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2006-079 Florida Municipal Insurance TrustRESOLUTION 2006-79 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE PROPOSAL OF FLORIDA MUNICIPAL INSURANCE TRUST (FMIT) TO PROVIDE THE VILLAGE WITH PROPERTY, LIABILITY AND WORKER'S COMPENSATION INSURANCE COVERAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village formally selected Heffernan Insurance Brokers to act as the Village's insurance agent or broker of record to obtain competitive quotes for property, liability, and worker's compensation insurance coverage on behalfofthe Village; and WHEREAS, having reviewed the quotes obtained by the broker of record, the Village Council wishes to accept the proposal that will best meet the needs of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA as follows: Section I. The Village Council of the Village of North Palm Beach, Florida, does hereby accept the proposal of Florida Municipal Insurance Trust (FMIT) to provide the Village with property, liability, and worker's compensation coverage in accordance with the terms and conditions set forth in the proposal attached hereto as Exhibit "A" and incorporated herein by reference, in the total amount of the proposal, $1,343,837 as represented by FMIT. The Village Council authorizes the Mayor and Village Clerk to execute whatever documents are necessary to secure such coverage on behalfofthe Village. Section 2. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 28`x' DAY OF (Viliage Seal) ATTEST: ~i2~~ VILLAGE CLE FLORIDA LEAGUE OF CITIES INC. PUBLIC RISK SERVICES ^ Administration/ Marketing ^ Risk Control ~ Underwriting Property & Casualty Health Post Office Box 530065 Orlando, FL 32853-0065 800-445-6248 407-425-9142 Suncom 344-0725 Fax 407-425-9378 ^ Health Claims Post Office Box 538140 Orlando, FL 32853-8140 800-756-3042 407-245-0725 Suncom 344-0725 Fax 407-425-9378 ^ Workers' Compensation Claims Post Office Box 538135 Orlando, FL 32853-8135 800-756-3042 407-245-0725 Suncom 344-0725 Fax 407-425-9378 ^ Property & Liability Claims Post Office Box 538135 Orlando, FL 32853-8135 800-756-3042 407-245-0725 Suncom 344-0725 Fax 407-425-9378 November 7, 2006 Mr. Mark Bates Village Manager Village of North Palm Beach FMIT #0955 501 U.S. Highway 1 North Palm Beach, FL 33408 Re: Signed Application Dear Mr. Bates: Enclosed is your signed application to the Florida Municipal Insurance Trust. Please keep this with your Insurance Package. We will also be keeping one in our file. Thank you, Rating Department Public Risk Services Enclosure Florida Municipal Insurance Trust APPLICATION TO FLORIDA MUNICIPAL INSURANCE TRUST GOVERNMENT APPLICANT: Village of North Palm Beach ACCOUNT NUMBER: FMIT 0955 TYPE OF GOVERNMENTAL ENTITY: Municipality ADDRESS: 501 U.S. H FEDERAL EMPLOYER IDENTIFICATION NUMBER: 596017984 OFFICIALS AUTHORIZED TO EXECUTE CONTRACTS: Name: David B. NOt~ri$ Title: Md.yOr PRIOR INSURANCE COVERAGE CARRIED BY: ^ NOTIFICATION TO DEPARTMENT OF COMMERCE Name: Title: Applicant hereby makes application with the Trust for continuing membership for liability, property, allied lines, automobile physical damage, workers' compensation, employers' liability, medical, dental, short-term disability, and/or life coverage, to be effective 12:01 a.m. October 1, 2006 and, if accepted by the Trust's duly authorized representative, does hereby constitute and appoint the Florida League of Cities, Inc., to act as Administrator of said Trust and to act as Applicant's agent-in-fact in all matters relating to its participation in said Trust and agent-in-fact to the extent any such coverage is placed with the Trust. Applicant, by execution of this Agreement, further agrees: (a) That, by this reference, the terms and provisions of the Agreement and Declaration of Trust creating the Florida Municipal Insurance Trust, as may be amended periodically by its Board of Trustees, a copy of which Applicant hereby acknowledges receipt, is hereby adopted, approved, ratified, and confirmed