HomeMy WebLinkAbout05627 - BAY ACTUARIAL CONSULTANTS FOR CITY'S WORKERS' COMPENSATION PROGRAM CONSULTING SERVICES AGREEMENT
Bay actuarial Consultants
THIS AGREEMENT FOR CONSULTING SERVICES (the "Agreement") is made and
entered into this 28°i day of September, 2007, by and between the City of Palm Springs, a
California charter city and municipal corporation ("City'), and Bay Actuarial Consultants, a
California Corporation ("Consultant").
RECITALS
A. City is permissibly self-insured for workers' compensation benefits for employees
that suffer injury or industrial illness.
B. City is required by statute to maintain a reserve fund to cover workers'
compensation claims.
C. To maintain its perarnissible self-insured status, City is required to conduct
periodic actuarial studies of its reserve fiord to validate that sufficient funds are available to
cover all existing workers' compensation claims.
D. City has not performed an actuarial study of its workers' compensation program
or reserve fiend for several years and finds itself in need of a detailed analysis of its total
unfunded liability for workers' compensation ("'Project")_
E. Based on the Consultant's experience, qualifications, and reputation, City has
determined that Consultant is qualified to prepare an actuarial study and desires to retain
Consultant for the Project_
NOW, THEREFORE, in consideration of the promises and mutual agreements contained
herein, City agrees to retain and does hereby retain Consultant and Consultant agrees to provide
services to the City as follows:
AGREEMENT
1. CONSULTANT SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide all of the labor, materials, and expenses necessary to
complete the Project as described in the Scope of Services/Work attached to this Agreement as
Exhibit "A" and incorporated herein by reference (the "services" or "work"), which includes the
agreed upon schedule of performance and the schedule of fees. Consultant warrants that all
services and work shall be performed in a competent, professional, and satisfactory matuier in
accordance with all standards prevalent in the industry. In the event of any inconsistency
between the terms contained in the Scope of Services/Work and the terns set forth In the main
body of this Agreement, the terms set forth in the main body of this Agreement shall govern.
I Revised: 10/31/2007
1.2 Compliance with Law. All scrvices rendered under this Agreement shall be
provided by Consultant in accordance with all applicable federal, state, and local laws, statutes
and ordinances and all lawful orders, rules, and regulations pronmulgaLed thereunder.
1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such
licenses, permits, and approvals as may be required by law for the performance of the services
required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that
it has carefully considered how the work should be performed and fully understands the
facilities, difficulties, and restrictions attending performance of the work under this Agreement.
2. TIME FOR COMPLETION.
The time for completion of the services to be performed by Consultant is an essential
condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this
Agreement according to the agreed upon schedule of performance set forth in Exhibit "A."
Consultant shall not be accountable for delays in the progress of its work caused by any
condition beyond its control and without the fault or negligence of Consultant_ Delays shall not
entitle Consultant to any additional compensation regardless of the party responsible for the
delay.
3. COMPENSATION OF CONSULTANT
3.1 Compensation of Consultant. For the services rendered pursuant to this
Agreement, Consultant shall be compensated and reimbursed, in accordance with the schedule of
fees set forth in Exhibit "A," which total amount shall not exceed $4,800,
3.2 Method of Pavment. Consultant shall be paid a lump sum amount as set forth in
Exhibit "A" upon the successful completion of Project. Consultant shall submit to City an
invoice, in the form approved by City's finance director, for services rendered. City shall make a
good faith effort to pay Consultant within thirty(30) days of receipt of Consultant's invoice.
3.3 Changes. In the event any change or changes in the Scope of Services/Work is
requested by City, the parties hereto shall execute a written amendment to this Agreement,
setting forth with particularity all terms of such amendment, including, but not limited to, any
additional fees. An amendment may be entered into:
A_ To provide for revisions or modifications to documents or other work
product or work when documents or other work product or work is required by the enactment or
revision of law subsequent to the preparation of any documents, other work product, or work;
B. To provide for additional services not included in this Agreement or not
customarily furnished in accordance with generally accepted practice in Consultant's profession.
3.4 Appropriations. This Agreement is subject to and contingent upon funds being
appropriated therefore by the City Council of City for each fiscal year covered by the
2 Revised: 1 0/3112 0 0 7
Agreement. if such appropriations are not made, this Agreement shall automatically terminate
without penalty to City.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
4.2 Schedule of Performance. All services rendered pursuant to this Agreement
shall be performed pursuant to the agreed upon schedule ot'perfornance set forth in Exhibit "A."
