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HomeMy WebLinkAboutContract 43604POLICE awARLorrHueattavouAo CITY SECRETARY CONTRACT NO.J3LP TEMPORARY INTERGOVERNMENTAL AGREEMENT FOR LAW ENFORCEMENT SERVICES IN PREPARATION FOR, DURING, AND AFTER THE 2012 DEMOCRATIC NATIONAL CONVENTION THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made and entered into this 111 day of 5,e,frim� V , 2012, byand between the CITY OF CHARLOTTE, CHARLOTTE-MECKLENBURG POLICE DEPARTMENT (hereinafter referred to as "CITY") and the CITY OF FORT WORTH, TEXAS, by and through its Police Department, (hereinafter referred to as "AGENCY.") AGENCY includes law enforcement personnel or other employees employed by that AGENCY and/or the legal entity that employs those personnel. The City and the Agency are collectively referred to as the "PARTIES." PURPOSE The CITY has been designated as the host city for the 2012 Democratic National Convention to be held on September 4, 2012, to September 6, 2012, (hereinafter referred to as the "EVENT"). The purpose of this Agreement is to provide additional law enforcement personnel and services to CITY for the period of August 28, 2012, through September 7, 2012, (hereinafter referred to as the "EVENT PERIOD"). This agreement defines the rights and obligations of the parties for the EVENT PERIOD including: the law enforcement powers of the visiting AGENCY; the CITY's protocol for compensating the AGENCY; the insurance coverage provided to AGENCY; the AGENCY's training obligations; and the protocol establishing a chain of command between the CITY and AGENCY during the EVENT PERIOD. ARTICLE ONE: STATUTORY AUTHORITY 1.01. Statutory Authority to enter into Temporary Enforcement Assistance Agreements. The statutory authorities for CITY to enter into temporary enforcement assistance agreements with both in and out of state AGENCIES are set forth in G.S. §160A-288 and §160A-288.3 respectively. (A copy of these statutes are attached to this agreement and incorporated herein as "Exhibit A") CFW & Charlotte, N.C. DNC Agreement 1 00-0 —12 P1 : � �?-11 2 P03:15 IN OFFICIAL RECORD CITY SECRETARY ET. WORTH, TX ARTICLE TWO: ORGANIZATIONAL STRUCTURE 2.01 Responsibility for Coordinating Local Law Enforcement Efforts: AGENCY agrees and acknowledges that CITY has been designated as the host city for the EVENT to be held in Charlotte, North Carolina from September 4, 2012, thru September 6, 2012. 2.02. National Special Security Event' AGENCY agrees and acknowledges that the EVENT has been classified by the federal government as a National Special Security Event (NSSE) 2.03. Coordinating Local Law Enforcement AGENCY agrees and acknowledges that CITY is a co-chair on the NSSE Executive Steering Committee and is responsible for coordinating law enforcement efforts in support of the EVENT. 2.04. Unified Law Enforcement Chain of Command. AGENCY acknowledges and agrees that at all times during any joint training session prior to and at all times during the EVENT PERIOD, the AGENCY's employees shall be subject to a structure of supervision, command and control coordinated by the CITY through a unified law enforcement command structure. Furthermore, that the supervision command and control shall be implemented regardless of such employee's rank or job title normally held within the AGENCY. 2.05. CITY's Commanding Officers. The commanding officers for this EVENT are Rodney Monroe, Chief of Police and Harold Medlock, Deputy Chief of Police. 2.06. General Orders. Policies and Directives to Apply. AGENCY's employees performing services under this Agreement will abide by applicable Charlotte - Mecklenburg Police Department (CMPD) Policies and Directives to the extent they do not conflict with the AGENCY's General Orders. CMPD's Policies and Directives will be provided to AGENCY in one or more EVENT information and trainmg sessions ("Event Preparatory Materials") prior to the EVENT in hard copy or on-line AGENCY shall disseminate Event Preparatory Materials to all Law Enforcement Officers ("LEOs' ) providing services for the EVENT PERIOD. In the event of a conflict between AGENCY's General Orders and CMPD Policies and Directives, AGENCY's General Orders shall control the conduct of AGENCY'S LEOs. 2.07. Jurisdiction, police powers, rights, privileges and immunities: AGENCY acknowledges and agrees that while deployed under the Unified Law Enforcement Chain CFW & Charlotte, N.C. DNC Agreement 2 of Command, AGENCY's LEOs shall have the same jurisdiction, powers, rights, privileges and immunities (including those related to the defense of civil actions and payment of judgments) as CITY's LEOs. Nothing in this section shall be interpreted as a waiver of any rights, defenses or immunities that may be available to that AGENCY or its employees. ARTICLE THREE: AGENCY RESPONSIBILITIES 3.01. Deployed Employees to Participate in Training. Upon reasonable advance written notification from CMPD, AGENCY's employees being deployed during the EVENT PERIOD shall participate and assist in EVENT training activities that are coordinated by CMPD or its designee For purposes of this Agreement, training activities will include Event Preparatory Materials and mandatory on-line training that must be completed prior to August 15, 2012, for all AGENCY employees providing services during the EVENT PERIOD. CMPD will provide an EVENT operating and briefing manual to AGENCY upon its arrival at or prior to the EVENT PERIOD. 3.02. AGENCY's employees to Provide Services. Upon reasonable advance written notification from the CMPD to the AGENCY, the AGENCY's employees being deployed during the EVENT PERIOD shall provide services as assigned by CMPD. 3.03. AGENCY's employees "On Duty." AGENCY agrees its employees will be placed "on duty" by CMPD at a time and location as decided by CMPD AGENCY agrees its employees shall be prepared to undertake the specific job tasks and responsibilities assigned to the AGENCY's employees by CMPD. AGENCY agrees that CITY may change the actual service to be provided by the AGENCY at anytime it deems necessary, so long as the services provided are law enforcement in nature. 3.04. AGENCY's employees to Participate in "After Action Activities." At the request of the CMPD, AGENCY agrees its employees shall participate in and/or provide information to and otherwise cooperate with the CMPD in any "after action activities" following the conclusion of the EVENT PERIOD. Such participation may include debriefings of information and experiences, completion of surveys and questionnaires, and assisting and/or participating in any civil and/or criminal legal proceedings CITY will be responsible for any additional travel expenses necessary for AGENCY's participation in any civil and/or criminal legal proceedings. 3.05. AGENCY to Provide Information. AGENCY agrees to cooperate with and provide the CITY with any other information reasonably requested by the CITY that the CFW & Charlotte, N.C. DNC Agreement 3 CITY deems necessary to facilitate and enable compliance with the Willis and conditions contained in this Agreement Such information includes but is not limited to verification of costs and expenditures incurred by AGENCY during the EVENT PERIOD. 3.06. AGENCY Contacts. AGENCY has designated the following contacts for operational and administrative purposes under this Agreement Onerational Contact Captain Daniel Humphries 501 Jones St. Fort Worth, Texas 76102 Administrative Contact Sergeant Lorne Tracy 501 Jones St. Fort Worth, Texas 76102 3.07. Resources to be provided by AGENCY. The personnel and resources to be provided by AGENCY are set forth in "Exhibit B ' attached to this Agreement and incorporated herein Exhibit B also sets forth the hourly rate of pay which the CITY will compensate the AGENCY for the time worked by its personnel and the travel related expenses that will also be compensated. 3.08. Criteria for AGENCY's LEO. Each LEO provided by AGENCY shall meet the following criteria: a. AGENCIES outside of North Carolina shall ensure and certify that the LEOs providing assistance under this Agreement are duly licensed or certified by the authority of the state or jurisdiction in which the officer is employed. b. North Carolina AGENCIES shall ensure and certify that the LEOs providing assistance under this Agieement are duly certified by the state of North Carolina. c In addition, AGENCY shall ensure and certify that each of the LEOs provided is in good standing by meeting the following criteria: 1. That each LEO by reason of experience, training and physical fitness shall be capable of performing functions associated with a large scale security event; and 2. That each LEO shall have at least 12 months experience as a full time police officer, and 3. That each LEO is not currently under administrative leave pending the results of an internal investigation or under investigation for CFW & Charlotte, N.C. DNC Agreement 4 violations of rights protected by the First, Fourth and Fourteenth Amendments of the United States Constitution or laws or rules of conduct related to search and seizure and use of force; and 4. That each LEO has not received a sustained finding for conduct that involved dishonesty or fraud in the last 10 years or have any sustained complaints for excessive, unreasonable or unnecessary force within the last three (3) years; and 5. That each LEO has not been convicted of a felony or a crime involving dishonesty or fraud; and 6. That no LEO has been sued in an individual or official capacity in the last three (3) years and adjudicated as liable for violations of rights protected by the First, Fourth and Fourteenth Amendments of the U. S. Constitution d. AGENCY agrees to promptly notify the CMPD in the event that any LEO is no longer an officer in good standing with the AGENCY. 3.09. LEO Eauinment As detailed in the approved equipment list, included in this Agreement within Exhibit B each LEO shall be equipped with the following• a seasonally appropriate patrol uniform and other authorized regular duty equipment, including but not limited to: service belts, service weapon, radio, and personal soft ballistic body armor as required to be worn by the LEO while on duty for the AGENCY. AGENCY shall not bring to the EVENT PERIOD or possess during the EVENT PERIOD any chemical or other non -lethal munitions expect as provided by CMPD 3.10. CMPD Can Decline LEO. AGENCY acknowledges and agrees that at any time during the term of this Agreement that the CMPD has the sole discretion to decline deployment of any LEO up to two (2) days prior to the EVENT PERIOD without cause or explanation. 3.11. AGENCY Judgment and Priorities. AGENCY will exercise its best efforts to provide services during the EVENT PERIOD. However, the Parties recognize that AGENCY retains the right to recall some or all of its LEOs to its home jurisdiction based upon the public safety needs of its state. 3.12. AGENCY Resnonsible for Costs. Except as set forth in Articles Four and Five, AGENCY shall be responsible for all costs associated with providing LEO assistance that are not explicitly assumed by CITY as stated in this Agreement and authorized in writing. Nothing in this Section shall prohibit authorized representatives of the CITY CFW & Charlotte, N.C. DNC Agreement 5 and AGENCY from agreeing in writing to the assignment of specific costs borne of unforeseen circumstances during the EVENT PERIOD. For purposes of this Section, official electronic messaging will suffice for "in writing" only by the Commanding Officers or their designee ARTICLE FOUR: CITY RESPONSIBILITIES In addition to providing law enforcement planning for the EVENT PERIOD, CITY agrees to the following• 4.01. EVENT Training. CITY agrees that it will provide EVENT training for participating AGENCY LEOs, including Event Preparatory Materials on or about August 15, 2012. Such training materials will be limited to training for purposes of the EVENT only and shall not include training on CITY's policies and directives. 4.02. Lodging and Food. CITY will provide lodging and food for Agency LEOs perforating services under this Agreement The CMPD shall provide lodging and food location assignments to AGENCY's LEOs in writing prior to the EVENT PERIOD. CITY will r eimburse AGENCY a standard per diem for each LEO for two days of travel to and two days of travel from the CITY or portion thereof. The per diem rate is established based on the location of the LEOs during travel to and from the EVENT. CITY agrees to reimburse AGENCY for hotel expenses during the travel to and from CITY at the government rate plus tax. 4.03. Not to Exceed Amount. CITY shall further cover personnel and transportation expenses of LEOs providing services during the EVENT PERIOD, as well as all travel expenses to and from the EVENT. AGENCY's estimate of allowable expenses will be itemized on a Travel Reimbursement Request form. A copy of the Travel Reimbursement Request is attached and incorporated along with Exhibit B. The compensation to AGENCY for its LEO's services pursuant to this Agreement is based on Exhibit B and is expressly approved by CITY. This estimate is a "not to exceed" amount as set forth in Exhibit B The AGENCY agrees that all actual payments in an amount equal or less than this amount shall be based on itemized invoices provided to CITY pursuant to its Fiscal Administration Requirements, attached and incorporated herein as "Exhibit C." 4.04. Insurance. The CITY has procured Law Enforcement Liability Insurance and Workers' Compensation Insurance for the PARTIES for the EVENT PERIOD as set forth in Section 14 of this agreement. CFW & Charlotte, N.C. DNC Agreement 6 ARTICLE FIVE: FINAL PAYMENT TERMS 5.01. Necessary Costs. AGENCY shall only be paid for the necessary costs of participating during the EVENT PERIOD and any "after action activities" as described m Section 3.04. 5.02. LEOs Actually Utilized. Subject to the terms of this Agreement, the CITY agrees to provide payment to the AGENCY for each LEO for on duty services during the EVENT PERIOD. 5.03. Withhold Payment. In the event the AGENCY fails to comply with any terms or conditions of this Agreement or fails to provide in any manner the work or services as agreed to herein, the CITY reserves the right to withhold any available payment until the CITY is reasonably satisfied that terms and conditions of this Agreement have been met or that corrective action has been taken to the satisfaction of the CITY; or that the work or services in question was in fact provided pursuant to this Agreement. This right is in addition to and not in lieu of the CITY's right of termination as provided in this Agreement. If AGENCY believes CITY is unreasonably withholding payment, AGENCY may appeal the matter to CITY's City Manager for consideration. If the parties cannot agree to a resolution, AGENCY reserves the right to use litigation to collect under this Agreement however, the PARTIES agree that they will attend mediation to resolve any disputes prior to filing a lawsuit. ARTICLE SIX: LAW ENFORCEMENT PROCEDURES 6.01. Authority to Act as LEOs. LEOs from AGENCIES located outside the State of Noi th Carolina shall have the same jurisdiction, powers, rights, privileges and immunities (including those related to the defense of civil actions and payment of judgments) as LEO's for the CITY as set forth in N. C. G. S. § 160A-288.3. LEO's from inside the State of North Carolina shall have the same jurisdiction, powers, rights, privileges and immunities (including those related to the defense of civil actions and payment of judgments) as LEO's for the CITY as set forth in N. C. G. S. § 160A-288. 6.02. Law Enforcement Activities Law enforcement methods employed by the AGENCY's LEOs shall conform to the lawful commands of the CITY's Chief of Police or his designee, North Carolina law, the United States Constitution, and any applicable federal law. 6.03. Officer Exposure If AGENCY'S LEOs are exposed to hazardous materials, the CFW & Charlotte, N.C. DNC Agreement 7 LEO shall be treated by an appropriate hospital or clinic facility, such as Concentra, at the CITY s expense. Exposure situations will be handled in a manner comparable to AGENCY's General Orders In the event of a LEO exposure, the AGENCY shall be contacted immediately by calling Marty Humphrey at 817-392-4242. ARTICLE SEVEN: TERM OF AGREEMENT 7.01 Unless otherwise terminated by either PARTY as set forth in Article Twelve, the term of the Agreement shall commence on August 31, 2012, and terminate September 9, 2012, unless terminated earlier as set forth herein. The terms of this Agreement regarding AGENCY's participation in "After Action Activities," including criminal and/or civil trials, after the conclusion of the Agreement will remain m effect. ARTICLE EIGHT: MUTUAL BENEFITS TO PARTIES - CONSIDERATION 8.01. Further Consideration. Other than the items stated in Sections 4.02, 4.03 and 4.04 and related exhibits, further consideration for this Agreement shall be non -monetary and shall consist of enhanced public safety and improved law enforcement activity in the Greater Mecklenburg County region during the EVENT PERIOD and other mutual benefits through the cooperative efforts of the PARTIES under this Agreement. ARTICLE NINE: STATUS OF AGENCY AS INDEPENDENT CONTRACTOR; RULES OF CONDUCT 9.01. Independent Contractor: Agency to be Fully Responsible. This Agreement is not intended to and will not constitute, create, give rise to, or otherwise recognize a joint venture, partnership, corporation or other formal business association or organization of any kind between the PARTIES Moreover the rights and the obligations of the PARTIES under this Agreement will be only those expressly set forth in this Agreement AGENCY will perform under this Agreement as an independent contractor to the CITY and not as a representative, employee, agent or pal tiler of the CITY. Except to the extent covered by the insurance policies covering the AGENCY under Article Fourteen of this agreement and the "not to exceed" compensation amount stated in Agreement Section 4.03, AGENCY acknowledges and affirms that unless specifically provided for by this Agreement, AGENCY remains fully responsible for any and all obligations as the employer of its LEOs assigned to the EVENT PERIOD except as specifically provided by this Agreement. 9.02. Rules of Conduct. During the EVENT PERIOD, all LEOs of AGENCY shall report to the CITY's officer in tactical control at the location to which said LEOs have CFW & Charlotte, N.C. DNC Agreement 8 been dispatched and shall be under the operational command of the CITY's Commandmg Officer or his designee. 9.03. Discipline / Internal Investigation/ Criminal. The CITY shall refer disciplinary matters involving LEOs employed by outside agencies to that AGENCY. The CITY and AGENCY agree to fully cooperate in any internal or criminal investigation involving each PARTY's LEOs to the extent permissible by AGENCY's laws or by that AGENCY's collective bargaining agreement. AGENCY will not be required to give CITY any documents that are required by law to remain confidential under Section 143.089(g) of the Texas Local Government Code. Nothing in this section prevents the CITY from conducting its own independent investigation and making its own findings. ARTICLE TEN: MUTUAL RESPONSIBILITY; NO WAIVER OF IMMUNITIES 10.01. Each Party to be Responsible Each PARTY agrees that it will be responsible for its own acts and/or omissions and those of its officials employees, representative and agents in carrying out the ternns of this Agreement and the results thereof to the extent authorized by law and shall not be responsible for the acts and/or omissions of the other Party and the results thereof. Notwithstanding the foregoing, nothing contained in this Section shall waive, nor shall it be construed to waive any rights and benefits either party has with regard to its status under the insurance coverage described in Article Fourteen of this Agreement 10.02. No Waiver of Defense or Immunity. It is understood and agreed that each PARTY s liability may be limited by the provisions or other immunity law applicable to the AGENCY. PARTIES understand and agree that neither PARTY has waived the rights, immunities and protections provided by law. Nothing contained in this Agreement shall waive or amend, nor shall be construed to waive or amend any defense or immunity that either Party, their respective officials and employees, may have under Article Fourteen or any other legal immunity or limitation of liability, all of which are hereby reserved by the PARTIES hereto. ARTICLE ELEVEN: RECORDS AND DISSEMINATION OF INFORMATION 11.01. AGENCY to Comply. The AGENCY shall comply with all applicable Texas local, state, or federal laws and requirements pertaining to maintenance and disclosure of personnel, criminal justice, medical, or health records or data including those methods and procedures as set forth as privileged by the Secret Service. Such records or data may be in hard copy printed, digital or electronic format. AGENCY agrees that, if possible CFW & Charlotte, N.C. DNC Agreement 9 and to the extent as required under the Texas Public Information Act, it may provide prior notice to CITY of any request for and/or release, transmission or disclosure of information associated with or generated as a result of the work performed under this Agreement or related to the EVENT or the EVENT PERIOD and may provide CITY the opportunity to submit arguments to withhold documents to the Texas Attorney General. 