by Applicant; and further, Applicant will accept, assume, abide by and be bound by the provisions and obligations set forth therein; (b) That Applicant will pay all premiums on or before the date the same shall become due and, in the event Applicant fails to do so, will pay any reasonable late penalties and charges arising therefrom and all costs of collection thereof, including reasonable attorney's fees; (c) That Applicant, as long as it remains a member of the Trust; will abide by the rules and regulations adopted by the Trust's Board and will conform its conduct to the terms of any agreements entered into by the Board to administer the Trust; (d) That Applicant, in the event of any changes iri the Applicant's corporate or business structure, or if any locations are to be added or deleted from any coverage provided by the Trust, will notify the Trust immediately; and that Applicant further understands that, if workers' compensation coverage or employers' liability coverage is provided by the Trust, the failure to provide said notice within thirty (30) days of any such change may result in the assessment of a civil penalty not to exceed $100 for each failure; (e) That should either the Applicant or the Trust desire to cancel coverage, it will give written notice to the other at least forty-five (45) days prior to cancellation; (f) That, should Applicant default hereunder, Applicant agrees to save and hold harmless the Trust and the Trust's Board from any and all damages, causes of action, claims, delinquency or expenses; including reasonable attorney's fees, which would have otherwise been incurred by the Trust or the Board hereunder absent such default on the part of the Applicant; (g) That, if workers' compensation or employers' liability coverage is placed with the Trust, Applicant will accept and be bound by the provisions of the Florida Workers' Compensation Act, that coverage arising from this Application shall be for Florida operations only, and that the Wage Declaration Schedule (Form No. )and/or Renewal Certificates, when completed and returned to Applicant by the Trust, shall become a part of this agreement; and (h) That, if medical, dental, short-term disability, and/or life coverage is placed with the Trust, the probationary period for new employees shall be: ( ) 30 days ( ) 60 days ( ) 90 days ( )other WITNESSES TO SIGNATURE Village of North Palm Beach h / _ ~~~~ N of pli nt ~L~ Name _ ,z O icer ~( O2 A ress ,3~ CORPORATE SEAL ~ ~~,~C __1~G~- {~'.t~~~4~~i -~_~% l~r~t2, !mil 'G%r/ Clerk er-SeereMrq Name /O1/~~D6 5?~I lJS fi~w~/ / ~Uy~r ~~- .~ c~fZ 3s/o~ Date Address IS HEREBY APPROVED FOR MEMBERSHIP IN THIS TRUST COVERAGE EFFECTIV <THE 1st DAY OF October, 2006. SIGNED THIS F ~ , 20t~p BY: J (10/96) " Administrator/Trustee FLORIDA MUNICIPAL INSURANCE TRUST COVERAGE PROPOSAL FOR VILLAGE OF NORTH PALM BEACH PROPOSED EFFECTIVE DATE: October 1, 2006 ADMINISTERED AND PREPARED BY: PUBLIC RISK SERVICES OF THE FLORIDA LEAGUE OF CITIES, INC. P.O. BOX 530065 ORLANDO, FL 32853-0065 September 6, 2006 "The Florida Municipal Insurance Trust Guarantee" The FMITwill match any competitor's pricing for similar exposures, coverages, terms and conditions contingent on the ability of the competitor to uer-ify that their rates are established by an independent actuary and that their reinsurance structure is currently in place. The competitor's reinsurer (as in the case of the FMIT) must have an AM Best rating of an A-VII or better. FLORIDA MUNICIPAL INSURANCE TRUST Proposal for 2006-2007 Village of North Palm Beach FMIT 0955 Option 1 - GL and AL Limit of $5,000,000 DEDUCTIBLE LIMIT NET PREMIUM Liability Coverages - Comprehensive General Liability n/a $5,000,000 $203,251 - Police Professional Liability n/a $5,000,000 $64,645 - Public Officials E & O/Employment n/a $5,000,000 98 741 Practices Liability Total $366,637 Automobile Coverage - Comprehensive Automobile Liability n/a $5,000,000 $60,345 - Personal Injury Protection (PIP) n/a $10,000 Included -Automobile