $50000 X CLAIMS MADE OCCUR MED EXP(My one person) $1000 PERSONAL&ARV INJURY $ GENERAL AGGREGATE $ 1000000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $1000000- RO-POLICY`JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $1,000,000 A OCCUR CLAIMS MADE MEL3468 07/07/01 07/07/02 AGGREGATE $1,000,000 $ _ DEDUCTIBLE $ RETENTION $ $ WC S rATU- OTH- WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ E.L.DISEASE-EA EMPLOYEE $ E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER N ADDITIONAL INSURED;INSURER LETTER: CANCELLATION WASHI15 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Washington County IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Tom H,augen 14949 62nd Street North REPRESENTATIVES. Stillwater MN 55082 Q •fir( ACORD 25-5(7/97) ©ACORD CORPORATION 1988 Prop y cf- i bi•I TAS Y-CoAC._Q fei(\e‘--e4 129 1 !tC4 rf Ly) Wo r�C1'in j ey 'S,, ghj �Yr^�t1��✓ti. 2 0 0 - • • "i LMCIT LIABILITY COVERAGE - WAIVER FORM Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The 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 $1,000,000., regardless of the number of claimants. • If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. This decision must be made by the city council. Cities purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage. For further information, contact LMCIT. You may also wish to discuss these issues with your city attorney. The City of 00A-0,-1«.v L-(H-4--accepts liability coverage limits of$ 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. X The city WAIVES the moneta ry limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Date of city council meeting 77 i O/ U' Signatures ) ti Position G i i■;51-{-,ro7 Return this completed form to LMCIT, 145 University Ave. W., St. Paul, MN. 55103-2044 Page 1 of 1 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST 145 University Avenue West St. Paul, MN 55103 (651) 281-1200 APPLICATION FOR THE CITY OF: C9cAk k. County: �eta.- ->A z' Mailing Address: { L( 1 b ' (3 e._QL ?cur 3L4-'c Phone: COS( - J°► -443°t City, State, Zip: GoJC. � cw ic. `h.zca,�"-�- � 41N 5so%-2 City Contact: � Title:'"� ��I v�y ! 1990 Census Population: cf g(P Current Estimated Population: n7 7 i Total Expenditures All Operations: Z i I O .. Is the City a Member of The League of Minnesota Cities? X Yes No Submitting Agency: L�``" '"" �c ( �S e.e X cam. - S-e-At Address: PC O )(- I c� City, State, Zip: 12 S M SO Telephone: (C61) 44(x{ 3 3 .3 3 Facsimile: (6'5 t ) 4G, — Srt�, Agency Contact: ( 68 n Sr / tc3 �''^ 4(— Date of Council Resolution or Contract Appointing the Agency: AGENT COMPENSATION: 10% City Will Compensate the Agent Directly Other Please specify: Standard Deductible: 6 CO (Applies to All Lines. Optional All Lines Deductibles are Available.) Current Information on Coverage You Are Applying For: Carrier Policy Type Expiration Date Premium L PACT ct_c 7-7 0 QeL,b 1 cm L 1 S B LMCITAPP.TBL(11/97)(REV. 11/00) PAGE 1 OF 19 ■ LEAGUE OF MINNESOTA CITIES INSURANCE TRUST • PROPERTY/MOBILE PROPERTY COVERAGE Blanket Limit of Coverage Per Occurrence to be established by LMCIT. ( �Z =Z 1 This limit is established by totaling the replacement cost values of all your buildings/contents, property in the open and mobile property. BUILDINGS/CONTENTS/PROPERTY IN THE OPEN Attach updated schedule of buildings/contents, and property in the open. MOBILE PROPERTY- GREATER THAN $25,000 Attach updated schedule of mobile property with replacement cost values greater than $25,000. MOBILE PROPERTY-$25,000 OR LESS Mobile property with replacement cost values of$25,000 or less can be covered with no schedule. There is a flat premium charge. Do you want this coverage? N.YES [ ]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. LMCITAPP.30(I 1/97)(REV. 11/00) PAGE 2 OF 19 r' , LEAGUE OF MINNESOTA CITIES INSURANCE TRUST WATER AND SUPPLEMENTAL FLOOD COVERAGE APPLICATION 1. Does your city have any locations in a flood hazard area? 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. Loc# Buitding Name1 Description Sret + crss L1Tl` ii 1 Yom., ;� - � .,I'eII111101,00 LMCIT.APP(11/00) Page 2a of 19 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST PROPERTY 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. ENTITY PROPERTY HOSPITALS YES NO N/A NURSING HOME YES_ NO N/A HEALTH CLINICS YES NO N/A y� AIRPORTS YES NO_ N/A ELECTRIC UTILITY YES NO N/A ,>( GAS UTILITY YES NO N/A STEAM UTILITY YES NO N/A HRA YES NO XC N/A EDA YES 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: General Fund Debt Service - Enterprise Fund • Port Authority Special Revenue Funds • Nursing Homes Capital Improvement Funds Hospitals Airports Clinics HRA Other(please describe) 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. PLEASE ATTACH A COPY OF THE LATEST CPA AUDIT AND/OR THE PROJECTED BUDGET(WHICHEVER REFLECTS THE EXPENDITURES ON THE WORKSHEET). THIS INFORMATION WILL ASSIST UNDERWRITING IN ANSWERING ANY QUESTIONS WITH REGARD TO THE EXPENDITURES WORKSHEET. LMCITAPP.13(I 1/97)(REV. 11/00) PAGE 4 OF 19 LMCIT EXPENDITURES WORKSHEET City Budget Year All Expenditures f I1. Transfers Ill. E&0 Deductions a) HRA _ b) EDA m 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.) 1V. Adjust Total Expenditures(E&0) V. GL Deductions a) Contracted Services g -) b) Debt Service c) Water Department Only 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) I) 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) VI. Operating Expenditures(GL) �! 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 City of ac' ?al'- qi.,.Q.-,c /,-- Date ce, - ` 0 1 1. Golf course annual receipts: ins Number of golf carts: 2. Street mileage: a 6 (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: 4. Water Department payroll: / 0`L< (r 50 Total gallons of water pumped annually: 2 co, 000 , OCO (Round to nearest million, i.e. 2,500,000 should be 3,000,000) 5. Electric Department payroll: IA©v•-it- 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: v\. Store 1 Store 2 Store 3 On Sale Off Sale 11. Number of seasonal swimming pools: ✓\«- 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: 14. Number of water slides: Height: Length: Location: Seasonal: Year Round: 15. Does the pool(s) comply with the Minnesota Departme t of Health revised Chapter 4717, Public Swimming Pool Rules effective January 4, 1995, conc rning water depth requirements for diving boards and pool decks? Yes No 16. Number b of staff attorneys: te.■ 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 X LMCITAPP.01 (I1/97)(REV. 11/00) PAGE 7 OF 19 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST MUNICIPALITY QUESTIONNAIRE DO NOT LEAVE ANY SPACES BLANK IF NO EXPOSURE PLEASE INDICATE N/A OR NONE City of 3 L ?c.c,,r k Date -o ( 1. Does the city own or operate any of the following? *Mun,c►pal *'L►m�ts of **Type of **Is fhe c► named as tY Coverage Provided by Coverage provide^d by anadditional insured Governmental Coverage Des►red Projected the tither insurance the of ter insurance on the"otherr i su ar nce'' Body or Entity (Mast See Below) Expenditures ompany company com an s olio f;Applicable). 4(IfApphcabie} � (Jf'Applicable) . Hospitals _Yes K.No Yes No Nursing Yes No __Yes No Homes Health _Yes No Yes No Clinics Airports _Yes 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. LMCITAPP.02(11197)(REV. 11/00) PAGE 8 OF 19 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 the extent of coverage provided under this covenant to the named board, commission, authority or 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. 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 w Municipal Liability Projected �� Projected Additional Governmental Body or Entity Coverage Desired Revenue i Expenditures 7Information Gas Utilities Commission Yes No Questionnaire Needed Electric Utilities Commission _Yes x_No Questionnaire Needed Steam Utilities Commission Yes - �No Questionnaire Needed Port Authority Yes )( No Need Full Details Housing & Redevelopment Authority _Yes — No Need Full Details Economic Development Authority Yes _ No &I, — Need Full Details Area or Municipal Redevelopment _Yes < No Need Full Details Authority Municipal Power Agency _Yes X No Need Full Details Municipal Gas Agency Yes -X._No Need Full Details 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? Municipal tit 4„,lisq,7077, pro�ec ed Projected d> ion Co Governmental Body or Entity verage Desired Revenue Ex enc liar es � �Inrormation Welfare or Public Relief Yes )<No Need Full Details Agency School Board _Yes >< No Need Full Details 4. Does the city operate a dump or landfill? I46 What type of material is deposited there? Is the area fenced to keep out the public when closed? Is the area attended during open hours? 5. Does the city own or operate a marina? ✓I d 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 g 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 6. Dams classified as Class I or Class II by the Commissioner of the Department of Natural Resources or an y dike, levee or similar structure - bur bursting or ( s ing 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: k&- 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 ro'ects anticipated for this coming J P gY ear. tit'Q 4 e. +p _ [� v ._e � c: -, ... 8. Parks and Playgrounds A. Description (including area) of each park or playground: B. Description of playground equipment on each: 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? in6 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, pulling or speed or demolition contest or in any stunting event. This would P g p Y g 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 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 L. Tobo gg an or Tubing Slides Yes No M. Trampolines Yes No If any of the above are operated by others, please advise if the city is named as an additional insured and the policy 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,,-.4-ve,c :RC4 w e „if 2.c,,i)cv f Payroll of paid firefighters: �'`�' Number of volunteers: c - Number of fire trucks: Describe any any fund raising activities or celebrations by the firefighters or relief associations: 12. EMT's and Paramedics v, (c4, 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(11/97)(REV. 11/00) PAGE 13 OF 19 • LEAGUE OF MINNESOTA CITIES INSURANCE TRUST 13. Law Enforcement Total law enforcement payroll: 6,)3, `-;"(36) Number of law enforcement vehicles: 7 Number of Employees by class: Class A (Full-time): q A (Part-Time): 0 Class B: C' Class C: (') 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: ✓tiG Describe any jail or detention facilities maintained: ( - co `` - ' ( ' 4 Maximum holding period: c cd2Qoto' d. G.- 14. Grandstands and Stadiums A. Number and location of each: I - �c_Q._ 7c (, C o n'►Q.r B. Seating capacity: 14,0 C. Type of construction: D. Permanent or temporary: 1 15. Wharf or Docks - Describe: V�c> LMCITAPP.02(11/97)(REV. 11/00) PAGE 14 OF 19 • LEAGUE OF MINNESOTA CITIES INSURANCE TRUST 16. Street or Road Construction or Maintenance Annual expenditures: (2- :9 Li g 0 'r` - d< How much work is sublet to others? alj.- - , "r- . 't ''= Are Certificates of Insurance obtained indicating adequate limits? tr. Is any blasting done? WS' 17. Please describe any contractual agreements the city has entered into such as: A. Mutual aid: C.-., - - 4 C c G�„ B. Police or fire protection: 1.27CulitgOV C. Other. Describe: 18. Joint Powers Boards are not covered. However, they may be considered for coverage by submitting full details in a 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? v\d" If so, please give full details. 21. Any other pertinent information not covered above: LMCITAPP.02(11/97)(REV. 11/00) PAGE 15 OF 19 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST 22. City was created in: t Cti ct (Year) 23. Names and official titles of the Members of the Board of the City: (City Council) Name Official Da V � . €64 U (i? 24. Fiscal Year *Revenue *Expenditure Fund Balance At Year End Projected Year y 202 /FS `/(7378'75 6 S/ - 08% 2.000 Current Budget CY-4 6 "/y 7 7-7 - 19 Qq _ 1st Prior Actual S let�,i'2.-(7 7 03W/ (o"5°! Ce 0 7 ( ((,,,F 19 a 2nd Prior Actual 351/C0`I3 t G04t (4/Li 7g'‘5 `77 Cp 19 C(7 3rd Prior Actual 3,ea5;q1 I 3 '5t("t 3g1(' (p, 23o, '2_94- *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: 3 015-000 r 70 6"--9 7 b. Latest Moody's and/or Standard and Poors' bond rating: LMCITAPP.02(11/97)(REV. 11/00) PAGE 16 OF 19 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST 26. 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. c. Wrongful or alleged wrongful approval of building plans, designs or specifications. d. Wrongful or alleged wrongful approval of building construction. e. Allegation of unfair or improper treatment regarding employee hiring, remuneration,advancement or termination of employment. f. Disputes involving integration, segregation, discrimination or 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 135-6kl5., 32. meck vik., ib trech. Number of building permits issued: 90).."--- 16 i Q-rkee , 41 QLbS. 1 511r% Number of variances: Granted - Denied Number of conditional use permits: Granted Li _ Denied 0 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) No Are you a participant in the Metropolitan Council Livable Communities Program? Yes X No What year did you join? 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. elt; , COPY OF CONTRACT MAY BE REQUIRED BY LMCIT FOR ANY/OR ALL ADDITIONAL B E L O W ADDITIONAL COVERED NAME ADDRESS PARTIES INTEREST 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 performing the actual railroad construction project. LMCITAPP.02(11/97)(REV. 11/00) PAGE 18 OF 19 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST AUTOMOBILE LIABILITY AND PHYSICAL DAMAGE CITY OF l/ i)cC" L �✓1. 1. COVERAGES: 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 $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 If yes, please indicate type of individuals or groups: If yes,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 aged 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.) Unit. x yp Dept Used urren � ndica e ifPhysi a Fi No., Description of Vehicle Serial# AW Value(or4.tm amagTrucks 1 2 3 LMCITAPP.15(11/97)(REV. 11/00) PAGE 19 OF 19 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST NO FAULT SEWER BACK-UP COVERAGE APPLICATION APPLICANT: O AGENTS NAME: L G'►^ 4+n ' S�Kv • TELEPHONE NUMBER# PvSi Vti.-3333 1. Inspection and maintenance program Does the city have an inspection and maintenance program?[ J Yes [ J No Please describe briefly or attach a copy of the program. I S�w2,i Lleu01..15 1f s bv,15(7-0-c1 37-O S ��,,� cycle 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? [ J Yes [ J No Please describe briefly. Ar-e—s c,,re Qx y9 -c'P rid T cwt a 'Iew $ a,�2 3. Emergency response system Does the city have a procedure for providing 24-hour/7 day emergency response to sewer back-ups? N Yes 11 No Please describe briefly. c)-1{ ‘40.71;._ wo✓Ks rk., -h1,-r\e pe,-50(\nel h . z ( e,-S, -j-he Y, F} >e� tr0y {=o.ertic,,n <:j-r€,- ho∎,,rs Ve 1 urTs. 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? [ J Yes N No Please describe briefly. 1"1,c -crro 7)0),-r o„ r-Pcu,L(s UC'tl ntiSOv,�Y� ■ r��jE. C'r �1 �`� S7r�C �i✓P� tir'� car i7�j1�d - ka/ v-C. ✓E')o,jrrc1 to 14-,1.'1,r6,1 15-C 1-ht LMCITAPP.SEWERBU(11/00) 5. Documentation Does the city maintain written records of its normal maintenance and inspections of the sewer system? VI Yes ) ) No Does the city maintain written records for its cleaning and inspection of problem sewer lines? 1t1 Yes H] No Tn vu ce5 6. Planning Does the city have capital improvements planning in place to remedy any ongoing problems with its sewer system? ]x] Yes ] ] No Please provide details including a description of the plan,availability of financial resources and timetables. 11,z_ C T )',,g G. ye )L-,THy) Et I lvr t i-s ri €'S 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(1 1/00) LEAGUE OF MINNESOTA CITIES INSURANCE TRUST PUBLIC 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: $ t 00000 (Standard) • Bond -Employee Faithful Performance Coverage: $ l 00 00 0 (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. . 50(000 (au, .) L AUDITS: FREQUENCY: BY WHOM?: CPA �C STAFF AUDITOR C4.A OTHER(Explain Fully) DATE OF LAST AUDIT: DISCREPANCIES?: YES NO X / —3 I —0 0 (If YES submit copy of audit or auditors comments.) LOSS HISTORY(LAST 5 YEARS): EMPLOYEES POSITION WHICH CAUSED LOSS: CORRECTIVE MEASURES TAKEN: WILL THERE BE A SUBSTANTIAL INCREASE IN THE NUMBER OF EMPLOYEES DURING THE TERM OF THIS BOND? o INTERNAL CONTROLS: 1. ARE BANK ACCOUNTS RECONCILED AT LEAST MONTHLY? YES k NO 2. IS THE PERSON WHO RECONCILES PROHIBITED FROM MAINTAINING BANK ACCOUNT RECORDS? YES K NO 3. ARE ALL PERSONS HAVING AUTHORITY TO MAKE BANK DEPOSITS OR WITHDRAWALS. PROHIBITED FROM EITHER MAINTAINING RECORDS OR RECONCILING THE BANK ACCOUNT? YES NO 4. IS COUNTERSIGNATURE OF ALL CHECKS REQUIRED? YES NO ADDITIONAL COMMENTS: LEAGUE OF MINNESOTA CITIES INSURANCE TRUST CLASSIFICATION OF EMPLOYEES BY DUTIES OR RESPONSIBILITIES This classification under Class A, B and C constitutes the cities personnel as of the date of this application and should include Mayor and Council 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: 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,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 ,`+�( ✓ O '. (. OCCUPANTS �1'I1LINGe t7,le.iW t <u��c�1 w,ev-+„ham/ Ll l-1.