The extension of any time period must be approved in writing by the Contract Officer.
4.3 Force Maieurc. The time for performance of services to be rendered pursuant to
this Agreement may be extended because of any delays due to unForeseeable causes beyond the
control and without the fault or negligence of Consultant, including, but not limited to, acts of
God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic,
quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather if
Consultant shall within ten (10) days of the commencement of such condition notify the Contract
Officer who shall thereupon ascertain the facts and the extent of any necessary delay, and extend
the time for performing the services for the period of the enforced delay when and if in the
Contract Officer's judgment such delay is justified, and the Contract Officer's determination
shall be final and conclusive upon the parties to this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 9.5 of this
Agreement, this Agreement shall continue in full Force and effect for a period of ninety (90)
days, commencing on September 28, 2007, and ending on December 28, 2007, unless extended
by mutual written agreement of the parties.
5. COORDINATION OF WORK
5.1 Representative of Consultant. The following principal of Consultant is hereby
designated as being the principal and representative of Consultant authorized to act in its behalf
with respect to the services and work specified herein and make all decisions in connection
therewith: Jack Joyce, Principal. It is expressly understood that the experience, knowledge,
education, capability, and reputation of the foregoing principal is a substantial inducement for
City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during
the tern of this Agreement for directing all activities of Consultant and devoting sufficient tine
to personally supervise the services hereunder. The foregoing principal may not be changed by
Consultant without prior written approval of the Contract Officer,
5.2 Contract Officer. The Contract Officer shall be the City Manager, or his/her
designee. It shall be the Consultant's responsibility to keep the Contract Officer, or his/her
designee, fully informed of the progress of the performance of the services and Consultant shall
refer any decisions that must be made by City to the Contract Officer. Unless otherwise
specified herein, any approval of City required hereunder shall mean the approval of the Contract
Officer.
5.3 Prohibition Against Subcontracting or Assimnment. The experience,
knowledge, education, capability, and reputation of Consultant, its principals and employees,
3 Revised: 10/31/2007
were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall
not contract with any other individual or entity to perform in whole or in part the services
required hereunder without the express written approval of City. In addition, neither this
Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of
law, without the prior written approval of City.
5.4 Independent Contractor. Neither City nor any of its employees shall have any
control over the manner, mode, or means by which Consultant, its agents or employees, perform
the services required herein, except as otherwise set forth herein. Consultant shall perform all
services required herein as an independent contractor of City and shall not be an employee of
City and shall remain at all times as to City a wholly independent contractor with only such
obligations as are consistent with that role; however, City shall have the right to review
Consultant's work product, result, and advice. Consultant shall not at any time or in any manner
represent that it or any of its agents or employees are agents or employees of City.
6. INSURANCE
Consultant shall procure and maintain, at its sole cost and expense, policies of insurance
as set forth in Exhibit"B,"which is attached hereto and is incorporated herein by reference.
7. INDEMNIFICATION.
To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost
and expense), indemnify, protect, and hold harmless City, its elected officials, officers,
employees, agents, and volunteers (collectively the "Indennnified Parties"), from and against any
and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards,
settlements, damages, demands, orders, penalties, and expenses including legal costs and
attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to
or death of persons (Consultant's employees included), for darnage to property, including
property owned by City, from any violation of any federal, state, or local law or ordinance, and
from errors and omissions committed by Consultant, its officers, employees, representatives, and
agents, which Claims arise out of or are related to Consultant's performance under this
Agreement, but excluding such Claims arising from the negligence or willful misconduct of the
City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances
shall the insurance requirements and hrniits set forth in this Agreement be construed to limit
Consultant's indemni Ccatiori obligation or other liability hereunder.
8. RECORDS AND REPORTS
8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer
such reports concerning the performance of the services required by this Agreement as the
Contract Officer shall require.
8.2 Records. Consultant shall keep such books and records as shall be necessary to
properly perform the services required by this Agreement and enable the Contract Officer to
evaluate the performance of such services. The Contract Officer shall have full and free access
to such books and records at all reasonable times, including the right to inspect, copy, audit, and
make records and transcripts from such records-
4 Revised, 10/3112007
8.3 Ownership of Documents. All drawings. specifications, reports, records,
documents, and other materials prepared by Consultant in the perfonnance of this Agreement
shall be the property of City and shall be delivered to City upon request of the Contract Officer
or upon the termination of this Agreement, and Consultant shall have no claim for further
employment or additional compensation as a result ol' the exercise by City of its full tights or
ownership of the documents and materials hereunder. Consultant may retain copies of such
documents for its own use. Consultant shall have an unrestricted right to use the concepts
embodied therein.