11.02. CITY and AGENCY Access to Records. The CITY and AGENCY agree that any duly authorized representatives of either PARTY, including the City Auditor or other financial representative, or a federal grant auditor, will have access to, and the right to, examine any directly pertinent books documents, paper, records and data of the PARTIES, involving transactions related to this Agreement until the expiration of seven (7) years after the termination of this Agreement 11.03. AGENCY to Provide Records. In the event of the need for personnel or other records in criminal and/or civil proceedings, the AGENCY agrees to provide such records as requested. AGENCY will not be required to provide records that are confidential under Section 143.089(g) of the Texas Local Government Code In the event any records are privileged under any other law, CITY will be responsible for obtaining any applicable protective order. ARTICLE TWELVE: TERMINATION RIGHTS OF PARTIES 12.01. By the CITY. The CITY may terminate this Agreement at any time prior to the EVENT PERIOD without penalty In addition to the foregoing termination rights, the CITY may terminate this Agreement without penalty based on the failure of the AGENCY to comply with or perform any material term, condition or obligation contained in this Agreement and AGENCY's failure to cure such default within seven (7) calendar days after the CITY or CMPD provides AGENCY with written notice of such failure. 12.02. By the AGENCY. The AGENCY may terminate this Agreement without penalty prior to August 15, 2012, based on the AGENCY's determination per Section 3 11 that it does not have the resources available to participate in the EVENT. In the event that AGENCY's LEOs are needed for a catastrophic event in AGENCY's state prior to or at the same time services are to be rendered under this Agreement, AGENCY may terminate this Agreement without penalty. 12.03. Act In Good Faith Both the CITY and the AGENCY shall act in good faith to provide as much advance written notice of termination under this Section to the other CFW & Charlotte, N.C. DNC Agreement 10 PARTY that is reasonable under the circumstances. 12.04. CITY Payment for Services. In the event of termination by either PARTY, the CITY will only pay AGENCY for those services authorized hereunder and actually, timely and faithfully rendered up to the receipt of the notice of termination and thereafter until the date of termination. Neither the CITY nor the AGENCY shall be entitled to the recovery of any penalties, consequential damages or attorneys fees related in event of termination hereunder. ARTICLE THIRTEEN: GOVERNING LAW; COMPLIANCE WITH LAWS 13.01. Applicable Law and Venue Each and every term, condition, or covenant herein is subject to and shall be construed in accordance with North Carolina law and any applicable federal law. Any action arising from this Agreement shall be brought and maintained in a state or federal court located in Mecklenburg County North Carolina, which shall have exclusive jurisdiction of such action No legal or equitable rights of the PARTIES shall be limited by this Section. ARTICLE FOURTEEN: INSURANCE 14.01. Workers' Compensation Insurance. The parties understand that the CITY has procured Workers Compensation Insurance coverage for injury, illness or death of AGENCY's personnel during the EVENT. It is understood that the POLICY excludes employees from California, New Hampshire, Maine, Ohio, Washington, North Dakota, and Wyoming. The parties understand that each claim will be evaluated by the insurer to determine whether the injury, illness or death is compensable pursuant to the terms of the POLICY. 14.02. Police Professional Liability Insurance. 1. CITY Binding Liability Policy The CITY has purchased a primary Police Professional Liability Insurance Policy (the "POLICY' ), including law enforcement professional liability coverage policy which will be the primary policy during the EVENT PERIOD, and shall include claims made after the EVENT PERIOD that relate back to the EVENT. In addition, the CITY is self -insured up to two million dollars for each occurrence and has excess insurance coverage above the self -insured retention The terms of the POLICY are attached and incorporated herein as "Exhibit D a. Primary Policy. The POLICY will be the primary policy to the extent one or more policies of Police Professional Liability Insurance provide coverage for any claim or incident. The CFW & Charlotte, N.C. DNC Agreement 11 POLICY will be the primary policy to any insurance, or self- insurance of the AGENCY. b. Coverage Limits The parties understand that the CITY's liability under the primary Law Enforcement Liability Agreement is limited to $10,000 000.00 for each occurrence with an aggregate of $10,000.000.00. The parties further understand and agree that each occurrence is subject to a $25,000.00 deductible and that it is the responsibility of the CITY to pay the deductible. c. Cooperate With Underwriter. AGENCY and its LEOs agree to cooperate with the underwriters for the EVENT POLICIES by timely providing information as is reasonably requested by the insurer or its designee(s): (1) This cooperation will include both the underwriting process and the claims process and this obligation shall survive and extend (if necessary) beyond the termination date of this Agreement; and (2) The AGENCY agrees to fully cooperate in the defense of any civil claims, as reasonably requested by the insurer or its designee and shall instruct its LEOs do the same. 2. Claims and Defenses a. Defense Can Be Provided. The AGENCY understands that a defense can be provided for the AGENCY, its LEOs or other parties to the extent they are named as parties to a lawsuit for an action or omission that is alleged to have occurred during the course and scope of the services provided for the EVENT; however, the CITY shall not have any duty to indemnify for loss or liability against the actions or omissions that ai e judicially determined to be beyond the course and scope of the services provided foi or in support of the CITY during the EVENT. b. CITY Responsible for Deductible. The Parties agree the CITY will be responsible for any deductible amount required under the CFW & Charlotte, N.C. DNC Agreement 12 POLICY. c. CITY/INSURER to Settle Claims. The Parties agree the CITY and/or the Insurer shall have the exclusive and sole right to approve or reject any compromise or settlement of any claim filed against the AGENCY, its LEOs or other insured parties under the POLICY, with the exception of settlements that will directly cost the AGENCY money d. No CITY Indemnity The AGENCY agrees the CITY shall not have any duty or obligation to indemnify against loss or liability beyond the monetary limit as provided by this agreement. 14.03. Additional Coverage 1. Specific Coverage Automobile and Equipment Each PARTY will at all times, be legally self -insured or maintain auto insurance, equipment, and/or property insurance for its own automobiles, equipment or other property used during its performance of EVENT PERIOD services. ARTICLE FIFTEEN: NOTICE 15.01. Termination Notices: Notices concerning the termination of this Agreement, alleged or actual violations of the terms or conditions of this Agreement, and other notices that may or should be given to either party under this Agreement will be made in writing to each party as follows: For Notice to the CITY: With copies to: Harold Medlock, Deputy Chief of DNC OPERATIONS Charlotte -Mecklenburg Police Depth tuuent 601 Trade Street Charlotte, NC 28082 Mark H. Newbold Police Attorney s Office Charlotte -Mecklenburg Police Department 601 East Trade Street Chailotte, North Carolina 28202 For Notice to the AGENCY: Major Paul Henderson CFW & Charlotte, N.C. DNC Agreement 13 With Copies to: 350 W. Belknap St. Fort Worth, Texas 76102 Captain Daniel Humphries 501 Jones St. Fort Worth, Texas 76102 Jessica Sangsvang Police Legal Advisor 1000 Throckmorton St. Fort Worth, Texas 76102 ARTICLE SIXTEEN: LEGAL AUTHORITY 16.01. Possession of Legal Authority Each Party represents that is possesses the legal authority, pursuant to proper, appropriate statute ordinance, official motion, resolution or action passed or taken or required, to enter into this Agreement 16.02. Authorization for Person Signing. The person or persons signing and executing this Agreement on behalf of each PARTY hereby represents and guarantees that he/she or they have been fully authorized by such PARTY to execute this Agreement on behalf of the PARTY and to validly and legally bind the PARTY to all the terms, conditions, performances and provisions herein 16.03. Dispute as to Authority. The CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement, if there is a dispute as to the legal authority of either the AGENCY or the person signing the Agreement on behalf of such AGENCY. ARTICLE SEVENTEEN: ADDITIONAL PROVISIONS 17.01. Further Assurances. The PARTIES shall perform such acts, execute and deliver such instruments and documents, and do all such other things as may be reasonably necessary to accomplish the transactions contemplated in this Agreement. 17.02. No Waiver. Acceptance of partial performance or continued performances after breach shall not be construed to be a waiver of any such breach 17.03. Assignment and Subcontracting. Neither PARTY is obligated or liable under this Agreement to any Party other than the other PARTY to the Agreement Each PARTY understands and agrees that it shall not assign or subcontract with respect to any of its CFW & Charlotte, N.C. DNC Agreement 14 rights, benefits or duties under this Agreement except upon prior written consent and approval of the other PARTY, and in the event any other such assignment or subcontracting shall occur, such action shall not be construed to create any contractual relationship between the PARTIES and such assignee or subcontractor, and each PARTY herein named shall remain fully responsible to the other PARTY according to the terms of this Agreement. 17.04. No Third Partv Beneficiary. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the PARTIES to the Agreement, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person or entity on such Agreement, including but not limited to members of the general public. It is the express intention of the PARTIES that any person or entity, other than the PARTIES to this Agreement receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only 17.05. Use of Digital, Video and or Recording Devices. AGENCY agrees that none of its employees shall record and/or post electronically to any social network or otherwise in any fashion distribute any information or data related to the EVENT. CITY agrees to share information and data including video footage with AGENCY of the EVENT for training purposes at the discretion of CITY upon receiving a written request from the AGENCY. 17.06. Paragraph Headings The captions and headings set forth in this Agreement are for convenience of reference only, and shall not be construed as defining or limiting the terms and provisions in this Agreement. 17.07. Severability If any provision of this Agreement or the application thereof, to any person, place or circumstance is held by a court of competent jurisdiction to be invalid, unenforceable or void, the remainder of this Agreement and such provisions as applied to other persons, places and circumstances will remain in full force and effect only if, after excluding the portion deemed to be unenforceable, the remaining terms will provide for the consummation of the transactions contemplated hereby in substantially the same manner as originally set forth herein. In such event, the PARTIES will negotiate, in good faith, a substitute, valid and enforceable provision or Agreement which most nearly affects the PARTIES' intent in entering into this Agreement 17.08 Agreement as Complete Integration - Amendments This Agreement is the complete integration of all understandings between the PARTIES as to the subject matter. No addition, deletion, or other amendment hereto shall have any force or effect CFW & Charlotte, N.C. DNC Agreement 15 unless in writing properly executed by the PARTIES. Amendments to this Agreement will become effective when approved by the CITY and executed by both parties. 17.09. Survival of Certain Provisions. The terms of the Agreement and any exhibits and attachments that by reasonable implications contemplate continued performance, rights or compliance beyond expiration or termination of the Agreement survive the Agreement and will continue to be enforceable. 17.10. Counterparts. This Agreement may be executed in two (2) or more counterparts each of which will be deemed to be an original. • IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY OF FORT WORTH By: Jeffrey . Halste d Chief of Police Date ! te 3 ! ' By: Charles � iels Assistant City Manager Date: de Of / APPROVED AS TO FORM AND LEGALITY: Ob))t-61� �n�v✓G� Jes4a Sangsvang, Assistant CityJAttorney Date: ATTEST: 1 CITY 0 CHARLOTTE By: Chief of Police �,►e1/4,� OF pep* S "4o400�000+ v%oo. o 00 z o© 4 o114, albs I o° oA pr Mary %It- o 4J. K�� 1 Sei!we ad0000aa a CFW & Charlotte, N.C. DNC Agreement �l��.aa��pvSCrk tin f2€4, teli Wit - • OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Mary Kayser, City Secretary Date Authority M&C: ('. /y - z 1g 1z �. CFW & Charlotte, N.C. DNC Agreement 17 POLICE \If cHAai.ornAIraaeNeurto EXHIBIT A INTER - GOVERNMENTAL AGREEMENT 2012 DEMOCRATIC NATIONAL CONVENTION NORTH CAROLINA STATUTORY AUTHORITY TO ENTER INTO INTERGOVENMENTAL AGREEMENT N.C. STATUTORY AUTHORITY EXHIBIT A § 160A-288. Cooperation Between Law -Enforcement Agencies (a) In accordance with rules, policies, or guidelines officially adopted by the governing body of the city or county by which he is employed, and subject to any conditions or restrictions included therein, the head of any law -enforcement agency may temporarily provide assistance to another agency in enforcing the laws of North Carolina if so requested in writing by the head of the requesting agency. The assistance may comprise allowing officers of the agency to work temporarily with officers of the requesting agency (including in an undercover capacity) and lending equipment and supplies. While working with the requesting agency under the authority of this section, an officer shall have the same jurisdiction, powers, rights, privileges and immunities (including those relating to the defense of civil actions and payment of judgments) as the officers of the requesting agency m addition to those he normally possesses. While on duty with the requesting agency, he shall be subject to the lawful operational commands of his superior officers in the requesting agency, but he shall for personnel and administrative purposes, remain under the control of his own agency, including for purposes of pay. He shall furthermore be entitled to workers' compensation and the same benefits when acting pursuant to this section to the same extent as though he were functioning within the normal scope of his duties. (b) As used in this sections (1) "Head" means any director or chief officer of a law -enforcement agency including the chief of police of a local department, chief of police of county police department, and the sheriff of a county, or an officer of one of the above named agencies to whom the head of that agency has delegated authority to make or grant requests under this section, but only one officer in the agency shall have this delegated authority at any time (2) "Law -enforcement agency" means only a municipal police department, a county police department, or a sheriffs department All other State and local agencies are exempted from the provisions of this section (c) This section in no way reduces the jurisdiction or authority of State law -enforcement officers. (d) For purposes of this section, the following shall be considered the equivalent of a municipal police department: (1) Campus law -enforcement agencies established pursuant to G.S. 115D-211(a) or G.S. 116- 40.5(a). (2) Colleges or universities which are licensed, or exempted from licensure, by G.S. 116-15 and which employ company police officers commissioned by the Attorney General pursuant to Chapter 74E or Chapter 74G of the General Statutes. (3) Law enforcement agencies operated or eligible to be operated by a municipality pursuant to G.S. 63-53(2). (4) Butner Public Safety Authority. (5) A Company Police agency of the Department of Agriculture and Consumer Services commissioned by the Attorney General pursuant to Chapter 74E of the General Statutes. BALANCE OF PAGE INTENTIONALLY LEFT BLANK § 160A-288.3 Assistance By Out -of -State Lam Enforcement Officers (Exp. October 1, 2012) (a) In accordance with rules, policies, or guidelines adopted by the governing body of the city by which the officer is employed, and subject to any conditions or restrictions included therein, the head of any law enforcement agency of a municipality with a population that exceeds 500,000 may request and enter into temporary intergovernmental law enforcement agreements with out-of-state law enforcement agencies or out-of-state law enforcement officers to aid in enforcing the laws of North Carolina within the jurisdiction of the requesting municipality if so requested in writing by the head of the requesting agency. The assistance may comprise allowing out-of-state law enforcement officers to work temporarily with officers of the requesting agency (including in an undercover capacity) and lending equipment and supplies. While working with the requesting agency under the authority of this section, an out-of-state law enforcement officer shall have the same jurisdiction, powers, rights, privileges, and immunities (including those relating to the defense of civil actions and payment of judgments) as the officers of the requesting agency. While on duty with the requesting agency the out-of-state law enforcement officer shall be subject to the lawful operational commands of the chief of police and the chiefs chain of command for the requesting agency (b) As used in this section, the following definitions apply: (1) 'Head" means any director or chief officer of a law enforcement agency, including the chief of police of the requesting agency or an officer of the requesting agency to whom the head of that agency has delegated authority to make or grant requests under this section (2) "Law enforcement agency" means a municipal police department for a municipality that has a population of more than 500,000. All other State and local agencies are exempted from the provisions of this section. (3) "Out-of-state law enforcement agency" means an employer which is a governmental agency outside of this State and which is assigned primary duties and responsibilities for prevention and detection of crime or the general enforcement of the criminal laws of the home jurisdiction or serving civil processes, and which has employees who possess the power of arrest by virtue of an oath administered under the authority of the home jurisdiction (4) "Out-of-state law enforcement officer" means a full-time paid employee of a governmental employer who is actively serving in a position with assigned primary duties and responsibilities for prevention and detection of crime or the general enforcement of the criminal laws of the officer's home jurisdiction or serving civil processes, and who possesses the power of an est by virtue of an oath administered under the authority of the home