« a_ vntiy�� Oct w,' Chet/- I l') Oirec;o/ 1 "ui0 co),0,�,,vv\,7y Oev, se(. Total Class A 1-6 CLASS B EMPLOYEES All personnel whose principal duties consist of: 1. Inside or outside clerical activities; 2. Office work such as stenography,typing,filing,switchboard operation,business machine operation etc.; 3. Operation of vehicles transporting passengers for cash fare or tickets. POSITION #OF OCCUPANTS POSITION #OF OCCUPANTS POSITION #OF Sec. -��,�,n/4,..)C.0 6 w's 1 OCCUPANTS Total Class B _3 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 l�c C(±tcr: 5t' Ph b1�'�L �,LS �w�olu7�e5 2 OCCUPANTS Total Class C ID LMCITAPP.PEB(11/97) PAGE 2 OF 2 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST BOILER AND MACHINERY APPLICATION ADMINISTERED BY: BERKLEY RISK ADMINISTRATORS COMPANY,LLC 145 University Avenue West St.Paul,MN 55103-2044 APPLICANT: INSPECTION CONTACT AT CITY: TELEPHONE#: AGENT'S NAME: TELEPHONE# 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? Yes No If yes,please provide description and amount: 4. 100%Replacement Cost Values of Building,Municipal Personal Property, Personal Property of Others: $ * 5. Non-Referral Occupancies Deductible: $ * Does not 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 _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 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 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 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. LMCITAPP.BOILER(11/97)(REV. 11/99) 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 ((p )2651)281-1200 City of O L t Jrr" (L ..?■ c s Date O ~ S —01 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 x No Special Note: The liquor liability primary limits must be$1,000,000. Employers Liability: Carrier: L_P 1 Limits: ( /d 0 000 Policy Number: Policy Period: Z —7 — 02 0O0/ ZOO I Does applicant now have or contemplate any exposure under: (If yes, attach sheet with payroll figures.) (a) Jones Act or Admiralty Jurisdiction Yes S( No (b) Federal Railroad Employees Act Yes No (c) Federal Longshoremen's&Harbor Workers Act Yes X No To what extent does applicant have primary insurance to cover these exposures? r�4 IF THIS IS A RENEWAL,PLEASE INDICATE IF RENEWAL IS TO BE BOUND: YES NO ,Note: Coverage is excess of LMCIT coverages only. Some of the coverage is not follow form. 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 SUBMITTED BY: � '<< t n PRODUCER: i cw'-- Pc t IV. �y ff ��} ADDRESS: ?� �O k 1 g b �C,v� Ltxc, r-i S 50 2-5APPLICATION FOR OPEN MEETING LAW DEFENSE COST REIMBURSEMENT S T 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. C 44,1 c,A octQL P 2. Principal Address: ()o/c- PCUr(C {- Lo ( 41A/ -S5OE'2 —Cpct )(, 3. If Joint Powers enti ty, identi fy participants: (4.. 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. $>{ rn r. '<}}}}:::,}{::}}}:.:•}�::{::ii>:}5}::� i• ' .kSi}••' vG' •.•?5;:•:i..}:•}:}:•}':•iv:•:.:+i>:+:}}:is}'.% :5:7441:...n:,•. .:}:m:.,;.+r. 41A .1.:::: •:'1:55:is •4 n. ?•:v}'{j}i:{:{•,+.:ti5 is {:4., �y�j,r�,µ • .:1:i :::,:,•.•}:v}:•} }:+:i'r+}.:w::.v:.•`.•`•;P+�............,v,:.:.:}::,:.}.:vi.:4Y.;:.v.::}}}:}:.{.;..;.!...}.,,,. =a ?:{:r y{} .....:4:•:4,"::::. ...,..,,:.:.,.. 1.r r...::v:?•...i......:.......n:;}:n.::i}}:•}}:}•....................:.:.4:;•x:::r�':.... .n...Y........... •}};r:5 . ;;5}1111$}:• Stiy ,.:::::.:.:.:.4..•;.:::;::...}.: r..:{•..{,}x55;+::•:•;,:;+:r,}}'rr•4 ,.. ..... .4.51.,/•.. ........................... ... :1:55.+.4• :.:..}:. ..f.+`}: r..,. ::. ,.,...:::.;�:::::::•}}}:::555•:•::.:,<.}:•:;:}:.:}}4::::::;:;}}},:r5:. +....,.�:�..:.,: tlt 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 ic NO If YES, give details: 3. What action has been taken to prevent future incidents or claims? LMCITAPP.OML(11197)(REV. 11!99) PAGE 2 OF 3 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST OPEN MEETING LAW 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: J44.S �ecus 2. Have all new members attended the League Conference for Newly Elected Officials? X YES NO 3. Do all officials understand the Open Meeting Law and the Cities' compliance procedures? x YES NO 4. Description of method of documenting official meetings (written, audio, video, ...): 5 MA AR- c,A.). 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: Y YES NO b) Employment practices: iCK YES NO 7. Please indicate the percentage of reimbursement of defense costs. 80% 100% -' BY: (Signature and Title of Authorized Representative) LMCITAPP.OML(11/97)(REV. 11-99) PAGE 3 OF 3 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST Administered By: BERKLEY RISK ADMINISTRATORS COMPANY, LLC 145 University Avenue West St. Paul, MN 55103-2044 (651)281-1200 SUBMITTED BY: PRODUCER: ADDRESS ZIP: APPLICATIO FOR MINNESOTA PETROFUND SUPPLEMENTAL RE. BURSEMENT AGREEMENT APPLICANT'S INSTRUCTIONS: 1. Answer all questions. If the answer is NONE,please st. e NONE. 2. If space is insufficient to provide a complete response, atta• a separate sheet. 3. The application must be signed and dated by an authorized re. esentative of the City. 4. PLEASE READ CAREFULLY THE STATEMENTS AT THE ND OF THIS APPLICATION. APPLICANT 1. Name of City or other public entities to be covered under the Agreement. LMCITAPP.MPRAAP(11/97)(REV. 11/99) PAGE 1 OF 6 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST 2. Principal Address: 3. If Joint Powers entity, identify participants: 4. Designate the public official primarily responsible for environmental protection: NAME: TITLE ADDRESS: TELEPHONE TANK SITE INFORMATION 1. Please list and describe all active and inactive underground and above ground storage tanks on the attached storage tank schedule. This list must include all tanks acquired through the Housing and Redevelopment Authority and the Economic Development Authority or any similar department/agency. 2. Are all tanks registered with the Minnesota Pollution Control Agency? + YES NO If NO,please explain below: • LMCITAPP.MPRAAP(11/97)(REV. 11/99) PAGE 2 OF 6 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST 3. Do all tanks including piping meet all local storage tank regulations? YES NO If NO, please explain below: 4. Do all tanks including piping meet all state storage tank regulations? YES NO If NO, please explain below: 5. Do all tanks including piping meet all Federal storage tank regulations? YES NO If NO, please explain below: 6. Have you received any complaint or notice that any of your tanks including piping are leaking or have you any other indication that any of your tanks including piping are leaking? YES NO If YES, please explain below: LMCITAPP.MPRAAP(11/97)(REV. 11/99) PAGE 3 OF 6 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST CLAIM HISTORY 1. List individual petroleum tank release incidents or claims and damages/expenses: Date of Describe Injury Amounts Paid Incident or Damage or Reserved Location 2. Identify your tank sites that have been the subject of environmental litigation,claim or administrative prosecution or complaint. Please give details: 3. Are you aware of any other incidents or conditions which may result in a claim against you? _YES NO If YES, give details: 4. Have you ever performed any remedial clean-up actions at any of your tank sites? YES NO If YES, give details: LMCITAPP.MPRAAP(11/97)(REV. 11/99) PAGE 4 OF 6 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST The undersigned authorized representatives of the Applicant represents to the best of his/her knowledge the statements herein are true, and it is agreed that this application shall become incorporated as a part of the Minnesota Petrofund Supplemental Reimbursement Agreement if accepted by LMCIT. LMCIT is hereby authorized to make any investigation and inquiry in connection with this application as it deems necessary. Dated at this day of ,19 (Name of Applicant) BY: (Signature and Title of Authorized Representative) P ) LMCITAPP.MPRAAP(11/97)(REV. 11/99) Page 5 of 6 Oy 'o c 0 Qcia O U O E c H0 V 'o 0 C7 a 0 o S4 Eg .Ov E ' c_i C7 CG O 00 Y u •Q g • C) � y 0 C) N_ n ON a v el 5 g c o g L ° ¢ Ca LEAGUE OF MINNESOTA CITIES INSURANCE TRUST LIQUOR LIABILITY APPLICATION ADMINISTERED BY: BERKLEY RISK SERVICES,LLC 145 University Avenue West St. Paul,MN 55103-2044 APPLICANT: AGENT'S NAME: TELEPHONE# 1. Effective Date: Name of Licensee: License# 2. Limits of Liability:b hty: $ Per Claim $ Annual Aggregate 3. Receipts: Alcoholic Beverages$ (Past 12 months) $ (Estimated next 12 months) 4. List of location covered and their operations Location: Operation: Location: Operation: 5. Underwriting: (A) Has the applicant or any employee,officer or licensee incurred any claim for liquor liability in the past 5 years?s. [ ] Yes [ ] No If yes,ex Y �explain: P Is the applicant aware of any incidents which may lead to a claim? [ ] Yes [ ]No If yes,explain: (B) Have there been any fights or assaults inside or outside the locations among patrons in the past year? [ ] Yes [ ]No If yes,give details: Have there been any incidents of any employee, officer or licensee using reasonable force to remove patrons? [ ] Yes [ ]No If yes, explain: (C) Does the applicant provide for their employees PP P rov p yees to receive formal training in the following areas: Operations? [ ] Yes [ ]No Handling of minors? [ ] Yes [ ]No Handling of intoxicated customers? [ ] Yes [ ]No How often is the training done? By whom? Does the applicant provide any additional training?�n Yes s No g [ ] [ ) If yes, explain: Page 1 of 2 (D) Has the applicant,or any owner, partner,officer,member of licensee ever had a license revoked,refused or suspended? [ ] Yes [ ] No If yes, give details: (E) Previous Carrier: Exp. Date: Premium Policy Number: Limit of Liability Has insurance coverage ever been canceled or non-renewed? [ ] Yes [ ] No If yes, explain: (F) Years in business at this location under current ownership If under 2 years, give previous experience (G) Has applicant or employee ever been fined or cited for violations of a law or ordinance relating to sales of alcohol? (After hours, minor, etc) [ ] Yes { ] No If yes, explain: (H) Normal Open/Closing hours: Mon-Thurs Fri Sat Sun (I) Does applicant have entertainment: [ ] Yes [ ]No If yes,type: (3) What is the turnover of bartenders? (K) Is there a documentation procedure in place for incidents? If yes, explain: 6. Do you have any special events sponsored and controlled by the liquor store? [ ] Yes [ ]No If yes,please describe Coverage is excluded. An endorsement is necessary. Please let us know if you want coverage. 7. Do you have any other special events that is not sponsored or controlled by the liquor store? If yes, explain: • Coverage is excluded. An endorsement is necessary. Please let us know if you want coverage. 8. Receipts On-Sale Receipts Off-Sale Receipts Special Events #of Days By: (Signature and Title of Authorized Representative) Page 2 of 2 \AA) ?o,feys rciv 4 O r o > 2 A 2 in c o A A ID 22 O a 2 r 2 x > M X 0 m • m m x 4. 1 A to N A n 9 2 0 n r N O n V i ID P 0 to • M o 0 0 0 0 0 x o 0 0 0 0 0 O N A U N r r M w A M r r r r r r r r r r r r r r r r r r r 4< X b m to b In 0 0 to to A 1C ID ID to b to to to 40 to to to m 0 ✓ b to to to 40 0 to 0 0 b to to b to to Io to m m Co Co I. 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Z > r a > I•• Vs 70 -4 H r -0 C 70 W -1 c 0o r Ao 70 70 0 a X 70 z oo a H X 70 X X a UI n w m > 7C n C co m w m m co m N c H z c H c rr" f-- C co C -t C) v v v co Z -4 z z z H a 3 H 9 r C 1 0 a. o r 4 x n b y to v -v v w co to w w wnw CO CO w wnw -1n x 0 r H H H H H H r r r r r r z r r r r r z r 0 v o 0 0 0 0 o v 0 v v C7 0 -I v C7 v 0 v 0 • < w,y 1.. F.. `.+X 0 cn - r H w Vt N UI • a V1 UI 0% W W V 0% co co 03 V W as Us r 0 N V0 1•+ %0 0 0 n W H as V 0 N 01 UI UI UI 0% CO V o N V F 0% r 0o H 0 1 - '. v - .- - 5. 1. V v N. . b ... •. b . b C 41 0 CO W CO 0% N /+ 0 0 0 0 CO 0 0 0% 0 r W 0 W 1 CI m VI 0 W 0 a 0 Os 0 0 0 IN 0 0 0 0 Os 0 VI 0 0 o O O --4 CT d II 3 X 3 3 3 3 3 '11 fI 11 L 11 '11 3 3 11 L 'n 11 3 3 0 3 0 (y 70 70 70 A 70 .'O 7D 70 A 70 3 a 70 70 70 3 70 w 70 70 O 9 V t.* vl N O Z Z Z Z Z Z Z z z z z z z z z z z Z Z Z Z 0 0 Z M• K I 3 I •. >• o n V 4 0 0 v3 r) 0 C0 N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2. 'O 0 0 •-s Ol H `-1 C Or 14 ON 0 0 0 C fi V CI h. .R H 0 Y IIIII 06/25/2001 MON 15:44 FAX 6514647596 LANDMARK INSURANCE 411001/002 JHN-1W-dt101 tih b LtHUUt Ur MN t.l 1 !tb ble N.ideAdi LEAGUE OF MINNESOTA CITIES INSURANCE TRUST NO FAULT SEWER BACK-UP COVERAGE APPLICATION APPLICANT: C'141 0-C doff. flaw AGENTS NAME: 1-&-"cL eykrA4 -Sex`I . TELFPRON!NUMBS (e5 1 • f' —.33 3 3 1. Inspection end maimtencnce program Dote the tits Dave an ii epectton and meistenaacs program/ Yes[]No Please describe briefly or attach a copy of the program. y�l.Ar _ 2. Problem area identification procedures Dom the city have in piece procedures for identifying end abating problem areas le the system that may require more frequent inspeetion.ar cleaning?[(Yes[[No Please describe briefly. r ''II, w IS V. - f ,e s✓ - • pk .p J: f r P - 'fi r v eet f 3. Emergency response system Does the city have a procedure for providing 24-hourl7 day emergency response to sewer back-ups? W Yes 11 No Pirtle describe briefly. An 4 f1 f` -� a •A p a H I G,.r r t.__t� s►.P.�'1 !� ��r ; - •firms w'•IF -es r f ✓ fs 4. Inflow sad 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 4 No Please describe briefly. hw3�� r e In ? wA7- -- r cyst • ( t.% a t1 s( -v vvrf .d t . P y- • f .-�tit -P 4e , f e :t< / 6' .rn.` •' c. . -e 7641 e r K •F I• .4- LMCITAPP.SEWERBU(1 1/00) t3°f - 1357 `E C Zr C N 3 • o 3 0 3 0 .. 11 o v o Z I .C = ►• 3 0. w \ 0 0 7T r M > 0 0 M 1-1 00 0. 0 1-. Z 1 o 1 C m SI m 1 o H 3 w --1• ->i m NC m m 1-1 r .. 70 o r N. - z 1-. • 0 In 12 C u+ ul m w 0 11 N O 0 Z 00 27 V -Im w I- 1-1 I- >> 7 S H N > Z C M • a a OS O r x • 4 b • y 07 n - 0 : o o � < tt It m x Xi y y a X c Col r-. ovl • `m W V W C v r) I.N. oo vUi o • - til a 22 a y � r m .+ 0 1r X N O `+, O < 12 O w N Z \ 1 0 0 C Z 1+. IC 70 I 3 I .. M F o n V4 O n O O \ N O N � v 0 C""41 A ON d NC 3 'F d to a) r F r 06/25/2001 MON 15:44 FAX 6514647596 LANDMARK INSURANCE (1002/002 01/10/2001 WED 13:26 FAX 6514547596 LANDMARK INSURANCE Qh003/C TAN-10-2061 0958 LEAGUE OF MN CITIES 612 281 1298 P.03/0 S. Documentation Does tan city maintain written records or its normal maintettanee and inspections of the sower system? bdYef I l Net x'K,,e6," -os Does the city maintain written records CO its cleaning and inspection of problem sewer lines? Yea[J Na 2-1.4 6. Planning Does the city have capital Improvements planning in place to remedy any ongoing problems with its sewer system? )1 Yep[1 No Please provide details including a description of the piaci availability of financial resources and timetables. . * r r .►-,.w r ,`fa r vi s - t f 1 1‘.-if- 1 (e �vrc, f e 7. Special Note;No fault Sewer Back-up Coverage cannot be bound until the city has met the underwriting criteria and has pasted a No Fault Sewer Back up Resolution. By: - (Signature and Title ofAutbgrised Representative) 1.MCJTAPP.SEWERBU(11/00) 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: General Fund o? W2 Jf ( Debt Service ,<0 3 3Sz Enterprise Fund 1 U ct 5S—C2 Port Authority n — Special Revenue Funds /3 034., Nursing Homes Capital Improvement Funds Hospitals — Airports r Clinics — HRA v Other(please describe) _ EDA —0 _ Line H 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. PLEASE ATTACH A COPY OF THE LATEST CPA AUDIT AND/OR THE PROJECTED BUDGET(WHICHEVER REFLECTS THE EXPENDITURES ON THE WORKSHEET). THIS INFORMATION WILL ASSIST UNDERWRITING IN ANSWERING ANY QUESTIONS WITH REGARD TO THE EXPENDITURES WORKSHEET. LMCITAPP.13(11/97)(REV. 11100) PAGE 4 OF 19 LMCIT EXPENDITURES WORKSHEET City Budget Year A. 0© / ►. All Expenditures y 3 3 7 �'7 s— I1. Transfers /, III. E& 0 Deductions a) HRA b) EDA c) Port Authority d) Nursing Homes — — e) Hospitals f) Airports g) Clinics o h) Utilities(Water, Electric,Gas and Steam) i) Liquor Store Cost of Goods Sold(if included in L) o _, IV. Adjust Total Expenditures(E&0) o _, V. GL Deductions a) Contracted Services 64- b) Debt Service c) Water Department Only d) Electric e) Steam _ o 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 o — 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. D m) Special Deductions(List and Describe) . 3O, 0 0 0 ( -CnLirannl.'4&i t7tS- oi-cr VI. Operating Expenditures(GL) 2, 3 7, .� 2 LMCITAPP.I I (I I/97)(REV. 11/00) PAGE 5 OF 19 !II ,_—_____, _____. _._..__ ____ !r ,E -9-t,-' v �� s to 1 To 'to,t ..-.. _ »_L d ._..... . .._.__ _._.._._ 7 CC.,� /0 ..vt�- �_ to t t_.� ,.,. 2Zoo-v °12, `x' S-ita- a___`0 I (0 _.. _._. ,, _._4 000._. i 5 o Oc7 C,c.rL� /6/ + (9,2,,,,_.-G_ 703, ' Q.L11/_ 17, SO o._.�._ r o .1- (-ctqu Ps /6/4- 7 off -7 3 A-Y°1..,.,,. 9.T1, v 1 I, °"v A2-.....-----. -'" °"`"`., X_.__.._ _. .__ /3, 0 h"'(2`)- C.1 /O( S J` 0 0vJ `cam • , j .” /25-- %iF i V er- .,..0.6-1.) .s7. 71.N"/1<c_ ____ h*- --a - -01.1.-d ... �-- { to I To Kdl o .._..- __._....._..._ /d vc.L. 1 10 l .. ._.Z �»g -os-v 2, `l FrD. . /o + 7c22 _ .703Typ.%.,J1J <4v_ )7, Soo to_u ,cSc 0017 /o/ 51 6.O Doc) u�'" /7) •�.......ae..�.. ._,......-.-,,....,...........-_..may.y.+1.._.._.. _..._..,.._. ._ _ .._..-. .. - INSTRUCTIONS I. All expenditures - include all operating expenses, capital outlay, capital projects, debt service (principal and interest) for the following: General Fund 2,253,195 Debt Service 539, 700 Enterprise Fund 901,300 Port Authority 0 Special Revenue Funds 4,000 Nursing Homes 0 Capital Improvement Funds 166, 200 Hospitals 0 Airports 0 Clinics 0 HRA 0 Other _ Construction 977,000 EDA 22 ,000 II. Transfers III. Please list the expenditures for the categories shown in Item III. a - I). These expenditures may be deducted if LMCIT is NOT providing E & 0 Coverage for these operations. IV. Adjusted total expenditures is the total expenditures for those departments and operations that have E & 0 Coverage with LMCIT V. GL Deductions: A. Please list expenditures for the categories shown in Item 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. 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. LMCITAPP.13(I1/97)(Rev.2/99) PAGE 5 OF 19 LMCIT EXPENDITURES WORKSHEET City Oak Park Heights Budget Year 2000 All Expenditures 4, 863,395 II. Transfers 203,625 III. E&0 Deductions a) HRA b) EDA 22,000 c) Port Authority d) Nursing Homes e) Hospitals f) Airports g) Clinics h) Utilities (Water, Electric, Gas and Steam) I) Liquor Store Operations(Cost of goods sold) IV. Adjust Total Expenditures (E& 0) 22,000 V. GL Deductions a) Contracted Services 1,630 ,850 b) Debt Service 539 ,700 c) Water Department 185 ,080 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) 220,000 Met Council—Environmental Svcs.