Agenda Package - 05-19-08 - Laserfiche WebLink

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ANNUAL PARTICIPATION AGREEMENT 0.119 AGREEMENT TO JOIN THE ll J NORTH CAROLINA COUNTIES LIABILITY AND PROPERTY JOINT RISK MANAGEMENT AGENCY • d.b.a. NCACC LIABILITY AND PROPERTY POOL WITNESSETH: WHEREAS, the county or local agency named below (Member) desires to protect against liability and property claims and to provide for the payment of said claims for which the county or local agency may be liable, and WHEREAS, the North Carolina Counties Liability and Property Joint Risk Management Agency d.b.a NCACC Liability and Property Pool ("the Pool") has been established by counties pursuant to G. S. 153A-445(a)(1) and G. S. 160A-460 through 160A-464; and WHEREAS, it is desirabte for the Member to join the Pool in order to provide a method of nsk sharing for liability and property claims; NOW, THEREFORE, BE IT RESOLVED that the Board of the Member hereby adopts the interlocal agreement entitled "Interlocal Agreement For A Group Self-Insurance Fund For Liability and Property Risk Sharing," and the Member executing this Participation Agreement hereby joins and agrees to participate in the Pool, which has been formed to create a group fund to pay the liability and property claims of the counties and other local agencies joining the Pool. FURTHER, BE IT RESOLVED that the undersigned representative of the Member has been authorized to execute the Participation Agreement (Agreement) to join the Pool. TERMS AND CONDITIONS 1. Agreement and Continuation of Coverage. The term of the Agreement commences on July 1, 2008 and ends on June 30, 2009. The Agreement and the Member's coverage will be automatically renewed on the termination date of the coverage regardless of whether payment for the subsequent coverage period has been received by the Pool. The continuation of Coverage will be pursuant to the same terms and conditions as the expiring coverage and as set forth in this Agreement, until and unless the Pool is notified by the Member prior to the coverage effective date. Each renewal shall be subject to the recalculation of contributions by the Pool. Applicable Coverages. This Agreement applies to those coverage limits, deductibles and exposures as stated in the Liability and Property Declarations or otherwise provided to the Member. The limits, deductibles and exposures are effective on the date as shown on the Liability and Property Declarations. The coverage applies to any endorsement attached to the Liability and Property Declarations as of the date specified on the endorsement. 1 Rating Information. Various information is necessary to determine the Liability and Property coverage contribution, including a listing of the Member's property, records, equipment and other items and exposures as requested in the Application for coverage. It is the responsibility of the Member to provide accurate information conceming the coverage within thirty (30) days of the date of the request. The information and other factors are used to determine the appropriate contribution amount. When the Pool determines that accurate information has not been provided, it will be at the discretion of the Pool to adjust the contribution due accordingly. Rates, fees and/or contributions applicable to the coverage are outlined on a separate rate exhibit, which becomes part of this Agreement upon execution and pre-audit certification. 4. Changes. Changes in funding types, rates and plan specifications, will occur only on the Members renewal date and will remain in effect for the coverage period. However, the Pool reserves the right to make adjustments to the Members' contribution and/or the plan specifications if a material, substantive amendment or modification to the Liability and Property coverage is instituted. It is the responsibility of the Pool to provide notice to the Member sixty (60) days pmor to any referenced contribution change, amendment or modification. 5. Property Appraisal. The Member, upon receipt of the final property appraisal conducted by the Pool, shall have thirty (30) days within which to object to the final appraisal via the filing of an Appeal, as outlined in Article 10. If the Member files no Appeal, the final appraisal shall be deemed accurate and the Member waives its right to object. 6. Claims Administration. The Member shall, as soon as practicable, report to the Pool, or its service provider, every incident or occurrence that may result in a claim. The Member is required to provide notice to the Pool with specific information concerning the date, time, place, circumstances and individual(s) involved in the incident or occurrence, and other information available to the Member at the time of notice. ® The Member shall cooperate with the Pool and its designee(s) concerning the litigation or the anticipated litigation of any claim. Pursuant to the Pool's request and payment by the Pool of reasonable expenses, the Member shall attend hearings, trials, and other proceedings, and will assist in effecting settlements, in securing and providing evidence, in attaining the attendance of witnesses and fully cooperate with the Pool and its designee(s) with regard to the defense of the claim. 2008- 2009 NCACC Liability and Property Pool Participation Agreement Page 1 of 2