jurisdiction, and who is in good standing and has no pending civil, criminal, or departmental action that would disqualify the officer if the officer were certified by this State. (5) "Temporary intergovernmental law enforcement agreement" means any agreement entered into by the agency head with the head of another out-of-state law enforcement agency for the use of officers or equipment for a designated period of time. (c) This section in no way reduces the jurisdiction or authority of State law enforcement officers. (d) Notwithstanding the provisions of G.S. 128-1 and G.S. 128-1.1(c 1), out-of-state law enforcement officers shall be authorized to hold dual offices when one of the appointive offices held is that of out-of-state law enforcement officer and the other appointive office is that of a law enforcement officer for a municipality authorized to enter into temporary intergovernmental law enforcement agreements pursuant to this section. (e) Notwithstanding the provisions of Chapter 17C and Chapter 17E of the General Statutes, out- of-state law enforcement officers certified and sworn in the officers' home jurisdiction and subject to the provisions of an intergovernmental law enforcement agreement under this section shall be deemed to have met the certification requirements of this State for the purposes of being sworn as a law enforcement officer with the requesting agency. (f) An intergovernmental law enforcement agreement entered into pursuant to this section shall address standards of conduct for the out-of-state law enforcement officers, including the requesting agencies' policies regarding the use of force. Additionally, the intergovernmental law enforcement agreement shall require all out-of-state law enforcement officers to successfully complete training as prescribed by the requesting agency. The intergovernmental law enforcement agreement shall also address the compensation of out-of-state law enforcement officers and the protocol for processing claims made against or by the out-of-state law enforcement officer. (g) This section becomes effective January 1, 2012, applies to all intergovernmental law enforcement agreements entered into on or after that date, and expires October 1, 2012. BALANCE OF PAGE INTENTIONALLY LEFT BLANK POLICE CHARLOTTEMECKLEMIURO EXHIBIT B INTER -GOVERNMENTAL AGREEMENT 2012 DEMOCRATIC CONVENTION APPROVED COSTS, MAXIMUM CONTRACT REIMBURSEMENT AND REIMBURSEMENT TABLE Approved Costs and Maximum Contract Reimbursement EXHIBIT B Agency: City of Fort Worth, Texas Address: 1000 Throckmorton St. City: _Fort Worth State: Texas Zip: 76102 I. Event Services and Resources: Compensation will be paid for law enforcement services during the event period as outlined in this Agreement. This includes, but is not limited to, crowd management, security at venues and events, traffic control, supervisory oversight and related law enforcement functions that support the safety and security of the DNC. II Labor Rates: The maximum allowable compensation will be calculated according to the compensation table below as detailed by rank/position A. Uniform Rates: These rates will be hourly and all-inclusive of indirect costs, such as administrative costs for support of such Officer, but not inclusive of DNC clerical administration i Each full-time equivalent (FTE) unifonu officer committed to this agreement for the duration of the EVENT PERIOD shall be present at the assigned duty location fully equipped Fully equipped is defined as in full specialized unit uniform, foot wear, headgear, duty belt and accessories, firearm, magazine(s), ammunition radio and communication accessories, personal O.C. spray, and personal protective equipment (PPE) See Approved Equipment List below. B. DNC Civilian Personnel: These rates will be hourly and apply to civilian staff necessary for providing full time support to law enforcement officers assigned to the Event. All civilian personnel must be authorized by the CMPD Deputy Chief of DNC Operations, or his designee, prior to final contract being executed. III. Equipment and Vehicle Usage: The AGENCY will be compensated for vehicles used in direct support of the EVENT. This will include transportation to and from an assigned check -in location or duty assignment at the beginning of a shift All vehicles and equipment have been pre -approved by the CMPD Deputy Chief of DNC Operations, or his designee, prior to submitting for reimbursement IV. Compensation Table Rank Officer/Deputy/Corporal Sergeant Lieutenant Captain and above Civilian Personnel Type Police Car Police Truck Police Van PERSONNEL COSTS (based on 92 hours worked per person) Hourly Rate $41.52 $54.05 $0 $65.68 $0 FTE Commitment 20 2 0 1 0 Personnel Total: 25% Contingency: Total: VEHICLE COSTS (Event O erations Use) Number of Number of Miles Total Cost Vehicles Mileage Rate $ 23 / mile $.23 / mile Maximum Labor $76,396.80 $9,945.20 $0 $6,042.56 0 $ 92,384.56 $23,096.14 $115,480.70 3 2 6984 1,606.32 4656 1,070.88 $.23 / mile 2 4656 1,070.88 Vehicle Totals: 7 $ 3,748.08 Maximum Contract Amount: • Hourly rate for sworn law enforcement is based on the actual cost to AGENCY. • Maximum Labor is calculated at the Hourly OT rate x FTE Commitment x 12-hour (shifts) x 7 days. • Contingency column is calculated at 25 percent of the personnel total costs. Name AGENCY FISCAL AFFAIRS CONTACT Marianne Makar Position Sr. Management Analyst Telephone # 817-392-4224 Fax # 817-392-4204 Email Address Marianne.makar@fortworthtexas.gov Signature Individual authorized to certify compensation/reimbursements and primary contact for fiscal issues. Police Operational and Planning Contact Name Daniel Humphries Position Captain, Central Division Telephone # 817-392-3951 Fax # 817-392-3989 Email Address Daniel.humphries@fortworthtexas.gov Signature Individual authorized to certify compensation/reimbursements and primary contact for logistical service issues. APPROVED EQUIPMENT LIST • Fort Worth Bike Unit Specialized Uniform • Foot Wear • Headgear • Duty Belt and Accessories • Firearm, Magazine(s), Ammunition • Radio and Communication Accessories • AGENCY Approved Body Camera • Personal O.C. spray • Personal Protective Equipment (PPE) • Handcuffs and Flexcuffs • Bullet proof vest • Traffic Vest • Gas Mask • Flashlight Prohibited Equipment • Tasers • Any less than lethal munitions • Riot Control Agents (person O.C. spray is allowed) ESTIMATED TRAVEL REIMBURSEMENT REQUEST Democratic Presidential Candidate Nominating Convention September 2012 Charlotte, NC Name of Agency Address Contact Person Office Phone Cell Phone Date Arriving in Charlotte Date Leaving Charlotte # of Personnel DNC Assignment Rank 1 Captain & Above 0 Lieutenant 2 Sergeant 20 Officer Agency Mileage Reimbursement # of Miles 1058 1058 Agency Per Diem Reimbursement Fort Worth Police Department 350 W. Belknap St., Fort Worth, TX 76102 Marianne Makar 817-392-4224 240-305-5075 9/1/2012 9/7/2012 PERSONNEL Hourly Rate 65.68 0 54.05 41.52 # of Hrs/Wk 92 0 92 92 Total Personnel Costs TRANSPORTATION Per Diem Daily Rate * Rate Per Mile 0.23 0.23 # of Vehicles 5 5 # of Days # of People Cost per Rank 6,042.56 9,945.20 76,396.80 92,384.56 Cost 1,216.70 1,216.70 Cost 1 54.00 4 23 4,968.00 Agency Lodging Reimbursement Government Hotel Rate ** # of Nights # of Rooms Cost 89.44 2 12 2,146.56 TOTAL 101,932.52 I * Per Diem rate used is average of GSA -approved rates for Fort Worth, Tx; Birmingham, AL; and Charlotte, NC. ** Fedeial rate of $86/night double -occupancy plus 4% room tax. POLICE cornEMECKLENeURO EXHIBIT C INTERGOVERNMENTAL AGREEMENT 2012 DEMOCRATIC NATIONAL CONVENTION FISCAL ADMINISTRATION REQUIREMENTS FISCAL ADMINISTRATION COMPENSATION/REIMBURSEMENT REQUIREMENTS EXHIBIT C Basic Requirements A. Security Work Requirement: Compensation will be provided only for activities and costs directly incurred for approved security work, approved administrative support work, or core services as defined in "Exhibit B" incorporated herein, in preparation or training for or during the EVENT. B. Approval Process All sections shall be completed on the required foil is and contain written certification by the AGENCY s Financial Officer noted in Exhibit B. Compensation requests shall be sent to the CMPD Deputy Chief of DNC Operations, or designee, of the CITY. C. Travel Reimbursement Process' All travel -related expenses must be pre -approved by the CMPD Deputy Chief of DNC Operations, or his designee, and submitted on the proper Compensation/Reimbursement form Records and Compensation/Reimbursement form requirements A. Compensation/Reimbursement form The form for requesting compensation for DNC security work and reimbursement for travel costs is attached in Exhibit B. The CITY may modify and update this required form as it reasonably determines necessary, in order to meet its internal or external auditing needs or the requirements of the CITY, CMPD and/or DNC Grant. B. Agency Required Documentation for Personnel Costs: The AGENCY will be required to maintain individual payroll records as supporting documentation for compensation requests submitted to the CITY. These records may be in hard copy or electronic time and effort systems and must back up any and all payroll costs incurred and billed. Records must include staff name, date, assignment and time worked in support of the EVENT. C. Submission of Compensation/Reimbursement Requests: The AGENCY may submit requests on a monthly basis or in accordance with the following calendar: Activity/Cost Time Period Deadline for submission Costs for period 8/31/12 — 9/30/12 10/15/2012 In no event will the AGENCY be allowed to submit a compensation/reimbursement request past the time allowable under the DNC Grant, except for expenses necessary for AGENCY s participation in civil or criminal trial. D. Compensation/Reimbursement Form(s) Adequacy* The AGENCY must submit a completed foul, including proper signatures verifying and certifying the accuracy of the request for compensation or reimbursement. If forms are incomplete, lack appropriate documentation, or if requests for are submitted on an unauthorized form, the CMPD Deputy Chief of DNC Operations, or his designee, may reject the request. The CMPD Deputy Chief of DNC Operations, or his designee, will communicate the reason for the rejection in writing. The AGENCY will have twenty (20) days to correct the error and resubmit the claim. E Compensation/Reimbursement Form Process: The CMPD Deputy Chief of DNC Operations, or his designee, shall review and approve each request for payment Once the approval is obtained, the request will be forwarded to the CMPD Fiscal Affairs Division for processing. The AGENCY shall receive payment for said request within sixty (60) days of receipt in the CMPD Finance Affairs Division. F. Supporting Documentation Record Retention Requirements* All supporting records, including time sheets, activity logs, and equipment invoices, must be retained by the Agency for seven years after the end of the Grant period. Additional Financial Information A. The CITY, subject to the texins of this Agreement, will compensate AGENCY for personnel costs at the applicable hourly rate(s) stated in Exhibit B, for hours worked in planning for, training for, and during the EVENT PERIOD. Training must be pre - approved by the CMPD Deputy Chief of DNC Operations. Time will be rounded to the nearest '/ hour (rounding up to the next 15 minutes for seven minutes of work or more and down for anything less than seven minutes.) B In addition to any requirements contained in this Agreement, all records must be maintained for a minimum of seven (7) years for future DNC Grant audits, and the AGENCY will be fiscally responsible for the result of any AGENCY error in connection with such audit. C. AGENCY certifies and acknowledges that BJA grant funds received under this agreement will not be used to supplant local and/or state funds. Information about supplanting can be found at http://www.ojp.gov/funding/funding.htm. EXHIBIT D INTERGOVERNMENTAL AGREEMENT 2012 DEMOCRATIC NATIONAL CONVENTION TERMS OF INSURANCE POLICIES See Attachment labeled "Terms of Insurance Policies" Binder For Casualty Insurance Program for CITY OF CHARLOTTE DNC INTERLOCAL GOVERNMENT AGREEMENTS In consultation with your Representative WELLS FARGO INSURANCE SERVICES USA INC. PREPARED BY: DATED: by WorldSource Domestic Casualty PRITAN PATEL 05/03/2012 EFFECTIVE DATE: 08/26/2012 EXPIRATION DATE: 09/09/2012 HART' Your world, insured Paae 1 of 15 SECTION 1 - POLICY NUMBERS. POLICY COMPANIES Policy Number States Covered Issuing Company Line of Business WC 015110230 DC,GA,KY,NC,PA, Commerce and Industry Statutory Workers Compensation SC,TN,VA Insurance Company and Employers` Liability ACKNOWLEDGED ON BEHALF OF: WorldSource By (Print Pritan Patel Name) : By(Signature) : Title : Underwriter Date : 05/03/2012 Insured : By (Print Name) : By(Signature) Title : Date : Broker : By (Print Name) : By(Signature) Title : Date : CITY OF CHARLOTTE DNC INTERLOCAL AGREEMENTS WELLS FARGO INS SERVICES USA I Pape 2 of 15 SECTION 1 M THE CONTACTS WorldSource is committed to providing superior service on your Insurance Program. The people listed below are the primary team representatives for your account. Contact Name. Dan Pliszka Company Name: City of Charlotte DNC Interlocal Government Agreements Street: C/O Risk Management 301 South McDowell Street City: Charlotte State: NC Zip: Telephone #: 28204-2640 Your Representative Kent Childress Contact Name. Company Name: WELLS FARGO INS SERVICES USA INC Street: PO BOX 220748 City: CHARLOTTE State: NC Zip: 28222 Telephone #: 704-553-6039 Our Account Representative Contact Pritan Patel Name: Company Name: WorldSource Street: 1200 Abernathy Rd STE 700 City: Atlanta State: GA Zip: 30328 Telephone #: (770) 671-2338 Other Important Contacts Name Tahirah Johnson Title Sr. Underwriting Technician Telephone # 770-67'1-2037 EMIMEIM Paae 3 of 15 SECTION 2 - PROGRAM RATES AND PREMIUMS Guaranteed Cost Program Coverage Rate Per Basis Type Estimated Exposure GC -WC The Entire Contract 0 1 Audited Earned Premium Total Premium Total Surcharge Estimated Total Cost Surcharges shown above — Breakdown by state & line of business: Auto: GL: Workers Comp: TOTAL AUTO TOTAL GL TOTAL WC 0 Estimated Premium $1,012,982 $1,012,982 $0 $1,012,982 Minimum Terrorism Charges Included in Premium By Line of Business Estimated Charge Workers Compensation (TRIPRA) $3,204 Premium Payment Plan Payment No Total Due Date Premium Surcharges * If UM/OM/PIP forms (as referenced in Section 3) are not signed and returned by effective date, an addition& premium of $ will be charged and the Automobile Liability rate will be increased by $ by power unit. WC Payroll Base = $17/800,000; Non-Auditable policy. SECTION 3 - LIMITS. PROGRAM & COVERAGE General Notes About Coverages Coverage outlined in this document is for explanatory and reference purposes only. The coverage provisions do not n ecessarily conform to any specifications furnished in the submission received from your representative, Issuance of policies under your insurance program requires your submission of critical company identifying information. Failure to provide such requested information raises serious reporting Issues. Accordingly, any failure to provide requested FEIN UTAN (unemployment numbers), Tax ID, Department of Labor or other such numbers will delay policy issuance until such information has been received by the carrier. No penalty shall attach to the carrier for delays in policy issuance arising out of any failure to timely provide the required information. The policy (or policies) that we Issue to you shall contain the full and complete terms, conditions, exclusions and coverages provided under your Insurance program. Any differences between the proposal or binder and the policy which are mutually agreed to be discrepancies shall be subject to correction so as to accurately reflect the terms of the agreement between the parties. Should the parties fail to mutually agree to policy revisions, the provisions In the policy (or policies) at issuance shall govern Upon receipt, please review the policy (policies) thoroughly with your representative, and notify us promptly in writing if you have any questions or concerns. The calculation of premiums and other program features included in this document are based on the information provided by you and your representative. Additional locations changes in exposure, or other variations may make it n ecessary to reevaluate this Proposal/Binder, the premium calculations or the plan factors. Any modification we make shall be based on our evaluation of these changes and whether they represent a measurable difference from the insurance program originally offered. Entities included as Named Insureds are those shown as such on the policy (policies) Declaration page, as well as in the appropriate Named Insured endorsements attached to each individual policy, whether such are issued at inception o r included by an endorsement thereafter. While it is our intention to honor the terms and conditions of our contract with you, we are required to follow all regulatory and filing requirements in effect for various states where you have an exposure. We shall adhere to all state regulatory requirements. We shall not issue any form or apply any program that is in contravention to a governing regulation, rule, statute or law Any form issued that is void, unapproved or inapplicable in any jurisdiction covered within the coverage territory of the policies shall apply where permissible and be deemed null and void in the conflicted junsdiction(s). Prior to binding a Massachusetts auto program, specific vehicle identification based information must be obtained from the insured. Receipt of all mandated information is required in order to process policies, registration and auto ID cards. Prior to the inception date of coverage, you must provide us with the following information: o For WC Coverage, all applicable FEIN numbers. o For Auto Coverage, all DMV reporting information (other than New York), a For WC Coverage, all UAIN. o For WC Coverage in the state of Florida, a Florida Acord 130, fully completed, executed and notarized. In conjunction with your obligation to complete the Florida Workers Compensation Application [Acord Form 130 FL (2002/07)1, you are subject to the continuing obligation as required under Florida Statutes, Chapter 443 to provide us, as your workers' compensation carder a copy of your quarterly earnings reports and self audits supported by the quarterly earnings reports ("Reports"). While you bear responsibility for additional obligations as set forth under Florida law and the terms of the Application, it is required that you provide us with copies of the Reports at the end of each quarter, Nothing herein is intended to modify, eliminate or amend any requirement you have to provide us with information as detailed by the terms of the Application. Any questions regarding thls Proposal or Binder should be directed to Our WorldSource Representative shown in this document. No Alterations to this Proposal or Binder May Be Made Without the Prior Written Aonrova/ of WorldSource. Insured Workers Compensation Effective: 12:01 AM 08/26/2012 Coverage Workers Compensation Coverage Employers Liability Bodily Injury by Accident - Each Accident Each Employee Bodily Injury by Disease Policy Limit Bodily Injury by Disease States Covered - item 3 A, DC, GA, KY, NC, PA,SC,TN, VA States Covered -- Item 3 C Limit Statutory All States except those fisted in item 3A, monopolistic states and the following state(s): CA, NH, ME Coverage Extensions and Exclusions Name WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY Form # WC 00 00 00 B Valid in All States Ali Mandatory State Endorsements Various CATASTROPHE (OTHER THAN CERTIFIED ACTS OF $1, 000, 000 $1,000,000 $1, 000, 000 Edition Date 07/11 WC 00 04 21 C Valid only In 09/08 TERRORISM) PREMIUM. ENDORSEMENT DC GA,KY NC,PA,SC,TN CHARTIS U.S. WORKERS COMPENSATION AND GROUP 107437 Valid In All States 01111 BENEFITS PRIVACY AND DATA SECURITY NOTICE DESIGNATED WORKPLACES EXCLUSION ENDORSEMENT WC 00 03 02 Valid in All 04/84 States except In PA : Locations, activities, or events not directly related to the Democratic National Convention and shall not cover any of the law enforcement and fire service employees unless they are assigned to work at the Democratic National Convention under the Intergovernmental Agreement for the provision of services Pane 6 of 15 and aid in preparation for and