Title 12174 · Code of Ordinances

Sec. 128.103. - Definitions.

Citation: Jacksonville, FL Code of Ordinances § 128.103.

Section: 128.103.

In this Chapter, unless the context otherwise requires, the following words or phrases have the following meanings: (a) Accident is an unforeseen and unplanned event or circumstance. (b) Actuary is the firm or individual utilized by the Self-Insurance Program to quantify risk and project future Claim Costs of the Self-Insurance Program and its Participants. (c) Actuarial Report is the report(s) prepared by the Division's Actuary that provides projections of future liabilities for the Self-Insurance Program. (d) Administrative Expense means all expenses of the Self-Insurance Program which are not directly attributable to the investigation, defense preparation, settlement and disposition of particular Claims or Occurrences. (e) Annual Funding Amount is the amount that a Participant is required to pay into the Self-Insurance Program for the purpose of funding the Participant's estimated Claim Costs, share of Administrative Expense and Participant's contribution to the Self-Insurance Operating Reserve for the ensuing fiscal year. (f) Automobile Liability includes that which is deemed payable under the terms and conditions of the most recent edition of the Specimen Policy for Automobile Liability as kept on file with the Division, and as modified periodically in accordance with Section 128.104 . (g) Case Reserves means an estimate of the value of the amounts that will be paid in the future in connection with a Claim or a group of Claims that has not yet been paid. (h) City means the consolidated City of Jacksonville, Florida and all of its departments, divisions, boards, commissions, offices and organizational units including all Constitutional Officers of the City of Jacksonville, with the exception of the Duval County School Board and the School Board Members. The term City also includes all Independent Agencies. (i) City-Produced Event shall be any event where the City acts as the sole event producer or host. (j) City Safety Officer is the position within the Division primarily responsible for overseeing and supervising the safety efforts of the City and coordinating with all City departments, divisions, agencies, offices and organizational units on their established safety efforts, as is further described in Section 128.702 . (k) Claim Costs means the sum of Claim Expense and Claim Payments. (l) Claim is a demand by an individual or entity, made against a Participant, to recover money as a result of a loss that is covered by either the Self-Insurance Program or by a policy maintained in the Miscellaneous Insurance Program. (m) Claim Expense means all expenses of the Self-Insurance Program, other than Claim Payments, which are directly attributable to particular Claims or Occurrences. (n) Claim Payments means the expenses of the Self-Insurance Program which are directly attributable to the settlement or judgment of a particular Claim or Occurrence. (o) Department means the Finance and Administration Department, or as named at the time. (p) Director means the Director of the Finance and Administration Department. (q) Dividend means an amount payable to a Participant at the end of the fiscal year based upon the amount of Participant Retained Earnings for that Participant. (r) Division means the Risk Management Division of the Finance and Administration Department. (s) Division Administrative Expense means "Division Administrative Expense" as such is defined in Section 128.402 (a). (t) Division Retained Earnings means "Division Retained Earnings" as such is defined in Section 128.402 (b). (u) General Liability includes that which is deemed payable under the terms and conditions of the most recent edition of the Specimen Policy for General Liability as kept on file with the Division, and as modified periodically in accordance with Section 128.104 . (v) General Recoveries means those amounts which are recovered from third parties as a result of Occurrences of property damage or other losses suffered by the City. (w) Incurred But Not Reported (IBNR) means an estimate of the future liability arising from claims that will result from Occurrences that have already taken place but for which the claim(s) has not yet been reported to the Self-Insurance Program. (x) Incurred Loss means the entire loss including the estimated future settlement value of each Claim or cause of action arising from any Occurrence and for which coverage is provided for a Participant under the Self-Insurance Program, together with all reasonably foreseeable costs of investigation and adjustment. (y) Independent Agencies means a public body corporate and politic or body corporate operating in Duval County created by the City Council or the Florida legislature, with the exception of the Jacksonville Transit Authority. (z) Liability Component means that portion of a Participant's Claim Costs within the Self-Insurance Program which are attributable to the Participant's Claims covered under General Liability and under Automobile Liability. (aa) Loss means a monetary liability resulting from an Occurrence against a Participant under the coverages provided by this Chapter. (bb) Miscellaneous Insurance Program means the related administration and purchase of various insurance policies for risks transferred to insurance companies. (cc) Occurrence is an Accident, including continuous or repeated exposure to substantially the same general harmful conditions. (dd) Outstanding Claim Liability means the projected amount of liability for Claim Costs for all open claims and Incurred But Not Reported claims of a Participant for the anticipated life of those claims. (ee) Paid Loss means Claim Costs actually paid during a specific financial reporting period. (ff) Participant means the City, considered as a single unit, together with any Participating Independent Agencies. (gg) Participant Actual Expense Amount means the total amount of Claim Cost and Administrative Expense actually incurred by the Self-Insurance Program on behalf of a Participant during an annual period. (hh) Participant Actual Revenue Amount means the total amount of revenue received by the Self-Insurance Program attributable to a Participant during an annual period. (ii) Participating Independent Agency are the following listed Independent Agencies: Jacksonville Aviation Authority, Jacksonville Port Authority, JEA, Jacksonville Housing Authority, as such list may expanded or limited pursuant to Section 128.105 and Section 128.106 , respectively. (jj) Participant Recovery or Recoveries means those amounts which are recovered from third parties in relation to a Claim that is covered in the Self-Insurance Program. (kk) Participant Retained Earnings means "Participant Retained Earnings" as such is defined in Section 128.308 . (ll) Retained Earnings Adjustment Amount is the amount that a Participant's Retained Earnings either increases or decreases in a given year. (mm) Retained Earnings Threshold is the amount of the Retained Earnings account that, if exceeded, will qualify the Participant to receive a Dividend. (nn) Retained Earnings Threshold Percentage is the percentage used to determine the Retained Earnings Threshold and as described in Section 128.311 . (oo) Risk Management Program means, collectively, the Self-Insurance Program, Miscellaneous Insurance Program and other related activities and responsibilities delegated to the City's Risk Management Division by the Director. (pp) Risk Manager means the person appointed by the Mayor and confirmed by the City Council as the Chief of Risk Management for the Division. (qq) Self-Insurance Operating Reserve means the "Self-Insurance Operating Reserve" as such is defined in Section 128.312 . (rr) Self-Insurance Operating Reserve Maximum means the maximum balance to be maintained in the Self-Insurance Operating Reserve as such is described in Section 128.312 . (ss) Self-Insurance Program means the self-insured risk management program established by Part 3 of this Chapter. (tt) Specimen Policy means the insurance form that shall be used to determine whether the Self-Insurance Program will be responsible for administering, adjusting and paying any Claim or Occurrence which is submitted to the Self-Insurance Program by a Participant. (uu) Workers' Compensation includes that which is deemed payable under the terms and conditions of the most recent edition of the Specimen Policy for Workers' Compensation as kept on file with the Division, and as modified periodically in accordance with Section 128.104 . (vv) Workers' Compensation Component means that portion of a Participant's Claim Costs within the Self-Insurance Program which are attributable to the Participant's Claims covered under Workers' Compensation. (Ord. 2018-380-E , § 2)