Physical Damage Comprehensive $1,000 1$ 2.887 Collision $1,000 Total $73,232 Workers' Compensation - Employers' Liability $1,000,000/$1,000,0001$1,000,000 $398,880 - Total Payroll: $9,852,057 n/a STATUTORY - Experience Modification 0.980 - Effective Date 10/1/06 - Drugfree Workplace Credit Yes -Safety Credit Yes • Requires receipt of approved applications Property Coverage - Total Real & Personal Property - Windstorm/Hail Deductible - Coinsurance: - Valuation Basis: - Coverage Form: - Blanket or Specific Miscellaneous Coverages - Electronic Data Processing - Equipment: - Software: - Equipment Breakdown - Inland Marine - Inland Marine -Blanket Coverage - Crime/Bonds Coverages - Money and Securities - - Depositors' Forgery - Bond Type " Honesty Blanket Bond Computer Fraud 100% Replacement Cost Special Blanket $10,000 Flat $15,127,173 $437,036 (See important note under the Property Coverage section) Included In Contents Included Included In Contents Included Included In Contents Included Yes Per Schedule $311,660 Included Note: Items valued greater than $50,000: Deductible is either the listed amount or 2% of the limit. (Whichever is greater) Yes $500 Items under $15,000 Included Loss Inside: $1,000 $100,000 Included Loss Outside: $1,000 $100,000 Included $1,000 $100,000 Included $1,000 $1,000,000 Included $1,000 $100,000 Included 2 *Certain Officers and Subordinates are excluded automatically from coverage by the terms of the designated Blanket Bonds: 1. All Coverages -Finance Directors, Treasurers and Tax Collectors by whatever title known. 2. Faithful Pedormance Coverages -Personnel required by law to furnish an individual bond to qualify for of(ce (Policemen excluded). 3. Honesty Coverages -Personnel required by law to give bond for faithful pertormance duties. TOTAL ANNUAL FMIT PREMIUM $1,275,785 SIR Services inGude Risk Control and Defense Costs and Awards or Settlements for Liability, if applicable. The providers of the TPA service are subject to approval by the Florida League of Cities, Inc. IMPORTANT NOTE: THIS IS A PACKAGE QUOTE.. IF ANY OF THE LINES OF COVERAGEARE NOT RENEWED, THE OTHER LINE PRICING WILL CHANGE OR COVERAGE OFFERINGS ON THE REMAINING LINES COULD BE WITHDRAWN ALTOGETHER. PROPERTY IS-NOT OFFERED-0N A STAND ALONE BASIS. Position Schedule Bond GRAND TOTAL PREMIUM $878 $1,276,663 THE PREMIUMS IN THIS PROPOSAL ARE VALID UNTIL SEPTEMBER 30, 2006. DEDUCTIBLE OPTIOh1S Coveraoe Ootion General Liability Limit $1,000,000 Limit $2,000,000 Automobile Liability Limit $1,000,000 Limit $2,000,000 Property Deductible $25,000 Flat Workers' Compensation Deductible $2,500 Flat Deductible $25,000 Stoploss Stoploss Amount $269,381 Premium $354,896 $359,886 $41,730 $48,871 $408,774 $371, 962 $304, 392 4 WORKERS' COMPENSATION PAYROLLS DESCRIPTION PAYROLL 0042 Landscape Gardening & Drivers 262,925 5509 Street or Road Maintenance or Beautification & Drivers 469,502 7704 Firefighters & Drivers 1,342,947 7720 Police Officers 8 Drivers 1,881,927 8380 Automobile Service or Repair Center & Drivers 242,443 8810 Clerical Office Employees NOC 2,519,972 9015 Buildings -Operation by Owner or Lessee 374,479 9060 Club -Country, golf, fishing or yacht - & Clerical 810,971 9101 School: All other Employees 188,936 8102 Park NOC -All Employees & Drivers 770,069 9403 Garbage, Ashes or Refuse Collection & Drivers 753,822 9410 Municipal, Township, County or State Employee NOC 234,064 Total 9,852,057 5 GENERAL LIABILITY COVERAGES INCLUDE: - Premises Operations - Products/Completed Operations - Contractual Liability (Designated Contracts Only) - Owners' & Contractors' Protective Liability - Personal Injury Liability - Host Liquor Liability - Incidental Medical Malpractice Liability - Watercraft Liability - Fire Legal Liability - $250,000 Limit - Broad Form Property Damage - $250,000 Limit per Occurrence, - Advertising Injury Liability Maximum $500,000 in any Trust Year - Supplemental Errors & Omissions - $2,500 minimum deductible or policy deductible, whichever is