—Sewer VI. Operating Expenditures(GL) 2 ,062 ,140 LMCITAPP.13(11/97) PAGE 4 OF 19 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST CLASSIFICATION OF EMPLOYEES BY DUTIES OR RESPONSIBILITIES This classification under Class A, B and C constitutes the cities personnel as of the date of this application and should include Mayor and Council 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: 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,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 OCCUPANTS iry fr%irc.m✓ i (on" .,v.rvr� Per_ OK; ) r'I'vc via QvecTv✓ I Coy ' r'ew,lj2-/ LI l/g1cco 7tt.n? a oicAyor r'c(m i�brwrilre&5/5t4err- (' /14 j -r i/ie Su.-• eot(cQ cti(k . I°wb)r Wo kS Pfeol 1 Rwi► ��5 T,•Isfecrael ai I Oer. Sec• ) Total Class A 16 CLASS B EMPLOYEES All personnel whose principal duties consist of: 1. Inside or outside clerical activities; 2. Office work such as stenography,typing,filing, switchboard operation,business machine operation etc.; 3. Operation of vehicles transporting passengers for cash fare or tickets. POSITION #OF 0 PANTS POSITI N #OF OCCUPANTS POSITION #OF al � OCCUPANTS jC'L• Srrre{n jLochlGa%� � fo i;ce, in,.-¢c.key Total Class B CLASS C EMPLOYEES All personnel whose principal duties consist of I. 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 Po(;�e off tf «' OCCUPANTS f�b l-. Wo-to e,+i 1,ree5 Total Class C l 0 LMCITAPP.PEB(11/97) PAGE 2 OF 2 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST PUBLIC EMPLOYEE DISHONESTY OR PUBLIC EMPLOYEE FAITHFUL PERFORMANCE COVERAGE APPLICATION ADMINISTERED BY: Berkley Risk Services, Inc. 145 University Avenue West St. Paul, MN 55103-2044 Limit of Coverage Per Loss: fDeductiblel • Public Employee Dishonesty Coverage: $ 100000 (Standard) • Public Employee Faithful Performance Coverage: $ 40000 0 - (Standard) • Public Employee Dishonesty Coverage with Faithful Performance of Duty for Specified Positions or Obligee: Specified Position $ 260000 * (Standard) Specified Position $, * (Standard) Specified Obligee $ * (Standard) Specified Obligee $ * (Standard/ *The specified limit of coverage is part of, not in addition to, the limit of coverage per loss. AUDITS: _ FREQUENCY: BY WHOM?: CPA X STAFF AUDITOR OTHER(Explain Fully) DATE OF LAST AUDIT: DISCREPANCIES?: YES _ NO (If YES submit copy of audit or auditors comments.) LOSS HISTORY(LAST 5 YEARS): EMPLOYEES POSITION WHICH CAUSED LOSS: CORRECTIVE MEASURES TAKEN: WILL THERE BE A SUBSTANTIAL INCREASE IN THE NUMBER OF EMPLOYEES DURING THE TERM OF THIS BOND? INTERNAL CONTROLS: 1. ARE BANK ACCOUNTS RECONCILED AT LEAST MONTHLY? YES 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 NO 4. IS COUNTERSIGNATURE OF ALL CHECKS REQUIRED? YES NO ADDITIONAL COMMENTS: LMCITAPP.PEB(11/97) PAGE 1 OF 2 Julie Hultman From: Kim Kamper[kkamper @cityofoakparkheights.com] Sent: Monday, July 02, 2001 10:34 AM To: 'Julie Hultman'; 'Kris Danielson' Subject: Questions I am working on the City's property insurance renewal forms. There is a question on land use liability that I need your help on- 135 8LDC�, 3 2 , 1ECh _ µiAc_ � I C Number of building permits issued: 11®2 l (9S 01-4(1-)z, y I PL B&. i 13 5/'6"/ Number of variances: Granted 2.. Denied 1 Number of conditional use permits: Granted Denied J I assume that they only need the last year. I am checking with them to make sure. Thank you for your help. Kim _ 44. +rad u _ wJd -65 -k) plyaked bd nuicat, r4- W 1 City Council Minutes -03-14-00- 6 parking in the turn lane, and no parking from here to corner from the stop sign. Roll call vote was taken. Carried 4 0. B. Budget Adjustment. Councilmember Swenson, seconded by Mayor Schaaf motioned to approve budget adjustments. Motion carried 3 - 1. Councilmember Beaudet opposed. C. Weight Restrictions. Councilmember Turnquist, seconded by Mayor Schaaf moved to authorize weight restrictions. Motion Carried 4 - 0. D. Met Council Grant Application. Community Development Director Danielson reported that grant funds would support development activities such as development of design guidelines, review of developer proposals, phase 1 environmental assessment and a schematic site engineering study. Councilmember Turnquist, seconded by Swenson moved to approve the Met Council Grant Application, Resolution 00-03-29. Roll call vote was taken. Carried 4 - 0. E. NSP Building C.U.P. Councilmember Swenson, seconded by Mayor Schaaf moved to approve NSP Building variance. Motion carried 4 - 0. F. NSP Cooling Cell Tower C.U.P. City Planner Richards reported that NSP would like a variance to expand on their Cooling Cell Tower. The Planning Commission approved the variance with six conditions. Councilmember Swenson, seconded by Beaudet moved to approve the NSP Cooling Cell Tower variance. Motion carried 4 - 0. G. Well #3 C.U.P City Council Minutes -03-14-00- 7 Mayor Schaaf, seconded by Councilmember Turnquist moved to approve the Well #3 C.U.P. Motion carried 3 - 1. Councilmember Beaudet opposed. H. City Newsletter. Councilmember Beaudet had some questions regarding the waste disposal article for the City Newsletter. There was discussion on white goods, construction debris and carpet. Councilmember Swenson directed staff to pull the article for now and rework the article for review at the Council Worksession. Staff will also have the date of the spring clean up at the next council meeting. VII. Old Business: A. Street Lighting. Mayor Schaaf recommended tabling to next Council Worksession. IX. Adjournment: Councilmember Swenson, seconded by Turnquist moved to adjourn at 9:52 p.m. Motion carried 4- 0. Respectfully submitted, Kimberly Kamper Administrative Assistant City Council Meeting Minutes July 25,2000 Page 3 of 4 Councilmember Turnquist noted that the only areas of the City in the q Y Y Brown's Creek Watershed District is the Autumn Ridge neighborhood and a portion of Boutwell's Landing. Only residents of the City are eligible to serve. Councilmember Beaudet, seconded by Byrne, moved to accept the information. Carried 5 —0. B. Stillwater Motors Conditional Use Permit Planner Richards provided Planning Commission recommendations regarding the proposed employee parking lot. Eric Galatz, attorney for Stillwater Motors, presented a letter to the Mayor and Council in response � p Y p to the July 7, 2000 Planning Report. Councilmember Beaudet, seconded by Byrne, moved to change condition 5 to require either surmountable concrete curb or B6-18 concrete curb. Carried 5 —0. Councilmember Beaudet, seconded by Swenson, moved to change condition 7 to allow the use of the sign to continue for it's useful life. Carried 5 —0. Councilmember Beaudet, seconded by Byrne, moved to change condition 11 to state that Applicant shall not extend the outdoor paging system to the employee parking lot. Applicant is encouraged to replace the existing system with a handheld paging system and is required to replace the existing system with a handheld system when the existing system fails. Carried 5 —0. Councilmember Swenson, seconded by Byrne, moved to approve the Conditional Use Permit with changes to conditions 5, 7 and 11. Carried 4— 1, Turnquist opposed. C. Authorization for Staff to Obtain Trail Cost Estimates Councilmember Swenson, seconded by Mayor Schaaf,moved to authorize staff to obtain estimates. Carried 5 —0. D. Cable Commission Budget Councilmember Beaudet, seconded by Turnquist, moved to approve the Cable Commission Budget. Carried 5 —0. E. Liquor License Fees Councilmember Turnquist, seconded by Beaudet, moved to set a Public Hearing for August 22, 2000. Carried 5 —0. s , City Council August 22,2000 Page 3 of 5 B. Set Street Vacation/Krongard PUD Hearing Administrator Melena opened the hearing and recommended holding a public hearing on September 11, 2000 to consider a street vacation. Councilmember Swenson, seconded by Beaudet, moved to set the hearing for September 11, 2000. Carried 5 —0. VI. New Business: A. Amendment to Ordinance Chapter 1008 —Underground Utilities Administrative Assistant Kamper advised that the City does not currently have an ordinance requiring utilities to be located underground. Administrator Melena reported that MNDOT will require an Ordinance to bury the utilities. Councilmember Byrne, seconded by Swenson, moved to refer this issue to the Planning Commission for review along with a right of way ordinance, with recommendations discussed at a future Council worksession. Carried 5 —0. B. Stillwater Area High School Greenhouse CUP Request Planner Richards reported that the Planning Commission recommends approval of this request with the conditions outlined in his report. Councilmember Swenson, seconded by Turnquist, moved to approve the CUP request Y pp q with the conditions recommended by the Planning Commission and one additional condition requiring City Council approval for future lighting. Carried 5 —0. C. 6120 Oren Ave. L.L.C. Site Plan Review Request Planner Richards reported that the Planning Commission approved the site plan at its last meeting with the conditions noted in Richards' August 14, 2000 memo. Councilmember Beaudet moved to set back a decision to research what rules were in effect when this building was built. Motion died for lack of a second. Councilmember Swenson, seconded by Byrne, moved to approve the site plan with the conditions recommended by the Planning Commission. Carried 5 —0. D. Fall Clean-Up Date Determination Councilmember Beaudet, seconded by Turnquist, moved to hold the Fall Clean-Up on October 14, 2000. Carried 5 —0. Minutes of City Council Meeting September 11, 2000 Page 5 of 6 B. Tree Planting Policy/Request City Arborist KathyWidin requested clarification of the Oak Park Heights Tree Policy relating to a request from Sunnyside I. Councilmember Beaudet, seconded by Byrne, moved to table this issue to January, 2001 for further discussion. Carried 4—0. C. Krongard PUD Continuation Planner Richards presented details of the proposed plans and Planning Commission Recommendations. r Councilmember Beaudet, seconded by Schaaf, moved to amend the Planner's report to remove condition number 15 and add to condition number 10 to require the developer to construct the trail easement in the same manner as the adjoining property. Carried 4—0. Councilmember Beaudet moved to delete condition number 17 and replace with a requirement for the developer to deposit$5,000 in escrow until all requirements of the development agreement are completed. Motion died for lack of a second. Councilmember Beaudet, seconded by Mayor Schaaf, moved to require that all development fees from all previous projects be paid prior to a building permit being issued. Failed 2—2,Byrne and Turnquist opposed. Mayor Schaaf, seconded by Turnquist, moved to approve the preliminary plat, final plat, CUP/PUD and site plan. Roll call vote taken. Carried 4—0. VII. Old Business. A. Dominium Letter Administrator Melena reviewed correspondence from Dominium and status of the CBD housing proposals. B. Valley View Boardwalk and Trial Report/Set Time and Date of Ribbon Cutting Councilmember Byrne, seconded by Turnquist, moved to hold a ribbon cutting at the Valley View Boardwalk on September 23, 2000 at 10:00 a.m. and to direct staff to invite all past Mayors, Council and Parks Commission Members since 1987. Carried 4-0. City Council Minutes September 26, 2000 Page 3 of 5 VI. New Business: A. City Hall Parking Lot Entrance During General Election Administrator Melena reported that some voters inquired during the Primary about opening the one way entrance to City Hall during the General Election. Police Chief Swanson recommended against opening the one way entrance to two way traffic, citing safety concerns. Councilmember Swenson, seconded by Beaudet, moved to maintain the one way entrance as a one way street during the General Election. Carried 4—0. B. Sunnyside Marina CUP/PUD Planner Richards provided an overview of the request and related the Planning Commission recommendations. Richards noted that this request has received DNR approval. Councilmember Beaudet, seconded by Mayor Schaaf, moved to approve the Sunnyside CUP/PUD request with the conditions noted on the Planner's report. Roll call vote taken. Carried 4—0. C. Mandt Side Yard Set Back Variance Request Planner Richards reviewed the request and related the Planning Commission's recommendation to deny this request. Councilmember Swenson, seconded by Turnquist, moved to deny the Mandt Variance Request. Carried 4—0. D. Zoning Ordinance Amendments: Establish a Public/Institutional District Planner Richards reviewed the proposed ordinance and related Planning Commission recommendations. Councilmember Turnquist, seconded by Swenson, moved to send this item back to the Planning Commission for notification of proposed changes to be sent to all affected parties and further review of the proposed changes with the affected parties. Staff is directed to provide a cost estimate for implementation of the proposed changes. Carried 4-0. E. Community Fitness Partners Request for Map Funding Jean Streeter, Washington County Public Health,presented request for funding to print maps of walking trails in the Oak Park Heights/Stillwater area. Lmc 145 University Avenue West, St. Paul, MN 55103-204 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 promoting excellence Web Site: http://www.lmnc.org November 16, 2000 To: Member cities and agents From: LMCIT Board of Trustees Re: Workers compensation and property/casualty rates and dividends Here's a summary of what LMCIT member cities will see for the coming year. • There will be no change in the overall level of workers compensation rates for 2001, but we will be adjusting the relative levels of rates for different payroll classes I' 'Jv- to reflect actual loss experience. These changes will affect cities differently, depending on which classifications the city's payrolls fall into. • Rates for property coverage will increase 10%. to 770. y~S` cot Xt.t.+A • Rates for liability coverage will decrease 3%. a5to03 • / ct,3,41. / za7(D- • Rates for auto liability coverage will decrease 5%. 33qq• • Rates for the Open Meeting Law Defense Cos t coverage and the Petrofund 540 Supplement coverage will decrease 10%. • Rates for auto physical damage, liquor liability, bonds,and machinery ,qct. breakdown will remain unchanged for the coming year. 0q kt41kt41- The liability rate decreases will offset much of the increase in property rates. Most cities CC o-7"$4 U G •) should see little change in their total premiums, other than those resulting from changes in the city's exposures or experience rating. • LMCIT property/casualty program members will share a$5 million dividend. ".,ea.j . � 55110. • The LMCIT workers compensation program will not return a dividend this year. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER` Workers compensation rates and dividends No work comp dividend this year. Our current estimates of what the ultimate cost will be for work comp benefits, both for year 2000 injuries and for injuries from past years, are slightly higher than what we had estimated a year ago. However, for 2001 the state has reduced the Special Compensation Fund(SCF) assessment rate from 30%to 20% of paid indemnity benefits. That reduction in SCF costs roughly offsets the increase in benefits costs. The "safety margin"that we build into the work comp rates is smaller than what we build into the property/casualty rates, but it did cover the slightly higher than anticipated loss costs for the current year. The bottom line is that the LMCIT work comp program essentially ran on a break-even basis for the past year. As a result, no additional unneeded funds are available to be returned to members as a dividend this time around. Rate levels.f i W 2001 or 2001. We estimate LMCIT Work Comp Premiums that work comp benefits costs in Average Rate per$100 payroll 2001 will be higher, but because the SCF assessment rate will be $6.00 lower, we're still able to hold the LMCIT work comp premium rates $4.00 to the same overall level. This k:! r will mark the third straight year of $2.00 no change in work comp rates, 1 following several years in which $0.00 rates dropped sharply. '91 '92 '93 '94 '95 '96 '97 '98 '99 '00 '01 The class rate adjustments. While the overall premium level will not change, we are adjusting the relative rate levels for the different classes of payrolls. LMCIT's practice is to make these adjustments every three years, based on LMCIT cities' actual losses by payroll class. These adjustments are one of the tools to help assure that the rating system allocates costs fairly and equitably among members. For most payroll classes, the current rates were not too far off from where the loss experience said they should be. Rates for volunteer firefighters and for volunteer ambulance services both needed to be increased appreciably to get them more in line with the loss costs, while rates for waterworks, building maintenance, and nursing home professional employees warranted significant decreases based on the losses. These class rate adjustments will affect different cities differently, depending on which classes the city's payrolls fall into. To temper the potential for a shock effect on premiums from these changes, rate changes for individual classes were capped at plus or minus 20%. But even with that damping factor, a few members could see a little more volatility than usual in their work comp premiums for 2001. What are work comp losses lookin g lik e? Th e picture doesn't look quite as positive as it did a year ago, but there are still some very positive trends along with a couple things we need to keep an eye on. Here's a snapshot: • The number of lost-time injuries each year dropped steadily throughout the `90's, and continues to be flat or possibly still dropping a bit in recent years. • The average cost per claim for indemnity benefits on lost-time injuries has decreased for each accident year since 1997. That's a very positive trend; all else being equal we'd expect to see indemnity costs rising proportionate to wage increases. This indicates that cities are doing a good job of getting injured employees back to work quickly. • The total number of reported injuries spiked up sharply in late 1999 and 2000. The increase seems to be in relatively minor injuries that don't result in lost time; so far at least we haven't seen a corresponding jump in the number of indemnity claims. We're not yet sure if this is a trend or just a temporary aberration, but in any case we'll need to watch this closely. If the injury frequency really is rising, it's virtually certain that some of them will eventually turn out to be serious. • The average medical cos t per cla i m has continued to decline ne sli htl for accident years since 1997. Given what we know about the cost of health care generally, this is very unexpected. Part of the explanation may be that prescription drugs, which are a major factor in rising health care costs generally, are a less significant element in the cost of treating injuries than for treating diseases. Nevertheless, it's still very surprising to see average medical costs decreasing, and it seems prudent to assume that this pattern will reverse at some point. Overall, what the data shows is that cities are doing a pretty good job of reducing and avoiding worker injuries, and of helping city employees get back to work quickly when injuries do occur. About all there is to say is "keep up the good work on employee safety." Property and liability rates and dividends • This years dividend. Members of the property/casualty program this year will share a $5 million dividend. If you need a quick rough estimate of the dividend your city will receive, figure 5/7 of last year's amount; it won't be exact but should get you fairly close. As in the past, the LMCIT Dividends dividend allocations will $140 million since 1987 be based on the member city's total premiums and $30,000,000--........._. ............ total losses for all years $20,000,000 — — —of participation. Cities can expect to receive the $10,000,000 dividend checks in mid- December. '87 '88 '89 '90 '91 '92 '93 '94 '95 96 '97 '98 '99 '00 The funds for this year's 0 Property/casualty m Work Comp dividend result from the - --- _ combined effect of several factors: • There's a"safety margin"built into each year's rates, in case losses should turn out greater than projected. • It now appears that total loss costs for the current underwriting year will be less than the rates were designed to cover. Most of that difference is in liability losses. • As liability claims from the 1997 underwriting year are closed, we now estimate that the total cost for those claims will be less than the reserves established for those claims. The LMCIT Board also decided to strengthen the program's retained fund balance somewhat, in order to be able to maintain investment income. Investment income is an important element of the p/c program's funding,providing about 12% of total revenues, and the premium rates are based on that investment income being available. The invested funds are a combination of loss reserves and fund balance. The total reserves LMCIT holds for losses and loss development have declined over the past several years. Increasing the fund balance helps assure that we'll be able to generate the needed investment income. If investment income were to decline, premium rates would need to be raised to make up the difference. Property casualty rates. Two main trends pretty much explain what's happening with property/casualty rates: • Member cities are doing a good job of controlling and reducing liability losses; and • Property losses have been high for several years running. Property losses have been running consistently high since 1997. A good part LMCIT Property Rates (but not all) of this pattern is weather- related; we've seen significant storm- $0.15 _........................................................................ ......................................._...................................._...._......_..........................: related property losses in each of the past several years. We've also seen several $0.10 -- 's large fire losses over that same period. The revised property coverage forms that $0.05 -- LMCIT introduced in 1997-98 may be a -; factor as well, since those revisions were $0.00 � '92 '93 '94 '95 '96 '97 '98 '99 '00 '01 designed to broaden the coverage and give cities better protection. We've also seen some increase in our property reinsurance costs. This is partly a matter of a very significant hardening in the reinsurance market, and partly a matter of several years of significant property losses in the reinsured layers. Because of increased loss and reinsurance costs, we've had to increase property rates in recent years. Liability loss experience, on the other hand, General Liability Premium Rates continues to look positive, with total liability loss costs holding stable. Cities $15 _ —are continuing their success in reducing and g ° $10 avoiding employment liability claims, and = the number and the cost of land use a . $5 litigation claims has held fairly stable as °' so _ et AsA well. These are important trends, since '92 '93 '94 '95 '96 '97 '98 '99 '00 '01 employment, land use, and police claims underwriting Year typically make up about half of LMCIT's total liability loss costs. Because total loss costs have been flat while city budgets have grown with inflation, we've been able to gradually bring liability rates down. Auto liability rates will be reduced 5% for the coming year, while auto physical damage rates will be unchanged. Perhaps more importantly, we're also making an important change in the premium rating system for auto coverage. Beginning with the city's first renewal after November 15,premiums for both auto liability and auto physical damage coverage will now be based simply on the list of vehicles the city has at the beginning of the policy term. Newly acquired vehicles will be covered automatically, and no longer need to be reported to LMCIT. This completely eliminates the need for endorsements to add or delete vehicles during the year. It also eliminates all of the additional premium charges to add vehicles midterm, and premium credits for deleting vehicles. Cities will still need to maintain a list of city vehicles, since we'll need that information for figuring premiums at the beginning of the policy year. But this change should eliminate a lot of ongoing paperwork, endorsements, and bookkeeping for the city during the year, as well as eliminating the risk that a vehicle will be overlooked and fall through the cracks. What's ahead? Ultimately, it depends on what the losses turn out to be, but here's our best guess on what cities should be ready for: • Look for further increases in property rates. We've held this year's property rate increase down somewhat in order to moderate the effect on city budgets. If property losses continue at the level of the past 2-3 years though, property premiums will need to increase further. With continued good liability experience, we may be able to further reduce liability rates in the future; if so, that could offset some or all of the property premium increases we anticipate. However, the reinsurance market is clearly hardening, and there's a good chance our reinsurance costs will increase. That could put some pressure on liability and auto rates as well. • Future property/casualty dividends will likely be smaller and there may be years in which no dividends are returned. Dividends are only possible if losses come in at or below what we projected when setting premium rates. There is a safety margin built into the property/casualty rates, but that margin is now smaller than it's been in the past. For this reason, future p/c dividends are likely to be similar to this year's amount or less, rather than the amounts cities received in the mid- and late `90's. We'll probably also see some times when losses come in enough above projections to use up that margin, in which case there would be no unneeded funds available to be returned as dividends. • Several factors could put pressure on future work comp rates. So far, our work comp medical costs haven't been hit by the double-digit cost increases we've seen in health care generally; that's a pleasant surprise, but not necessarily a trend we should bet on for the long term. If the recent spike in the number of reported injuries continues, it would not be surprising also to see an increase in the number of lost-time injuries. There's a lawsuit challenging the fund transfer that made it possible for the state to reduce the SCF assessment; if successful,that could mean higher SCF costs in the future. Any of these potential developments could mean increased work comp loss costs and higher work comp premiums. • Future work comp dividends, if any, would likely come at irregular intervals. Compared to the property/casualty program, the safety margin built into the work comp rates is smaller. Even relatively small percentage changes in the estimated cost of claims from previous years can easily exceed that margin. In any year then,there's less likelihood of generating substantial unneeded funds so that a dividend is possible. LMCIT PREMIUM BREAKDOWN DATE: 07/27/2000 Coverage Period: 07/07/2000 07/07/2001 TO: CITY OF: OAK PARK HEIGHTS COVERAGE AVERAGE RATE AMOUNT OF COVERAGE PREMIUM PROPERTY (Per $100 Coverage)* .14403 $ 5,776,273 $ 8,320 MOBILE PROPERTY(Per $100 Coverage) : UNSCHED.25,000 & LESS $ 72,226 $ 14.020 MUNICIPAL LIABILITY SEE ATTACHED $ 28,504 AUTO LIABILITY & PHYSICAL DAMAGE *SEE ATTACHED $ 5,541 CRIME-INSIDE/OUT/FORGERY $ 100,000 $ *These AVERAGE RATES are to be used TOTAL PREMIUM: $ 43,385 for ESTIMATES of PREMIUM ALLOCATION ONLY 07/20 PREPARED BY: MUNICIPAL LIABILITY - OAK PARK HEIGHTS COVENANT Number: CMC 20796 COVENANT Period: 07/07/2000 TO 07/07/2001 PREMIUM ADVANCED --HAZARD-- BASIS PREMIUM OP EXP/TERR 2/POP 2501-10000 $ 2,345,336 $ 19,190 WATERWORKS - PAYROLL $ 63,222 $ 2,658 WATERWORKS - PER 1 MIL GALLONS 207 $ 273 MILES--STREETS-PER MILE - 15 $ 314 INDEPENDENT CONTRACTORS-PER $100 $ 3,282,867 $ 933 E&O OTHER 5 YEAR PRIOR ACTS 5000M TO 8000M EXP $ 6,380,524 $ 5,136 TOTAL LIABILITY $ 28,504 LMCIT LMCRisk 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 COMPARING CITY LIABILITY, PROPERTY, CRIME AND BOND COVERAGE QUOTES Some Questions to Ask The commercial insurance market has become very competitive, with lots of insurance companies that want to sell insurance to cities. Obviously, cities will want to compare what the commercial companies offer with the coverage available from LMCIT. But it's important to compare not only cost but coverage as well. The LMCIT coverage was designed specifically to meet cities' needs. Consequently, LMCIT's coverage is broader than any we have seen offered to a city by any commercial insurance carrier. If you are looking at a commercial insurance company's policy or policies as an alternative to LMCIT,this list of questions may help identify some of the differences in coverage. LMCIT can answer "yes" to all of these questions. If a private carrier can't,their coverage isn't as good as LMCIT's. (Note that some of these coverages are optional in LMCIT.) Ask the agent or insurance company offering the coverage to answer these questions in writing. If you buy their insurance,keep a copy of the response with your policy. It will be useful when you have a claim. Some questions to ask about liability coverage 1. Does it cover the liability exposures of ambulance attendants,paramedics, and"First Responders"? 2. Does it cover the professional malpractice exposure of an engineer, surveyor, or accountant who is a city employee? 3. Does it cover libel, slander, defamation, and invasion of privacy arising out of the operation of a public access or city government cable TV channel, or a cable broadcast of council meetings? 4. Suppose a police officer acting in good faith misjudges the amount of force that is reasonable to use in making an arrest; that is, the officer in good faith thought that the force he used was reasonable, but a court later disagrees. Does the policy cover both the city's and the officer's liability for assault and battery or for using unreasonable force? 5. Suppose an officer acts in bad faith and intentionally uses an unreasonable amount of force on a suspect, who then sues both the city and the officer. Is the city's liability covered? 6. Are each of the following "named insureds"under the policy? a) City council members b) Members of boards or commissions c) City volunteers, whether individuals or organizations d) Other elected or appointed city officials • e) City employees, whether full-time,part-time, or temporary f) Relief associations and their officers, employees, and members g) The ambulance service medical adviser or medical-adviser h) Former city officers, employees, and volunteers 7. Does it provide at least$1,000,000 of coverage for each occurrence, regardless of the number of occurrences,the number of defendants, or the number of claimants? (Many policies have a"general aggregate"limit, which limits the total amount the insurance company will pay under the policy,regardless of the number of claims. LMCIT's coverage has no general aggregate limit, although there are aggregate limits on coverage for products and completed operations, "limited pollution", land use liability, EMF and stray voltage claims, claims for failure to supply utilities, and lead and asbestos claims.) 8. Does it cover liability for employment actions such as hiring, firing, disciplining or promoting? 9. Does it cover liability for claims of sexual or racial harassment? 10. Does it cover punitive damages to the extent permitted by statute? 11. Does it cover violations of civil rights? 12. Does it cover the city's statutory duty to indemnify volunteer firefighters for automobile liability incurred while responding to a fire? 2 13. For any "claims-made"policy (most public officials "errors and omissions"policies are claims-made): a) Does it guarantee you the right to purchase an unlimited extended reporting period, even if you cancel the policy or decide not to renew it? b) Is the price of the extended reporting period specified in the policy itself? 14. Does it cover city liability arising from a city officer's or employee's malfeasance? 15. Does it pay for the defense of an officer or employee accused of malfeasance? 16. Does the errors and omissions policy cover property damage or bodily injury resulting from a"wrongful act"? (Don't confuse this with coverage for property damage or bodily injury caused by an "occurrence.") • 17. Does it cover suits by one city employee against another employee or against the city? 18. Are general liability, police liability, ambulance liability, firefighters' liability, errors and omissions, and employment liability coverage provided in a single form by a single carrier? (If not, there is a possibility for coverage disputes among the insurers.) 19. Are special events covered? (LMCIT does not exclude coverage for special events per se, though certain activities sometimes associated with special events are excluded;motor vehicle races, fireworks, and mechanical rides are examples.) 20. Does the coverage preserve all of the city's statutory and common-law defenses? (Some policies explicitly waive all "governmental immunity" defenses.) 21. Does it cover liability arising out of strikes, riots, or civil commotion? 22. Does it pay on behalf of the insured, rather than reimbursing you after you have paid the loss and defense costs? 23. Does it provide "overlap" coverage? ("Overlap" coverage provides that if there is a dispute between two or more of the city's insurers as to which is liable for a particular claim,the insurers and not the city bear the cost of resolving that dispute.) 24. Is the carrier willing to provide coverage for joint powers entities such as watershed management organizations, cable TV commissions, sewer boards, and so on? 25. Does it cover the liability of the ambulance services medical adviser or medical director for his/her administrative actions? (The medical director's own malpractice coverage might not apply to administrative actions, as distinguished from professional medical activities.) 3 26. Does it cover liability for inverse condemnation when a court determines that a zoning or other land use regulation has resulted in a temporary taking of private property? 27. Does it cover claims for attorneys' fees that are claimed as part of a civil rights suit seeking an injunction but not seeking monetary damages? 28. Does it cover automotive liability the city has assumed by contract—through a defense and indemnification agreement, for example? 29. Does it cover the liability arising out of operating an employee benefit plan or advising • employees regarding such a plan? 30. Does it cover the fiduciary liability of board members of a fire relief association? 31. Does it cover accidental, aboveground spills of pollutants? 32. Does it let you buy higher liability coverage limits where needed, without waiving the statutory liability limits where they apply? 33. Does it cover liability for lead contamination? 34. Does it cover liability for asbestos contamination? 35. Does it defend employment-related charges against the city that are filed with the EEOC or Human Rights Commission, even if those charges don't explicitly claim money damages? 36. Is coverage available to defend open meeting law charges against city officials? 