8.4 Release of Documents. All drawings, specifications, reports, records,
docurnents, and other materials prepared by Consultant in the performance of services under this
Agreement shall not be released publicly without the prior written approval of the Contract
Officer.
8.5 Cost Records. Consultant shall maintain all hooks, documents, papers, employee
time sheets, accounting records, and other evidence pertaining to costs incurred while performing
under this Agreement and shall make such materials available at its offices at all reasonable
times during the term of this Agreernent and for three (3) years from the date of final payment
for inspection by City and copies thereof shall be promptly furnished to City upon request.
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and interpreted both as to
validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this
Agreement shall be instituted in the Superior Court of the County of Riverside, State of
California, or any other appropriate court in such county, and Consultant covenants and agrees to
submit to the personal jurisdiction of such court in the event of such action.
9.2 Waiver. No delay or omission in the exercise of any right or remedy of a non-
defaulting party on any default shall itnpair such right or remedy or be construed as a waiver.
No consent or approval of City shall be deemed to waive or render unnecessary City's consent to
or approval o f any subsequent act of Consultant. Any waiver by either party of any default must
be in writing and shall not be a waiver of any other default concerning the same or any other
provision of this Agreement.
9.3 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the
parties are cumulative and the exercise by either party o F one or more of such rights or remedies
shall not preclude the exercise by it, at the same or different times, of any other rights or
remedies for the same default or any other default by the other party.
9.4 Legal Action. In addition to any other rights or remedies, either party may take
legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for
any default, to compel specific perfonnance of this Agreement, to obtain injunctive relief, a
declaratory judgment, or any other remedy consistent with the purposes of this Agreement.
5 Revised: 10131/2007
9.5 Termination Prior to EmAration of Term. City reserves the right to terminate
this Agreement at any tune, with or without cause, upon thirty (30) days written notice to
Consultant, except that where termination is due to the fault of Consultant and constitutes an
ira nediate danger to health, safety, and general welfare, the period of notice shall be such shorter
tine as may be determined by the City. Upon receipt of the notice of termination, Consultant
shall immediately cease all services hereunder except such as may be specifically approved by
the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior
to receipt of the notice of termination and for any services authorized by the Contract Officer
thereafter. Consultant may terminate this Agreement, with or without cause, upon thirty (30)
days written notice to City.
10. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION
10.1 Non-Liability of Citv Officers and Emplovees. No officer or employee of City
shall be personally liable to the Consultant, or any successor-in-interest, in the event of any
default or breach by City or for any amount which may become due to the Consultant or its
successor, or for breach of any obligation of the terms of this Agreement.
10.2 Covenant Against Discrimination. Consultant covenants that, by and for itself,
its heirs, executors, assigns, and all persons claiming under or through them, that there shall be
no discrimination or segregation in the performance of or in connection with this Agreement
regarding any person or group of persons on account of race, color, creed, religion, sex, marital
status, disability, sexual orientation, national origin, or ancestry-
It. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, consent, approval, or communication either
party desires or is required to give to the other party or any other person shall be in writing and
either served personally or sent by pre-paid, first-class mail to the address set forth below. Either
party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed
as provided in this Section.
To City: City of Palm Springs
Attention: City Manager & City Clerk
3200 E_ Tahquitz Canyon Way
Palm Springs, California 92262
To Consultant: Bay Actuarial Consultants
Attention: Jack Joyce, Principal
346 Rheem Blvd., Suite 204
Mora.-a, California 94566
11.2 Integrated Agreement. This Agreement contains all of the agreements of the
parties and cannot be amended or modified except by written agreement.
6 Revised: 1 0131/2 0 0 7
11.3 Amendment. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing.
11.4 Severability. In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by
valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability
shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement, which shall be interpreted to carry out the intent of the parties hereunder.
11.5 Authority. The persons executing this Agreement on behalf o F the parties hereto
warrant that they are duly authorized to execute this Agreement on behalf of said parties and that
by so executing this Agreement the parties hereto are formally bound to the provisions of this
Agreement.