greater. - Employee Benefits Program Administration Liability - Extra Contractual Legal Expense - $25,000 Limit IMPORTANT NOTE: _ -_ THE DELETION OF ANY OF THE ABOVE COVERAGES DOES NOT AUTOMATICALLY REDUCE THE PREMIUM. THESE, PREMIUMS ARE BASED ON ALL OF THE ABOVE COVERAGES. ANY DELETIONS OF COVERAGE WILL IALTERTHE EXPERIENCE MODIFICATIONS FACTOR ORIGINALLYUSED ANO MAY RESULT IN A HIGHER PREMIUM. Note: For Members which may choose a deductible, legal expenses are outside the deductible and are paid by the the Trust for General Liability and Automobile Liability. Members are only responsible if a judgment or settlement occurs. AUTOMOBILE PHYSICAL DAMAGE COVERAGE COVERAGE INCLUDES: - Rental Reimbursement -scheduled vehicles - Lease Differential -scheduled vehicles - Limited Replacement Cost -owned private passenger vehicles - Member's Personal Effects WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Employers' Liability Limits: $1,000,000 Each Accident $1,000,000 By Disease $1,000,000 Aggregate by Disease The Workers' Compensation premium is subject to adjustment when the October 1, 2006 experience modification is received. Premium calculation includes: s°i° orugrree credit Yes z i sarery credli Yes Requires receipt of approved applications PROPERTY COVERAGE LOCATIONS GREATER THAN 1/2 MILE FROM COASTAL WATER: NAMED STORM DEDUCTIBLE: 5% PER LOCATION/PER OCCURRENCE, SUBJECT TO THE POLICY DEDUCTIBLE PER LOCATION/PER OCCURRENCE, WHICHEVER IS GREATER. LOCATIONS WITHIN 112 MILE OF COASTAL WATER: WINDSTORM AND HAIL DEDUCTIBLE: 5% PER BUILDING/PER OCCURRENCE, SUBJECT TO A MINIMUM OF $10,000 OR THE POLICY DEDUCTIBLE PER BUILDING/PER OCCURRENCE, WHICHEVER IS GREATER. Note: If your policy has the Agreed Value endorsement and/or Blanket coverage, a current appraisal is required to maintain both. Blanket Inland Marine coverage is defined as: Coverage for all unscheduled Inland Marine equipment valued at $15,000 or less is subject to $500 deductible. (All Watercraft must be scheduled.) The following additional coverages are included at no additional premium: 1. Newly acquired or constructed property - $1,000,000 Building coverage or $250,000 Personal Property Coverage per location. 2. Valuable Papers and Records -Cost of Research - $25,000 per location to a maximum of $250,000 per member per occurrence. 3. Outdoor Signs -Other than signs attached to buildings - $10,000. 4. Accounts Receivable - $25,000 per location to a maximum of $250,OOD per member per occurrence. 5. Extra Expense - $50,000 per location to a maximum of $SOO,OOD per member per occurrence. 6. Excess Flood - $500,000 maximum per member per occurrence. 7. Police Dogs and Horses - $5,000 for death in line of duty. 8. Business Income - $100,000 maximum limit per fund year. 9. Terrorism - $5,000,000 maximum per occurrence for loss or damage 10. Electronic Data Processing Equipment (Software) - $10,000 per occurrence for mechanical breakdown. 11. Equipment Breakdown Coverage (Boiler & Machinery) -Maximum limit of $50,000,000. 12. Antiques and Objects of Art - $15,000 per item and $100,000 per fund year. The above is only a summary of certain terms and conditions of the extension described. Please refer to the actual endorsement for complete details of coverages and limitations. Note: Property coverage is not offered on a stand alone basis. BONDS INSURER: Travelers Casualty and Surety Company POSITION SCHEDULE BOND Limit of Liability: 250 000 Deductible: Position/Person Covered: Finance Director Premium: 878.00 SUBJECT TO RECEIPT OF COMPLETED APPLICATION AND FINAL APPROVAL BY TRAVELERS CASUALTY AND SURETY. 