37. Is coverage available for those liability, clean-up, and defense costs for an underground tank leak or spill which are not reimbursed by the state Petrofund? 38. If back wages are awarded as damages for wrongful termination of an employee, are those damages covered? 39. Is there coverage for the city's liability for loss of or damage to property belonging to others that's in the city's care, custody and control? 40. Are claims for damages caused by electromagnetic fields covered? 41. Are claims for damages caused by stray voltage covered? 42. Does it cover damages from the failure to supply utilities? 43. Is there coverage available for the professional activities of an attorney who is a city employee? 4 44. Does it cover legal costs for litigation relating to land use regulation or development, even if • that litigation doesn't involve a claim for damages? 45. Suppose a city employee is sued because of some action he took as a member a joint powers board that he sits on as the city's representative. The joint powers board doesn't have insurance itself, and isn't a"named insured" on the city's insurance. Does the employee or the city have any protection? 46. Does it cover liability for bodily injury, property damage, or other damages caused by "Y2k" problems in computers or other equipment? Some questions to ask about property coverage 1. Is the coverage on a"blanket limits"basis? If not, you need to make sure that each specific limit on each piece of property is adequate, for both the building and the building's contents. 2. Is the coverage written without a coinsurance clause? If not, the insurance company may penalize you on a claim if they determine that you didn't purchase and pay for adequate coverage limits. 3. Does the insurance company provide appraisals for your property? If not, you'll need to either come up with the values yourself or pay for a professional appraiser. If the values you come up with aren't adequate, you may not have enough coverage if a loss occurs and you might be subject to a coinsurance penalty. 4. Does the insurance company cover your buildings and their contents for replacement cost? 5. Does the insurance company cover your mobile equipment—i.e., "inland marine"property— at replacement cost? 6. Is property coverage automatic for minor pieces of equipment, or do you have to specifically schedule each one in order to have coverage? 7. Does it cover sewer back-ups and other non-flood water damage to city property? 8. Does it cover flood damage for buildings outside the 500-year flood plain? 9. Is supplemental flood coverage available for buildings within the 500-year flood plain? 10. Is loss of income and extra expense coverage included? 11.Are police dogs covered, including the cost of training a replacement dog? _ _ 12. Do you have any protection if you forget to schedule property coverage for a particular building or other piece of property? 5 13. Is coverage available for damage to city utility poles and lines? 14. Does it cover earthquake damage? 15. Is property in transit covered? 16. Does it cover vandalism damage to golf course greens, tees, signs, etc.? 17. Does it cover damage to city property caused by an off-premises power failure? (Note: This LMCIT coverage doesn't apply to municipal utilities property.) 18. Does it cover accounts receivable? 19. Does it cover computer equipment and media, including the cost to recover or reconstruct data and programs? 20. Does it cover damage caused by a computer virus? 21. Does it cover art objects? 22. Does it cover the cost to replace valuable papers? 23. If a building is damaged or destroyed, does the coverage pay the additional costs to clean up asbestos and other pollutants? 24. Does it cover extra expenses the city might incur to respond to Y2k problems? 25. Does it cover the cost to remove storm debris from a city park? 26. Does it cover property belonging to others that's in the city's care, custody, and control? 27. Does it cover your employees' personal tools or equipment used on city business? Some questions to ask about crime coverage 1. Does it provide a$100,000 limit for crime losses of money and securities? 2. Does it provide a blanket limit for crime losses,regardless of which"premises"the funds were stolen from? (If the coverage is based on a particular"premises" and funds were stolen by means of computer fraud or electronic funds transfer, you might have trouble proving that the theft was from a covered premises, or showing which specific covered premises the theft was from.) 3. Does it cover theft of city funds by computer fraud? 6 4. Does it cover theft of city funds by fraud or swindle? (Many crime policies exclude coverage if you were "induced by a dishonest act to voluntarily part with"the money or securities.) 5. Would it cover a burglary loss from a building following an unexpected event that impaired the security of the building? 6. Does it cover theft by extortion or threat of violence? 7. Does it cover losses from forgeries or alterations? 8. Does it cover thefts from vending machines? (Many crime forms cover only vending machines that have a"continuous recording device".) 9. Are relief association funds covered? Some questions to ask about faithful performance and employee dishonesty bond coverage 1. Does the "faithful performance"bond cover all losses resulting from the official's failure to faithfully perform his/her duties? (Many "faithful performance" bond forms exclude various claims. A bond form that excludes certain losses wouldn't seem to meet the statutory requirements for those officials who are required by law to have a faithful performance bond.) 2. Are the bond limits realistic? (A $5,000 or $10,000 bond might comply with the statute, but doesn't give the city much real protection.) 3. Would the faithful performance bond cover a third party's loss caused by the officer's dishonesty or other malfeasance? (Some bond forms have a"sole benefit" clause, and would only cover the city's own loss. Those bonds wouldn't seem to meet the statutory requirements for positions required to have a faithful performance bond.) 4. Would the faithful performance bond cover a tort claim or a civil rights claim against the officer based on the officer's malfeasance? (These exclusions are often found in bond forms. Again, a faithful performance that excludes these losses would not appear to meet statutory requirements.) 5. Does the faithful performance bond cover investment losses caused by the officer's malfeasance? 6. Does it cover relief association funds? 7. Does it cover relief association officers? 7 Do These Things Really Matter? Some people might suggest that these items are merely unimportant "frills"that aren't worth worrying about. But remember: Every "no" answer represents a claim which LMCIT would cover but the private insurance company wouldn't. It's easy to make insurance cheap by excluding coverage of certain items. But if coverage is excluded for a particular kind of claim, it means the city retains the risk of loss in those areas. From the city's standpoint, retaining risk is a great way to reduce premiums. But coverage exclusions are an unpredictable way of retaining risk. You might not have a claim that falls into one of the exclusions—but then you might have a$1,000,000 claim that falls into the exclusion. A better and more predictable way to reduce costs by retaining risk is to use deductibles. This could be a per-occurrence deductible, or an "annual" deductible under which the city keeps the financial responsibility for claims up to a certain dollar amount each year, or a combination of the two. By retaining risk this way, you know how much you're retaining and can budget for it. PST—2/7/2000-fax-66150 8 LMCIT LMC 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.lnmcit.lmnc.org THINGS TO THINK ABOUT WHEN RENEWING YOUR CITY'S PROPERTY/CASUALTY COVERAGE LMCIT tries to make buying coverage for the city's property and liability exposures as simple and straightforward as possible, but it can still be a complicated and confusing business. Unfortunately, overlooking or misunderstanding some of these points can result in an unpleasant surprise at claim time. Again this year, we've made a number of changes in the LMCIT property/casualty coverage, and added some new coverage options. Materials explaining these changes were sent to member cities and agents December 1, 2000, and are also available at the LMCIT web site, www.lmcit.lmnc.org. The changes affect coverage that's written or renewed after November 15, 2000. In the following discussion,those issues affected by coverage changes this year are marked with a"*". This memo is intended to provide a list of issues that should be considered when renewing your coverage. In most cases, the need for the city to take a specific action is described. PROPERTY COVERAGE ISSUES What to Schedule At renewal, a schedule of building/contents, and property in the open will be attached to the renewal application. Please review this schedule for accuracy. It may not include some recent changes, or there may be a need to delete, add or modify items on the schedule. Essentially,the city needs to provide three lists of property to be covered: • Each building for which you want coverage. Any building you list on the schedule is S.� Y 8 Y g Y covered for replacement cost, along with the building's contents. (Remember to include any buildings or space the city rents and occupies; even if you're not responsible for the building itself,you still need coverage for the contents.) • Each piece of mobile equipment with a replacement cost of more than$25,000. "Mobile equipment"means property other than vehicles that's not part of a building or the building's • If FEMA has previously provided assistance for flood damage to a building not in the 100- year flood plain, FEMA will not provide any assistance for damage to that building caused by a subsequent flood unless the city has flood insurance on that building. The city therefor should strongly consider NFIP insurance for any building within the 500-year flood plain if FEMA has previously paid for any flood damage to that building. Golf Courses A golf course must be listed on the schedule of "property in the open" in order for property such as greens, tees, etc.to be covered. The coverage limit for this golf course property is $100,000, including costs of debris removal. Coverage for loss of revenue, extra expense, and expediting expense is not subject to the $100,000 limit on golf courses, but is subject to the $5,000,000 per occurrence limit. * Property in the City's Care, Custody and Control Personal property of others in the city's care, custody and control is included in the definitions of "building/contents"and "mobile property"for purposes of coverage. However,there are two types of property in the city's care, custody and control that must be specifically scheduled in order to have coverage: • Mobile property valued at greater than $25,000 replacement cost; and • Automobiles belonging to others, except for autos which the city has borrowed, rented or leased for city use. (This is discussed in more detail in the section on auto coverage issues.) Trees and Shrubs Trees and shrubs within 100 feet of a covered building are covered as part of the building. If it wishes, the city can cover other trees and shrubs by identifying the trees and shrubs to be covered on the schedule of"property in the open". The trees or shrubs to be covered must be identified specifically (e.g., "trees in Mosquito Heights Memorial Park"). The city also needs to provide a reasonable estimate of the number of trees or shrubs to be covered. Utility Poles and Wires LMCIT's standard property coverage e excludes coverage for damage to ci ty utility y poles and lines. In the past,this has left cities with electric utilities with a significant uncovered loss in the event of a widespread ice or windstorm that downed city lines. To help avoid this potential problem, LMCIT offers optional property coverage for city utility poles and transmission and distribution lines. The coverage is subject to a$50,000 deductible per occurrence and a$500,000 limit. The rates for the coverage are based on the number of miles of transmission and distribution lines in the city. * Municipal electric utilities—loss of revenue/extra expense coverage limit 3 Debris removal/no physical damage to covered property $50,000 per occurrence Leasehold interest $500,000 per location Pollutant clean-up and removal $10,000 per location Errors $500,000 per occurrence Rental reimbursement $25,000 annual aggregate Arson reward $5,000 per occurrence Accounts receivable $500,000 per location Valuable papers and records $500,000 per location Year 2000 extra expense $5,000 per occurrence/annual aggregate • 5 The UM/UIM coverages are designed to help assure that an injured driver will be compensated if s/he is injured in an accident caused by an uninsured or underinsured driver. The UM/UIM coverage steps into the place of the liability insurance that the other driver should have had. But in most cases an injury to a city employee driving a city vehicle would be covered by workers' compensation, and the amounts that individual would recover from UM/UIM would be in addition to the medical, indemnity, and other benefits paid under work comp. In many cases, that would amount to a double recovery for the individual's injuries. A city might decide to carry a higher UM/UIM limit for a couple reasons: • if the city believes that workers' compensation benefits are insufficient to compensate their injured employees; or • if they want to make sure that non-employees riding in city vehicles are fully compensated in the event of an accident with an uninsured or underinsured vehicle. (Note that in most cases the passenger's own UM/UIM would also respond.) Automobile Liability Coverage—employees'or volunteers'vehicles used on city business Cities have the option to make the LMCIT auto liability coverage primary for privately owned vehicles used on city business by specified individuals or groups in specified circumstances (e.g., firefighters responding to calls). There is a premium charge per vehicle for this optional coverage. This option may make sense for situations where an employee or volunteer uses his/her own vehicle on city business but the city doesn't reimburse mileage for that use. A volunteer firefighter responding to an emergency call is a common example of that situation. On the other hand, it probably doesn't make sense for the city to make the LMCIT auto liability coverage primary for situations where the city is reimbursing the employee or volunteer for mileage. In that situation,the city is effectively paying part of the individual's own liability insurance premium, since that cost is included in the mileage reimbursement rate. Since the city is paying a proportionate part of the premium of the individual's liability insurance, it seems reasonable that the city should receive the benefit of that insurance. LIABILITY COVERAGE ISSUES Fireworks Displays Cities sometimes put on fireworks displays for Independence Day or other celebrations. The city's LMCIT liability coverage document excludes coverage for any liability arising out of the city's ownership, sponsorship, or operation of fireworks displays. This exclusion applies both if city employees or volunteers are setting off the fireworks, and if the city itself sponsors or contracts for a fireworks display. (The exclusion does not apply to a fireworks display that is sponsored and operated by someone else. Where the city's only role is in regulating, licensing, 7 Cities should review all of the joint powers contracts they are involved in, including mutual aid agreements, service contracts, etc. Remember: the name given to a contract doesn't necessarily tell you what's in the contract. We've seen examples of contracts that were called mutual aid agreements, but which very clearly had the effect of creating a new joint operating entity. You need to look at what the contract actually does, not just what it's called. In very general terms, the joint powers coverage exclusion will come into play if the joint powers contract creates a separate board with power to do any of the following: • receive and expend funds; • enter contracts; • hire employees; • purchase or acquire real or personal property; or • sue or be sued. If you're not sure about a particular contract, send LMCIT a copy. We'll review it and give you a definite answer as to whether the city's own coverage will apply or if the contract creates a joint entity that needs its own coverage. • Independent Administrative Boards Statutes and some charters allow cities to create independent administrative boards to manage certain city operations; utility commissions and hospital boards are common examples. Other statutes allow cities to create separate public corporations for certain purposes; Port Authorities, HRA's, and EDA's are examples. The statutes generally give these boards and authorities full power to manage the activities for which they are responsible, including the authority to purchase the appropriate liability, property, and other coverages needed for those activities. If your city has any of the following, you need to make sure there is adequate coverage for its activities: • gas, electrical, or steam utilities commission; • port authority, housing and redevelopment authority, economic development authority, municipal redevelopment authority, or similar agency; • municipal power agency; • municipal gas agency; • airport board or commission; or • hospital, nursing home, and medical clinic board or commission. There are some particular coverage issues to be aware of for certain specific types of boards, commissions, and entities, as described below: • * Airports. The basic LMCIT coverage covers liability for claims arising from the operations of a city airport except for"bodily