[SIGNATURE PAGE SEPARATELY ATTACHED]
7 Revised: 10131/2007
M WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
"CITY"
City of Palm Springs
Date: By: IT0
lu ?_
ButzlaffCity Man ig --Administration
•ATTEST OVE1ASTOFORM:
alnes Thompson, p a/ZPoa gY r
City Cleric
Title:
—
"CONSULTANT"
Bay Actuarial Consultants
Date: �d �2 9 ' 6 By: A aj
Principal
Date:
Secretary
9 Revised:9/26/2007
EXHIBIT "A"
CONSULTANT'S
SCOPE OF SERVICES/WORK
Including,
Schedule of.Fees
And
Schedule of Perfonnance
9 Revised: 1013112007
Bay Actuarial Consultants
August 30, 2007
Mr. Troy L. Butzlaff
Assistant City Manager
City of Palm Springs
3200 Past Tahqultz Canyon Way
Palm Springs, CA 92263-2743
Dear Mr. Butzlaff:
We are pleased to have the opportunity to provide actuarial consulting services
to the City of Palm Springs.
Scope of the Review
We will prepare a written actuarial report on the City's workers' compensation
program. The report will describe our analysis and explain our conclusions and
will contain various charts and graphs that illustrate the important points. We will
discuss the effects of workers' compensation reform legislation and compare the
City's statistics with averages from our extensive database of workers'
compensation claims against other southern California cities.
The report will address the following topics:
1) 2007-08 Loss Costs. Projection of losses expected to be incurred
during the year that began on July 1, 2007. We will provide this in
terms of self-funding rates per $100 of payroll at self-insured
retentions of$500,000, $750,000, $1 million, and $2 million.
2) Liability as of 6130107. We will estimate the liability for unpaid self-
insured losses.
3) Discounting. We will provide the estimates for items (1) and (2)
above on both discounted and undiscounted (nominal) bases at
interest rates of between 0% and 6%.
345 Rheem Blvd.,Salto 204, Moraga,Oalifomla 94556
Tel 925•377 5269 • Coll 325 399.1596 • Fax 925 377 5270 . Email poyceRBayActuarial.com
4) Quantification of Variability. We will provide 70%, 80%, and 90%
confidence levels for items (1) and (2).
5) Cash Flow. The report will include a projection of 2007-08 claims
expenditures.
We will provide a detailed discussion and explanation of any odd or
unusual items that we notice, such as any trends that differ substantially
from those that we are accustomed to seeing with our many southern
California city clients. Bay Actuarial serves many California cities and we
maintain large reference databases of workers' compensation claims.
Data, Timing and Fees
We can produce the reports relatively quickly if necessary. Our flat fee for this
work will be $4,800 for the report. This will cover all time and expense. We do
not expect to incur any travel time or expense.
We will provide you with timely and professional service. If you have any
questions or suggestions, please call me at (925) 377-5269.
Respectfully,
BAY ACTUARIAL CONSULTANTS
0O'd Jam.
Jack Joyce
Principal
Fellow, Casualty Actuarial Society
Member, American Academy of Actuaries
cc: John Stephens, Keenan & Associates
EXHIBIT "B"
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
10 Revised: 10/31/2007
Insurance
Consultant shall procure and maintain, at its sole cost and expense, and submit
concurrently with its execution of this Agreement, in a form and content satisfactory to the City,
public liability and property damage insurance against all claims for injuries against persons or
damages to property resulting fi-om Consuhrrlt's performance under this Agreement. Consultant
shall also carry workers' compensation insurance in accordance with California workers'
compensation laws. Such insurance shall be kept in full Force and ef•'I'ect during the term of this
Agreement, including any extension thereof, and shall not be cancelable without thirty (30) days
advance written notice to City of any proposed cancellation. Certificates ofinsurance evidencing
the foregoing and designating the City, its elected officials, officers, employees, agents, and
volunteers as additional named insureds by original endorsement shall be delivered to and
approved by City prior to commencement of services. The procuring of such insurance and the
delivery of policies, certificates, and endorseme,uts evidencing the same shall not be construed as
a limitation of Consultant's obligation to indemnify City, its elected officials, officers, agents,
employees, and volunteers.
A. Minimum Scone of Insurance. The minimum amount of insurance required
hereunder shall be as follows:
I. Comprehensive general liability and personal injury with linxits of at least
one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two
million dollars ($2,000,000) general aggregate;
2. Automobile liability insurance with limits of at least one million dollars
($1,000,000.00) per occurrence;
3. Rev i-}iah;,:«•,xxrc��e=.�„�-ace--vm-ia�ic»Ts-)-�35�r��xee-�+vi•,txr,:•_nrrrrtsaf a�
least oRe m: lie a , afs a F„ t: a , , iu•� inn nnm
n;9A9:A0}�]ei=0 ce�ri�iari�—.�d�rimravrra.Olxm�—�.-vv��
arcrrua�aggregate;-ate
4. Workers' Compensation insurance in the statutory arnount as required by
the State of California and Employer's Liability Insurance with limits of at least one million
dollars $1 million per occurrence. If Consultant has no employees, Consultant shall complete the
City's Request for Waiver of Workers' Compensation Insurance Requirement form.