8 FLORIDA LEAGUE OF CITIES PUBLIC RISK SERVICES Public Risk Services is a full service operation formed to administer the Florida League of Cities' sponsored Trust. This office is located in Orlando, Florida and includes four primary departments. POLICYHOLDER RELATIONS Policyholder Relations/service is provided for the Florida League of Cities' sponsored insurance Trust. Service is provided throughout the state with PHR representatives in geographically defined territories. The North portion of Florida is serviced by Tom Conley located in Tallahassee; the Central portion is serviced by John Ligon in Orlando; and the South portion is serviced by Jim McGinn in Ft. Lauderdale. UNDERWRITING Functions of this department include evaluating insurance exposures for prospective and current members; computing premiums for proposals, renewals and audits; and issuing policies. Department personnel are divided into four teams including a separate health unit along with territorial teams to work with each marketing representative. Additionally, premium billing and collection is coordinated between the Tallahassee and Orlando office. CLAIM ADJUSTING/MONITORING An integral part of the service is both the claims adjusting and the monitoring functions. All claims are handled "in house" by League personnel. RISK CONTROL The Florida League of Cities Risk Control services provides resources to address property, liability and workers' compensation losses. This includes implementation of a formal loss control program, field consultation, risk managemenU safety training programs, field inspection and custom designed programs for specialized operations. In addition, the department provides risk bulletins and a monthly "Safety Update" newsletter for public entities. There is no cost to members associated with any of these resources. OVERVIEW OF THE FLORIDA LEAGUE OF CITIES SAFETY SERVICES The problems contributing to accidents, injuries and lawsuits involving public entities are understood to be much more complex than ever before. With your cooperation and our loss prevention expertise, success in loss avoidance/reduction is an achievable goal. Take advantage of our services. 1 SYSTEM 7 This safety management program assists you in the implementation of a formal "measurable" loss control program. The League provides an orientation and all materials necessary to implement the program immediately. The success of cities on this program has been excellent. This program is the cornerstone for alf of our other services. 2 FIELD SURVEYS We assist you in making and understanding "how to" conduct a proper jobsite inspection to uncover unsafe workplace or worksite conditions that could result in Toss. 3 FIELD CONSULTATION The field consultation program provides members with advice regarding the development and implementation of meaningful policies and procedures that could assist the entity on managing their operations for success in loss avoidance. This service also includes a complete assessment of your present loss control efforts. Written recommendations accompany all field consultations. 4 SAFETY TRAINING Workshops, seminars and other training formats are available to support your program. Examples of programs: (1) How to make accident investigations (2) Job hazard analysis (3) Accident investigation (4) Proper lifting (5) Proper hiring techniques (6) Recreational safety 5 RISK BULLETINS & "LIFTING" PAMPHLETS Risk bulletins on a variety of subjects are available to support your efforts. Listing provided on request. 6 CUSTOM SLIDENIDEO PROGRAMS If your operation is unique or your problem is specific in nature, the League has the capability to develop an in-house "custom" program on "any" topic. 7 NEWSLETTER Support your program with information developed for our Monthly Safety Newsletter. THERE IS NO COST FOR ANY OF THE ABOVE SERVICES. THEY ARE PROVIDED AS A MEMBER SERVICE OF THE FLORIDA LEAGUE OF CITIES. 10 PLEASE READ THIS PAGE CAREFULLY NO COVERAGES, TERMS OR CONDITIONS ARE TO BE ASSUMED. All Trust Programs are Non-Assessable Terms of this Agreement: Premiums shown are subject to year-end audit adjustments. All coverages provided by the Florida Municipal Insurance Trust are on an occurrence format. The Florida Municipal Insurance Trust does not automatically include prior acts (tail) coverage. 