during the Democratic National Convention between the C ty of Charlotte and the Democratic National Convention. EXCLUSION OF EMPLOYEES ENDORSEMENT PENNSYLVANIA WC 37 03 03 Valid only in PA : Locations, activities, or events not directly related to the Democratic National Convention and shall not cover any of the law enforcement and fire service employees unless they are assigned to work at the Democratic National Convention under the Intergovernmental Agreement for the provision of services and aid in preparation for and during the Democratic National Convention between the City of Charlotte and the Democratic National Convention. IMPORTANT NOTICE TO OUR CUSTOMERS REGARDING THE OFFICE OF FOREIGN ASSETS CONTROL. N OTIFICATION OF CHANGE IN OWNERSHIP ENDORSEMENT PREMIUM DISCOUNT ENDORSEMENT P REMIUM DUE DATE ENDORSEMENT WCOFAC Valid in All States WC 00 04 14 Valid only in DC,GA,KY NC SC,TN VA WC 00 04 06 A Valid only in NC WC 00 04 19 Valid in Ail States TERRORISM RISK INSURANCE PROGRAM REAUTHORIZATION WC 00 04 22 A Valid In All ACT DISCLOSURE ENDORSEMENT States WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - TENNESSEE WC 00 03 13 Valid in All States except in KY,TN WC 99 41 02 Valid only in TN • 04/84 07/05 07/90 08/95 O 1/01 O 9/08 O 4/84 O 7/04 Pane 7 of 15 Workers Compensation Premiums The premium shown in Section 2 is only an estimate of the program premium, based on: • your estimated payrolls during the proposed policy's term, • our rates in use at the time of this proposal, and, • our estimate of the Experience Modifications. We will apply rates and final Experience Modifications that are approved by state authorities for the Company for the effective date stated above. Final premiums and surcharges will be determined based on our Manuals of Rules, Classifications Rates and Rating Plans. All information required to 'determine the final premiums and surcharges is subject to verification and change by audit. Changes in Premium: The total estimated premium for the policy may change, and the final premium will differ from the estimated premium. The premium may change for reasons such as, but not limited to, the following' 1. mid-term rate change due to change in the Workers' Compensation law of a covered state, 2. correction of the rating classifications describing your business, 3. correction of your estimated annual payrolls or their distribution to your classifications and covered states, 4, discovery of additional information about your business not disclosed to us prior to our issuance of this Proposal , 5. information that you engaged one or more independent contractors who did not have their own Workers' Compensation insurance; and 6. other reasons in accordance with our rules as approved by the insurance regulatory agencies of the covered states. • We will make changes to the policy or to the premium in the form of a written endorsement of the policy, which we will send to you or your broker of record identified in the policy. Workers Compensation small deductible ANCCI or Independent State Rating Planl Policy/Plan Premiums In the event the program includes a deductible, a discount in the premium for the NCCI small deductible or independent state small deductible policies shown in the schedule is calculated in accordance with either the NCCI deductible rating plan or the independent state small deductible rating plan, whichever is applicable. The premium includes a provision for certain taxes and assessments (►ncluding residual market plan assessments) which we expect to become obligated to pay based on the premium. Furthermore, in the event that any state regulatory authority determines that deductible reimbursements or recoveries are taxable as premium or subject to assessments, you will be obligated to pay the premium taxes and/or assessments applicable to the policies. Pane 8 of 15 SECTION 4 - IMPORTANT NOTES Documentation By accepting this Casualty Insurance Program the Insured agrees to provide WorldSource with the correctly completed and signed documents as required by WorldSource: • For Auto coverage, completed UM/UIM/P1P Automobile Election/Rejection forms prior to inception of automobile coverage. • For WC Coverage in the state of Florida, pursuant to Florida statute, a fully completed, executed and notarized Florida Acord 130 application within 30 days of the inception of coverage. • A signed copy of the Acknowledgement form included in this document, which confirms acceptance of all aspects of the Casualty Insurance Program by the Insured and Agent, returned within 30 days of the inception date of the program. • All documents requiring signature must be signed by an authorized representative of the Insured and in some instances, on behalf of Your Insurance Representative. All documents must be dated as of the inception date of the program. Failure to execute any of the requisite documents within the time periods required will render the Financial Plan of your Casualty Insurance Program void at the discretion of WorldSource. The entire amount of the ` Estimated Cost" specified under the program will thereafter become immediately due and payable to us in cash. Failure to pay premium within 5 Days of the billing date may result in the exercise of various default remedies including, but not limited to, cancellation. Acquisitions and Divestitures With respect to any acquisitions or divestitures that represent a greater than 10% increase in exposure, WorldSource may at its discretion, require a program review. That review MAY result in a premium adjustment. Estimated Premium The estimated premium(s) shown in this Proposal or Binder is based on rates, and experience modifications (if applicable) in use at the time this proposal is submitted to you. Any reference to Total or Final Premium is for explanatory purposes only None of the numbers herein are intended to represent final calculation. Neither WorldSource, nor any member company of Chards shall be bound by the calculations arrived at in the tables shown. The tables serve merely to demonstrate the calculation process. All amounts are subject to modification through the binding process and to program adjustments after binding. The terms of the Casualty Insurance Program, our manuals of rules, classifications, rates and rating plan will determine the adjusted premium and surcharges (if any). All information required to conduct our adjustments are subject to verification and change. Estimated Taxes. Assessments and Surcharges. The taxes, assessments and surcharges shown on the Schedule are based upon our knowledge of the current law in the states involved. If the law changes, or a rate or assessment changes or a new surcharge is imposed, or a state reinterprets Its law any additional taxes, assessments and surcharges will become part of Your Payment Obligation. Notice about the Office of Foreign Assets Control (OFAC1 This proposal or resulting binder, the continuation of any bound insurance, and any payments to you, to a claimant or to another third party, may be affected by the administration and enforcement of U. S. economic embargoes and trade sanctions by the Office of Foreign Assets Control (OFAC), if we determine that any such party is on the "Specially Designated Nationals or Blocked Persons" list maintained by OFAC. Pang A of ifi Notice Applicable to Policies issued Usina the New York Free Trade Zone For policies issued using the New York Free Trade Zone rule, the policy forms and the applicable rates are exempt from the filing requirements of the New York State Insurance Department. However such forms and rates must meet the minimum standards of the New York Insurance Department. Vermont Statute. Title 18: Health. Chapter 38: Lead Poisoning Affidavit Attesting To Compliance With §1759. Essential Maintenance Practices In 1996, the State of Vermont passed legislation (Act 165) pertaining to lead poisoning. The Act requires owners of pre-1978 rental dwellings or apartments, and operators of child care facilities housed in buildings constructed prior to 1978, to perform ESSENTIAL MAINTENANCE PRACTICES (EMP's) unless the property is certified pursuant to Act 165 to be lead-free. An important part of §1759 addressing EMP's requires an owner/landlord to sign an affidavit indicating essential maintenance practices have been performed, the dates they were completed and who performed them. This affidavit attesting to compliance must be filed annually with us (as your liability insurance carrier) as well as the Vermont Department of Health. Commercial Insurance, in accordance with instructions by the Vermont Department of Banking, insurance, Securities and Health Care Administration, is reaffirming with owners/landlords of affected properties their obligations for compliance with Act165, If §1759 is applicable to you, your affidavit is an important component of our underwriting file. Compliance with the Essential Maintenance Practices, and receipt of certification from a licensed inspector provides the owner/landlord with certain liability protections. Please ensure you follow through with certification and provide us with the required affidavit so that you enjoy the full protection the statute provides. NOTE: This notice is not intended to detail the provisions of Act 165. Please see full text of the section of Act 165 (§1759) addressing EMP's on the Internet at URL; lea.state.vt.us/statutes/fullsection.cfm?Title = 18&Chapter = 038&Section = 01759 Patin 1(1 of 4.ri Terrorism Risk insurance Program Reauthorization Act Of 2007 On December 26, 2007, the President signed into law the Terrorism .Risk Insurance Program Reauthorization Act of 2007 ("Reauthorization Act") The new law serves to extend the Terrorism Risk Insurance Act of 2002 and its extension The Terrorism Risk Insurance Extension Act of 2005. • The Reauthorization act maintains your right to purchase insurance coverage for General Liability losses arising out of an Act of Terrorism, which is defined in the Reauthorization Act as: An act certified by the Secretary of the Treasury, in concurrence with the Secretary of State, and the Attorney General of the United States (i) to .be an act of terrorism, (ii) to be a violent act or an act that is dangerous to (I) human life; (II) property or (III) infrastructure, (iii) to have resulted in damage within the United States or outside of the United States in case of (I) an air carrier or vessel [described in TRIA); or (11) the premises of a U S. mission; and (iv) to have been committed by an individual or individuals as part of an effort to coerce. the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. On workers compensation policies, coverage for acts of terrorism is mandatory and your quotation automatically includes a charge for terrorism coverage. You should read the Act for a complete description of its coverage. You should know that where coverage is provided under the Reauthorization Act for losses resulting form certified acts of terrorism, such losses may be partially reimbursed by the United States government under a formula established by federal law. Under the formula, the United States government generally reimburses 85% of covered terrorism losses exceeding the statutorily established deductible paid by us. You should also know that the Reauthorization Act contains a $100 Billion cap that limits U.S. Government reimbursement as well as insurers' liability for losses resulting from certified acts of terrorism where the amount of such losses in any one calendar year exceeds $100 Billion. Payment of Premium Wire Transfers Your representative will be sent a premium invoice. You will be responsible to remit the amounts required to your representative who will then wire transfer the money to us indicating the purpose for the payment. Our wire transfer account information will be made available under separate cover to your representative upon their contact with WorldSource, Your representative must notify us the day the wire transfer is made so that we may notify our New York accounting department. Regular Mail Premium Payments can be mailed to the following address: Chartis P O. Box 10472 Newark, NJ 07193 Express Mail Premium Payments can be express mailed to the following address: Chartis 4 CHASE METRO TECH CENTER, 7th FLOOR EAST LOCKBOX 10472 BROOKLYN, NY 11245 Pann 11 of lh Premium Audit Premium audits are required in all states covered under your Casualty Insurance Program. WorldSource has a staff devoted to the professional auditing of our accounts, An auditor will be available to meet with you to set the parameters and timetable for the audit process. Records for audit purposes should be available at each location within 30 Days after the policy(ies) anniversary or expiration. California Access to records requirement: As called for under California law your workers compensation policy will contain a policy holder notice endorsement that requires you to provide us access to records necessary to perform a payroll verification audit. Your failure to provide access within the time period set out in the form (90 days after expiration of the policy) will render you liable to pay a total premium equal to 3 times our current estimate of the annual premium for your policy. The form also provides that in the event you fail to provide access after our third request, you will also be liable for our costs in attempting to perform the audit. Any premium adjustment developed in the course of an audit of programs/plans that are subject to the terms of the Payment Agreement will be deferred until Plan Adjustment. Changes in the premium amount based on the completed audits, of all other types of program/plans including Guaranteed cost programs, will be due within 30 Days of the billing date. • • Pans 19 of 1R� SECTION 5 - ATTACHMENTS, Chartis Claims, Inc. Overview Chartis Claims, Inc, is dedicated to enhancing our customers' competitive position by delivering effective risk control and claim management services which measurably reduce the ultimate cost of risk. We are committed to excellence responsible stewardship and superior performance, Some 2,400 claim professionals manage workers compensation and property and casualty claims in our service centers which are strategically located throughout the country Claims Reporting Reporting claims by telephone - AIG Early Notice* (AIG EN) is a toll -free claims reporting service which allows customers to report workers' compensation general liability, automobile and property claims by telephone 24 hours a day, 7 days a week, There is no cost for this service Internet Claims Reporting - Chartis Claims, Inc. offers its customers IntelliRisk® First Notice of Loss (FNL) reporting through the Internet. This service is available to all of Chartis Claims, Inc. active customers who have registered for Internet claim reporting through their service representative. For further details visit our Website at intellirisk com. Risk Management Information Systems IRMISI Our Risk Management Information Services (RMIS) Division provides a valuable source of claim information solutions for today's demanding risk management concerns. Through our suite of IntelliRisk` e-Services and the support of our designated business and technology professionals, we help the policyholders of Chartis manage their claim program and reduce costs The suite of InteiliRiska e-Services was designed to help facilitate every step of the claim process, and includes: IntelliRisk NetSource® - An Internet -based online claim analysis and reporting system that provides real-time claim, payment and adjuster activity Information for companies of all types and sizes Available features include: § A powerful query function to pinpoint and analyze claim information; § Profiling to identify potential high severity claims; § A communication feature to facilitate e-mail correspondence; § An online reporting tool that draws on current and historical claim data. IntelliRisk NetDatao - Offers various methods of receiving electronic reports and data. Features include an Internet e-mail service that "pushes" an electronic version of our loss report as a file attachment in an e-mall, reports on CD-ROM, and the ability to send data via FTP (File Transfer Protocol) and on tape cartridge or diskette. lntelliRrskP First Notice of Loss (FNL) - Allows customers to report workers' compensation and property and casualty claims online, sending the information directly into the Chartis Claims, Inc. claim system and to the appropriate Chartis Claims Inc, service center. IntelliRisk® Medical Provider Listing (MPL) - Provides easy, fully searchable web -access to information on nearby network doctors, hospitals or specialists pans 1R of 1Fi SECTION 5 - ATTACHMENTS Global Loss Prevention Global Loss Prevention (GLP), provides comprehensive safety, healthcare, environmental, property, and crisis management services. GLP has been providing clients with quality service for over two decades. Quality and measurable results: these factors make the difference for our customers GLP services are performed under the control afforded by a certified ISO 9001 management system, a distinction which guarantees our organization adheres to a recognized global framework for delivering excellence in customer service, best practices and business leadership. At the core of our operating philosophy is a commitment to delivering the highest level of professional service. Drawing on our expertise, we provide customized assistance focused on our customers' needs. Through our international n etwork of operations, we offer our services worldwide and have built a record of success in effectively servicing the n eeds of our customers. Our international team of over 500 consultants, supplemented by our network of qualified and approved subcontractors/vendors, provides technical expertise in a wide array of specialties to ensure your specific needs are met and sound business solutions are delivered. GLP constantly strives to add value to our customer's risk control program through its consulting services by offering risk -specific solutions and specialty programs designed to meet our customers' needs above and beyond the traditional offerings. Innovative programs include: • Crisis Management Planning and Response Consulting • Healthcare Programs, including employee training modules, developed specifically for Hospitals and Long -Term Care Facilities • PiER Program: Specialist on call 24/7 to assist in response to pollution and environmental incidents 1(800) PIERNOW • Best Practices Assessments that provide a "quantitative" management systems approach to risk control • RiskTool: An exclusive, comprehensive web -based safety management system to help Identify and reduce health and safety risk and manage risk across your entire organization. https://www.chartisinsurance,com/risktool Our services are consultative in nature and focus on loss drivers and our customer's specific needs. The following key elements are offered for consideration in your risk control planning process: • A single Account Manager assigned to your account providing you a single point of contact for all services provided by GLP. • Safety training and safety materials (in-house programs, videos, web resources, etc.) in Spanish and English are available. • Additional technical services can also be utilized as required to provide business solutions to issues of most concern to our customers in today s challenging society. Such areas as Industrial Hygiene/Occupational Health, Safety Accountability and Incentive Programs, Behavioral Based Safety, Ergonomics, Fleet Training (on line and personalized) and Early Return to Work Programs • Web based and on -site fleet safety programs, evaluations and specialized training programs. • Development of customized video and web based training and informational programs NOTE: Basic risk control services for underwriting purposes have been included in your program. Additional risk control services -are available by contacting your Global Loss Prevention representative. Page 14 of 15 SECTION 6 - COMMISSION BROKER: WELLS FARGO INS SERVICES USA I ACCOUNT: CITY OF CHARLOTTE DNC INTERLOCAL AGREEMENTS This Proposal: IR is Net of Commission (check this box if no commission applies). includes Commission payable to the broker listed above (check this box if commission applies and complete the r details below). Coverage Dollar Amount Workers Compensation General Liability Automobile Liability Total Commission wilt be paid: $0 Commission Adjustment Basis Over the Policy Period and any deferred payment period in proportion to the individual installments & deferred payments. Payment Of Counter Signature Fees (If Any) Shall Be the Responsibility of the Broker. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 00 00 B (Ed. 7-11) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY in return for the payment of the premium and subject to all terms of this policy, we agree with you as follows: GENERAL SECTION A. The Policy This policy includes at its effective date the infor- mation Page and all endorsements and schedules listed there. It is a contract of insurance between you (the employer named in Item 1 of the Informa- tion Page) and us (the insurer named on the Infor- mation Page). The only agreements relating to this insurance are stated in this policy. The terms of this policy may not be changed or waived except by endorsement issued by us to be part of this policy. B. Who is Insured You are insured if you are an employer named in Item 1 of the Information Page. if that employer is a partnership, and if you are one of its partners, you are insured, but only in your capacity as an em- pioyer of the partnership's employees. C. Workers Compensation Law Workers Compensation Law means the workers or - workmen's compensation law and occupational disease law of each state or territory named in Item 3.A. of the Information Page. it includes any amendments to that law which are in effect during the policy period. It does not include any federal workers or workmen s compensation law, any fed eral occupational disease law or the provisions of any law that provide nonoccupational disability benefits. D. State State means any state of the United States of America, and the District of Columbia. E. Locations This policy covers all of your workplaces listed in Items 1 or 4 of the Information Page; and it covers all other workplaces in Item 3.A. states unless you have other insurance or are self insured for such workplaces. PART ONE WORKERS COMPENSATION INSURANCE A. How This insurance Applies This workers compensation insurance applies to bo- dily injury by accident or bodily injury by disease. Bodily injury includes resulting death. 1. Bodily injury by accident must occur during the policy period 2. Bodily injury by disease must be caused or ag- gravated by the conditions of your employment. The employee's last day of last exposure to the conditions causing or aggravating such bodily in- jury by disease must occur during the policy pe- riod. B. We Will Pay We will pay promptly when due the benefits required of you by the workers compensation law. C. We Will Defend We have the right and duty to defend at our expense any claim proceeding or suit against you for benefits payable by this insurance. We have the right to in- vestigate and settle these claims, proceedings or suits. We have no duty to defend a claim, proceeding or suit that is not covered by this insurance, D. We Will Also Pay We will also pay these costs, in addition to other amounts payable under this insurance, as part of any claim, proceeding or suit we, defend: 1. reasonable expenses incurred at our request, but riot Toss of earnings; 2. premiums for bonds to release attachments and for appeal bonds in bond amounts up to the amount payable under this insurance; 3. litigation costs taxed against you; 4. interest on a judgment as required by law until we offer the amount due under this insurance; and 5. expenses we incur. E. Other insurance We will not pay more than our share of benefits and costs covered by this insurance and other 1 of 6 0 Copyright 2009 National Council on Compensation Insurance, Inc. Ali Rights Reserved. WC 00 00 00 B WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY (Ed. 7-11 ) insurance or self-insurance. Subject to any limits of !lability that may apply all shares will be equal until the loss is paid. If any insurance or self-insurance is exhausted, the shares of ail remaining insurance will be equal until the toss is paid. F. Payments You Must Make You are responsible for any payments in excess of the benefits regularly provided by the workers compensation law including those required be- cause: 1. of your serious and willful misconduct; 2 you knowingly employ an employee In violation of law 3. you fail to comply with a health or safety law or regulation; or 4. you discharge, coerce or otherwise discriminate • against any employee in violation of the workers compensation law. If we make any payments in excess of the benefits regularly provided by the workers compensation law on your behalf, you will reimburse us promptly. G. Recovery From Others We have your rights, and the rights of persons enti tled to the benefits of this insurance to recover our payments from anyone liable for the injury. You will do everything necessary to protect those rights for us and to help us enforce them H. Statutory Provisions These statements apply where they are required by law. 1. As between an injured worker and us we have notice of the injury when you have notice. 2. Your default or the bankruptcy or insolvency of you or your estate will not relieve us of our du- ties under this insurance after an injury occurs. 3. We are directly and primarily liable to any per- son entitled to the benefits payable by this in- surance Those persons may enforce our duties; so may an agency authorized by law. Enforce- ment may be against us or against you and us. 4. Jurisdiction over you is jurisdiction over us for purposes of the workers compensation law We are bound by decisions against you under that law, subject to the provisions of this policy that are not in conflict with that law. 5. This insurance conforms to the parts of the workers compensation law that apply to: a benefits payable by this insurance; b. special taxes, payments into security or oth- er special funds, and assessments payable by us under that law Terms of this insurance that conflict with the workers compensation law are changed by this statement to conform to that law Nothing in these paragraphs relieves you of your du- ties under this policy. PART TWO EMPLOYERS LIABILITY INSURANCE A. How This insurance Applies This employers liability insurance applies to bodily injury by accident or bodily injury by disease. Bodily injury includes resulting death. 1. The bodily injury must arise out of and in the course of the injured employee s employment by you. 2. The employment must be necessary or inciden- tal to your work in a state or territory listed in item 3.A. of the Information Page. 3. Bodily injury by accident must occur during the policy period 4. Bodily injury by disease must be caused or ag- gravated by the conditions of your employment. The employee's last day of last exposure to the conditions causing or aggravating such bodily in- jury by disease must occur during the policy pe- riod. 5. If you are sued, the original suit and any related legal actions for damages for bodily injury by ac- cident or by disease must be brought In the United States of America its territories or pos- sessions or Canada B. We Will Pay We will pay all sums that you legally must pay as damages because of bodily injury to your employ- ees, provided the bodily injury is covered by this Employers Liability Insurance. The damages we will pay, where recovery is permit- ted by taw include damages: 1. For which you are liable to a third party by rea- son of a claim or suit against you by that third party to recover the damages claimed against 2 of 6 @ Copyright 2009 National Council on Compensation insurance, inc. All Rights Reserved. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 00 00 B such third party as a result of injury to your em- ployee; 2. For care and Toss of services; and 3. For consequential bodily injury to a spouse, child, parent, brother or sister of the injured em- ployee; provided that these damages are the di- rect consequence of bodily injury that arises out of and in the course of the injured employee's employment by you; and 4. Because of bodily injury to your employee that arises out of and in the course of employment claimed against you in a capacity other than as employer. C. Exclusions This insurance does not cover: 1. Liability assumed under a contract This exclu- sion does not apply to a warranty that your work will be done in a workmanlike manner; 2. Punitive or exemplary damages because of bod- ily injury to an employee employed in violation of law; 3. Bodily injury to an employee while employed in violation of law with your actual knowledge or the actual knowledge of any of your executive officers; 4. Any obligation imposed by a workers compensa- tion, occupational disease, unemployment com- pensation, or disability benefits law, or any simi- lar law; 5. Bodily injury intentionally caused or aggravated by you; 6. Bodily injury occurring outside the United States of America, its territories or possessions, and Canada. This exclusion does not apply to bodily injury to a citizen or resident of the United States of America or Canada who is temporarily outside these countries; 7. Damages arising out of coercion, criticism, de- motion evaluation, reassignment, discipline, de- famation, harassment, humiliation, discrimina- tion against or termination of any employee, or any personnel practices, policies, acts or omis- sions; 8 Bodily injury to any person in work subject to the Longshore and Harbor Workers' Compensation Act (33 USC Sections 901--950) the Non - appropriated Fund instrumentalities Act (5 USC Sections 8171-8173) the Outer Continental Shelf Lands Act (43 USC Sections 1331-- 1356a.), the Defense Base Act (42 USC Sec- tions 1651-1654), the Federal Coal Mine Safety and Health Act (30 USC Sections 801-945 ) any other federal workers or workmen's com- pensation law or other federal occupational dis- ease law, or any amendments to these laws; (Ed. 7-11) 9. Bodily injury to any person in work subject to the Federal Employers' Liability Act (45 USC Sec- tions 51-60), any other federal caws obligating an employer to pay damages to an employee due to bodily injury arising out of or in the course of employment, or any amendments to those laws' 10. Bodily injury to a master or member of the crew of any vessel; 11. Fines or penalties imposed for violation of fed- eral or state law; and 12. Damages payable under the Migrant and Sea- sonal Agricultural Worker Protection Act (29 USC Sections 1801--1872) and under any other federal law awarding damages for violation of those laws or regulations Issued there under, and any amendments to those laws. D. We Will Defend We have the right and duty to defend, at our ex- pense, any claim proceeding or suit against you for damages payable by this insurance We have the right to investigate and settle these claims, proceed- ings and suits. We have no duty to defend a claim, proceeding or suit that is not covered by this insurance. We have no duty to defend or continue defending after we have paid our applicable limit of liability under this insurance. E. We Will Also Pay We will also pay these costs, In addition to other amounts payable under this insurance, as part of any claim, proceeding, or suit we defend: 1. Reasonable expenses incurred at our request, but not Toss of earnings; 2. Premiums for bonds to release attachments and for appeal bonds in bond amounts up to the limit of our liability under this insurance; 3. Litigation costs taxed against you; 4. Interest on a judgment as required by law until we offer the amount due under this insurance; and 5. Expenses we incur. 3 of 6 @ Copyright 2009 National Council on Compensation Insurance, inc. Al! Rights Reserved, WC 00 00 00 B WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY (Ed. 7-11) F. Other insurance We will not pay more than our share of damages and costs covered by this insurance and other in- surance or self-insurance. Subject to any limits of li- ability that apply, all shares will be equal until the loss is paid If any insurance or self-insurance is ex- hausted, the shares of all remaining insurance and self-insurance will be equal until the loss is paid. G. Limits of Liability Our liability to pay for damages is limited. Our limits of liability are shown in Item 3.B of the Information Page. They apply as explained below. 1. Bodily injury by Accident. The limit shown for 'bodily injury by accident --each accident" is the most we will pay for all damages covered by this insurance because of bodily injury to one or more employees in any one accident. A disease is not bodily injury by accident unless it results directly from bodily injury by accident. 2. Bodily Injury by Disease. The limit shown for 'bodily injury by disease —policy limit" is the most we will pay for all damages covered by this insurance and arising out of bodily injury by dis ease, regardless of the number of employees who sustain bodily injury by disease. The limit shown for 'bodily injury by disease —each em ployee" is the most we will pay for all damages because of bodily injury by disease to any one employee. Bodily Injury by disease does not include dis- ease that results directly from a bodily injury by accident. 3. We will not pay any claims for damages after we have paid the applicable limit of our liability un- der this insurance H. Recovery From Others We have your rights to recover our payment from anyone liable for an injury covered by this insurance. You will do everything necessary to protect those rights for us and to help us enforce them. Actions Against Us There will be no right of action against us under this insurance unless: 1. You have complied with all the terms of this pol- icy; and 2. The amount you owe has been determined with our consent or by actual trial and final judgment. This insurance does not give anyone the right to add us as a defendant in an action against you to deter- mine your liability The bankruptcy or insolvency of you or your estate will not relieve us of our obliga- tions under this Part PART THREE OTHER STATES INSURANCE A. How This insurance Applies 1. This other states insurance applies only if one or more states are shown in item 3 C. of the Infor- mation Page. 2. If you begin work in any one of those states after the effective date of this policy and are not in- sured or are not self -insured for such work, all provisions of the policy will apply as though that state were listed in Item 3 A. of the information Page. 3. We will reimburse you for the benefits required by the workers compensation law of that state if we are not permitted to pay the benefits directly to persons entitled to them. 4. If you have work on the effective date of this pol- icy in any state not listed in Item 3 A. of the in formation Page, coverage will not be afforded for that state unless we are notified within thirty days. B. Notice Tell us at once if you begin work in any state listed in item 3.0 of the information Page. PART FOUR YOUR DUTIES IF INJURY OCCURS Tell us at once if injury occurs that may be covered by this policy. Your other duties are listed here. 1. Provide for immediate medical and other ser- vices required by the workers compensation law. 2. Give us or our agent the names and addresses of the injured persons and of witnesses, and other information we may need. 3. Promptly give us all notices, demands and legal 4of6 @ Copyright 2009 National Council on Compensation insurance, Inc. All Rights Reserved. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 00 00 B papers related to the injury, claim, proceeding or suit. 4. Cooperate with us and assist us, as we may re- quest, in the investigation, settlement or defense of any claim, proceeding or suit. 5. Do nothing after an injury occurs that would in- terfere with our right to recover from others 6. Do not voluntarily make payments, assume obl!- gations or incur expenses, except at your own cost. PART FIVE —PREMIUM A. Our Manuals Ali premium for this policy will be determined by our manuals of rules rates rating plans and classifica- tions. We may change our manuals and apply the changes to this policy if authorized by law or a gov- ernmental agency regulating this insurance. B. Classifications Item 4 of the Information Page shows the rate.and premium basis for certain business or work classifi- cations. These classifications were assigned based on an estimate of the exposures you would have during the policy period. If your actual exposures are not properly described by those classifications, we will assign proper classifications, rates and premium basis by endorsement to this policy C. Remuneration Premium for each work classification is determined by multiplying a rate times a premium basis. Remu- neration is the most common premium basis. This premium basis includes payroll and all other remu- neration paid or payable during the policy period for the services of: 1. all your officers and employees engaged in work covered by this policy; and 2. all other persons engaged in work that could make us liable under Part One (Workers Com- pensation Insurance) of this policy. If you do not have payroll records for these persons, the con- tract price for their services and materials may be used as the premium basis. This paragraph 2 will not apply if you give us proof that the em ployers of these persons lawfully secured their workers compensation obligations. (Ed. 7-11) D. Premium Payments You will pay all premium when due. You will pay the premium even if part or all of a workers compensa- tion law is not valid. E. Final Premium The premium shown on the Information Page, sche- dules, and endorsements is an estimate. The final premium will be determined after this policy ends by using the actual, not the estimated, premium basis and the proper classifications and rates that lawfully apply to the business and work covered by this pol- icy. If the final premium is more than the premium you paid to us, you must pay us the balance. If it is less, we will refund the balance to you. The final premium will not be less than the highest minimum premium for the classifications covered by this pol- icy. If this policy is canceled final premium will be de- termined in the following way unless our manuals provide otherwise• 1. If we cancel, final premium will be calculated pro rata based on the time this policy was in force. Final premium will not be less than the pro rata share of the minimum premium 2. If you cancel, final premium will be more than pro rata; it will be based on the time this policy was in force and increased by our short -rate cancelation table and procedure. Final premium will not be Tess than the minimum premium. F. Records You will keep records of information needed to com pute premium. You will provide us with copies of those records when we ask for them. G. Audit You will let us examine and audit all your records that relate to this policy. These records include ledg- ers journals, registers, vouchers contracts, tax re- ports, payroll and disbursement records, and pro- grams for storing and retrieving data. We may con- duct the audits during regular business hours during the policy period and within three years after the poi - icy period ends. Information developed by audit will be used to determine final premium. Insurance rate service organizations have the same rights we have under this provision. 5of6 0 Copyright 2009 National Council on compensation insurance, inc. All Rights Reserved. WC 00 00 00 B WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY (Ed. 7-11) PART SIX --CONDITIONS A. Inspection We have the right, but are not obliged to inspect your workplaces at any time. Our inspections are not safety inspections. They relate only to the insurabil- ity of the workplaces and the premiums to be charged. We may give you reports on the conditions we find. We may a so recommend changes. While they may help reduce losses, we do not undertake to perform the duty of any person to provide for the health or safety of your employees or the public. We do not warrant that your workplaces are safe or healthful or that they comply with laws, regulations, codes or standards. Insurance rate service organiza- tions have the same rights we have under this provi- sion. B. Long Term Policy If the policy period is longer than one year and six- teen days, all provisions of this policy will apply as though a new policy were issued on each annual anniversary that this policy is in force. C. Transfer of Your Rights and Duties Your rights or duties under this policy may not be transferred without our written consent. If you die and we receive notice within thirty days af- ter your death, we will cover your legal representa- tive as insured. D. Cancelatlon 1. You may cancel this policy. You must mail or de- liver advance written notice to us stating when the cancelation is to take effect. 