injury", "property damage", or"personal injury". In other words, it automatically covers the "E&O" exposure for things like 9 • What type of coverage is provided to the city and the board? Is the coverage as broad as provided by the LMCIT covenant? Does it cover employment-related liability, land use or development litigation, etc.? • Is the city named as an additional insured on the board or commission's policy? If the city needs coverage for a gap left by private insurance that the EDA, HRA, or port authority has purchased,please contact LMCIT—an additional premium may be required. • Gas,Electrical or Steam Utilities Commissions. These boards and commissions are not covered automatically under the city's LMCIT liability coverage. Unless the city has specifically indicated that these entities are to be covered, a claim against one of these boards or authorities would not be covered. Nor would the city be covered for claims arising from the activities of these boards or commissions. In most cases, LMCIT can provide the needed coverage in either of two ways: by adding the board or authority onto the city's policy, or by issuing separate coverage to the board or authority itself. If the coverage is added to the city's policy, both the city and the board or authority are covered. If the board or authority purchase separate coverage from LMCIT, the city will be added as a covered party under the board's coverage and both would share coverage and limits. Unlike the EDAs, HRAs, and port authorities, a utilities commission is usually not legally a separate political subdivision. (There may be a few exceptions where city charters make the utilities commission a separate legal entity.) Generally though, covering the utilities commission under the city's general coverage doesn't create the same coverage limits problem that you can encounter with EDAs, HRAs or port authorities. If the utilities commission purchases coverage elsewhere, the city and the commission need to review the following questions to assure adequate coverage. Remember that LMCIT does not automatically provide coverage to the city for the utilities commission's activities. If the utilities commission purchases separate private insurance, the city can't just assume that the city's LMCIT liability coverage will protect the city and fill any gaps that the utilities commission's insurance leaves. Again, cities should look at a couple of issues: • What type of coverage is provided the city and the board or commission? Is the coverage as broad as that provided by the LMCIT covenant? Does it cover employment liability, EMF, failure to supply utilities services, etc.? • Does the utilities commission's insurance company understand that the city and the utilities commission are not separate entities? That is, do they understand that they must handle a claim arising from the utilities operations that names the "City of Mosquito Heights"as the defendant? (One possible way to clarify this might be to have the utilities 11 , + • 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 p Y p g p 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. The LMCIT memo "LMCIT Liability Coverage Options: Liability Limits, Coverage Limits, and Waivers"discusses this in more detail. The memo is available at the LMCIT web site,through the fax library, by calling LMCIT. Excess Liability Coverage LMCIT provides a standard $1,000,000 liability coverage limit to match the statutory limit. However,there are a number of ways in which that coverage could turn out not to be enough: federal civil rights suits, liability assumed by contract, liability for actions in another state, inverse condemnation liability for land use claims, the possibility of the caps being found invalid, and exhaustion of annual aggregate limits on products liability, limited pollution and land use claims are some examples. In light of these various ways cities can be exposed to liability beyond the statutory limits,the city should consider purchasing higher limits of liability coverage. LMCIT makes available up to $5,000,000 of additional limits at the city's option. Sometimes city officials reason that "we're only a small city, so we don't need high liability coverage limits." But arguably the opposite is true: A big city has much more tax base and many more taxpayers over which to spread, say, a$1,000,000 excess judgment; in a small city, the burden per taxpayer could be enormous. If your city has considered excess coverage in the past, but decided against it for cost reasons, you may want to reconsider. Rate reductions in recent years have reduced the cost substantially. The LMCIT memo "LMCIT Liability Coverage Options: Liability Limits, Coverage Limits,and Waivers" discusses this in more detail. The memo is available at the LMCIT web site,through the fax library, by calling LMCIT. Contractual Liability/Additional Covered Parties The LMCIT covenant provides coverage for most contracts. The covenant can also be endorsed to provide coverage for additional covered parties when requested. It is important to review all contracts and requests for additional insureds, and to consider the following points: • Sometimes a contractor or city will request an "additional insured"endorsement, when what the contract actually calls for is a Certificate of Insurance. 13 OTHER ISSUES Bond Limits and Forms The minimum limit available for LMCIT fidelity and faithful performance bonds is $25,000. That may be adequate for a very small city,but most cities should consider higher bond limits. The very low bond coverage limits that many cities have historically carried—some as low as $5,000 or$10,000—really wouldn't provide much protection if a loss were to occur. Another important point to consider is that the statutes call for certain officers to be covered by a "faithful performance" bond. A faithful performance bond guarantees that the officer will faithfully perform the duties of his or her office, and it is required for a statutory city clerk or treasurer, for example. An ordinary fidelity bond protects the city only against losses caused by the individual's dishonesty. If the city suffers a loss because of the officer's mistake, or because the officer simply didn't perform his or her duties properly, an ordinary fidelity bond won't help; a"faithful performance" bond, however, might. To avoid these problems we suggest the following: • Review the limits on the city's current bond coverage. The Government Finance Officers' Association several years ago developed a formula for suggested bond limits based on the city's annual revenues and the amount of negotiable securities on hand. It's not an absolute or infallible rule, but this formula can give the city a starting point for thinking about what bond limits to carry. We would be happy to provide information on this formula. • Make sure that you have `faithful performance" bond coverage on those positions where the statutes require it. Some of the most common examples are statutory city clerks and treasurers and their deputies, and relief association treasurers. LMCIT gives the city the choice of either blanket faithful performance bond coverage, or blanket fidelity coverage with"faithful performance" coverage only on those positions where it's required by statute. Cities that purchase bonds from private insurers may find that the carrier is reluctant to extend "faithful performance" coverage to other positions where it's not required by statute. Petroleum Tank Leaks or Spills Minnesota's Petrofund provides reimbursement for 90% of the first $250,000 and 75%of the next$750,000 of clean up and liability costs from a petroleum products storage tank leak or spill. But to be eligible for this reimbursement,the tank owner must be in compliance with applicable PCA and EPA regulations and requirements. The Petrofund reimbursement can be reduced or refused if the owner is not in compliance. In any event the city will be responsible for at least 10% of the cleanup and liability costs, as well as all legal defense costs associated with the leak or spill. 15 In considering whether to purchase machinery breakdown coverage, a city should look at how much it would cost to replace various pieces of machinery, what extra expenses you might incur to continue operation while a key piece of equipment is being repaired, how long it might take to get repairs or replacement equipment, and so on. If your city's budget can handle these kinds of expenses, it probably doesn't make sense to carry the coverage. On the other hand, if the possible cost to repair or replace a particular piece of machinery is more than what your budget can comfortably absorb, machinery breakdown coverage is worth considering. Machinery breakdown coverage for other specialized equipment Cities may also have other types of equipment, such as equipment for municipal gas or district heating systems, or medical equipment such as MRIs. These types of equipment can also be covered, but must be evaluated separately. Special coverage terms, deductibles, and premiums may apply. Machinery breakdown coverage for municipal electric utilities Municipal electric utilities pose some special issues with regard to machinery breakdown coverage. The needs, problems, and risks of different municipal electric utilities vary substantially, and the coverage terms, limits, deductibles, exclusions, and pricing must therefor be individualized as well. For smaller electric utilities, LMCIT itself provides the machinery breakdown coverage. However, for certain of the larger municipal utilities the machinery breakdown coverage is provided directly by Hartford Steam Boiler (HSB). Coverage terms, limits, deductibles, and exclusions are typically highly individualized for these type of risks. It was determined that these types of accounts should be handled directly by Hartford Stream Boiler in order to provide better service and underwriting expertise. Important note: At this time, neither LMCIT nor HSB is able to provide coverage to electric utilities for loss of income or extra expense resulting from a machinery breakdown loss. Open Meeting Law Defense Cost Reimbursement From time to time, city council members may get sued for alleged violations of Minnesota's Open Meeting Law. The LMCIT liability coverage does not cover these suits unless there is some other covered claim included as part of the complaint. Consequently, the cost of defending these suits for individual council members can often be fairly expensive. To avoid this uncovered exposure to the council member or to the city, LMCIT has made available Open Meeting Law Defense Cost Reimbursement Coverage. The coverage reimburses individual council members for up to $50,000 of their Open Meeting Law defense costs per person. The city now can select either of two coverage options, which reimburse these costs at 80%and 100%respectively. 17 LMC 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 promoting excellence Web Site: http://www.lmnc.org December 1, 2000 To: LMCIT members and agents From: LMCIT Board of Trustees Re: Property/casualty coverage changes Again this year, we're introducing a number of coverage changes, enhancements, and new options. The most significant changes are • A new optional "no-fault' sewer back-up coverage • A new airport liability coverage option • A new"extraordinary expense" coverage that's part of the city's LMCIT property coverage • Revised auto coverage forms, and some important changes in how rating and scheduling will be handled for auto coverage • A change in the standard limit for loss of revenue/extra expense coverage for municipal electric utilities Separate memos are enclosed explaining each of these in more detail. In addition, here are some other changes, enhancements, and clarifications that cities will see. These changes are summarized below. All of these will affect the city's first renewal after November 15, 2000. Who can we contact with questions? Contact your LMCIT underwriter or any of the following if you have questions, comments or suggestions about any of this year's coverage changes. Pete Tritz LMCIT Administrator 651-281-1265 ptritz @lmnc.org Mike Wozniak Underwriting Manager 651-215-4090 mwozniak @lmnc.org Doug Gronli LMCIT Claims Manager 651-281-1279 dgronli @lmnc.org Tom Grundhoefer General Counsel 651-281-1266 tgrundho @lmnc.org AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER a Other property coverage changes • The coverage for damage from computer viruses is expanded to also include damage caused by hackers. • The property coverage is broadened slightly to pick up the cost of cleaning up pollutant spills caused by any direct physical damage to covered property, even if the original damage wasn't from a covered cause of loss. The coverage limit for pollutant clean-up remains unchanged at $10,000. Other liability coverage changes • Provisions giving LMCIT a"right of association"are added to the liability coverage. Occasionally, member cities and LMCIT have found it useful for LMCIT to become formally involved in assisting the city in an issue prior to that issue formally turning into a claim, in order to help the city manage the risks and potential costs. This change simply provides a formal basis for that type of involvement. Deductibles and limits Both the property and the liability coverages have been revised to clarify how deductibles relate to coverage limits. • For property coverage, the coverage limit applies above the deductible. (E.g., suppose you have a$1000 deductible, a$10,000 coverage limit, and a$15,000 loss. The city would pay the first$1000, LMCIT would pay the next $10,000, and the city would have to cover the remaining $4000 of loss.) • For liability coverage,the deductible is within the coverage limit. (E.g., suppose you had the same situation, with a$1000 deductible, a$10,000 coverage limit, and a $15,000 loss. The city would pay the first $1000, LMCIT would cover the next $9000, and the remaining $5000 would be the city's responsibility.) It admittedly may seem odd (and perhaps a bit confusing) for the deductibles to work differently for the two types of coverage. The LMCIT Board decided it made sense to follow the prevailing insurance industry practice for property coverage, in order to avoid misunderstandings or any suggestion that the LMCIT coverage is somehow inferior to what a private carrier might provide. However, following that same practice for liability coverage would create problems and confusion with how the coverage limits relate to the. statutory liability limits, with the excess liability and reinsurance coverage structure, and with equity among members. "Additional insured" and"primary vs. excess" issues There are a number of situations in which both the city's LMCIT coverage and other insurance coverage can both apply to the same claim or loss. That raises the issue of how that loss is to be divided. I.e., is one primary and the other excess, and if so which is which? Do the two share the loss, and if so in what proportions? And so on. The coverage documents have been revised to be as clear and explicit as possible as to what the city's and LMCIT's intent is in these various situations. A particular concern was to make it very clear that where the city is named as an"additional insured"on someone else's liability coverage because of a requirement under a contract, permit, license, etc.,the intent is for that insurance to be primary for any covered liability claim against the city. (It's helpful also to address that point in the contract provisions themselves.) We've also clarified that if that other carrier would fail to meet their responsibility to defend the city, LMCIT would do so, but LMCIT would then be entitled to the city's rights against that other carrier. Finally, we've also clarified several specific situations in which the city's LMCIT coverage is explicitly intended to be primary with respect to any other potentially available coverage. Land use coverage changes There are several changes and clarifications in the coverage for litigation relating to land use regulation, development, and franchising: • We've clarified that for covered litigation involving land use regulation, development, or franchising, the coverage applies regardless of whether the city or the other party initiated the litigation. • We've clarified that with respect to litigation about land use regulation,the city's coverage applies only to litigation relating to the city's own land use, zoning, subdivision, or similar ordinances or regulations. We've also modified the land use coverage to address a problem that conceivably could arise: litigation in which two member cities are both involved on opposing sides, and in which both cities' LMCIT coverage is triggered. If that situation were to occur,the coverage now has provisions to deal with the obvious conflict of interest. Specifically, LMCIT's concurrence would be required for appointment of counsel and for any monetary settlement,but LMCIT would not otherwise participate in management of the litigation; and both the coverage limits and the coverage percentages would be reduced by 50% for both member cities with respect to that litigation. We've never actually encountered this situation, and we expect(and hope) that it would be a very rare and unusual occurrence. However, given the difficulties it could create if the situation were to arise, the LMCIT Board felt it was important to address it in advance. L MC 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 promoting excellence J Web Site: http://www.lmnc.org November 28, 2000 To: Member cities and agents From: LMCIT Board of Trustees Re: Optional "no-fault" sewer back-up coverage LMCIT now offers member cities"no-fault" sewer back-up coverage. This new optional coverage will reimburse a property owner for up to $10,000 of clean-up costs and damages caused by a sewer back-up, irrespective of whether the city was negligent or legally liable for those damages. This new coverage option is intended to do several things: • To reduce health hazards by encouraging property owners to get back-ups cleaned up as quickly as possible. • To reduce the frequency and severity of sewer back-up lawsuits. I.e., property owners may be less inclined to sue if they receive conciliatory treatment at the time of the back-up. • To give cities a way to address the sticky political problems that can arise when a property owner learns that the city and LMCIT won't reimburse him for his sewer back-up damages because the city wasn't negligent and is therefor not legally liable. Many cities and their citizens may find this new coverage option to be a helpful tool. However, it's also important to realize that it's not a complete solution to sewer back-up problems, and that not every possible back-up will be covered. What sewer back-ups would be covered by the new coverage? The no-fault coverage would reimburse the property owner for sewer back-up damages, regardless of whether the city was legally liable, if the following conditions are met: • The back-up must have resulted from ' p om a condition in the city's sewer system or lines. Y Y A back-up caused by a clog or other problem in the property owner's own line would not be covered. nnnn1,''I••;rry .