For any claims related to this Agreement, Consultant's insurance coverage shall be
primary insurance; as respects City and its respective elected officials, officers, employees,
agents, and volunteers. Any insurance or self-insurance maintained by City and its respective
elected officials, officers, employees, agents, and volunteers shall be in excess of Consultant's
insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability
Insurance only, the insurer shall waive all rights of subrogation and contribution it may have
against City, its elected officials, officers, employees, agents, and volunteers.
}r. �i'i'diT�-rvrraLr.mm�c�=del^}lg��ll•$1�r6'v`3(le�-rira'fr•C
Prof,ssk)arnl ebilkasidraiiee, C�silt nr tail
1iis,afa:3e 5-n....,,,,.,..en 4.. ,.t..:_..._,,.. hr e F
I I Revised: 10/31/2007
tke eonl•1i1 «: F r .. ,,1+ ,.. ser-i--- il..,,,_ «1,: no oemerrt 'rain t. ri
'"1 , xisrrrar.,.. _ b IfT91ith«l. same ..
in the ameia� fequi-r-e by this AgFeet"ii I'`o , Llree ZS aftef e eleti o f
G'+,.....,,hftnt'sSeFvimee�3 undmer �his Agfeement. tilt ant shall .lse ,_e-1ec1.__,..1 m.
��;ii the-requ�alEe-or-eex�n..�,ro•I ..
habili pehey.
C. Sufficicney of Insurers. Insurance required herein shall be provided by
authorized insurers in good standing with the State of Cali fornia. Coverage shall be provided by
insurers admitted in the State of Califomia with an A.M. Best',,; Key Rating of B-1--i , Class VII, or
better, unless otherwise acceptable to the City.
D. Verification of Coverage. Consultant shall furnish City with both certificates of
insurance and endorsements, including additional insured endorsements, effecting all of the
coverages required by this Agreement. The certificates and endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be
received and approved by the City before work commences- City reserves the right to require
Consultant's insurers to provide complete, certified copies of all required insurance policies at
any time. Additional insured endorsements are not required for Errors and Omissions and
Workers' Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or
Auto Liability Endorsement Porn for the City of Palm Springs or (2) an acceptable Certificate of
Liability insurance Coverage with an approved Additional Insured Endorsement with the
following endorsements stated on the certificate:
1. "The City of Palm Springs, its officials, emplovees, and agents are named as an
additional insured... " ("as respects City of Palm Springs Contract No. 11or 'for any and all
workperformed with the City"maybe included in this statement).
2. "This insurance is primary and non-contributory over any insurance or self-,
insurance the City may have..." ("as respects City of'Pahn Springs Contract No._" or 'far any
and all work perfortned with the Cio," may be included in this statement).
3. "Should any of the above described policies be canceled before the expiration
date thereof, the issuing c'ompanv will mail 30 days written notice to the Certificate Holder
named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose
no obligation or liability of any kind upon the company, its agents or representative" is not
acceptable and must be crossed out.
4. Both the Workers' Compensation and Employers' Liability politics shall contain
the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees,
agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the
certificate holder on the policies-
l2 Revised: 10/31/2007
All certificates of insurance and endorsements are to be received and approved by the City
before work conunences. All certificates of insurance must be authorized by a person with
authority to bind coverage, whether that is the authorised agent/broker or insurance underwriter.
Failure to obtain the required documents prior to the commencement of work shall not waive the
Consultant's obligation to provide them.
E. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City prior to commencing any work or
services under this Agreement. At the option of the City, either the insurer shall reduce or
eliminate such deductibles or Self-insured retentions as respects the City, its elected officials,
officers, employees, agents, and volunteers; or, Consultant shall procure a bond guaranteeing
paytnent of losses and related investigations, claim administration, and del'ense expenses.
Certificates of Insurance must include evidence of the amount of any deductible or self-insured
retention under the policy. Consultant guarantees payment of all deductibles and self-insured
retentions.
F. Severability_of-Interests (Separation of Insureds). This insurance applies
separately to each insured against whom claim is made or suit is brought except with respect to
the limits of the insurer's liability.
13 Revised: 10/31/2007