2. We may cancel this policy. We must mail or de- liver to you not less than ten days advance writ- ten notice stating when the cancelation is to take effect. Mailing that notice to you at your mailing address shown in Item 1 of the information Page will be sufficient to prove notice 3. The policy period will end on the day and hour stated in the cancelation notice. 4. Any of these provisions that conflict with a law that controls the cancelation of the insurance in this policy is changed by this statement to com- ply with the law. E Sole Representative The insured first named in item 1 of the Information Page will act on behalf of all insureds to change this policy, receive return premium, and give or receive notice of cancelation. 6of6 @ Copyright 2009 National Council on Compensation Insurance, Inc. All Rights Reserved. Risk Specialists Companies Insurance Agency, Inc, d/b/a RSCIA in NH, UT & VT BLDG 600, 8TH FLOOR 1200 ABERNATHY RD, N.E. ATLANTA, GA 30328 www.chartisinsurance.com www.riskspeciaiistscompanies.com Date: To: Producer Phone: E-mail: From. Phone No: E mail: Insured Name: CONFIRMATION OF BINDING 05/02/2012 KENT CHILDRESS WELLS FARGO INS SERVICES USA INC PO BOX 220748 6100 FAIRVIEW ROAD-SUI CHARLOTTE, NC 28222 704-553-6039 kent.childress@welisfargo.com Andrew Foster 770.671 2450 andrewfoster@chartisinsurance.com CITY OF CHARLOTTE 601 E. TRADE STREET CHARLOTTE NC 28202 ISK SPEC1¢IISTSF Policy No; 012432609 Effective Date: 07/16/2012 Expiration Date: 09/15/2012 At 12:01 A.M. standard time at the address of the Insured stated above NEW: X We have received confirmation of binding for the following coverage from: LEXINGTON INSURANCE COMPANY , 100 Summer Street, Boston MA 02110 Coverage: LAW ENFORCEMENT PROFESSIONAL LIABILITY - OCCURRENCE Policy Form Dec: LX8315 Text: LX8316 (11/07) LAW ENFORCE PROF LIAB TXT-OCC Professional Services: Limits: Each Wrongful Act Aggregate (11/07) LAW ENFORCE PROF LIAB DEC-OCC $10,000,000 $10,000,000 CB 462034-1 LX9817 (06/05) Defense Expenses: Inside Policy Limit Deductible: $25,000 Per Occurrence . Defense Expenses: Inside P remium: Total Advance Premium: Minimum Annual Premium. Minimum Earned Percent: Terrorism Included in Total Advanced: $935,750 $935,750 35% $46,787 P remium figures do not include surplus lines taxes or fees (If applicable) or any other surcharges or taxes required by law (if any). The premium is due within 30 days of inception or 15 days from the date of billing whichever is later. Exposure Basis: NONE Commission: Net Applicable Fortes & Exclusions: LX8704 LX9803 MANUSCRIPT MANUSCR IPT MANUSCRIPT LX8202 Notices Attached: 109089 96553 Terms and Conditions: Amount: (05/11) PROF LIAB CRISIS RESPONSE ENDT (08/05) ANTI STACKING ENDORSEMENT N AMED INSURED AMENDMENT ADDITIONAL INSURED ENDORSEMENT S PECIFIED EVENT ENDORSEMENT (10/07) COV TERR (OFAC) (06/11) BROKER RESPONSIBILITY AGREEMENT (04/08) TRIA DISCLOSURE NOTICE Rate: • Premiums do not include applicable surplus lines taxes or fees. • Payment of surplus lines taxes and fees are the responsibility of the broker ■ If bound provide the name and surplus lines license number of the person/entity paying the surplus lines taxes and fees. " Please provide the name and surplus lines license number of the person/entity paying the surplus lines taxes and fees " Binder is subject to reconsideration if there are any significant changes in operations, exposure or experience prior policy issuance. Binder is invalid if any higher layer placed attracts an equal or higher premium per million than this policy Subject To: a Signed terrorism rejection form within 2 days if coverage not purchased A completed, signed and dated application prior to effective date. Receipt of the Broker responsible for Surplus Lines Filing Agreement. We have the right to cancel the insurance upon 10 days notice if the completed and signed Agreement is not received by us within 10 business days from the effective date of coverage. LX9817 (06/05) Page 2 of 3 Additional Comments and Information: OFAC Disclosure Notice: This proposal or resulting Binder, the continuation of any bound insurance, and any payments to you, to a claimant or to another third party, may be affected by the administration and enforcement of U S. economic embargoes and trade sanctions by. the Office of Foreign Assets Control (OFAC), if we determine that any such party is on the Specially Designated Nationals or Blocked Persons" list maintained by OFAC. NOTE: CANADIAN EXCISE TAX ACT This policy may cover exposures (Insureds and/or risks) in Canada. Insureds may be subject to excise tax related to such Canadian exposures and should seek appropriate advice on compliance with applicable Canadian law. Please advise us immediately if you wish our assistance in obtaining a separate Canadian policy for the Insured's Canadian exposure, if applicable. if you elect to have a separate Canadian policy, you must designate a licensed Canadian broker. If a policy is placed with a Chards Company in Canada, the companion Canadian policy may share limits with the U.S. issued policy. • Please note that this binder may riot address all of the coverages/extensions requested in your submission. Coverage is quoted per the form and extensions/exclusions outlined in this binder. • This binder is being provided on behalf of a non -admitted carrier. This binder includes certain information regarding the terms and conditions of the policy. If there is any conflict between the terms and conditions stated in this binder and the terms and conditions of the policy when issued, the terms and conditions of the policy shall govern. Important: This Insurance cannot be cancelled flat. Earned Premium must be paid for the time insurance has been in force. This Confirmation of Binding is a statement concerning the above insurance as of the date of the issuance of this Confirmation of Binding This Confirmation of Binding is subject to policy conditions of any policy (ies) which may be issued by LEXINOTON INSURANCE COMPANY and shall be automatically cancelled and superseded by such policy (ies) upon issuance. Cancellation: This Confirmation of Binding may be cancelled either by the insured or the insurer by written notice to the other. In the event of cancellation, the earned premium will be computed short rate if cancelled by the insured unless subject to minimum earned premium stated herein and pro rata if cancelled by the insurer. Please notify us if the Insured Name and Address shown above are incorrect. Thank you for the opportunity to bind this account. Authorized Representative LX9817 (06/05) Page 3 of 3 IMPORTANT THIS AGREEMENT MUST BE COMPLETED BY THE BROKER RESPONSIBLE FOR SURPLUS LINES FILINGS DATE: 05/02/2012 TO: WELLS FARGO INS SERVICES USA INC PO BOX 220748 CHARLOTTE State: NC Zip: 28222 RETURN TO: Andrew Foster andrew.foster@chartlslnsurance,corn RE: Insured: Policy 11 : Effective Date: CITY OF CHARLOTTE 012432609 07/15/2012 This policy is written on a surplus lines basis by (please check the appropriate box): Chartis Specialty Insurance Company Fri Lexington Insurance Company rl Chartis Select Insurance Company rl Other: (Please indicated company name) in the insured's home state(s) of: North Carolina (see attached definition of home state) As the producing broker, it is your responsibility to arrange for the payment of the state tax and/or stamping fee on 100% of the premium for this policy. Please return a copy of this letter within 10 business days of receipt with your acknowledgment that you have arranged for the filing and payment of the surplus lines tax and/or stamping fee in accordance with the state regulation. *Please list licensed resident surplus lines broker: Individuals name: Michael E. Thrower Firm Name: Wells Fargo Insurance Services USA, Inc. Firm address; 6ioo Fairview Road, Suite moo, Charlotte, NC 28210 Surplus Tines license number: 256563 _ (for the insured's home state) New Jersey SLA At (Transaction Number) assigned for this policy (if the insured's home state is NJ) • Tax and/or fee paid: STATE: North Carolina FEE: $ TAX: $ 46,787.5o By: Date: Tax and/or fee paid: TAXES, OTHER FEES, OTHER ASSESSMENTS, OTHER Kent R. Childress Producing Broker signature Producing broker (Print Name) *The producing broker agrees that, upon request by the company or any insurance regulator, the broker will provide a copy of all surplus lines licenses referenced above as well as any documentation supporting the payment of surplus lines taxes and applicable fees hereunder. 8 2011 Chartis Inc. DEFINITIONS HOME STATE - (A) In general. - Except as provided in subparagraph (B), the term "home state" means, with respect to an insured - (i) the state in which an insured maintains its principal place of business or, in the case of an individual, the individual' s principal residence; or (ii) if 100 percent of the insured risk is located out of the state referred to in clause (I}, the state to which the greatest percentage of the insured's taxable premium for that insurance contract is allocated. (B) Affiliated Groups. - If more than 1 insured from an affiliated group are named insureds on a single non -admitted insurance contract, the term "home State" means the home State, as determined pursuant to subparagraph (A) of the member of the affiliated group that has the largest percentage of premium attributed to it under such insurance contract. AFFILIATE - The term "affiliate" means, with respect to an Insured, any entity that controls, is controlled by, or is under common control with the Insured. AFFILIATED GROUP - The term "affiliated group" means any group of entities that are all affiliated. CONTROL - An entity has "control" over another entity if - (A) the entity directly or indirectly or acting through 1 or more other persons owns, controls or has the power to vote 25 percent or more of any class of voting securities of the other entity; or (B) the entity controls in any manner the election of a majority of the directors or trustees of the other entity. PRINCIPAL PLACE OF BUSINESS - The term "principal place of business" means, with respect to determining the home state of the insured: (A) the state in which an insured maintains its headquarters and the Insured s high level officers direct, control and coordinate the business activities; or (B) if the Insured is a company which maintains outside any state its headquarters where the Insured's high level officers direct, control and coordinate the business activities, (for example a foreign company headquartered in a foreign country), then the state vvhere the largest percentage of the risk resides, i.e. the state to which the greatest percentage of the Insured's taxable premium for the insurance contract is allocated. PRINCIPAL RESIDENCE - "Principal residence" means, with respect to determining the Home State of the insured, (a) the state vvhere the insured resides for the greatest number of days during a calendar year; or (b) if the insured' s principal residence is located outside any state, the state to which the greatest percentage of the insured' s taxable premium for that insurance contract is allocated. STATE - The term "state' includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, the U.S. Virgin Islands, and American Samoa. • el 2011 Chartis Inc. POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE (APPLICABLE TO CERTIFIED AND NON -CERTIFIED ACTS) Line of Business: Law Enforcement Professional Li ab 11 I ty Named Insured: CITY OF CHARLOTTE You are hereby notified that under the Terrorism Risk Insurance Act, as amended, that you have a right to purchase insurance coverage for losses resulting from acts of terrorism, as defined In Section 102(1) of the Act; The term 'act of terrorism" means any act that is certified by the Secretary of the Treasury - in concurrence with the Secretary of State, and the Attorney General of the United States - to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property or infrastructure; to have resulted In damage within the United States, or outside the United States In the case of certain air carriers or vessels or the premises of a United States mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM, SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA, THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES 85% OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A $100 BILLION CAP THAT LIMITS U S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS' LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS $100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED $100 BILLION, YOUR COVERAGE MAY BE REDUCED. Acceptance or Rejection of Terrorism Insurance Coverage I hereby elect to purchase terrorism coverage for a prospective premium of $46, 787 Premium for this coverage is included in your total premium. I hereby decline to purchase terrorism coverage for certified acts of terrorism. I understand that t will have no coverage for losses resulting from certified acts of terrorism. I further understand that by declining to purchase coverage for certified acts of terrorism I am also declining to purchase coverage for non -certified acts of terrorism. This will be reflected in the policy by Terrorism Exclusion -Form No. 96554(4/08). Policyholder/Applicant's Signature Policyholder/Applicant's Printed Name Date 96553 (4/08) 0 2007 National Association of Insurance Commissioners Page 1 of 1 ENDORSEMENT This endorsement, effective 12:01 AM 07/ 15/2012 Forms a part of policy no.: 012432609 Issued to: CITY OF CHARLOTTE By: LEX I NGTON INSURANCE COMPANY SPECIFIED EVENT ENDORSEMENT In consideration of the premium charged it is hereby understood and agreed that this policy shall apply to Law Enforcement activities in connection with the Democratic National Convention occurring between 07/15/2012 and 09/15/2012. Ali other terms and conditions remain unchanged. ED-1 36,4,FIL-1 LEXD00O21 LX0404 Authorized Representative OR r.nnnfnreinnntairn !In states where analicable) . ENDORSEMENT This endorsement, effective 12:01 AM 07/15/2012 Forms a part of policy no.: 012432609 Issued to: CITY OF CHARLOTTE By: LEXINGTON INSURANCE COMPANY ADDITIONAL INSURED ENDORSEMENT In consideration of the premium charged, it is hereby understood and agreed that the following is added to this policy as an Additional Insured, but solely as respects to professional services performed for or by the Named Insured and otherwise covered by this policy: 1. CHARLOTTE 2012 CONVENTION HOST COMMITTEE 2 DEMOCRATIC NATIONAL CONVENTION COMMITTEE All other terms, conditions and exclusions remain unchanged. 'Davi 3a4-04L-1 LEXD00O21 LX0404 Authorized Representative OR l....,.n4nre.inn aferra /In afafac wh Ara_ annlicablel ENDORSEMENT This endorsement, effective 12:01 AM 07/15/2012 Forms a part of policy no.: 012432609 Issued to: CITY OF CHARLOTTE By: LEXINGTON INSURANCE COMPANY NAMED INSURED AMENDMENT In consideration of the premium charged, it is understood and agreed that Item 1 of the Policy Declarations -- Named Insured -- is amended to read as follows: CITY OF CHARLOTTE ANY OTHER AGENCY ENGAGED TO PROVIDE LAW ENFORCEMENT SERVICES UNDER AN INTERGOVERNMENTAL AGREEMENT FOR THE 2012 DEMOCRATIC NATIONAL CONVENTION All other terms and conditions remain unchanged. 3.4.41-,-% LEXD00O21 LX04D4 Authorized Representative OR hnuntersianature tin states where applicable) ENDORSEMENT # This endorsement, effective 12:01 AM 07/15/2012 Forms a part of policy no.: 012432609 Issued to: CITY OF CHARLOTTE By: LEXINGTON INSURANCE COMPANY PROFESSIONAL LIABILITY CRISIS RESPONSE COVERAGE EXTENSION ENDORSEMENT (WITH CRISIS MANAGEMENT LOSS AND CRISIS RESPONSE COSTS) This endorsement modifies insurance provided by the policy: o CRISIS RESPONSE NOTIFICATION TELEPHONE NUMBER: 877-743-7669 THIS ENDORSEMENT EXTENDS COVERAGE TO PROVIDE FOR CRISIS RESPONSE COSTS AND CRISIS MANAGEMENT LOSS ARISING OUT OF A CRISIS EVENT BECAUSE OF A WRONGFUL ACT TO WHICH INSURANCE APPLIES, THE LIMITS OF INSURANCE PROVIDED FOR SUCH COVERAGE ARE IN ADDITION TO THE LIMITS OF INSURANCE PROVIDED IN THE DECLARATIONS OF THIS POLICY. SCHEDULE Crisis Response Coverage Extension Limits of Insurance Crisis Response Aggregate Limit $300,000 Each Crisis Response Costs Limit $250,000 Each Crisis Event Each Crisis Management Loss Limit $50,000 Each Crisis Event Notwithstanding any provisions to the contrary in the policy to which this endorsement is attached, including the attachment point of any excess professional liability policy, if applicable, subject to the Limits of Insurance as shown in the above Schedule and in accordance with the terms and conditions set forth in this endorsement, this policy is extended to provide crisis response costs and crisis management loss arising out of a crisis event because of a wrongful act to which insurance applies. SECTION I. - CRISIS RESPONSE COVERAGE EXTENSION A. We will reimburse you or pay on your behalf reasonable end necessary crisis response costs and/or crisis management loss arising out of a crisis event because of a wrongful act to which insurance applies. The amount we will reimburse you or pay on your behalf for such crisis response costs and/or crisis management loss is limited as described in SECTION Ill CRISIS RESPONSE LIMITS OF INSURANCE. No self -insured retention or deductible shall apply to this coverage extension endorsement. B. We will reimburse you or pay on your behalf crisis response costs and/or crisis management • Toss arising out of a crisis event only if all of the following conditions are met: 1. The crisis event first occurs during the policy period or extended reporting period, If applicable; 2. The wrongful act (or interrelated wrongful act, if applicable) that gives rise to the crisis event is covered under the policy to which this endorsement is attached; 3, If this endorsement is attached to and made part of a claims made policy or claims made and reported policy a. A claim because of such wrongful act (or interrelated wrongful act, if applicable) must be made against the insured during the policy period or extended reporting period, if applicable; or LX8704 (05/11) Page 1 of 4 b. If a claim has not been made, senior management must reasonably believe that a claim because of such wrongful act (or interrelated wrongful act, if applicable) will be made against an insured during the policy period or extended reporting period, if applicable; and 4. Such crisis response costs and/or crisis management loss are incurred within thirty (30) days after the commencement date of the crisis event. The end of the policy period will not cut short this thirty (30) day period. SECTION II. - EXCLUSIONS All exclusions of the policy apply to this endorsement, including any exclusion which applies to workers compensation or employer's liability. The following additional exclusion applicable to this endorsement supersede any similar exclusions in the policy. This insurance does not apply to: Newly acquired or merged entities Crisis response costs or crisis management Toss resulting from wrongful act that occurred prior to the date you acquired or merged with any other entity. SECTION III. - CRISIS RESPONSE LIMITS OF INSURANCE A. The Schedule above and the rules below establish the most we will reimburse or pay on your behalf for crisis response costs and crisis management Toss regardless of the number of insureds, crisis events, or affected persons. B. The Crisis Response Aggregate Limit Is the most we will reimburse or pay on your behalf for the sum of all crisis response costs and crisis management loss under this endorsement. C. Subject to Paragraph B. above, the Each Crisis Response Costs Limit is the most we will reimburse or pay on your behalf for all crisis response costs arising out of any one crisis event. D. Subject to Paragraph B. above, the Crisis Management Loss Limit is the most we will reimburse or pay on your behalf for all crisis management loss arising out of any one crisis event. E. All crisis events arising out of the same wrongful act or related or interrelated wrongful acts will be deemed one crisis event and shall be deemed to have occurred when the first of such crisis events commences to occur. SECTION IV. - DEFINITIONS The definitions of the policy apply to this endorsement. However, the fallowing additional definitions applicable to this endorsement supersede any similar definitions in the policy. You and your refer to the Named Insured and we, us and our refer to the Company providing this insurance. Other words and phrases that appear in boldface type have special meaning as follows: A. Affected persons means those individuals who suffer direct bodily injury or property damage, or directly experience imminent injury, including such individuals immediate family members. B. Bodily injury means bodily injury, sickness, or disease sustained by a person, including death resulting from any of these at any time. C. Claim means a claim as defined by the policy to which endorsement is attached. D. Crisis event means: • 1. Significant adverse regional or national news media coverage because of a wrongful act or related or interrelated wrongful acts; or LX8704 (05/11) Page 2 of 4 2. Bodily injury sustained by an affected person(s), property damage to property of an affected person(s), or the direct experience of imminent injury by an affected person(s) because of a wrongful act or related or interrelated wrongful acts which results in significant adverse regional or national news media coverage. The crisis event as set forth in this Definition D.2. will be deemed to occur when the bodily injury, property damage or Imminent injury first commences with respect to the first affected person. E. Crisis management firm means a public relations firm or crisis management firm, assigned or approved by us In writing, that is hired by you to perform services of the type covered under crisis management loss in connection with a crisis event. F. Crisis management loss means reasonable and necessary fees and expenses charged by a crisis management firm or your employees in providing public relations and media management services for the purpose of maintaining and restoring public confidence in you. These expenses may include printing, advertising or mailing of materials to manage reputational risk. This does not include the salaries of your employees. Crisis management loss shall not include crisis response costs. G. Crisis response costs means: 1. reasonable and necessary emergency transport expenses, emergency psychology expenses, funeral expenses, travel expenses, and temporary living expenses incurred by you to provide relief and/or support to affected persons, and 2. expenses incurred by you to secure the scene of a crisis event (as defined in Definition D.2.). Crisis response costs shall not include crisis management loss. H. Emergency transport expenses means reasonable and necessary emergency transport expenses, occurring within 24-hours after a crisis event (as defined in Definition D.2.), to transport an affected person sustaining bodily injury in such crisis event to a medical treatment facility. 