∎1:1-10.. 'rtr•r r..r•rTry's'rh1PI r,••* • It's not one of the situations that's specifically excluded in the coverage. • The coverage limit has not been exceeded. Which situations are excluded? The no-fault coverage will not apply in several "catastrophic"type situations. Specifically,these are: • Any weather-related or other event for which FEMA assistance is available; • Any interruption in the electric power supply to the city's sewer system or to any city sewer lift station which continues for more than 72 hours; or • Rainfall or precipitation that exceeds the amount determined by the National Weather Service to constitute a 100-year storm event. What costs would be covered? The no-fault sewer back-up coverage would reimburse the property owner for the cost of cleaning up the back-up, and for any damage to the property, up to the coverage limit. For purposes of the city's deductibles, claims under the no-fault coverage are treated as liability claims, so the same per-occurrence and/or annual deductibles will apply. However, there are certain costs that would not be reimbursed under the no-fault coverage: • Any costs which have been or are eligible to be covered under the property owner's own homeowner's or other property insurance; and • Any costs that would be eligible to be reimbursed under an NFIP flood insurance policy, whether or not the property owner actually has NFIP coverage. What is the coverage limit? The limit is $10,000 per building per year. For purposes of the limit, a structure or group of structures that is served by a single connection to the city's sewer system will be considered a single building. What will it cost? The premium charge for the optional no-fault sewer back-up coverage will be 8.5% of the city's municipal liability premium. The LMCIT Board's intent is that this coverage option be self-supporting, so we'll be monitoring and if necessary adjusting these charges in the future. Is every city automatically eligible? No. The city will need to meet these underwriting criteria: • The city must have a policy and practice of inspecting and cleaning its sewer lines on a reasonable schedule. • If there are any existing problems in the city's system which have caused back-ups in the past or are likely to cause back-ups, the city must have and be implementing a plan to address those problems. • The city must have a system and the ability to respond promptly to back-ups or other sewer problems at any time of the day or week. • The city must have in place an appropriate program to minimize stormwater inflow and infiltration. • The city must have in place a system to maintain records of routine sewer cleaning and maintenance, and of any reported problems and responses. We'd stress that in making the underwriting evaluation we're trying to focus on reasonableness,rather than on creating very specific standards. That is, the intent isn't to set an arbitrary requirement that sewers be inspected and cleaned every six months or every three years or whatever. What makes sense in one city with some older and sometimes sagging clay lines probably wouldn't make sense in a city with newer plastic lines, and vice versa. From the underwriting standpoint, the real concern is that the city has considered its own situation and developed polices, practices, and schedules that make sense for its own situation. How would the no-fault coverage work if we had a sewer back-up that was caused by city negligence, and where the city was legally liable for the resulting damages? In that situation, if the claim fell within the scope and the limits of the no-fault coverage, the claim would simply be paid under the no-fault coverage. If the situation isn't one where the no-fault coverage applies, the city's LMCIT liability coverage would respond just as it does now. That is, LMCIT would investigate and if necessary defend the claim on the city's behalf, and would pay the resulting damages if in fact the city is legally liable for those damages. The same would be true for damages that exceed the $10,000 no-fault limit, or for a subrogation claim against the city by the homeowner's insurance company. The city's existing LMCIT liability would respond just as it does now. • What's the legal basis for this coverage? Wouldn't it be a gift of public funds to pay damages that the city isn't legally liable for? First, as noted earlier, one goal is to help reduce health hazards by encouraging prompt clean-ups. That's clearly a public purpose and in the public interest. Second,the law and facts surrounding most sewer back-up claims are rarely so clear that the liability issue is entirely black and white. There's virtually always a way that a claimant's attorney can make some type of argument for city liability. Having this coverage in place should help eliminate the need to spend public funds on litigation costs in many of these cases. Finally, part of the process for putting the coverage in place is for the city council to pass a formal resolution that makes this no-fault sewer back-up protection part of the agreement between the city and the sewer customer. The idea is that by paying his sewer bill,the sewer user is purchasing not just sewer service but also the right to be reimbursed for certain specified sewer back-up costs and damages. In other words, the basis for the no-fault payments to the property owner would be the contract between the city and the sewer user. How do we put coverage in place? Contact your LMCIT underwriter for an application. If the city qualifies for coverage, we'll send the city a formal quote, along with a model resolution. To put coverage in place, the city council must formally pass that resolution, and send a copy to LMCIT. If the city decides to add this coverage, it will also be important to make sure the citizens know about it. LMCIT can also provide models for a press release, newsletter article, utility bill insert, etc. Who can we contact with questions or comments? Contact your LMCIT underwriter, or Pete Tritz at the League office. We're also interested in hearing cities' reactions to this new coverage option, especially if there are changes you'd like to see. LMC 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 promoting excellence Web Site: http://www.lmnc.org December 1, 2000 To: LMCIT member cities and agents From: LMCIT Board of Trustees Re: Municipal electric utilities—"business interruption" coverage limit changes For renewals after November 15, 2000, a $500,000 per occurrence sub-limit will apply to claims for loss of income and extra expense relating to municipal electric utilities. This is a reduction from the $5,000,000 limit that's available for these claims under the current coverage. Higher limits will continue to be available for electric utilities' loss of income/extra expense exposures, for an additional charge. This change only affects municipal electric utilities. For cities' other loss of income/ extra expense risks, LMCIT will continue to automatically provide a standard coverage limit of $5,000,000. Why is this change being made? Three years ago, LMCIT completely revised the property coverage provided to member cities. The goal was to provide member cities with better protection for their property risks and to make the process simpler and more foolproof for cities. Changes included moving to a"blanket limits"approach for all cities, and providing all coverage on a replacement cost basis with no coinsurance provisions. A number of broadening features were also incorporated, so that cities would no longer need to specifically request and pay extra to cover a variety of typical risks. .., These included providing automatic coverage for computer exposures, valuable papers, glass, police dogs, and fine arts; and automatically providing $5,000,000 of coverage for the "business interruption"risks; i.e., loss of revenue, extra expense, and expediting expense. As we've gained experience with the revised coverage, it's become clear that this "business interruption"risk is much more significant for municipal electric utilities than for other types of city operations. If the utility's generating capacity is impaired because of a fire, explosion, or similar loss*, it can sometimes mean very substantial amounts of lost revenue for the utility until that generating capacity can be replaced. And in many cases, municipal utilities are required by contract to provide specified amounts of power to the grid; if the utility has to purchase power to meet those obligations; that extra expense can also be very substantial. To be fair to all of AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER LMCIT's member cities, we need to make sure that these risks are appropriately reflected in the electric utilities' premiums. Optional higher business interruption limits for utilities The basic business interruption coverage limit that municipal utilities receive as part of the property coverage will now be$500,000 per occurrence. This is a sub-limit within the overall loss of income/extra expense limit of$5,000,000 per occurrence. Municipal electric utilities will have the option to increase that sub-limit for an additional premium. The additional charge will be based on the limit selected,the types of generating equipment involved, the condition and maintenance of that equipment,and the utility's contractual obligations to provide power. Contact your LMCIT underwriter to obtain a quote for those higher limits. * Note: It's important to keep in mind that this loss of income/extra expense coverage is only triggered where there's been some direct physical damage of a type that's covered by the city's property coverage, such as a fire or storm damage. It would not apply in a situation where the damage to the utility's generating capacity was caused solely by a machinery breakdown problem; i.e, where only the utility's "boiler" or"machinery breakdown" coverage, and not the utility's property coverage, is triggered. LMC145 University Avenue West, St. Paul, MN 55103-2044 Phone: (651) 281-1200 • (800) 925-1122 League of Minnesota Cities Fax: (651) 281-1298 • TDD (651) 281-1290 Cities promoting excellence www.lmcit.lmnc.org December 1,2000 To: LMCIT members and agents From: LMCIT Board of Trustees Re: New coverage for extraordinary city expenses Beginning with renewals after November 15, LMCIT member cities' property coverage will include a new type of coverage for extraordinary expenses. This new coverage provision is designed to assist a city that's been unavoidably hit by unexpected expenses—necessary costs and expenditures that the city wasn't able to anticipate and budget for. One of the LMCIT Board's strategic goals is to explore ways to assist cities with a broader range of risks than those that have traditionally been considered "insurable". This new"extraordinary expense"coverage is one such initiative. We hope this new coverage feature will prove useful to cities, and we're very interested in hearing your reactions and suggestions. However, there are a couple points we'd like to stress: • This new extraordinary expense coverage is very experimental. There's no precedent we know of for any pool or insurer to do anything like this, and no real experience we can draw on. It's conceivable that we may find that it isn't feasible to continue providing this coverage, and that we'd be forced to discontinue it. We don't expect that that will be necessary, but the LMCIT Board can if necessary discontinue this coverage at any time during the coverage period. • The new extraordinary expense coverage works quite differently from other LMCIT coverages. It will be very important for any city making a claim under this coverage to understand exactly how it works and what the city's obligations will be. How does this new coverage work? The coverage is designed to operate mostly as a risk financing mechanism,rather than as a risk transfer mechanism. That is,unlike other LMCIT coverages, it doesn't spread the city's risk among all the other member cities; instead, it's a way for the city to spread an expense over time. A city that incurs an extraordinary and unexpected expense could submit up to $100,000 of that expense for payment under this coverage. The city would then in effect repay that amount to LMCIT over a period of up to five years. The repayment would be made in the form of a surcharge—a"retroactive premium", if you will—added to the city's future premiums. If the repayment is made within a year, the repayment would be on a dollar-for-dollar basis. If the city chooses to make the repayment over a longer period, an additional charge—the equivalent of a 3%interest rate—would be added beginning in the second year. If the city were to leave LMCIT,the entire amount would be immediately due and payable. What kinds of"extraordinary expenses"would be eligible? To be eligible under the "extraordinary expense"coverage, the city's expenditure must meet four basic criteria: 1. The expenditure must be "extraordinary". That is, it must be greater than what the city's normal expected expenditures would be. 2. The expenditure must be "unanticipated". That is, it must be something that the city didn't anticipate and couldn't have reasonably been expected to anticipate. 3. The expenditure must be something that's necessary either to protect the public health and safety, or to meet the city's legal obligations. 4. The expense must be something that's not covered under any other coverage or insurance policy. These criteria are intentionally fairly broad, in order to make the coverage as flexible and useful to cities as possible. The idea is to address a wide variety of unanticipated and extraordinary expenses which the city might be obliged to incur. Some possible examples of such expenditures are • Additional police or prosecution costs for a significant criminal incident • The city's share of clean-up costs for a landfill that city refuse once went into • Uninsured flood damage to a city building • Storm clean-up costs where there's no damage to city buildings • A liability judgment or settlement that exceeds the city's available coverage • Extra snowplowing costs in a year with an extraordinarily high snowfall. A city submitting a claim will need to provide information showing that its expenditure meets the coverage criteria; i.e. that the expense was i n fact ct extraordin ', unanticipated, and necessary. The final determination will be made by the LMCIT Board. Normally, of course, the Board doesn't become directly involved in individual claims unless there's a problem of some sort. But given the experimental nature of this new coverage and the very broad and 2 somewhat"judgmental" criteria for claims eligibility, the Board concluded that it was appropriate in case, at least initially. What's the limit on this coverage? There are a couple limits to be aware of. First,the coverage itself has a limit of$100,000 per Y ear on the city's claims under the extraordinary expense coverage. That limit applies regardless of the number of claims, occurrences or incidents the city has. Second,the LMCIT Board has authorized an appropriation of up to $3,000,000 in total for claims from all cities under this coverage. If the total of claims that cities submit under the coverage were to approach or exceed the amount appropriated, the Board would review whether it's feasible to continue the coverage. Note that the LMCIT property coverage document specifies that the Board has the authority to terminate the extraordinary expense coverage at any time, if the Board determines it's necessary to protect the interests of LMCIT and its member cities. This limited appropriation and the Board's ability to terminate the coverage if necessary reflect the experimental nature of this coverage. Since there isn't any precedent or experience we can draw on, we really can't be sure exactly what to expect. Who can we contact with questions or to submit a claim? Contact Pete Tritz or Doug Gronli at the League office. 