2006107 PREMIUM INSTALLMENT PLAN First Installment Second Installment Third Installment Fourth Installment 25% minimum due 25% minimum due 25% minimum due 25% minimum due October 1, 2006 January 1, 2007 April 1, 2007 July 1, 2007 NOTE: If the total net premium is under $6,000, the installment provision does not apply Payment will be forwarded to the League Office in Tallahassee. For any other coverages, the premium is billed by the Florida League of Cities and due in full at inception, regardless of the size of premium. Forty-five (45) Days Notice of Cancellation and Non-Renewal Ten (10) Days Notice of Cancellation for Non-Payment of Premium Any mid-tens cancellations requested by the member will be processed on a short rate basis. 11 Village of North Palm Beach WORKER'S COMPENSATION INFO SHEET Effective 10/1/2006 - 9/30/2007 Policy Holder: Florida Municipal Insurance Trust (EMIT) Policy # 0955 Policy Administrator: Florida League of Cities (FLC) Normal business hours: 9 a.m. - 5 p.m. Phone Number: 1-800-445-6248 Director of W/C Claims: Crosby Coleman x 1752 Managed Care Supervisor: Linda Smith x 1781 Claims Supervisor: Wilma Mosley x 1820 W/C Case Managers/Adjusters: Phone Number: Fax Number: Michael Coefield Maria Valenzuela Doris Candelaria Beverly Boesch 1-800-756-3042 1-800-707-7656 x 1791 medical only x 1783 medical only x 1757 lost time adjuster x 1739 nurse case manager Billing Information: FLORIDA LEAGUE OF CITIES P.O. BOX 538135 ORLANDO, FL 32853-8135 When an on-the-job injury occurs: • If it is alife-threatening emergency, dial 911 • If it is NOT alife-threatening emergency, report the injury to the Supervisor then HR Dept. • In either situation, CALL TOLL-FREE 24-hours a day, 365 days a year: 1-877-676-3890 o To report the injury o To receive first aid information o To receive authorization for treatment The law requires that all on-the job deaths MUST be reported within 24 hours to the Florida Department of Financial Services Division of Worker's Compensation at 1-800-219-8953 or (850) 992-8953. FLC will assign each employee (case) a claim number. The employee must have a claim number to obtain non-emergency medical services. Except in the case of life-threatening emergencies, all medical services must be from an approved worker's compensation provider. Supervisors/Employees should contact the HR Dept. to assist the employee with fording an approved treatment center and obtain the necessary authorizations. HR Dept use only: Instead of calling, may fax completed DWC-1 First Report of Injury (FROI) to: Fax: (800) 707-7656 Attention: Intake Coordinator i ~n~rzoo6 J~s~rida~~ ~ f ~~~~~~P~~ ~uy~~/~~~i~ ~~~ ~ ~ zoos ~7C:~- Village of North Palm Beach Comparison of Insurance Responses FY 2006-07 Prepared by Todd Higley, Heffernan Insurance Brokers Discussion SERMA PGIT jFMIT Total Gross Premium: $1,179,581' $1,343,837' $1,36/3,044 (Reflects price change at pe quote is not yet 4:30 pm today) firm, will be tomorrow. Coverage Hiahlichts (Limits/Deductibles) Properly Limits $1,500,000 for wind $5,000,000 All perils $15,127,173 All perils $9,400,000 for other perils Deductibles Unknown (currently $0) $10,000 All Other Perils $10,000 All Other Perils Unresponsive to RFP 5% Named Windstorm 5% Wind and Hail Differences Unresponsive /Unknown If a tornado hits, or a "no name" storm hits, the PGIT policy would have a $10,000 deductible vs. a $750,000 with FMIT Beyond $5,000,000 in damage Village is reimbursed by FEMA General Liability, Public Officials $1,000,000 $1,000,000 $1,000,000 and Law Enforcement Liability Premium is auditable: higher payroll =higher premium Auto Liability $1,000,000 $1,000,000 $1,000,000 Workers Compensation Statutory Statutory Statutory .1~is~/6w~d .~7- 3~P ~ ~ 2006 ~~I:.~- Contingency Beginning Balance 1st Public Hearing 2nd Public Hearing Available Balance Council Contingency 418,305 (109,230) (149,936) 159,139 VM Contingency so,ooo - (ao,ooo> 10,000 Total 468 305 (109 230) (189,936) $169,139 Amount Budgeted - Insurance Premiums Deductibles & out-of pocket Total Budget 1, 238, 066 100,000 $1,338,066