1. Emergency psychology expenses means reasonable and necessary expenses for psychology or counseling services provided to affected persons and incurred within the first fourteen (14) days after a crisis event (as defined in Definition D 2.). This does not include the costs or expenses of any medications or hospitalizations. Such psychology or counseling services must be approved by the crisis management firm J. imminent injury means the actual and immediate threat of bodily injury or property damage. K. Insured means insured as defined by the policy to which endorsement is attached. L. Property damage means: 1. Physical injury to tangible property, including all resulting toss of use of that property. Ali such loss of use shall be deemed to occur at the time of the physical injury that caused it; or 2, Loss of use of tangible property that is not physically injured, All such loss of use shall be deemed to occur at the time of the crisis event (as defined in Definition D.2.) that caused it. For the purposes of this insurance, electronic data is not tangible property. As used in this definition, electronic data means information, facts or programs stored as or an, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. M. Wrongful act or Interrelated wrongful act means a wrongful act interrelated wrongful act, breach of professional duty media wrongful act and/or technology wrongful act, whichever is/are applicable, as defined by the policy to which endorsement is attached. LX8704 (05/11) Page 3 of 4 SECTION V. - CONDITIONS The conditions of the policy apply to this endorsement, However, the following conditions applicable to this endorsement supersede any similar conditions of the policy to the contrary. A. Insured's Duties in the Event of a Crisis Event 1. You must see to it that we are notified by telephone within twenty-four (24) hours of a crisis event which may result in crisis response costs or crisis management loss. The call must be made to 877-743-7669. If necessary we will provide you with an approved crisis management firm unless we agree to accept a crisis management firm that you have selected. 2. Thereafter, you must provide written notice, as soon as practicable. To the extent possible, this written notice should include: a. How, when and where the crisis event took place; • b. The names and addresses of any affected persons and witnesses; and c, The nature and location of any injury or damage arising out of the crisis event. 3. If reimbursement is sought directly by you, you must submit a claim for reimbursement of crisis response costs and crisis management loss within ninety (90) days after incurring such crisis response costs or crisis management loss. Such claims) must include Invoices and/or receipts supporting such crisis response costs or crisis management loss for each and every expense in excess of fifty (50) dollars. 4. Written notice and claim submission as required in Paragraphs 1. and 2. of this section, respectively, shall be mailed or delivered to: Lexington Insurance Company Professional Liability Claim Department 100 Summer Street Boston, MA 02110 B. Anti -Stacking Provision If crisis response costs or crisis management loss provided by this coverage extension endoi sement are also provided by any other insurance issued to you by us or any of our affiliated companies (whether or not such costs or loss are referred to using these same terms) the maximum limit of insurance under all insurance available shall not exceed the highest applicable limit of insurance available under any one policy or endorsement. This condition does not apply to any other Insurance issued by us or any of our affiliated companies specifically intended to apply as excess insurance over this coverage extension endorsement. All other terms and conditions of the policy remain the same. gota4444.1ar Authorized Representative LX8704 (05/11) Page 4 of 4 ENDORSEMENT This endorsement, effective 12:01 AM 07/15/2012 Forms a part of policy no.: 012432609 Issued to: CITY OF CHARLOTTE B y: LEX I NGTON i NSURANCE COMPANY ANTi-STACKING ENDORSEMENT This endorsement modifies insurance provided by the policy: The following condition is added to the policy: If this insurance and any other insurance issued to you by us or any member company of Chartis, Inc. apply to the same incident, act, offense, claim, suit, or occurrence, whichever is applicable, the maximum limit of insurance under all insurance available will not exceed the highest applicable limit of insurance available under any one policy. However; this condition does not apply to any other insurance issued to you by us or any member company of Chartis, Inc. which is specifically intended to be either primary to or in excess of the policy to which this endorsement is attached Ail other terms and conditions of the policy remain the same. rDma Ree,„„ki Authorized Representative OR Countersignature (In states where applicable) ENDORSEMENT This endorsement, effective 12:01 AM 07/15/2012 • Forms a part of policy no.: 012432609 Issued to: C I TY OF CHARLOTTE By: LEXINGTON INSURANCE COMPANY COVERAGE TERRITORY ENDORSEMENT This endorsement modifies Insurance provided under the following: Payment of loss under this .policy shall only be made in full compliance with all United States of America economic or trade sanction laws or regulations, including but not limited to, sanctions, laws and regulations administered and enforced by the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC"). Rtamdire Authorized Representative OR Countersignature (In states where applicable) 1 YR9n9 f 1nfn71 • LAW ENFORCEMENT PROFESSIONAL LIABILITY • OCCURRENCE at SPECIFIED ACTS THiS 1S AN OCCURRENCE POLICY. COVERAGE IS LIMITED TO LIABILITY FOR CLAIMS ARISING OUT OF WRONGFUL ACTS WHICH OCCUR DURING THE POLICY PERIOD. DEFENSE COSTS, CHARGES AND EXPENSES ARE OUTSIDE THE LIMIT OF LIABILITY BUT ARE SUBJECT TO THE DEDUCTIBLE. In consideration of the premium paid and In reliance upon the statements in the submission completed by you and upon the Declarations and subject to Its terms, conditions, and exclusions, we agree to this Policy as a contract with you, However, unintentional errors or omissions In completing the submission shall not Invalidate this policy. Throughout the Policy the words you and your refer to the Named Insured shown In the Declarations. The words we, us and our refer to the company providing this insurance, The word Insured means any person or organization qualifying as such under Section ill. WHO IS AN INSURED. Other words and phrases that appear In boldface have special meaning, Refer to SECTION DEFINITIONS. SECTION I. INSURING AGREEMENT MMM A, We shall pay those amounts that the Insured becomes legally obligated to pay to compensate others for bodily injury, property damage, or personal injury arising out of the insured's wrongful act The wrongful act shall take place during the policy period and shall arise solely In your capacity as a law enforcement agency. SECTION (I. DEFINITIONS MINIM A. Auto means a land motor vehicle, trailer or semitrailer designed for travel on public roads, Including any attached machinery or equipment. Auto, however, does not include mobile equipment, B. Bodily Injury means physical Injury, sickness, disease, mental anguish, or emotional distress sustained by any person including death resulting from any of these at any time. C. Clairn(s) means a demand for money. D. Discrimination means conduct with respect to any person In violation of federal, state or local law because of race, color, religion, national origin, age, sex marital status, sexual orientation, handicap, pregnancy, chronic medical condition, obesity of any other protected category or characteristic established pursuant to any applicable United States_ federal, state or local statute. Loss (es) means damages, judgments, and settlements from any claim or suit, F. Loading or Unloading means the handling of property: 1. After It is moved from the place where it is accepted for movement Into or onto an aircraft, watercraft, or auto; 2. While it Is in or on an aircraft, watercraft or auto; or 3. While it is being moved from an aircraft, watercraft or auto to the place where It is finally delivered. 13ut loading or unloading does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft, or auto. G. Mobile Equipment means any of the following types of land vehicles, including any attached machinery or equipment: 1. Bulldozers, farm machinery, forklifts, and other vehicles designed for use principally off public roads; 2. Vehicles maintained for use solely on or next to premises you own or rent; 3, Vehicles that travel on crawler treads; 4. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: a. Power cranes, shovels, loaders, diggers or drills; or b. Road construction or resurfacing equipment such as graders, scrapes or rollers; 5. Vehicles other tnan those described in 1, 2, 3, or 4 above that are not self- propelled and are maintained primarily to permanently attached equipment of the following types: a. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or b. Cherry pickers and similar devices used to raise or tower workers. t3. Vehicles other than those described in 1, 2, 3, or 4 above that are maintained primarily for purposes other than the transportation of persons or cargo, Self-propelled vehicles, however, with the following types of permanently attached equipment are not mobile equipment but shall be considered autos; Equipment designed primarilyfor: i. Snow removal: tl, Road maintenance, but not construction or resurfacing; or • 111. Street cleaning, b, Cherry pickers and similar devices Mounted on automobile or truck chassis and used to raise or lower workers; and c. Air compressor, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. Personal injury means injury other than bodily injury arising out of one or more of the following: 4. False arrest, wrongful detention, or wrongful imprisonment; 2. Malicious prosecution; 3. Assault and battery from the use of reasonable force to protect persons or property; q. Discrimination unless uninsurable bylaw; 5, Humiliation; 6. False or improper service or process; 7. Violation of property rights; 6. Violation of civil rights; 9. Wrongful eviction or wrongful entry, or other violations of the right of private occupancy; and 10. The oral or written publication of material that: a. Defames, slanders or libels a person ar organization or disparages a person's or organization's goods, products ar services; or b. Violates a person's right of privacy; Personal injury, however, does not include the oral ar written publication of material, other than In court in the course of, or related to, advertising, broadcasting, telecasting, or videotaping activities conducted by or on behalf of any insured, • Policy Period means the period commencing on the effective date shown In the Declarations. This period ends on the earlier of the expiration date or the effective date of cancellation of this Policy If any Insured became an insured under this Policy after the effective date the policy period begins an the date that Insured became an insured and ends on the earlier of the expirationdate or the effective date of cancellation of this Policy J., Pollutants means any solid, liquid, gaseous or thermal irritant ar contaminant, including; smoke, vapor, soot, fumes acids alkalis, chemicals and waste. Waste Includes, but is not Limited to, material to be recycled, reconditioned or reclaimed, as well as medical waste. • It. Property Damage means: 1. Physical injury to, ar destruction of, tangible property including the loss of use of it; or 2. Loss of use of tangible property, which has not been physically injured or destroyed, a L. Suit means a civil proceeding seeking money damages and includes an arbitration, mediation, or any other alternative dispute resolution procedure seeking such damages or an administrative proceeding arising from a claim, to which the insured shall submit or may submit with our consent Suit shall not include any civil proceeding or administrative proceeding arising from any labor or grievances dispute which Is subject to a collective bargaining agreement, M. Wrongful Act means any error, omission or negligent act In performing or failing to perform law enforcement services,• SECTION ill, WHO IS AN INSURED A. You are an insured; B, Each of the following Is also an Insured, but only while acting within the scope of their duties for you: • 1. Your law enforcement officers and, in the event of their death, Incapacity or bankruptcy, their heirs, executors, administrators, assigns, and legal representative; z. The political entity or subdivision of which the law enforcement agency Is a part department or bureau and its public officials, provided such political entity or subdivision is legally constituted at the inception of this Policy: and Alt other employees, auxiliary personnel, reserves, and authorized volunteers of the law enforcement agency No person or organization Is an Insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. SECTION IV. DEFENSE COSTS, CHARGES AND EXPENSES We shall pay the costs related to the following which are In addition to the limits of Lability: A, We.have the right and duty to defend and appoint an attorney to defend any claim or suit brought against any insured for a wrongful act to which this insurance applies even if the suit is groundless or frivolous, Our duty to defend any clnlm or suit ends after the applicable Limit of liability has been exhausted by payment of judgments and settlements, We have the right to investigate and settle any claim or suit that we believe Is proper, We shalt pay all reasonable costs we ask the Insured to incur while helping us investigate or defend a claim or suit. We, however, shall not pay more than $100 per day for earnings lost by the insured because of time taken off from work. D. We shall pay premiums for appeal bonds, or bonds to release property being used to secure a legal obligations, If required in a suit we defend. We shall only pay, however, for bonds valued up to our applicable limit of Liability. We shali have no obligation to appeal or to obtain these bonds. We shall pay the posts taxed against an insured In a suit we defend. 4 P. We shall pay all interest an the amount of any judgment within our Limit of Liability: 1. Which accrues after entry of judgment; and 2, Before we pay, offer to pay, or deposit in court that part of the judgment within our applicable limit of Liability. O, Pre Judgment Interest awarded against the insured an that part of the judgment we pay. • 8ECTION V. 8XCLUSiONS _... This insurance does not apply to any claims directly or indirectly arising out of: Any insured's failure to, fuifiil any duty or obligation' Imposed by the Employment Retirement income Security Act of 1974, Including amendments to that law, or similar federal, state, or local statutory or common law; B, Any transmission of or exposure to any communlcabie.sdtsaase, Including but not limited to, Acquired Immune Deficiency Syndrome, tuberculosis, or hepatitis; C. Any employment practice Including but not limited to, appitcation for employment, refusal to employ, termination of employment, coercion demotion, evaluation, re -assignment discipline, defamation harassment including sexual harassment, humiliation discrimination, or viotatlon.of civil rights; Any dishonest, fraudulent, bad faith, criminal or malicious: 1. Act; 2. Error; or S. Omission; by arty insured other than you, unless you directed or had knowledge of the act, error, or omission. E, Any willful violation, or any violation in which any Insured had knowledge or consented to the violation of any federal, state, or local statute, ordinance, rule, or regulations without a good faith basis; • F. Any claim brought by any person or organization covered under thls Policy; Any claim for which you or any carrier as your insurer may be held liable under any worker's compensation, unemployment compensation or disability benefits taw, or under any similar law; H. Any liability assumed by any Insured under any contract or agreement. This exclusion does not apply to liability for damages: 1. Assumed In a contract or agreement that is an insured contract provided the bodily injury, property damage, personal Injury, or wrongftcli act occurs subsequent to the execution of the contract or agreement; or That you would have in the absence of the contract or agreement In no event shall this exclusion apply to v.ragfut..aets..committed_in_the_p.adornr nce f law enforcement services provided In contracts of muffle] aid ar intergovernmental agency agreements between law enforcement agencies or other political subdivisions; Any actual, alleged, attempted, threatened, or proposed sexual physical contact, sexual abuse or sexual verbal harassment by any Insured other than you, unless you directed or had knowledge of the act, error, or omission This exclusion shall not apply to employment practices• 1. The actual ,alleged or threatened, discharge, dispersal, seepage, migration, release, or escape of pollutants; or 2. My direction or request, to test for, monitor, cleanup, remove, contain, treat, detoxify; or neutralize pollutants or in any way respond to or assess the effects of pollutants; in no event shall this exclusion apply to the use or release of chemicals used In law enforcement activities. K. That part of any claim or suit seeking non -monetary relief including, but not limited to, injunctive relief, declaratory relief, or any other equitable remedies; L, Property damage to: 1, Property you own, rent, or occupy; 2. Premises you self, give away, or abandon, if the property damage arises out of any part of those premises; 3. Property loaned to you; 4. Personal property in the care, custody, or control of any Insured. However, property seized ar impounded by the Insured at the time of arrest or incarceration shall be covered up to an amount of 1312,01aanatialtyStieh shall be part of and not In addition the overall Aggregate Limit of Liability as shown in item 3. of the Declarations. Nuclear energy liability for: 1, Bodily Injury or property damage against an Insured who Is also an Insured under a nuclear energy liability policy issued by Nuclear Energy Liability insurance Association, Mutual Atomic Energy Underwriters, or Nuclear Insurance Association of Canada, or would be an insured under any such policy but for its termination upon exhaustion of its limits of liability; or 2. For bodily injury or property damage arising from or caused by hazardous properties of nuclear material and with respect to any person or organization required to maintain financial protection pursuant to the Atomic Energy Act of 1954, ar any subsequent amendment of that Act or the insured is , or had this Polley not been issued would be entitled to , indemnity from the United States of America, or any agency, under any agreement entered into the United States of America, or any agency, with any person or organization; 3, For. bodily injury or property damage arising from or Caused by hazardous properties of nuclear material if: a, The nuclear material Is at any nuclear facility owned by, or operated by or on behalf of an insured or has been discharged or dispersed from that nuclear facility; b. The nuclear material is contained in spent fuel or waste at arty time possessed handled, used, processed, stored, transported or disposed of by or on behalf of any Insured; or c. The bodily injury or property damage arises out of the furnishing by an Insured of services, materials, parts or equipment In connection with the planning, construction, maintenance, operation or use of any nuclear facility. If such nuclear facility, however, is located within the United States of America, Hs territories or possessions or Canada, this exclusion applies only to property damage to such nuclear facility and its property. 