3 LMC145 University Avenue West, St. Paul, MN 55103-2044 League of Minnesota Cities Phone: (651) 281-1200• (800) 925-1122 Cities promoting excellence Fax: (651) 281-1298 • TDD (651) 281-1290 www.lmcit.lmnc.org November 28, 2000 To: LMCIT members and agents From: LMCIT Board of Trustees Re: LMCIT auto coverage changes LMCIT is making a significant change in how auto coverage is handled. The changes will apply to auto coverage renewed after November 15, 2000, and are intended to make the process simpler and more foolproof No more endorsements, charges, or credits for adding or deleting vehicles Beginning with this renewal, the auto liability and physical damage coverages will automatically apply to all of the city's vehicles. The city no longer needs to report a newly-acquired vehicle to LMCIT right away in order to have coverage on it. No mid-year endorsements will be needed or issued to add or delete coverage for specific vehicles. The city's premium for auto liability and auto physical damage coverage for the entire year will be based on the schedule of vehicles the city reports at renewal. There will be no additional charge for a newly-acquired vehicle that the city adds. Nor will there be a premium credit for deleting a vehicle that the city gets rid of (Though it's not necessary, you can if you prefer still report vehicle additions and deletions to LMCIT as they occur during the year, but there won't be any mid-term endorsement or premium adjustment.) This change should eliminate a lot of paperwork and accounting for both the city and LMCIT. It also eliminates the possibility of being left without coverage because you overlooked or forgot to report a vehicle. Coverage changes The auto liability and auto physical damage coverage documents have been completely re- written to be more clear and easier to read and understand. The revised coverages also broaden or clarify coverage in several respects: • The auto liability coverage revision clarifies that city volunteers as well as employees who are using their own vehicles on city business are "covered parties". The city's LMCIT auto liability coverage normally would apply as excess over the volunteer's own coverage, but the city can for an additional premium to make the city's LMCIT coverage primary in that situation for specified employees or volunteers. • The separate "comprehensive" and"collision" coverage options will no longer be offered. They're replaced by the new"auto physical damage"coverage that covers both collision and other physical damage risks. • The auto physical damage coverage will now apply automatically to all city vehicles, including trailers, on a blanket basis. However, the city does have the option to exclude physical damage coverage for specified vehicles. In effect,this approach is the reverse of how the physical damage coverage worked previously. I.e.,the old practice was that the city needed to specifically schedule each vehicle in order to have physical damage coverage; under the new approach,the city needs to specify the vehicles for which you don't want physical damage coverage. • The city's LMCIT auto physical damage coverage will automatically cover vehicles that the city borrows or leases, as well as vehicles the city owns. (Note though that this does not mean that there's coverage for physical damage to a city employee's vehicle while s/he is using his/her own vehicle on city business; that vehicle is not considered to be borrowed or rented or leased by the city.) • We've clarified that the auto coverage will automatically cover physical damage to a commercial rental car which a city officer, employee, or volunteer rents for use on city business, if the individual is responsible for that damage under the rental p g en 1 agreement. • LMCIT will now automatically provide auto coverage for non-owned vehicles for all LMCIT members. What information will the city need to report to LMCIT? The city will still need to maintain an inventory of its vehicles, since we'll need that information to calculate premiums at the renewal. The listing of vehicles that the city provides for rating purposes should include any trailers over 2000 pounds. (Smaller trailers will still be covered for both liability and physical damage, but don't need to be included in the listing for calculating premiums.) In addition to the listing of vehicles,the city also needs to specify • Any vehicles on which the city does not want coverage for physical damage; and • Any vehicles which the city wants covered for replacement cost rather than ACV. If you add a vehicle in either of these latter two categories during the year, you'll need to report that vehicle in order to have the proper coverage; otherwise it will automatically be covered for physical damage at ACV. 2 Who do we call with questions? Contact your LMCIT underwriter, or Pete Tritz at the League office. 3 LMCIT LMCRisk 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 LMCIT LIABILITY COVERAGE OPTIONS LIABILITY LIMITS, COVERAGE LIMITS, AND WAIVERS LMCIT gives cities several options for structuring their liability coverage. The city can choose either to waive or not to waive the monetary limits that the statutes provide; and the city can select from among several liability coverage limits. This memo discusses these options and identifies some issues to consider in deciding which of the options best meets the city's needs. What are the statutory limits on municipal tort liability? The statutes limit a city's tort liability to a maximum of$300,000 per claimant and$1,000,000 per occurrence. These limits apply whether the claim is against the city, against the individual officer or employee, or against both. What are the coverage limits for LMCIT's basic primary liability coverage? LMCIT's liability coverage provides a limit of$1,000,000 per occurrence, matching the per- occurrence part of the statutory municipal tort liability limit. Under the basic coverage form the $300,000 per claimant part of the statutory liability limit is not waived, so if the statutory limit applies to the particular claim,LMCIT and the city would be able to use that limit as a defense. Beside the overall coverage limit of$1,000,000 per occurrence, there are also annual aggregate limits (that is, limits on the total amount of coverage for the year regardless of the number of claims),for certain specific risks. Aggregate limits apply to the following: Products/completed operations $1,000,000 annually Failure to supply utilities $1,000,000 annually EMF $1,500,000 annually Limited pollution* $1,000,000 annually Lead and asbestos* $200,000 annually Land use litigation** $1,000,000 annually Y2k—basic* $25,000 annually Y2k—expanded* $750,000 annually Employers liability (work comp) $1,000,000 annually The limit applies to both damages and defense costs. ** Cov era a is on a sliding scale percentage basis. If the statute limits our liability to$1,000,000 per occurrence,why would the city purchase higher coverage limits than that? There are several different reasons why cities should strongly consider carrying higher limits of liability coverage. 1. The statutory tort limits either do not or may not apply to several types of claims. Some examples include: • Claims under federal civil rights laws. These include Section 1983,the Americans with Disabilities Act,etc. • Claims for tort liability that the city has assumed by contract. This occurs when a city agrees in a contract to defend and indemnify a private party. • Claims for actions in another state. This might occur in border cities that have mutual aid agreements with adjoining states,or when a city official attends a national conference or goes to Washington to lobby, etc. • Claims based on liquor sales. This mostly affects cities with municipal liquor stores, but it could also arise in connection with beer sales at a fire relief association fund-raiser,for example. • Claims based on a "taking"theory. Suits challenging land use regulations frequently include an "inverse condemnation"claim, alleging that the regulation amounts to a "taking"of the property. 2. LMCIT's primary liability coverage has annual limits on coverage for a few specific risks. The table on page 1 lists the liability risks to which aggregate coverage limits apply. If the city has a loss or claim in one of these areas, there might not be enough limits remaining to cover the city's full exposure if there is a second loss of the same sort during the year. Excess liability coverage gives the city additional protection against this risk as well. However there are a couple of important restrictions on how the excess coverage applies to risks that are subject to aggregate limits: • The excess coverage does not apply to three risks: lead and asbestos;failure to supply utilities; and Y2k; and • The excess coverage does not automatically apply to liquor liability unless the city specifically requests it. 3. The city may be required by contract to carry higher coverage limits. Occasionally, a contract might include a requirement that the city carry more than $1,000,000 of coverage limits. Carrying excess coverage is a way to meet these requirements. (There's 2 also another option for cities in this situation. LMCIT can issue an endorsement to increase the city's coverage limit only for claims relating to that particular contract. There's a small charge for these "laser"endorsements.) 4. There may be more than one political subdivision covered under the city's coverage. An HRA,EDA, or port authority is itself a separate political subdivision. If the city EDA, for example, is named as a covered party on the city's coverage and a claim were made that involved both the city and the EDA, theoretically the claimant might be able to recover up to $1,000,000 from the city and another$1,000,000 from the EDA, since there are two political subdivisions involved. Excess coverage is one way to provide enough coverage limits to address this situation. Another solution is for the HRA,EDA, or port authority to carry separate liability coverage in its own name. This issue of multiple covered parties can also arise is if the city has agreed by contract to name another entity as a covered party, or to defend and indemnify another entity. 5. Cities sometimes choose to carry higher coverage limits because of a concern that the courts might overturn the statutory liability limits. However, those limits have now been tested and upheld several times in Minnesota. While it's always possible that a future court might decide to throw out the statutory limits, this is now less of a concern. What excess liability coverage limits are available? Excess coverage is available in $1 million increments,up to a maximum of$5 million. We're just a small city. Isn't excess liability coverage really just something that big cities might need? Absolutely not. If anything, excess liability coverage is even more important to a small city. If a city ends up with more liability than it has coverage, the city will have to either draw on existing funds or go to its taxpayers to pay that judgment. A large city faced with, say, a million dollars of liability over and above what its LMCIT coverage pays might be able to spread that $1 million cost over several thousand taxpayers. The small city by contrast might be dividing that same$1 million cost among only a couple hundred taxpayers. $1 million divided among 5000 taxpayers is $200 apiece—annoying but probably at least manageable for most taxpayers. $1 million divided among 200 taxpayers is $5000 apiece—enough to be a real problem for many. How does excess coverage apply to uninsured/underinsured motorist coverage? If the city carries excess liability coverage,the city has the option to have the excess coverage also apply to uninsured or underinsured motorist (UM/UIM) claims. To do so, the city must first increase its primary UM/UIM limit from the basic $50,000 to$1,000,000. There are additional premium charges both to increase the primary UM/UIM limit and to apply the excess coverage to the UM/UIM exposure. The city needs to consider whether the benefit from having higher UM/UIM limits is worth that cost. 3 The UM/UIM coverages are intended to assure that an injured driver will be compensated if s/he is injured in an accident caused by an uninsured or underinsured driver. The UM/UIM coverage steps into the place of the liability insurance that the driver should have had. Keep in mind that in the case of city vehicles, an injury to the driver while operating a city vehicle would in most cases be covered by workers' compensation. The amounts the individual would be able to recover from UM/UIM would be in addition to the medical, indemnity, and other benefits paid under work comp. In many cases, it would amount to a double recovery for the individual's injuries. A city might decide to carry a higher limit for a couple reasons: if they believe the workers' compensation benefits are insufficient to compensate their injured employees; or if they want to make sure that non-employees riding in city vehicles are fully compensated in the event of an accident with an uninsured or underinsured vehicle. (Note that in most cases the passenger's own UM/UIM would also respond.) LMCIT now gives the cities who participate in the primary liability coverage the option to waive the$300,000 per claimant statutory liability limit. What's the effect if we do this? If the city chooses the "waiver"option, the city and LMCIT no longer can use the statutory limit of$300,000 per claimant as a defense. Because the waiver increases the exposure,the premium is roughly 3%higher for coverage under the waiver option. If the city waives the statutory limit, an individual claimant could therefor recover up to $1,000,000 in damages on a claim. Of course,the individual would still have to prove to the court or jury that s/he really does have that amount of damages. Also, the statutory limit of $1,000,000 per occurrence would still apply; that would limit the individual's recovery to a lesser amount if there were multiple claimants. Why would the city choose to pay more in order to get the waiver-option coverage? Does it give the city better protection? � tY P No. Buying coverage under the "waiver"option doesn't protect the city any better. The benefit is to the injured party. The statutory liability limit only comes into play in a case where 1) the city is in fact liable; and 2) the injured party's actual proven damages are greater than the statutory limit. Very literally, applying the statutory liability limit means that an injured party won't be fully compensated for his/her actual,proven damages that were caused by city negligence. Some cities as a matter of public policy may want to have more assets available to compensate their citizens for injuries caused by the city's negligence. Waiving the statutory liability limits is a way to do that. 4 Other cities may feel that the appropriate policy is to minimize the expenditure of the taxpayers' funds by taking full advantage of every protection the legislature has decided to provide. There's no right or wrong answer on this point. It's a discretionary question of city policy that each city council needs to decide for itself. How would the waiver affect our city's coverage or risk on those claims that the statutory tort liability limits don't apply to? It doesn't. Waiving the statutory tort limits has no effect on claims that the statutory limits don't apply to. What's the effect of waiving the statutory limits if we have excess coverage? If the city has $1 million of excess coverage and chooses to waive the statutory tort limits,the claimants (whether it's one claimant or several) could then potentially recover up to $2 million in damages in a single occurrence. If the city carries higher excess coverage limits, the potential maximum recovery per occurrence is correspondingly higher. Carrying excess coverage under the waiver option is a way to address an issue that some cities find troubling: the case where many people are injured in a single occurrence caused by city negligence. Suppose, for example,that a city vehicle negligently runs into a school bus full of kids, causing multiple serious injuries. $1,000,000 divided 50 ways may not go far toward compensating for those injuries. Excess coverage under the waiver option makes more funds available to compensate the victims in that kind of situation. The cost of the excess liability coverage is about 25% greater if the city waives the statutory tort limits. The cost difference is proportionally greater than the cost difference at the primary level because for a city that carries excess coverage, waiving the statutory tort limits increases both the per-claimant exposure and the per-occurrence exposure. If we waive the statutory tort liability limits,does it increase the risk that the city will end up with liability that LMCIT doesn't cover? No. The waiver form specifically says that the city is waiving the statutory tort liability limits only to the extent of the city's coverage. Of course,that's not to say that there is no risk that the city's liability could exceed its coverage limits. We listed earlier a number of ways that could happen to any city. But the waiver doesn't increase that risk. Can we waive the statutory tort limits for the primary coverage but not for the excess coverage? No. If the city decides to waive the statutory tort limits, that waiver applies to the full extent of the coverage limits the city has. The city cannot partially waive the statutory limits. 5 I'm confused. Is there a simple way to summarize the options? It's not necessarily simple, but the table on the following page is a shorthand summary of what the effect would be of the various coverage structure options in different circumstances. I'm still confused. Who can I talk to? Give us a call at the League office. Pete Tritz, Tom Grundhoefer,Doug Gronli, or any of LMCIT's property/casualty underwriters will be glad to talk with you. 6 ^�i .o 0 i w Ebl c}. 3 ' = • " +•-' 2 0 0 0 0 o '� � o 0 o 0 o 0 0 0 �,.- 0 0. 0. 00 -. = ° " s 0 .� o Q' c o � U � O p = -" E 2 o 0 ° °O >, _ 0 0 0 0 3 ao � °0 0 0 0 0 0 0 O C V) _ _ _ �•i r.+ G 69 69 69 6R ,� � E-+ ° 0o •� o c t� ;•~Q � = .erg O O U ° O ° O :�.� N p O O O 0 EI G� C� a�i O 0 O *0 4 .y >O O O 0 0 0 . . c� U .64 .� N ,.0 = O CVc,)� H ct u ° Q? "V "0 L y vi vi N `J c�g c. •• N 0) y — y bA bA > > N 0 a) Z O > O E .° 3 .cam 3 0 0 0 " o AA A3 xA x � a