4. For any medical payment; 6. Definitions as used in this exclusion: • a, Hazardous properties mean radioactive, toxic, or explosive properties; b. Nuclear material, Special nuclear material, and By-product material as defined in the Atomic Energy Act of 1954 ar in any subsequent amendment of the Act, o, . Spent fuel means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation In a nuclear reactor, d. Waste means any waste material containing by-product material and resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph e, below. e. Nuclear facility means: (. Any nuclear reactor; ii. Any equipment or device designed ar used for; (a). Separating the Isotopes of uranium or plutonium; (b). Processing or utiiizing spent fuel; or (o). Handling, processing or packaging waste; it Any equipment or device used for the processing, fabrlaatton or alloying of special nuclear material if at any time the total amount of such materiel in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, iv. Any structure, basin, excavation, premises ar place prepared or used for the storage or disposal or waste, and includes the site on which any of the foregoing is located all operations conducted on such site and ail premises used for such operations; f. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in self-supporting chain reaction or to contain a critical mass of fissionable material. N. Any liability for fines or penalties; O. The rendering of, or failure to render, professional services by an attorney, a member of the medical profession, or the clergy while acting in the scope of their professional duties, However, this exclusion shallhot.applyioany insured who good faith, renders first aid or effergenoy medical care, or assistance to any IiI or lntured person which results in persona jury or bodily injury; P. The ownership, maintenance, management, use, operation, control, loading or unloading, or entrustment to others of any aircraft, auto, or watercraft: 1, Owned, operated by, rented, or loaned to any Insured; or 2. Operated by any person on behalf of or In the course of employment by an Insured. amMiEdibblin SECTION Vi. LIMITS OF LIABILITY A The limits shown in the Declaration to this Policy and the Information contained in thls section Is the most we shall pay (Excluding Defense Costs, Charges and Expenses provided in Section iV) regardless of the number of I. Persons or organizations covered by this Policy; or 2. Claimants, claims made, or suits brought. B. Each wrongful act limit Is the most we shall pay for all loss that results from a single wrongful act. • Aggregate limit is the most we shall pay for all lasses covered under this Palley. ID, All claims arising from continuous, repeated, or related wrongful acts shall be treated as one claim. Such wrongful acts shall be considered to have taken place when the earliest wrongful act offense takes place, SECTION VII. DEDUCTIBLE A. You shall be responsible for the deductible amount shown in the !Declarations. Expenses we incur in investigating and defending claims and suits are included In the deductible. The deductible applies to each wrongful act and you may not insure against IL Ail claims arising from a single wrongful act or continuous, repeated, or related wrongful acts shall be subject to one deductible B. We may pay all or part of the deductible to settle a claim or suit. You agree to repay us promptly after we notify you of the settlement. SECTION VIIi. OTHER PROVISIONS AFFECTING COVERAGE A. Where Coverage Applies We cover wrongful acts in the United States of America, fis territories and possessions, Puerto Rico or Canada, but only If a claim is made and suit is brought for such wrongful act In the United States of America, Its territories and possessions, Puerto Rico or Canada YOUR ASSISTANCE AND COOPERATION 1. You agree to cooperate with and help us: a. Make Settlement; b. Enforce any legal rights you or we may have against anyone who may be liable to you; c. Attend depositions, hearings and trials; and d. Secure and give evidence, and obtain the attendance of witnesses. You shall not admit any liability, assume any financial obligations, or pay any money without our prior consent. If you do, It shall be at your own expense. C. RIGHT AND DUTIES OF THE LAW ENFORCEMENT AGENCY You agree that when there is more than one person or entity covered under this Policy, the first Named Insured in the Declarations shall act on behalf of all insureds as to: 1. Giving and receiving notice of cancellation; 2. Payment of premiums and receipt of return premiums; 3. Acceptance of any endorsements to this Policy; or LAWSUITS AGAINST US 1. No one can sue us to recover under this Policy unless ail of the terms have been honored, A person or organization may sue us to recover up to the Limits of Liability under this Policy only after your liability has been decided by: a. Trial, after which a final judgment has been entered; or • b, A written settlement agreement signed by you, us, and the party making the claim. E. BANKRUPTCY You or your estate's bankruptcy or Insolvency does not relieve us of our obligations under this Policy. F. CHANGES The first Named insured shown in the Declarations Is authorized to make changes in the terms of this Policy with our written consent, This Policy's terms can be amended or waived only by endorsement issued by us and made a part of this Policy. G. INSPECTIONS AND SURVEYS a • We have the right but are not obligated to: 1. Make inspection and surveys at any time; 2. Give you reports on the conditions we find; and 3. Recommend changes. Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety Inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. tAnd we do not warrant that conditions: 1. Are safe or healthful; or 2. Comply with laws, regulations, codes or standards. This condition applies not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance Inspections, surveys, reports or recommendation on our behalf. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY Your rights and duties under this Policy may not be Transferred without our written consent. • If you are declared legally bankrupt, your rights and duties shall be transferred to your legal representative but only while acting within the scope of his duties as your legal representative. CONFORMANCE TO STATUTE To the extent a term of this Policy conflicts with a statute of the State within which this Policy is Issued, the term shall be deemed amended so as to conform to the statute. -J. DUTIES IN THE EVENT OF A WRONGFUL. ACT, CLAIM OR SUIT 1. You must see to It that we are notified as soon as practicable of wrongful acts which you reasonably believe may give rise to a claim or suit for which coverage may be provided. To the extent possible, the notice should include: a. The identity of the person(s) alleging the wrongful act; b. The identity of the insured(s) who allegedly were involved In the Incidents or events and o. The date the alleged Incidents or events took place. 2. if a -claim is made or suit is brought against any Insured, you shall: a. Immediately record the specifics of the claim and the date received, and b. Notify us as soon as practicable. 1p You shall see to it that we receive written notice of this claim as soon as practicable. 3, You and any other insured shall: Immediately send us copies of any demands, notices, summonses or legal pleadings received in connection with any claim or suits, b. Authorize us to obtain records and other information, c. Cooperate with us in the investigation, settlement, or defense of the claim ar suit, and d. Assist us, upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. K. OTHER INSURANCE Notwithstanding any other provision of the policy to the contrary, the Insurance provided for by this policy shall be primary Insurance, but only with respect to any claim, loss or liability arising out of the Named insured's Wrongful Acts. L. REPRESENTATIONS 1. By accepting this Policy, you agree that the statements in the Application and Declarations are true, and that they are your agreements and i epresentatlons. 2. You agree that this Policy is issued in reliance upon the truth of those representations, 3. Any and ail relevant provisions may be voidable by us in any case of fraud, intentional concealment, or misrepresentation or material fact by you. SEPARATION OF INSUREDS Except with respect of the Limits of Liability, and any rights or duties specifically assigned to the first Named Insured, this Insurance applies; 1. As if each Named Insured were the only Named insured; and 2. Separately to each Insured against whom a claim is made ar a suit is brought N. GOVERNMENTAL IMMUNITY As a public institution, you may be entitled to governmental immunity. This Policy shall not constitute a waiver of any Governmental immunity to which you are entitled. O. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US If an Insured has rights to recover all or part of any payment we have mad under this Polley, those rights are transferred to us, The insured shall do nothing to Impair them, At our request, the Insured shall bring suit or transfer those rights to us and help us enforce them. 11 P. SERVICE OF SUIT AND CHOICE OF LAW In the event of the failure of the Company to pay any amount claimed to be due hereunder, the Company will submit to the jurisdiction of a court of competent jurisdiction within the State of Colorado and will comply with all requirements necessary to give such court jurisdiction. Nothing in this condition constitutes or should be understood to constitute a waiver of the Companys rights to remove an action to a United States District Court All matters arising hereunder including questions relating to the validity interpretation, performance and enforcement of this •policy shall be determined in accordance with the laws and practices of the State of Colorado, It is further agreed that service of process in such suit may be made upon Counsel, Legal Department, Lexington Insurance Company 100 Summer Street Boston, Massachusetts, 02110 or his or her representative, and that In any suit instituted against the Company upon this policy, the Company will abide by the final decision of such court or of any appellate court In the event of an appeal Further, pursuant to any statute of any state, territory, or district of the United States which makes provision therefor, the Company hereby designates the Superintendent, Commissioner or Director of insurance, or other officer specified for that purpose in the statute, or his or her successor or successor in office as Its true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the Insured or any beneficiary hereunder arising out of this policy of insurance, and hereby designates the above named Counsel as the person to whom the said officer is authorized to mail such process or a true copy thereof. Arbitration. Notwithstanding the Service of Suit clause above, In the event of a disagreement as to the Interpretation of this policy, It Is mutually agreed that such dispute shall be submitted to binding arbitration before a panel of three (3) Arbitrators consisting of two (2) party -nominated (non -impartial) Arbitrators and a third (Impartial) arbitrator (hereinafter "umpire") as the sole and exclusive remedy. The party desiring arbitration of a dispute shall notify the other party, said notice including the name, address and occupation of the Arbitrator nominated by the demanding party The other party shall within 30 days following receipt of the demand, notify In writing the demanding party of the name, address and occupation of the Arbitrator nominated by it. The two (2) Arbitrators so selected shall, within 30 days of the appointment of the second Arbitrator, select an umpire. If the Arbitrators are unable to agree upon an umpire, each Arbitrator shall submit to the other Arbitrator a list of three (3) proposed individuals, from which list each Arbitrator shall choose one (1) indavlduat. The names of the two (2) individuals so chosen shall be subject to a draw, whereby the individual drawn shall serve as umpire. The parties shall submit their cases to the panel by written and oral evidence at a hearing time and place selected by the umpire, Said hearings shall be held within thirty (30) days of the selection of the umpire. The panel shall be relieved of all judicial formality, shall not be obligated to adhere to the strict rules of law or of evidence shall seek to enforce the intent of the parties hereto. The decision of a least two (2) of the three (3) panel members shall be binding and final and not subject to appeal except for grounds of fraud or gross misconduct by the Arbitrators The award will be issued within 30 days of the close of the hearings Each party shall bear the expenses of its designated Arbitrator and shall jointly and equally share with the other expense of the umpire and of the arbitration proceeding, • The arbitration proceeding shall take place in Denver, Colorado. The procedural rules applicable to this arbitration, shall, except as provided otherwise herein, be in accordance with the Commercial Rules of the American Arbitration Association. • SECTION IX, CANCELLATION A. The first Named Insured shown in the Declarations may cancel this Policy by mailing or delivering to us advance written notice of cancellation. • We may only cancel this policy for nonpayment of premium. We may cancel this Policy by mailing or delivering to the first Named Insured written notice of cancellation at least ten (10) days before the effective date of cancellation, C. We shall mail or deliver our notice to the first Named lnsured's last mailing address known to us. D. Notice of cancellation shall state the effective date of cancellation, This policy period shall end on that date. 1=, If this Policy is canceled, we shall send the first Named Insured any premium refund duo. If we cancel, the refund shall be pro rata. If the first Named Insured cancels, the refund may be less than pro rata The cancellation shall be effective even if we have not made or offered a refund. P. if notice is mailed, proof of mailing shall be sufficient proof of notice. G, If you cancel you shall return the Policy or a properly executed Lost Policy Release by mall or delivery to us or our Program Administrator within 7 days of the effective date of cancellation. IN WITNESS WHEREOF, we have caused thls Policy to be signed by our President and Secretary and countersigned where required by law on the Declarations page by our duly authorized representative. Secretary President • M&C Review Page 1 of 2 Official site of the City of Fort Worth, Texas FORT%Vont COUNCIL ACTION: Approved on 7/24/2012 - Ordinance No. 20297-07-2012 DATE: 7/24/2012 REFERENCE NO.: CODE C TYPE: **C-25755 LOG NAME* 35DEMOCRATIC CONVENTION PUBLIC CONSENT HEARING: NO SUBJECT: Authorize Execution of a Temporary Intergovernmental Agreement with the City of Charlotte, Charlotte -Mecklenburg Police Department for the City of Fort Worth to Provide Additional Law Enforcement Personnel During the 2012 Democratic National Convention in Charlotte, North Carolina and Adopt Supplemental Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of an Intergovernmental Agreement with the City of Charlotte, Charlotte - Mecklenburg Police Department for the City of Fort Worth to provide additional law enforcement personnel during the 2012 Democratic National Convention to take place September 1, 2012 through September 7, 2012; and 2 Adopt the attached supplemental appropriation ordinance increasing the estimated receipts and appropriations in the General Fund in the amount of $127,434.16. Expenses are estimated to be no more than $127,434.16 and reimbursement will match actual expenditures. DISCUSSION: S eptember 1, 2012 through September 7 2012, the City of Charlotte, North Carolina, will host the 2012 Democratic National Convention (DNC). The DNC has been declared a National Special S ecurity Event by the federal government, which means extraordinary security measures will be required. Fort Worth Police Department (FWPD) personnel will require two days of travel to and from the event The total event period will be from August 31, 2012 through September 9, 2012. The FWPD Emergency Preparedness Incident Command Unit (EPIC) will coordinate the deployment plan for this event. Over the past several months the Charlotte -Mecklenburg Police Department (CMPD) looked at Police Bike Units across the United States to fill the role of their Civil Disturbance Management Plan for the Democratic National Convention. The CMPD contacted the Law Enforcement Bicycle Association (LEBA) and the FWPD Bike Unit was highly recommended by LEBA. This request from the CMPD is an honor and great opportunity for the FWPD Bike Unit and the EPIC U nits. In 2010 and 2011, the FWPD Bike Unit had several weeks of training in preparation for Super Bowl XLV. Both units have continued to train and prepare for emergency responses and large planned events. In addition to assisting the City of Charlotte FWPD personnel will use this as a training opportunity for future public events or emergencies that occur in the City of Fort Worth. Expenses are estimated to be no more than $127,434.16 and the reimbursement will match actual expenditures. The City will be reimbursed by the City of Charlotte, North Carolina, after the event has concluded for salaries and overtime payments for officers participating in the event. Travel expenditures will also be reimbursed. http://apps.cfwnet.org/council_packet/mc review.asp?ID=17121&councildate=7/24/2012 9/19/2012 M&C Review Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon adoption of the supplemental appropriation ordinance, funds will be available in the Police Department budget of the General Fund and upon adoption of the Agreement, the Police Department will be responsible for the collection of funds due to the City. TO Fund/Account/Centers 2) GG01 481035 0351002 $1271434.16 2) GG01 5(VARIOUS) 0351002 $127.434.16 FROM Fund/Account/Centers Submitted for Citv Manaaer's Office bv: Charles Daniels (6199) Oriainatina Department Head: Jeffrey W. Halstead (4210) Additional Information Contact: Aya Ealy (4239) ATTACHMENTS 35DEMOCRATIC CONVENTION SAO12.doc http://apps.cfwnet.org/council_packet/mc review.asp?ID=17121&councildate=7/24/2012 9/19/2012